(1) The rules of a registered club shall be deemed to include the following
rules--
(a) Except as provided by paragraphs (a1) and (a2), the governing body
of the club responsible for the management of the business and affairs of the
club is to be elected--
(i) annually, or
(ii) if a rule of the club so
provides--biennially, or
(iii) if a rule of the club so provides--in
accordance with Schedule 4,
at an election in respect of which the
full members only of the club (or a subclass of full members determined by a
rule of the kind referred to in subsection (9)) are entitled to vote.
(a1) If
the regulations so provide, any election under paragraph (a) is to be in
accordance with Schedule 4.
(a2) If the regulations so provide, the members
of the club who are entitled to vote at an election of the governing body of
the club are such members (or class of members) of the club as may be
specified in the regulations for the purposes of this paragraph.
(b) Except
as provided by paragraph (b1), a person shall not hold office as a member of
the governing body of the club unless the person is a full member of the club.
(b1) The governing body of the club may include, at any one time, no more than
such number of persons (whether or not full members of the club) as may be
prescribed by the regulations who are appointed, in accordance with the
regulations, by the elected members of the governing body of the club.
(c)
The governing body of the club shall hold a meeting at least once in each
quarter and minutes of all proceedings and resolutions of the governing body
shall be kept and entered in a book provided for the purpose.
(d) A person
shall not--
(i) attend or vote at any meeting of the club or of the governing
body or any committee of the club, or
(ii) vote at any election of, or of a
member of, the governing body of the club,
(g) A person shall not be admitted as a member of the club,
other than as a provisional member, honorary member or temporary member,
unless the person is elected to membership at a meeting of the full members of
the club or at a duly convened meeting of the governing body or election
committee of the club, the names of whose members present and voting at that
meeting are recorded by the secretary of the club.
(h) An employee of the
club shall not vote at any meeting of the club or of the governing body of the
club, or at any election of the governing body of the club, or hold office as
a member of the governing body of the club.
(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.
(i) Any profits or other income of the
club shall be applied only to the promotion of the purposes of the club and
shall not be paid to or distributed among the members of the club.
(2) The
rules of a registered club shall be deemed also to include the following
rules--
(a) The names of persons proposed for election as ordinary members of
the club shall be displayed in a conspicuous place on the premises of the club
for at least 1 week before their election.
(b) An interval of at least 2
weeks shall elapse between the proposal of a person for election as an
ordinary member of the club and his or her election.
(e) A person under the age of 18 years must not be
admitted as a member of the club unless the purpose of membership is to enable
the person to take part in regular sporting activities organised by the club.
(f) A person under the age of 18 years shall not propose or second a person
for admission as a member of the club.
(g) Liquor shall not be sold, supplied
or disposed of on the premises of the club to any person under the age of 18
years.
(h) A person under the age of 18 years shall not use or operate
approved gaming machines on the premises of the club.
(i) A register of
persons who are full members of the club shall be kept in accordance with
section 31.
(k) A register of persons of or above the age of
18 years who enter the premises of the club as guests of members shall be kept
in accordance with section 31.
(m) A register of temporary members of the club (other than
temporary members referred to in subsection (10) or in section 30B) who attend
the club each day is to be kept in accordance with section 31 either as a
separate register or as part of the register referred to in paragraph (l).
(n) A register of persons who are admitted as temporary members of the club
for an extended period as referred to in section 30B is to be kept in
accordance with section 31 either as a separate register or as part of the
register referred to in paragraph (l).
(2A) If the rules of a club provide
for the admission of honorary members or temporary members, the rules are
taken also to include a rule that there is to be prominently displayed at all
times at each entrance on the club premises at which members and guests are
permitted to enter--
(a) subject to any exception created by the regulations
under subsection (3C), a map that clearly shows the limits of the area within
which an ordinary resident of the area is not eligible for
temporary membership otherwise than under section 30 (10), and
(b) the procedure for determining the amount of
the fee.
(3) A rule referred to in subsection (1), (2) or (2A) has effect
notwithstanding the provisions of any other law except a provision of this
section.
