Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, the licensing authority shall not grant a club licence unless the
applicant satisfies the licensing authority —
(a) that
the applicant is a society, club, institution or other body of persons
which —
(i)
is incorporated or deemed to be incorporated under the
Associations Incorporation Act 1987 or some other written law; or
(ii)
is a body to which Schedule 2 applies or otherwise
is of such a size or nature that it is appropriate that the body should be
licensed notwithstanding that it is unincorporated, subject to the licence
being held for the applicant by a trustee,
and that it comprises
a body of persons (in this Act referred to as a club ) associated by reason of
a common interest of the kind referred to in section 37(1)(c)(i);
(b) that
the club has been, or in a case where the applicant is formed by the
amalgamation of 2 or more clubs each of them has been, well managed for a
period of not less than 12 months prior to the application; and
(c)
unless subsection (4) applies, that the constitution and rules of the
club are of a kind appropriate for the purposes of a club seeking to be
licensed, having regard to the terms and conditions of the licence sought,
and the content of
that constitution and those rules is approved by the Director.
(2) Where the Director
finds that the constitution or rules of an applicant club are not adequate to
give effect to the requirements of this Act, the licensing authority
may —
(a)
adjourn the hearing of the application to enable the constitution or rules to
be varied; or
(b)
grant the application subject to a condition requiring amendment of the
constitution or rules.
(3) Subject to
subsection (4), the Director shall not approve the constitution or rules
of a club for the purposes of this Act unless satisfied —
(a) that
proper provision is made for the management of the affairs of the club by a
committee of management elected by the general body of members and for the
appointment of a Secretary; and
(b) that
provision is made for regular meetings of the general body of members and of
the committee of management; and
(c) that
appropriate conditions governing admission to membership of the club exist
and, in particular —
(i)
that a person may not become an ordinary member of the
club unless duly nominated on proper notice being given to the ordinary
members of the club, and subsequently elected by the general body of members
or by a committee in accordance with the constitution and rules; and
(ii)
that the number of persons who may be admitted to
membership, or to a particular class of membership, does not exceed any limit
imposed by the licensing authority having regard to the nature of the club or
the accommodation in respect of which the licence is sought; and
(iii)
where provision is made for honorary or temporary
membership — that the number of persons who may be admitted to
such membership does not exceed any limit that the licensing authority, having
regard to the nature of the club, may impose; and
(iv)
without limiting subparagraph (iii), that any
provision for membership of the club by reason of reciprocal arrangements with
another club is made in accordance with the regulations;
and
(d) that
provision is made for payment in advance of a defined annual, half-yearly,
quarterly or monthly subscription by the ordinary members of the club; and
(e) that
provision is made —
(i)
for proper records to be kept of the proceedings of the
club and of the committee of management; and
(ii)
for proper accounts to be kept of the financial affairs
of the club; and
(iii)
in the case of an unincorporated club, for the
appointment of a person as trustee to hold the licence for the club.
(4) The licensing
authority may approve the constitution or rules of a club for the purposes of
this section notwithstanding that subsection (3) is not complied with if
it is satisfied that the club is a body to which Schedule 2 applies or
that otherwise, having regard to the nature of the club, a proper reason
exists for doing so.
(5) Notwithstanding
any other provision of this section or of section 48, Schedule 2 has
effect in relation to —
(a) the
Anzac Club; and
(b) the
Air Force Association (Western Australia Division) Club,
respectively.
(6) Where a club
licence is held by a body which was not previously incorporated under the
Associations Incorporation Act 1987 , on a copy of a certificate of
incorporation under that Act being lodged with the Director by the Secretary
of the club with the consent of the trustee the licence shall be vested in the
incorporated body and shall be varied accordingly.
[Section 49 amended by No. 12 of 1998
s. 32; No. 73 of 2006 s. 39.]