Registered Clubs Act 1976 - NSW Legislation€“44D (Repealed) 37 45 Unauthorised persons using club premises 37 45A Minors’ names not to be entered in guests’ register 38 Page

This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel’s Office and publishedon the NSW legislation website.

Registered Clubs Act 1976 No 31

Status information

Currency of version

Historical version for 30 March 2012 to 31 December 2013 (generated 16 January 2014 at 13:16). Legislation on the NSW legislation website is usually updated within 3 working days.

Provisions in forceAll the provisions displayed in this version of the legislation have commenced. For commencement and other details see the Historical notes.

New South Wales

Does not include amendments by:Civil and Administrative Legislation (Repeal and Amendment) Act 2013 No 95 (not commenced — to commence on 1.1.2014)

Contents

Page

New South Wales


Part 1 Preliminary1 Name of Act 22 Commencement 2

3, 3A (Repealed) 24 Definitions 2

4A–6 (Repealed) 36A Delegations 4

Part 2 Club requirements, amalgamations, de-amalgamations and certain authorities

Division 1 General requirements

7–9A (Repealed) 510 Requirements to be met by clubs 511 (Repealed) 712 Calculation of minimum number of ordinary members 713 Exempt clubs 8

14–17AAE (Repealed) 8

Division 1A Provisions relating to club amalgamations

17AB Club amalgamations 817AC Definitions 9

Historical version for 30.3.2012 to 31.12.2013 (generated on 16.01.2014 at 13:16)

Registered Clubs Act 1976 No 31 [NSW]Contents

Page

17AD (Repealed) 917AE Club members to be notified of proposed amalgamation 9

17AEA Submissions in relation to club amalgamations 917AEB Other matters to be considered in relation to club amalgamations 9

17AF General limit of 10 amalgamations per club 1017AG (Repealed) 1017AH Clubs allowed to amalgamate if situated in same area only 1017AI Major assets of dissolved club to be kept intact 10

Division 1B Provisions relating to club de-amalgamations

17AJ Club de-amalgamations 1017AK Notification of proposed de-amalgamation and making of submissions 1117AL Statement relating to proposed de-amalgamation 1117AM Other matters to be considered in relation to club de-amalgamations 1117AN Membership of de-amalgamated club 1117AO Transfer of relevant premises to de-amalgamated club 12

Division 2 Certain authorisations in relation to clubs

17A–21 (Repealed) 1222 Non-restricted areas 12

22A Access to club premises by junior members 1223 Functions on club premises 13

23A General provisions applying to authorisations 1423AA–24 (Repealed) 15

Divisions 3, 425–29 (Repealed) 15

Part 3 Rules of registered clubs30 Rules of registered clubs 16

30A Honorary membership of RSL or services clubs for serving and ex-service Defence Force personnel 20

30B Admission of temporary members for extended period 2031 Manner of keeping registers relating to members and guests 21

Part 4 Management of registered clubs32 Registered club to have only one secretary 2233 Approval of person to act as secretary of registered club 22

33A Secretary or manager of club prohibited from holding hotel licence 2234 Unapproved person not to act as secretary of registered club 22

34A–35 (Repealed) 2335A Director-General may carry out inquiries and investigations 23

36 Conduct of club elections by Electoral Commissioner 2437, 37A (Repealed) 26

38 Reporting requirements of registered clubs 2639–40 (Repealed) 26

41 Registered clubs under official management or receivership or in liquidation26

41A Appointment of temporary administrator 27

Page 2



Page

Part 4A Accountability of registered clubs

Division 1 Interpretation

41B Definitions 28

Division 2 Disclosure of interests of members of governing body and employees of registered clubs

41C Disclosure of interests in contracts 2841D Declaration of financial interests in hotels 2841E Disclosure of gifts and remuneration from affiliated bodies 2941F Disclosure of gifts and remuneration from persons or organisations with

contracts with registered clubs 30

Division 341G–41I (Repealed) 30

Division 4 Contracts with registered club

41J Disposal by club of real property 3041K Contracts in which member of governing body or top executive has interest

3141L Contracts with secretary, manager, close relatives and others 3141M Remuneration of top executives 3241N Loans to members of governing body and employees 3241O Requirements relating to loan contracts and contracts involving the

management of clubs by private businesses 3241P General provisions 33

Division 5 Enforcement provisions

41Q Director-General may apply for orders in relation to disposal of real property owned by registered club 33

41R Termination of certain contracts 3441S Section 41S Effect of termination or amendment of contract 3441T Offence of giving effect to terminated contract 3541U Notification to top executives and defence 3541V Offences by secretary and members of governing body of registered club in

relation to contracts 35

Division 641W–41ZA (Repealed) 35

Division 7 Ancillary provisions

41ZB Regulations for purposes of Part 3541ZC Guidelines 36

Part 5 42–42C (Repealed) 36

Part 6 Offences in relation to clubs43 (Repealed) 37

43A Offer of inducement for purchase or provision of goods or services 3744–44D (Repealed) 37

45 Unauthorised persons using club premises 3745A Minors’ names not to be entered in guests’ register 38

Page 3



Page

46 (Repealed) 3847 Offences against rules 38

48, 48A (Repealed) 3849 Amendment of rules of club 38

50, 50A (Repealed) 3950B Display of notices 39

51–55 (Repealed) 3956 General defence available to secretary of registered club 39

57–57D (Repealed) 39

Part 6A Disciplinary action57E Interpretation 4057F Grounds for making complaint 4057G Procedure for taking disciplinary action 4157H Disciplinary powers of Authority 4157I Procedure for implementing disciplinary action 4257J Declarations concerning ineligibility of persons to be secretary or member of

governing body 4257K Requirement for legal member of Authority to be present 4257L Review by ADT of decision by Authority under this Part 43

Parts 7, 7A59–59D (Repealed) 43

Part 8 Criminal proceedings and related matters60–62 (Repealed) 44

63 Evidentiary provisions 4463A, 64 (Repealed) 44

65 Proceedings for offences 4465A Additional penalties may be imposed by court 4465B (Repealed) 45

66 Penalty notices 4566A (Repealed) 45

Part 9 Miscellaneous67 Power to demand particulars from certain persons on club premises 46

67A–70 (Repealed) 4770A Additional functions of Authority 4770B (Repealed) 47

71 Service of notices 4771A Date of payment by direct deposit 48

72 Special provisions relating to Sydney Cricket Ground Club and Newcastle International Sports Centre Club 48

72A Expenses of administration 4872B Liability for losses incurred during administration 4872C (Repealed) 48

73 Regulations 4873A Age of members of governing body of club 49

74, 75 (Repealed) 4976 Transitional provisions 49

Page 4



Page

76AA, 76A (Repealed) 49

Parts 10–1277–153 (Repealed) 50

Schedule 1 (Repealed) 51Schedule 2 Savings, transitional and other provisions 52Schedule 3 (Repealed) 77Schedule 4 Rules for election to governing body for term of 3 years 78

NotesTable of amending instruments 80Table of amendments 89

Page 5



New South Wales

An Act to make provision with respect to the rules and management of registered clubs; to amendthe Gaming and Betting Act 1912 and certain other Acts; to validate certain matters; and forpurposes connected therewith.