(3A) The rules of a registered club may not provide for a person to
be an honorary member of the club unless the person holds office as a patron
of the club or is a prominent citizen or local dignitary.
(3B) A person whose
ordinary place of residence is in New South Wales and is within a radius of 5
kilometres from the premises of a registered club (in this subsection referred
to as
"the host club" ) is not eligible for admission as a temporary member of
the host club unless the person is--
(b) provide for a process for the approval by the Secretary of an exception to
the application of subsection (3B), including the imposition of conditions on
an exception.
(4) The provisions of subsection (1) (a) and (g) do not apply
in respect of any club while--
(a) a person is acting in a capacity referred
to in section 41 (1) in respect of that club, and
(b) that club does not, as
a result of a person having been appointed so to act, have a governing body.
(5) Subsections (1) (a) and (g) and (2) (a) and (b) do not apply in respect of
any club declared under section 13 (1) (b) to be an exempt club for the
purposes of section 10 (5).
(5A) Subsection (1) (d) does not apply in respect
of a registered club that is--
(a) a race club registered or licensed by
Racing New South Wales, or
(b) a harness racing club registered by Harness
Racing New South Wales, or
(c) a greyhound racing club registered by
Greyhound Racing New South Wales.
(b) in respect of the sale, supply or disposal of liquor to any
person, other than a member, in any part of the premises of a registered club
while a reception is being held in that part where that person has been
invited to the reception by a person entitled to issue the invitation.
(7)
The Governor may, by order published in the Gazette, declare any club to be an
exempt club for the purposes of subsection (6) (a).
(8) Any rule of a
registered club (except a rule that is deemed by subsection (10) to be
included in the rules of the club) that is inconsistent with any rule
specified in subsection (1) or (2) is to the extent of the inconsistency of no
force or effect.
(9) For the purposes of subsection (8) a rule of a club is
not inconsistent with a rule specified in subsection (1) or (2) by reason only
that--
(a) in relation to the election of the governing body of the club,
referred to in subsection (1) (a), the rules of the club provide that the
members of the club entitled to vote at that election consist of such class or
classes of full members specified in those rules as comprises or comprise not
less than 25% of the full members of the club,
(c) in relation to the age of
any person, it specifies an age that is higher than the age specified in a
rule contained in subsection (2).
(9A) Subsection (9) (a) is subject to any
regulations made under subsection (1) (a2).
(9B) The regulations made under
subsection (1)(a2) may require a registered club to comply with a direction of
the Secretary relating generally to the election of the governing body of the
club and which members are entitled to vote.
(10) The rules of a
registered club (in this subsection referred to as
"the host club" ) shall, unless its rules provide that the provisions of this
subsection do not apply to that club, be deemed to include a rule that a
full member of any other registered club or any interstate club (as defined in
subsection (13)) who, at the invitation of the governing body or of a
full member of the host club, attends on any day at the premises of
the host club for the purpose of participating in an organised sport or
competition to be conducted by the host club on that day shall be a
temporary member of the host club from the time on that day when he or she so
attends the premises of the host club until the end of that day.
(11) Any
person who is a temporary member of a registered club under the rule deemed by
subsection (10) to be a rule of a registered club shall, for the purposes of
this Act, be deemed to have been admitted as a temporary member of that club
in accordance with its rules.
(b) subsection (10) do not affect the right of a
registered club to make rules with respect to the admission of persons as
temporary members of the club.
(13) For the purposes of subsection (10), an
interstate club is a club that is--
(a) incorporated in a Territory or in a
State other than New South Wales, and
(b) licensed, permitted or otherwise
authorised under the law in force in the Territory or State to sell liquor,
and
(c) licensed, permitted or otherwise authorised under the law in force in
the Territory or State to keep and to operate gaming machines within the
meaning of the Gaming Machines Act 2001 .
For the purposes of subsection
(10), a full member of an interstate club is a member of an interstate club
who has full voting rights at general meetings of the interstate club.
(14)
In this section--
"quarter" means a period of 3 months ending on 31 March, 30 June, 30 September
or 31 December.