New South Wales Consolidated Regulations

REGISTERED CLUBS REGULATION 2009 - REG 19

19 Exceptions relating to disposal of core property

(1) Section 41J (3) of the Act does not apply in relation to the disposal of any core property of a registered club in any of the following circumstances:

(a) the property is being leased or licensed for a period not exceeding 10 years on terms that have been the subject of a valuation by a registered valuer,

(b) the property is being disposed of to a wholly owned subsidiary of the club,

(c) the property is being leased or licensed to a telecommunications provider for the purposes of a telecommunication tower,

(d) the disposal of the property involves calling for expressions of interest and a subsequent selective tendering process, and the disposal and the disposal process have been approved by a majority vote at a general meeting of the ordinary members of the club,

(e) the property is being sold by private treaty, but only if it failed to sell at public auction or open tender following compliance with the requirements of section 41J (3) of the Act,

(f) the terms and nature of the disposal (including details of the parties, property, price and valuation) are disclosed to the ordinary members of the club, and the disposal is approved at a general meeting of the ordinary members of the club,

(g) the property is being disposed of to a government department, statutory body representing the Crown, State owned corporation or local council,

(h) the Director-General has, on application by the registered club, approved of the property being disposed of otherwise than in accordance with section 41J (3) of the Act.

(2) An application under subclause (1) (h) for the Director-General’s approval must:

(a) be in the form and manner approved by the Director-General, and

(b) be accompanied by such information as may be required by the Director-General.

(3) Section 41J (3) of the Act does not apply in relation to the leasing or licensing of any core property of a registered club if the lease or licence:

(a) is granted to a person for the purpose of enabling the person to provide goods or services exclusively to members of the club and their guests and to other persons attending the club in accordance with a club functions authorisation held by the club under section 23 of the Act, or

(b) is granted to a person for the purpose of enabling the person to provide goods or services to members of the club and their guests and to other members of the public and the granting of the lease or licence for that purpose has been approved at a general meeting of the ordinary members of the club.