Registered Clubs Act 1976 No 31 [NSW]Part 1 Preliminary

Part 1 Preliminary

1 Name of Act

This Act may be cited as the Registered Clubs Act 1976.Note. This Act is part of the gaming and liquor legislation for the purposes of the Gaming andLiquor Administration Act 2007. That Act contains administrative and other relevant provisionsthat apply in relation to this Act (including investigation and enforcement powers andprovisions relating to the probity of officials).

2 Commencement

(1) This section and section 1 shall commence on the date of assent to this Act.

(2) Except as provided in subsection (1), this Act shall commence on such day as maybe appointed by the Governor in respect thereof and as may be notified byproclamation published in the Gazette.

(3) (Repealed)

3, 3A (Repealed)

4 Definitions

(1) In this Act:adult means a person of or above the age of 18 years.amalgamated club means a registered club that results from the amalgamation of 2or more registered clubs as referred to in Division 1A of Part 2.approved gaming machine has the same meaning as in the Gaming Machines Act2001.authorised officer has the same meaning as in the Law Enforcement (Powers andResponsibilities) Act 2002.Authority means the Independent Liquor and Gaming Authority constituted underthe Gaming and Liquor Administration Act 2007.close associate means a close associate within the meaning of the Gaming andLiquor Administration Act 2007.club licence means a club licence granted under the Liquor Act 2007.Director-General means the Director-General of the Department of Trade andInvestment, Regional Infrastructure and Services.exercise a function includes perform a duty and function includes a power, authorityor duty.financial institution means a bank or authorised deposit-taking institution.full member, in relation to a club, means a person who is an ordinary member or alife member of that club.guest:(a) of a full member, provisional member or honorary member of a registered

club, means a person:(i) whose name and address (unless the person is a minor), countersigned

by the member, are entered in a register kept for the purpose by the club,and

(ii) who, at all times while on the club premises, remains in the reasonablecompany of the member, and

(iii) who does not remain on the club premises any longer than the member,and

(b) of a temporary member of a registered club, means a minor:

Page 2



(i) who, at all times while on the club premises, remains in the companyand immediate presence of the member, and

(ii) who does not remain on the club premises any longer than the member,and

(iii) in relation to whom the member is a responsible adult.honorary member, in relation to a club, means a person who, under the rules of thatclub, is an honorary member of that club.hotel has the same meaning as in the Liquor Act 2007.inspector means an inspector within the meaning of the Gaming and LiquorAdministration Act 2007.life member of a club means a person who is elected to membership of the club forlife.liquor has the same meaning as it has in the Liquor Act 2007.local consent authority, in relation to premises or proposed premises of a registeredclub, means:(a) the council in whose area (within the meaning of the Local Government Act

1993) the premises are, or will be, situated, or(b) if consent to the carrying out of development on the land concerned is required

from a person or body other than the council—that person or body.member of a club means a person who is a full member, a provisional member, anhonorary member or a temporary member of the club.ordinary member of a club means a person who is elected to membership of the clubin accordance with the rule of the club referred to in section 30 (1) (g).provisional member of a club means a person who has applied for admission as a fullmember of the club, has paid the subscription appropriate for the membershipapplied for, and is awaiting a decision on the application.registered club means a club that holds a club licence.responsible adult, in relation to a minor, means an adult who is:(a) a parent, step-parent or guardian of the minor, or(b) the minor’s spouse or de facto partner, or(c) for the time being standing in as the parent of the minor.secretary of a club means:(a) the person who, under section 33, holds an approval of the Authority to act as

the secretary of the club, or(b) if the person referred to in paragraph (a) has ceased to hold office or is absent

from office—the person, if any, referred to in section 34 (3) who is appointedby the club to act as its secretary, or

(c) if:(i) the person referred to in paragraph (a) has ceased to hold office or is

absent from office, and(ii) no person has been appointed as referred to in paragraph (b) to act as

secretary of the club,any person who is acting for the time being as the secretary of the club.

temporary member, in relation to a club, means a person who, under the rules of theclub, is a temporary member of that club.

(2) Notes included in this Act do not form part of this Act.

4A–6 (Repealed)

Page 3



6A Delegations

(1) The Minister may delegate to a person any function conferred or imposed on theMinister by this Act, other than this power of delegation.

(2) The Commissioner of Police may delegate to a person any function conferred orimposed on the Commissioner by this Act, other than this power of delegation.

(3) A person to whom a function has been delegated by the Minister or theCommissioner of Police may delegate the function to another person, subject to anyconditions to which the delegation by the Minister or the Commissioner is subject.

(4) The Director-General may delegate to a person any function conferred or imposed onthe Director-General by this Act, other than this power of delegation.

(5) (Repealed)

Page 4


Registered Clubs Act 1976 No 31 [NSW]Part 2 Club requirements, amalgamations, de-amalgamations and certain authorities

Part 2 Club requirements, amalgamations, de-amalgamations and certain authorities

Division 1 General requirements

7–9A (Repealed)

10 Requirements to be met by clubs

(1) The following requirements apply in relation to a club:(a) The club shall be conducted in good faith as a club.(b) The club shall be:

(i) a company within the meaning of the Corporations Act 2001 of theCommonwealth, or

(ii) if the club was registered, or applied for registration, before thecommencement of Part 10—a co-operative under the Co-operatives Act1992 or a corporation constituted by another Act.

