New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
REGISTERED CLUBS (AMENDMENT) BILL 1990
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
This Bill is cognate with the Liquor (Amendment) Bill 1990.
The objects of this Bill are:
to enable the Minister, the Commissioner of Police, and the Director of
Liquor and Gaming appointed as provided by the Liquor Act 1982, to
delegate functions conferred and imposed on them by the Registered Clubs
Act 1976; and
to confer on the Commissioner of Police the functions under the Principal
Act that are at present conferred on the Superintendent of Licences and
licensing inspectors; and
to confer certain functions on the Director and the Principal Registrar of the
Licensing Court; and
to avoid duplication of certain functions of various authorities in
determining the standard of club premises; and
to prohibit the secretary of a registered club from providing credit on the
club premises by way of a cash advance.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 gives effect to the Schedules of proposed amendments to the Principal
Act.
Clause 4 gives effect to the Schedule of proposed consequential amendments to
the uncommenced Schedule 3 to the Registered Clubs (Amendment) Act 1988.
Registered Clubs (Amendment) 1990
Clause 5 gives effect to the transitional provisions proposed by Schedule 5.
SCHEDULE 1 - AMENDMENTS RELATING TO DELEGATIONS
Schedule 1 ( l ) inserts a definition of "Director". This is the Director of Liquor and
Gaming proposed to be appointed under the Liquor Act 1982.
Schedule 1 (2) provides for a new section 6A of the Principal Act. It would enable
the Minister, the Commissioner of Police and the Director to delegate the respective
functions conferred and imposed on them by the Principal Act.
SCHEDULE 2 - AMENDMENTS RELATING TO THE FUNCTIONS OF
THE POLICE FORCE AND OTHERS
The amendments proposed by Schedule 2 would
(a) confer and impose on the Commissioner of Police (and, in some cases, the
Director) the functions under the Principal Act at present exercised by the
Superintendent of Licences and the licensing inspectors (Schedule 2 except
item (18)); and
(b) add the Director to the persons entitled to institute proceedings for
cancellation of the registration of a registered club or for a period of
disqualification from registration (Schedule 2 (3) (a) and (b)); and
(c) add the Director (instead of the Principal Registrar of the Licensing Court)
to the persons entitled to apply for removal from office of an office-holder
of a registered club or to object to an application for a licence as a poker
machine dealer, seller, technician or adviser (Schedule 2 (8) and (23)); and
(d) to simplify the manner in which the powers of entry at present conferred by
sections 58 and 59 of the Principal Act are expressed (Schedule 2 (14) and
(1 5)); and
(e) extend from G months to 12 months the period within which proceedings for
an offence arising under the Principal Act are to be brought (Schedule 2
(17)); and
(f) add the Director (instead of the Principal Registrar) to the persons entitled
to institute disciplinary action against the holder of a licence as a poker
machine dealer, seller, technician or adviser (Schedule 2 (24)).
The amendments conferring functions on the Commissioner of Police would also,
as far as possible, make the powers of entry and inspection conferred by the Principal
Act uniform with those conferred by the Liquor Act 1982 (Schedule 2 (14)).
SCHEDULE 3 - AMENDMENTS RELATING TO CLUB PREMISES
Schedule 3 (1) would insert in the Principal Act a definition of "approved plan".
This would be a plan of proposed club premises, or of proposed additions or
alterations to club premises, for which approval had been given under the Local
Government Act 1919 and consent had been given under the Environmental
Planning and Assessment Act 1979.
2
Schedule 3 (3) and (4) make consequential amendments.
Schedule 3 (5) requires an approved plan (instead of a "properly drawn" plan) to
be submitted with a conditional application by a club for a certificate of registration
in relation to its proposed premises, or by a registered club in relation to premises
to which the club is proposed to be removed, or by a registered club for approval to
proposed additions or alterations to the club premises.
Schedule 3 (6) limits to a proposed increase or decrease in the area of club
premises the cases in which an alteration or addition to the club premises requires
the approval of the Liquor Administration Board.
Schedule 3 (7) repeals the provision of the Principal Act enabling the Liquor
Administration Board to order additions, alterations or renovations to, or the
rebuilding of, the whole, or a part, of the premises of a registered club. Requirements
of this nature will be left to local authorities.
Schedule 3 (8), (9) make consequential amendments.
SCHEDULE 4 - AMENDMENT RELATING TO CASH CREDIT
Schedule 4 imposes statutory conditions of the certificate of registration of a club.
The conditions would
(a) prohibit the provision, by or on behalf of a registered club of credit by way
of a cash advance otherwise than as a prize on a poker machine; and
(b) prohibit a registered club from having on the club premises a poker machine
that is capable of providing cash or credit otherwise than as a prize.
SCHEDULE 5 - AMENDMENTS TO REGISTERED CLUBS
(AMENDMENT) ACT 1988
Schedule 5 makes consequential amendments to Schedule 3 (not yet commenced)
to the Registered Clubs (Amendment) Act 1988.
SCHEDULE 6 - TRANSITIONAL PROVISIONS
Clause 1 specifies that, in the proposed Schedule 5, a reference to the Principal
Act is a reference to the Registered Clubs Act 1976.
Clause 2 provides for completion of the exercise of a function that, immediately
before the commencement of proposed Schedule 2, was in the course of being
exercised by the superintendent of licences or a licensing inspector.
Clause 3 makes provision for the transfer of certain functions from the Principal
Registrar of the Licensing Court to the Director of Liquor and Gaming.
Clause 4 provides for certain references to the Superintendent of Licences or a
licensing inspector to be read as references to the Commissioner of Police or a
delegate of the Commissioner.
3
Registered Clubs (Amendment) 1990
Clause 5 continues orders under section 20A of the Principal Act for compulsory
work on club premises if they were in force immediately before the repeal of that
section.
Clause 6 provides for the delegation of functions that would be exercisable under
the proposed Schedule.
4