New South Wales Consolidated Acts

REGISTERED CLUBS ACT 1976 - SECT 30

30 Rules of registered clubs

(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 month of the year 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,

as the proxy of another person.

(f) A person shall not be admitted to membership of the club except as an ordinary member (whether or not persons may be admitted as different classes of ordinary members), provisional member, life member, honorary member or temporary member.

(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.

(j) The fee payable by, or by any class of, ordinary members for membership of the club shall be an amount, not being less than $2 per annum, specified in the rules of the club other than the rules contained in this subsection or subsection (2) and be payable annually or, if the rules of the club other than the rules contained in this subsection or subsection (2) so provide, by monthly, quarterly or half-yearly instalments, and in advance, or for more than 1 year in advance.

(2) The rules of a registered club shall be deemed also to include the following rules:

(a) The names and addresses 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.

(c) A person shall not be admitted as an honorary member or as a temporary member of the club unless:

(i) the person is admitted in accordance with the rules of the club, and

(ii) subsection (3A) is complied with in the case of an honorary member or subsection (3B) is complied with in the case of a temporary member.

(d) Liquor must not be sold, supplied or disposed of on the premises of the club to any person who is not a member of the club except:

(i) on the invitation and in the company of a member of the club, or

(ii) if the person is attending a function in respect of which a club functions authorisation under section 23 is in force.

(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.

(j) A register of persons who are honorary members of the club (other than honorary members referred to in section 30A) is to 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.

(l) A register of persons who are temporary members of the club (other than temporary members referred to in subsection (10) or in section 30B) is to 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 rules of the club that relate to temporary membership of the club, and

(c) a copy of section 30 (10), unless the rules of the club provide that the provisions of that subsection do not apply to the club, and

(d) a copy of the definition of "guest" in section 4.

(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:

(a) a member of another registered club with similar objects to those of the host club, or

(b) a member of another registered club who is attending the host club as provided by subsection (10).

(3C) The regulations may create exceptions to subsection (3B).

(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.

(6) Subsection (2) (d) does not apply:

(a) in respect of the Sydney Cricket Ground Club, the merged racing club (within the meaning of the Australian Jockey and Sydney Turf Clubs Merger Act 2010 ), the Newcastle International Sports Centre Club referred to in clause 9 of Schedule 5 to the Sporting Venues Authorities Act 2008 or any other club declared under subsection (7) to be an exempt club for the purposes of this paragraph, or

(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), or

(d) the fee payable by, or by any class of, ordinary members for membership of the club is an amount specified or determined in accordance with the rules of the club that exceeds $2 per annum and is payable, as may be provided by the rules of the club other than the rules contained in subsection (1) or (2), annually or by quarterly or half-yearly instalments.

(9A) Subsection (9) (a) is subject to any regulations made under subsection (1) (a2).

(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.

(12) The provisions of:

(a) subsection (2) (c) do not apply to a temporary member referred to in subsection (10) of a registered club, and

(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 poker 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.