(c) (Repealed)(d) The membership of the club shall consist of or include not less than such

number of ordinary members as is prescribed in respect of it by section 12.(e) The club shall be established:

(i) for social, literary, political, sporting or athletic purposes or for anyother lawful purposes, and

(ii) for the purpose of providing accommodation for its members and theirguests.

(e1) If the regulations prescribe objects that are to apply in relation to specifiedtypes of clubs, the club is, if it is of such a type, to have the objects soprescribed in relation to that type of club.

(f) The club shall have premises of which it is the bona fide occupier for thepurposes of the club and which are provided and maintained from the funds ofthe club.

(g) The premises of the club shall contain accommodation appropriate for thepurposes of the club.

(h) The premises of the club shall contain a properly constructed bar room butshall not contain a separate area for the sale or supply of liquor to be carriedaway from those premises to which area there is direct access from outside anybuilding that is part of those premises.

(i) A member of the club, whether or not he or she is a member of the governingbody, or of any committee, of the club, shall not be entitled, under the rules ofthe club or otherwise, to derive, directly or indirectly, any profit, benefit oradvantage from the club that is not offered equally to every full member of theclub.

(j) Only the club and its members are to be entitled under the rules of the club orotherwise to derive, directly or indirectly, any profit, benefit or advantagefrom the ownership or occupation of the premises of the club unless the profit,benefit or advantage is in the form of:(i) reasonable and proper interest paid to a lender on any loan made to the

club that is secured against the premises of the club, or(ii) reasonable and proper rent or occupation fees paid to the owner of the

premises of the club,

Page 5



being, in either case, a payment arising out of dealings reasonably carried out,or contracts reasonably made, with the club in the ordinary course of its lawfulbusiness.

(k) The secretary or manager, or any employee, or a member of the governingbody or of any committee, of the club is not entitled to receive, either directlyor indirectly, any payment calculated by reference to:(i) the quantity of liquor purchased, supplied, sold or disposed of by the

club or the receipts of the club for any liquor supplied or disposed of bythe club, or

(ii) the keeping or operation of approved gaming machines in the club.(k1) The membership of the governing body of the club must not, on and from such

date (or the happening of such event) as may be prescribed by the regulations,exceed 9 persons.

(l) The club must comply with any requirements imposed on the club undersection 38.

(m) The club must comply with any requirements imposed on the club by Part 4A.(n) The business conducted on the premises of the club must not be managed or

controlled by any person or body other than:(i) the governing body of the club, or

(ii) the secretary of the club, or(iii) the manager (within the meaning of the Liquor Act 2007) of the club

premises, or(iv) a person acting in a capacity referred to in section 41 (1) in respect of

the club, or(v) a person appointed under section 41A in respect of the club, or

(vi) a person who is exercising functions relating to the management of thebusiness or affairs of the club under a management contract within themeaning of section 41O.

(2) For the purposes of determining whether a club is being conducted in good faith as aclub, as required by subsection (1) (a), regard is to be had to the following:(a) the nature of the premises of the club,(b) whether the club has been under administration for an extended period of time

(whether as an externally-administered body corporate, within the meaning ofthe Corporations Act 2001 of the Commonwealth, or otherwise),

(c) whether any arrangements relating to the club have resulted in another personor body assuming the effective control of the club and its business,

(d) such other matters as may be prescribed by the regulations.

(3) Subsection (1) (b) does not apply in respect of Tattersall’s Club referred to in theTattersall’s Club Act of 1888, City Tattersall’s Club referred to in the CityTattersall’s Club Act of 1912, Newcastle Tattersall’s Club referred to in theNewcastle Tattersall’s Club Act 1945, the Newcastle International Sports CentreClub referred to in clause 9 of Schedule 5 to the Sporting Venues Authorities Act2008 or in respect of any club declared under section 13 (1) (a) to be an exempt clubfor the purposes of this subsection.

(4) (Repealed)

(5) Subsection (1) (e) (ii) does not apply in respect of any club declared under section 13(1) (b) to be an exempt club for the purposes of this subsection.

Page 6



(6) A club does not fail to meet the requirement specified in subsection (1) (i) or (1) (j)by reason only that a member of the club derives or is entitled to derive any profit,benefit or advantage from the club that is not offered equally to every full member ofthe club if:(a) the member derives or is entitled to derive the profit, benefit or advantage, not

being a profit, benefit or advantage referred to in paragraph (b), pursuant to acontract (including a contract of employment) or agreement with the club andthe deriving of or entitlement to the profit, benefit or advantage is, in theopinion of the Authority, reasonable in the circumstances of the case, or

(b) the profit, benefit or advantage consists only of a sum of money paid to themember in respect of his or her services as a member of the governing body orof any committee of the club and that payment has been approved by aresolution passed at a general meeting on which the persons entitled to vote arethe same as the persons entitled to vote at the annual election of the governingbody of the club, or

(c) the profit, benefit or advantage consists only of hospitality in the nature ofreasonable food or refreshment offered by the holder of a dealer’s licence oradviser’s licence (within the meaning of the Gaming Machines Act 2001) inthe normal course of a sale of an approved gaming machine on the licensee’spremises, or at a display of an approved gaming machine that is held anywherein the State for the purpose of directly promoting the products or services ofthe licensee, or

(d) the profit, benefit or advantage consists only of the payment of out-of-pocketexpenses that are of a kind authorised by a current resolution of the governingbody and are reasonably incurred by a member of the club, or by the secretaryor any other employee, in the course of carrying out his or her duties in relationto the club.

(6A) Subsection (1) (i) does not prevent a club from providing different benefits fordifferent classes of members if:(a) the different benefit was being lawfully provided immediately before the

commencement of this subsection, or(b) the different benefit is not in the form of money or a cheque or promissory note

and is the subject of a current authorisation given by a general meeting of themembers prior to the benefit being provided.

(7) A club does not fail to meet the requirement specified in subsection (1) (j) by reasononly that a person derives or is entitled to derive any profit, benefit or advantage asreferred to in subsection (1) (j) if, in the opinion of the Authority, the deriving of orentitlement to the profit, benefit or advantage is reasonable in the circumstances ofthe case.

