New South Wales Consolidated Acts

REGISTERED CLUBS ACT 1976 - SECT 38

38 Reporting requirements of registered clubs

(1) The regulations may make provision for or with respect to the reporting requirements of registered clubs (including requirements relating to the financial statements and accounts of registered clubs and the information to be disclosed by registered clubs).

(2) Subject to subsections (3) and (4), regulations made for the purposes of subsection (1) have effect in addition to:

(a) the provisions of the Corporations Act 2001 of the Commonwealth relating to balance sheets and profit and loss accounts of companies, and

(b) the provisions of the Co-operatives Act 1992 relating to balance sheets and income and expenditure accounts of societies.

(3) The regulations may declare a matter that is dealt with by regulations made for the purposes of subsection (1) to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to:

(a) the whole of the Corporations legislation to which Part 1.1A of the Corporations Act 2001 of the Commonwealth applies, or

(b) a specified provision of that legislation, or

(c) that legislation other than a specified provision, or

(d) that legislation otherwise than to a specified extent.

Note: Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a matter to be an excluded matter for the purposes of that section in relation to all or part of the Corporations legislation of the Commonwealth, then the provisions that are the subject of the declaration will not apply in relation to that matter in the State concerned.

(4) If any provision of any regulation made for the purposes of subsection (1) is inconsistent with any provision of the Co-operatives Act 1992 :

(a) the provision of the regulation prevails to the extent of the inconsistency, and

(b) if the provision of the regulation is complied with by the registered club, the registered club is taken not to have failed to comply with the provision of the Co-operatives Act 1992 with which the provision of the regulation is inconsistent.

(5) In this section:
"matter" includes act, omission, body, person or thing.