New South Wales Consolidated Acts

REGISTERED CLUBS ACT 1976 - SECT 34

34 Unapproved person not to act as secretary of registered club

(1) In this section, "approved secretary", in relation to a registered club, means a person to whom approval to act as the secretary of that club has been granted under section 33.

(2) If a person who is not an approved secretary of a registered club:

(a) acts as the secretary of that club, that person, or

(b) is appointed by that club as its secretary, the club,

is guilty of an offence and liable to a penalty, in the case of such a person, not exceeding 50 penalty units and, in the case of the registered club, not exceeding 100 penalty units.

(3) Subsection (2) does not apply so as to preclude a person who is not an approved secretary of a registered club from acting, or being appointed to act as the secretary of a registered club for a period not exceeding 2 months or for such longer period as the Authority may, on the application of that person or club, allow if that person has been appointed by the club to act as secretary of the club but does so apply at the expiration of 7 days after the person’s being so appointed unless the name of that person has been notified to the Authority as the acting secretary of the club.

(3A) For the purposes of this section, a person is considered to be acting as the secretary of a registered club whenever he or she holds or acts in a position in the management of the club whereby the person 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.