11 (Repealed)

12 Calculation of minimum number of ordinary members

For the purposes of section 10 (1) (d), the number of ordinary members prescribed inrespect of a club:(a) whose premises are situated within a radius of 24 kilometres from the General

Post Office in Sydney is:(i) in a case where a certificate of registration under the Liquor Act 1912 in

respect of the club was in force immediately before the commencementof the Liquor (Amendment) Act 1954—sixty, or

Page 7



(ii) in any other case—200 or such lesser number, not being less than 60, asthe Authority may in special circumstances determine in respect of theclub, or

(b) whose premises are situated elsewhere, is:(i) in a case where a certificate of registration under the Liquor Act 1912

was in force immediately before the commencement of the Liquor(Amendment) Act 1954—thirty, or

(ii) in any other case—100 or such lesser number, not being less than 30, asthe Authority may in special circumstances determine in respect of theclub.

13 Exempt clubs

(1) The Governor may, by order published in the Gazette:(a) declare any club to be an exempt club for the purposes of section 10 (3), or(b) declare any club to be an exempt club for the purposes of section 10 (5) if:

(i) the purposes, referred to in section 10 (1) (e) (i), for which the club isestablished are primarily athletic purposes, and

(ii) the management of the club is vested in trustees appointed by theGovernor.

(2) The trustees of any club declared under subsection (1) (b) to be an exempt club shall,for the purposes of this Act, be deemed to be the governing body of the club.

14–17AAE (Repealed)

Division 1A Provisions relating to club amalgamations

17AB Club amalgamations

(1) 2 or more registered clubs may amalgamate in accordance with this Division.

(2) An amalgamation of 2 or more registered clubs:(a) is effected by:

(i) the dissolution of each of those clubs and the formation of a new clubthat owns or occupies the same premises (or part of the same premises)of at least one of the dissolved clubs, and

(ii) the transfer, under section 60 of the Liquor Act 2007, to the new club ofthe club licence or licences held by the dissolved club or clubs in respectof those premises, or

(b) is effected by:(i) the continuation of one of those clubs and the dissolution of the other

club or clubs, and(ii) the transfer, under section 60 of the Liquor Act 2007, of the club licence

held by each of those dissolved clubs to the continuing club.Note. Under section 60 (6) of the Liquor Act 2007 the club licence held by a dissolved clubmay be transferred to the parent (or amalgamated) club only if the Authority is satisfied thatthe requirements of this Division have been complied with.

(3) This Division (including any regulations made in relation to club amalgamations)extends, with such modifications as are necessary, to a proposed amalgamation inwhich one of the parties involved comprises those members of an amalgamated clubwho represent the interests of a proposed de-amalgamated club (being a club that isto result from a de-amalgamation under Division 1B). Accordingly, a reference inthis Division (and in any such regulation) to a registered club includes a reference to

Page 8



a proposed de-amalgamated club and the members of that proposed de-amalgamatedclub are taken to be the members of the amalgamated club before thede-amalgamation.

17AC Definitions

(1) In this Division:dissolved club, in relation to the amalgamation or proposed amalgamation of 2 ormore registered clubs, means the club whose club licence is, or is to be, transferredunder section 60 of the Liquor Act 2007 to another registered club.main premises of a parent club means the premises that are, in the opinion of theAuthority, the main premises of the club.parent club, in relation to the amalgamation or proposed amalgamation of 2 or moreregistered clubs, means the registered club to which the club licence of another clubis, or is to be, transferred under section 60 of the Liquor Act 2007.same area, in relation to the amalgamation or proposed amalgamation of 2 or moreregistered clubs, means the area within a radius of 50 kilometres of the main premisesof the parent club.

(2) Before any 2 or more registered clubs amalgamate, the parent club must, under itsrules, establish the members of the dissolved club as a separate class of members.Such members are to be identified by the parent club as, and are referred to in thisDivision and in Division 1B as, the members of the dissolved club.

17AD (Repealed)

17AE Club members to be notified of proposed amalgamation

(1) (Repealed)

(2) A registered club that is a party to a proposed amalgamation must, in accordance withthe regulations, notify its members of the proposed amalgamation.

(3), (4) (Repealed)

17AEA Submissions in relation to club amalgamations

(1) Any person may, subject to and in accordance with the regulations, make a writtensubmission to the Authority in relation to a proposed amalgamation under thisDivision.

(2) If any such submission is made to the Authority, the Authority is to take thesubmission into consideration before deciding whether or not to approve the transferof the licence of the dissolved club under section 60 of the Liquor Act 2007.

17AEB Other matters to be considered in relation to club amalgamations

Without limiting section 60 of the Liquor Act 2007, the Authority may not approveof the transfer of the licence of a dissolved club under that Act unless the Authorityis satisfied that:(a) the parent club will meet the requirements set out in section 10 (1), and(b) the parent club will be financially viable, and(c) the proposed amalgamation is in the interests of the members of each of the

clubs that are amalgamating, and(d) the proposed amalgamation has been approved in principle at separate

extraordinary general meetings of the ordinary members of each of the clubsproposing to amalgamate.

Page 9



17AF General limit of 10 amalgamations per club

(1) A registered club (including a club that has already been formed by, or continued asthe result of, an amalgamation) may amalgamate with a total of no more than 10 otherregistered clubs over any period of time.

(2)–(4) (Repealed)

(5) For the purposes of this section, the number of amalgamations in respect of aregistered club over any period of time includes any amalgamations involving theclub that were effected before the commencement of this Division.

17AG (Repealed)

17AH Clubs allowed to amalgamate if situated in same area only

(1) 2 or more registered clubs may amalgamate only if the clubs to be amalgamated aresituated in the same area.

(2) However, if in relation to a proposed amalgamation, the Authority is satisfied that thedissolved club:(a) is not able to amalgamate with another club in the same area, the Authority

may, subject to this Division, allow the dissolved club to amalgamate withanother club that is not situated in the same area but which has similar objectsand activities as the dissolved club, or

(b) is not able to amalgamate with another club in the same area, or with anotherclub having similar objects and activities as the dissolved club, the Authoritymay, subject to this Division, allow the dissolved club to amalgamate with anyother club.

17AI Major assets of dissolved club to be kept intact

(1) During the period of 3 years following the amalgamation of 2 or more registeredclubs, the parent club must not dispose of any of the major assets of the dissolvedclub unless the disposal has been approved by the Authority.Maximum penalty: 100 penalty units.

(2) The Authority may approve of the disposal of any of the major assets of the dissolvedclub only if the Authority is satisfied that:(a) the disposal is necessary to ensure the financial viability of the parent club, and(b) a majority of the members of the dissolved club have approved of the disposal.

(3) In this section:major assets of a dissolved club means assets that are of a class prescribed by theregulations.

Division 1B Provisions relating to club de-amalgamations

17AJ Club de-amalgamations

(1) An amalgamated club may de-amalgamate in accordance with this Division.

(2) The de-amalgamation of an amalgamated club is effected by:(a) the formation of a new registered club (referred to in this Division as the

de-amalgamated club), and(b) the transfer to the de-amalgamated club of the title to (or of the right to occupy)

the premises (or any part of the premises) that were, immediately before theamalgamation with the parent club, owned or occupied by the dissolved club(referred to in this Division as the relevant premises), and

Page 10



(c) the transfer to the de-amalgamated club, under section 60 of the Liquor Act2007, of the club licence held by the amalgamated club in respect of therelevant premises.Note. Under section 60 (6) of the Liquor Act 2007 the club licence held by theamalgamated club for the relevant premises may be transferred to thede-amalgamated club only if the Authority is satisfied that the requirements of thisDivision have been complied with.

(3) In this Division:dissolved club and parent club have the same meanings as in Division 1A.

(4) For the purposes of this Division, the members of the dissolved club include anyperson who, following the amalgamation, has become a member of the amalgamatedclub but only in relation to the relevant premises.

17AK Notification of proposed de-amalgamation and making of submissions

(1) If an amalgamated club is proposing to de-amalgamate, the club must, in accordancewith the regulations, notify its members of the proposed de-amalgamation.

(2) Any person may, subject to and in accordance with the regulations, make a writtensubmission to the Authority in relation to a proposed de-amalgamation under thisDivision.

(3) If any such submission is made to the Authority, the Authority is to take thesubmission into consideration before deciding whether or not to approve the transferunder section 60 of the Liquor Act 2007 to the de-amalgamated club of the licenceheld by the parent club in respect of the relevant premises.

17AL Statement relating to proposed de-amalgamation

(1) If an amalgamated club is proposing to de-amalgamate, the club must prepare astatement containing the information required by the regulations in relation to theproposed de-amalgamation.

(2) Any such statement must be made available in the manner required by theregulations.

17AM Other matters to be considered in relation to club de-amalgamations

Without limiting section 60 of the Liquor Act 2007, the Authority may not approvethe transfer to the de-amalgamated club of the licence held by the parent club inrespect of the relevant premises unless the Authority is satisfied that:(a) the de-amalgamated club will meet the requirements set out in section 10 (1),

and(b) the de-amalgamated club will be financially viable, and(c) the proposed de-amalgamation is in the interests of the members of the parent

club and the dissolved club, and(d) the proposed de-amalgamation has been approved in principle at separate

extraordinary general meetings of the ordinary members of the parent club andthe members of the dissolved club.

17AN Membership of de-amalgamated club

(1) Without limiting any other provision of this Act relating to the membership ofregistered clubs, the membership of a de-amalgamated club is, subject to theregulations, taken to include the members of the dissolved club who have continuedto be members of the parent club up until the time the de-amalgamation takes effect.

Page 11



(2) Any such members of the dissolved club are, on becoming members of thede-amalgamated club, entitled to continue as members of the parent club.

17AO Transfer of relevant premises to de-amalgamated club

Despite section 41J (3) (c), the transfer by an amalgamated club of the relevantpremises to the de-amalgamated club may be effected by means of private treaty.

Division 2 Certain authorisations in relation to clubs

17A–21 (Repealed)

22 Non-restricted areas

(1) The Authority may, on application by or on behalf of a registered club, grant anauthorisation (a non-restricted area authorisation) to the club specifying a part orparts of the premises of the club as a non-restricted area.

(2) A registered club and the secretary of the club are each guilty of an offence if anyconditions of a non-restricted area authorisation held by the club are contravened.Maximum penalty: 20 penalty units in the case of the registered club and 10 penaltyunits in the case of the secretary.Note. Section 23A makes provision for the conditions to which a non-restricted areaauthorisation is subject.

22A Access to club premises by junior members

(1) The Authority may, on application by or on behalf of a registered club, grant anauthorisation (a junior members authorisation) to allow members of the club whoare under the age of 18 years access to areas of the club premises that wouldotherwise be restricted to those members, but only for the purpose of taking part insporting activities or a prize-giving ceremony associated with sporting activities.

(2) Without limiting the conditions that may be imposed by the Authority under section23A in relation to a junior members authorisation, any such conditions may relate tothe following:(a) the required level of adult supervision of members under the age of 18 years

using the premises of the club under the authorisation,(b) the establishment of, and the manner of keeping, a register to be signed by

members under the age of 18 years each time they use the premises of the clubunder the authorisation and by each adult supervising them,

(c) the steps that the club must take to ensure that liquor is not sold or supplied topersons under the age of 18 years using the premises of the club under theauthorisation,

(d) the steps that the club must take to ensure that approved gaming machines arenot used by persons under the age of 18 years using the premises of the clubunder the authorisation.

(3) It is a condition of a junior members authorisation that tobacco vending machinesmust be unable to be operated while members under the age of 18 years are using thepremises of the club under the authorisation.

(4) A registered club and the secretary of the club are each guilty of an offence if anyconditions of a junior members authorisation held by the club are contravened.Maximum penalty: 20 penalty units in the case of the registered club and 10 penaltyunits in the case of the secretary.Note. Section 23A also makes provision for the conditions to which a junior membersauthorisation is subject.

Page 12



23 Functions on club premises

(1) The Authority may, on application by or on behalf of a registered club, grant anauthorisation (a club functions authorisation) to the club to permit persons:(a) who are not members of the club, or(b) who are under the age of 18 years,to attend, in a specified part of the club premises, functions of a cultural, educational,religious, patriotic, professional, charitable, political, literary, sporting, athletic,industrial or community nature. Any such function may include a wedding.

(2) A club functions authorisation is to designate function areas (that is, each part of theclub premises on which the functions concerned are permitted to be held) and accessareas (that is, each part of the club premises through or by means of which personsattending those functions are to be permitted to obtain entry to or to depart from afunction area).

(3) A club functions authorisation is subject to the following conditions, but only to theextent that it authorises functions for minors on the club premises:(a) at least 7 days notice must be given to the local police before any function is

held,(b) the notice must specify the name and nature of the function, the number of

minors attending, the number of adult supervisors, details of the securityarrangements and such other particulars as may be prescribed by theregulations,

(c) the secretary of the club and person conducting the function must comply withany directions given by the local police or the Authority with respect to theconduct of functions for minors,

(d) liquor must not be sold, supplied, disposed of or consumed in the area in whichany function is held,

(e) gaming machines must not be located in the area in which any function is heldand any area of the club in which gaming machines are located must not beaccessible to any minor attending the function,

(f) such other conditions as may be prescribed by the regulations.Note. Section 23A also makes provision for the conditions to which a club functionsauthorisation is subject.

(4) A registered club and the secretary of the club are each guilty of an offence if:(a) any conditions of a club functions authorisation held by the club are

contravened, or(b) a function is held pursuant to the club functions authorisation otherwise than

in accordance with the approval of the governing body of the club.Maximum penalty: 20 penalty units in the case of the registered club and 10 penaltyunits in the case of the secretary.

(5) It is a defence to a prosecution of a secretary of a club for an offence under subsection(4) if it is proved that:(a) the secretary had taken all reasonable precautions to avoid commission of the

alleged offence, and(b) at the time of the alleged offence the secretary did not know, and could not

reasonably be expected to have known, that the alleged offence had beencommitted.

Page 13



23A General provisions applying to authorisations

(1) This section applies to the following authorisations:(a) a non-restricted area authorisation,(b) a junior members authorisation,(c) a club functions authorisation.

(2) An application for an authorisation must:(a) be in the form and manner approved by the Authority, and(b) be accompanied by the fee prescribed by the regulations and such information

and particulars as may be prescribed by the regulations, and(c) if required by the regulations to be advertised—be advertised in accordance

with the regulations, and(d) comply with such other requirements as may be approved by the Authority or

prescribed by the regulations.

(3) In determining an application for an authorisation, the Authority has the same powersin relation to the application as the Authority has under the Liquor Act 2007 inrelation to an application for a licence under that Act.

(4) If, before an application for an authorisation is determined by the Authority, a changeoccurs in the information provided in, or in connection with, the application(including information provided under this subsection), the applicant mustimmediately notify the Authority of the particulars of the change.Maximum penalty: 20 penalty units.

(5) Any person may, subject to and in accordance with the regulations, make asubmission to the Authority in relation to an application for an authorisation.

(6) If any such submission is made to the Authority, the Authority is to take thesubmission into consideration before deciding whether or not to grant theauthorisation.

(7) The regulations may prescribe, or provide for the determination of, a fee in respectof the granting of an authorisation. If any such fee is prescribed or determined, theauthorisation does not take effect until the fee has been paid.

(8) The Authority may, in granting an authorisation, specify requirements that are to becomplied with before the authorisation takes effect. The authorisation does not takeeffect until such time as any such requirements have been complied with.

(9) An authorisation:(a) is subject to such conditions:

(i) as are imposed by the Authority (whether at the time the authorisationis granted or at a later time), or

(ii) as are imposed by this Act or as are prescribed by the regulations, and(b) may be varied or revoked by the Authority on the Authority’s initiative or on

application by the registered club that holds the authorisation, theDirector-General or the Commissioner of Police.

(10) Any such application by a registered club to vary or revoke an authorisation(including any conditions to which the authorisation is subject that have beenimposed by the Authority) must be accompanied by the fee prescribed by theregulations.

(11) An authorisation has effect only while all the conditions to which it is subject arebeing complied with.

Page 14



(12) The Authority must not impose a condition on an authorisation or revoke or vary anauthorisation unless the Authority has:(a) given the registered club that holds the authorisation a reasonable opportunity

to make submissions in relation to the proposed decision, and(b) taken those submissions into consideration before making the decision.

(13) Subsection (12) does not apply if the registered club has applied for the authorisationto be revoked or varied.

(14) This section does not authorise the revocation or variation of a condition to which anauthorisation is subject if the condition is imposed by this Act or is prescribed by theregulations.

23AA–24 (Repealed)

Divisions 3, 4 25–29 (Repealed)

Page 15


Registered Clubs Act 1976 No 31 [NSW]Part 3 Rules of registered clubs

Part 3 Rules of registered clubs

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 beelected:(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 asubclass of full members determined by a rule of the kind referred to insubsection (9)) are entitled to vote.

(a1) If the regulations so provide, any election under paragraph (a) is to be inaccordance with Schedule 4.

(a2) If the regulations so provide, the members of the club who are entitled to voteat an election of the governing body of the club are such members (or class ofmembers) of the club as may be specified in the regulations for the purposesof this paragraph.

(b) Except as provided by paragraph (b1), a person shall not hold office as amember of the governing body of the club unless the person is a full memberof the club.

(b1) The governing body of the club may include, at any one time, no more thansuch number of persons (whether or not full members of the club) as may beprescribed by the regulations who are appointed, in accordance with theregulations, 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 eachmonth of the year and minutes of all proceedings and resolutions of thegoverning 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.

(e) (Repealed)(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 ofordinary members), provisional member, life member, honorary member ortemporary member.

(g) A person shall not be admitted as a member of the club, other than as aprovisional member, honorary member or temporary member, unless theperson is elected to membership at a meeting of the full members of the clubor at a duly convened meeting of the governing body or election committee ofthe club, the names of whose members present and voting at that meeting arerecorded by the secretary of the club.

(h) An employee of the club shall not vote at any meeting of the club or of thegoverning body of the club, or at any election of the governing body of theclub, or hold office as a member of the governing body of the club.

Page 16



(h1) An employee of the club must not vote at any election of the governing bodyof another club or association if any member of that governing body would, asthe result of that election, be entitled or qualified to be appointed (or benominated 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 promotionof the purposes of the club and shall not be paid to or distributed among themembers of the club.

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

(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 premisesof 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 personfor 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 temporarymember 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 orsubsection (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 toany 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 functionsauthorisation under section 23 is in force.

(e) A person under the age of 18 years must not be admitted as a member of theclub unless the purpose of membership is to enable the person to take part inregular sporting activities organised by the club.

(f) A person under the age of 18 years shall not propose or second a person foradmission as a member of the club.

(g) Liquor shall not be sold, supplied or disposed of on the premises of the club toany person under the age of 18 years.

(h) A person under the age of 18 years shall not use or operate approved gamingmachines on the premises of the club.

(i) A register of persons who are full members of the club shall be kept inaccordance with section 31.

(j) A register of persons who are honorary members of the club (other thanhonorary members referred to in section 30A) is to be kept in accordance withsection 31.

(j1) (Repealed)(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.

Page 17



(l) A register of persons who are temporary members of the club (other thantemporary members referred to in subsection (10) or in section 30B) is to bekept in accordance with section 31.

(m) A register of temporary members of the club (other than temporary membersreferred to in subsection (10) or in section 30B) who attend the club each dayis to be kept in accordance with section 31 either as a separate register or aspart of the register referred to in paragraph (l).

(n) A register of persons who are admitted as temporary members of the club foran extended period as referred to in section 30B is to be kept in accordancewith section 31 either as a separate register or as part of the register referred toin paragraph (l).

(o) (Repealed)

(2A) If the rules of a club provide for the admission of honorary members or temporarymembers, the rules are taken also to include a rule that there is to be prominentlydisplayed at all times at each entrance on the club premises at which members andguests 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 residentof the area is not eligible for temporary membership otherwise than undersection 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 theprovisions 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 memberof the club unless the person holds office as a patron of the club or is a prominentcitizen or local dignitary.

(3B) A person whose ordinary place of residence is in New South Wales and is within aradius of 5 kilometres from the premises of a registered club (in this subsectionreferred to as the host club) is not eligible for admission as a temporary member ofthe 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 clubdeclared 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:

Page 18



(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 Act2010), the Newcastle International Sports Centre Club referred to in clause 9of Schedule 5 to the Sporting Venues Authorities Act 2008 or any other clubdeclared under subsection (7) to be an exempt club for the purposes of thisparagraph, or

(b) in respect of the sale, supply or disposal of liquor to any person, other than amember, in any part of the premises of a registered club while a reception isbeing held in that part where that person has been invited to the reception by aperson entitled to issue the invitation.

(7) The Governor may, by order published in the Gazette, declare any club to be anexempt club for the purposes of subsection (6) (a).

(7A) (Repealed)

(8) Any rule of a registered club (except a rule that is deemed by subsection (10) to beincluded in the rules of the club) that is inconsistent with any rule specified insubsection (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 rulespecified 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 clubentitled to vote at that election consist of such class or classes of full membersspecified in those rules as comprises or comprise not less than 25% of the fullmembers of the club,

(b) (Repealed)(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 ofthe club that exceeds $2 per annum and is payable, as may be provided by therules 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 anyinterstate club (as defined in subsection (13)) who, at the invitation of the governingbody or of a full member of the host club, attends on any day at the premises of thehost club for the purpose of participating in an organised sport or competition to beconducted by the host club on that day shall be a temporary member of the host clubfrom the time on that day when he or she so attends the premises of the host club untilthe end of that day.

(11) Any person who is a temporary member of a registered club under the rule deemedby 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 accordancewith its rules.

Page 19



(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 gaming machines within the meaningof the Gaming Machines Act 2001.

For the purposes of subsection (10), a full member of an interstate club is a memberof an interstate club who has full voting rights at general meetings of the interstateclub.

30A Honorary membership of RSL or services clubs for serving and ex-service Defence Force personnel

(1) The rules of each RSL or services club are taken to include a rule that any personattending the club premises who produces evidence that the person is a servingmember of the Australian Defence Force is taken to have been admitted as anhonorary member of the club for the day the person attends the club premises.

(2) The rules of each RSL or services club are also taken to include a rule that any personattending the club premises who:(a) is a former member of the Australian Defence Force, and(b) produces evidence that the person is a Service Member of the RSL and a

member of at least one other RSL or services club,is taken to have been admitted as an honorary member of the club for the day theperson attends the club premises.

(3) Section 30 (2) (c) does not apply in relation to a person who is taken to be admittedas an honorary member of an RSL or services club under this section.

(4) In this section:Australian Defence Force includes the armed forces of the Commonwealth,however described.RSL means the Returned and Services League of Australia.RSL or services club means:(a) an RSL, Services, Ex-services, Memorial, Legion or other similar club that is

a registered club, or(b) a registered club that has objects similar to, or that amalgamated with, a club

of the kind referred to in paragraph (a).

30B Admission of temporary members for extended period

(1) If the rules of a registered club provide for the admission of temporary members, therules are taken to include a rule that persons may be admitted as temporary membersof the club for a period of up to, but not exceeding, 7 consecutive days (or for suchlonger period as the Authority may approve in writing in relation to that club).

(2) The Authority cannot, under subsection (1), approve a period that is more than 30consecutive days.

Page 20



31 Manner of keeping registers relating to members and guests

(1) A register kept for the purposes of:(a) section 30 (2) (i) shall set forth the name in full, the occupation and the address

of each full member and, if he or she is an ordinary member, the date on whichhe or she last paid the annual fee for membership of the club,

(b) section 30 (2) (j) in relation to honorary members is to have entered in it thefull name or the surname and initials, and the address, of each honorarymember,

(b1) (Repealed)(c) section 30 (2) (k) shall have entered therein on each occasion on any day on

which a person of or above the age of 18 years enters the premises of the clubas the guest of a member the name in full or the surname and initials of thegiven names, and the address, of that guest, the date of that day and thesignature of that member,

(d) section 30 (2) (l) in relation to temporary members is to have entered in it thefull name or the surname and initials, and the address, of each temporarymember,

(e) section 30 (2) (m) in relation to temporary members is to have entered in it,when a temporary member first enters the club premises on any day, the fullname, or the surname and initials, and the address, of the temporary membertogether with his or her signature,

(f) section 30 (2) (n) in relation to temporary members referred to in section 30Bis to have entered in it, when any such temporary member enters the clubpremises for the first time, the full name, or the surname and initials, and theaddress, of the temporary member together with his or her signature.Note. A person who is admitted as a temporary member for an extended period undersection 30B does not have to sign in each time the person enters the club’s premisesas such a member.

(2) Notwithstanding subsection (1) (c), if an entry in the register kept for the purposes ofsection 30 (2) (k) is made on any day in respect of the guest of a member, it is notnecessary for an entry to be made in that register in respect of that guest if he or shesubsequently enters the premises of the club on that day as the guest of that member.

(3) A register referred to in this section must be retained by a registered club for a periodof at least 3 years after the date of the last entry in the register.Maximum penalty: 20 penalty units.

Page 21


Registered Clubs Act 1976 No 31 [NSW]Part 4 Management of registered clubs

Part 4 Management of registered clubs

32 Registered club to have only one secretary

(1) A registered club must at any time have one, but not more than one, secretary who isto be the chief executive officer of the club.Maximum penalty: 100 penalty units.

(2) The maximum number of secretaries of a registered club is declared to be anexcluded matter for the purposes of section 5F of the Corporations Act 2001 of theCommonwealth in relation to section 204A of that Act.Note. This subsection ensures that section 204A ((Minimum number of secretaries) of theCorporations Act 2001 of the Commonwealth will not apply in relation to the matter referred toin the subsection. Section 5F of the Corporations Act 2001 of the Commonwealth provides thatif a State law declares a matter to be an excluded matter in relation to a specified provision ofthat Act, then that provision will not apply in relation to that matter in the State concerned.

(3) Not later than 7 days after a person ceases to be secretary of a registered club, theclub shall cause the Authority to be given the prescribed notification in writing in aform approved by the Authority.Maximum penalty—subsection (3): 100 penalty units.

33 Approval of person to act as secretary of registered club

(1) A person may apply to the Authority for approval to act as the secretary of aregistered club. Any such application is to be in the form and manner approved bythe Authority.

(2) The Authority may grant such an approval or refuse to grant the approval.

(3) The Authority must refuse to grant an approval of a person to act as secretary of aregistered club if the Authority is satisfied that the applicant is not a fit and properperson to act as the secretary of a registered club.

(4) The Authority must not refuse to grant an approval unless the Authority has given theapplicant an opportunity to make written submissions in relation to the applicationand has taken any such submissions into consideration before making the decision.

33A Secretary or manager of club prohibited from holding hotel licence

(1) A person who is the secretary of a registered club or the manager (within the meaningof the Liquor Act 2007) of the premises of a registered club must not:(a) hold a hotel licence under the Liquor Act 2007, or(b) acquire any financial interest in respect of a hotel.Maximum penalty: 100 penalty units.

(2) Subsection (1) does not apply to or in respect of a hotel licence or a financial interestin a hotel granted to or acquired by the person concerned before the commencementof this section.

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 towhom 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,

Page 22



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

(3) Subsection (2) does not apply so as to preclude a person who is not an approvedsecretary of a registered club from acting, or being appointed to act as the secretaryof a registered club for a period not exceeding 2 months or for such longer period asthe Authority may, on the application of that person or club, allow if that person hasbeen appointed by the club to act as secretary of the club but does so apply at theexpiration of 7 days after the person’s being so appointed unless the name of thatperson 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 secretaryof a registered club whenever he or she holds or acts in a position in the managementof the club whereby the person is responsible to the governing body of the club forthe management of the business and affairs of the club or is otherwise responsible forthe exercise of the functions of chief executive officer of the club.

(4) (Repealed)

34A–35 (Repealed)

35A Director-General may carry out inquiries and investigations

(1) The Director-General may carry out such investigations and inquiries as theDirector-General considers necessary in order to ascertain:(a) whether a complaint should be made under Part 6A in relation to the secretary,

or a member of the governing body, of a registered club, or(b) whether a registered club or member of the governing body or employee of a

registered club is complying with the provisions of Part 4A.

(2) The Commissioner of Police is to inquire into, and report to the Director-General on,such matters as the Director-General may request concerning a person who is thesubject of an investigation under this section.

(3) The Director-General may, by notice in writing, require a person who is the subjectof an investigation under this section, or is a member of the governing body of or anemployee of a registered club that is the subject of such an investigation, to do oneor more of the following things:(a) provide, in accordance with directions in the notice, such information verified

by statutory declaration as, in the opinion of the Director-General, is relevantto the investigation and is specified in the notice,

(b) produce, in accordance with directions in the notice, such records as, in theopinion of the Director-General, are relevant to the investigation and permitexamination of the records, the taking of extracts from them and the makingof copies of them,

(c) authorise a person described in the notice to comply with a requirement of thekind referred to in paragraph (a) or (b),

(d) furnish to the Director-General such authorities and consents as theDirector-General requires for the purpose of enabling the Director-General toobtain information (including financial and other confidential information)from other persons concerning the person under investigation and his or herassociates.

(4) A person who complies with a requirement of a notice under this section does not onthat account incur a liability to another person.

Page 23



(5) A person must not fail to comply with a requirement of the Director-Generalcontained in a notice under subsection (3).Maximum penalty (subsection (5)): 20 penalty units.

36 Conduct of club elections by Electoral Commissioner

(1) In this section:appropriate number of full members, in relation to a club, means such number offull members of that club who are entitled to vote at the annual election of thegoverning body of that club as is equal to 200 or one-tenth of the number of fullmembers of the club so entitled to vote, whichever is the less.Electoral Commissioner means the Electoral Commissioner for New South Walesfor the time being holding office under the Parliamentary Electorates and ElectionsAct 1912.

(2) An order under subsection (5) in respect of a registered club may be made by theAuthority:

(a), (b) (Repealed)(c) upon an application made by a full member referred to in the definition of

appropriate number of full members in subsection (1) if:(i) that application is accompanied by a request in writing for the making

of the order that is signed by at least the appropriate number of fullmembers of the club and shows the names in full or the surnames andthe initials of the given names of the signatories, and

(ii) notice in writing of intention to make the application was given to theclub at least 21 clear days before the application is made.

(d) (Repealed)

(3) (Repealed)

(4) An application purporting to be an application referred to in subsection (2) (c) andaccompanied by a request purporting to be a request so referred to, shall be deemedto be a valid application unless the Authority is satisfied:(a) that the application was not made by a full member referred to in the definition

of appropriate number of full members in subsection (1),(b) that the request:

(i) is not signed by at least the appropriate number of full members of theclub, or

(ii) does not show the names in full or the surnames and initials of the givennames of the signatories, or

(c) that notice of intention to make the application was not given in accordancewith subsection (2) (c) (ii).

(5) The Authority may, upon an application referred to in subsection (2) (c), make anorder that the first election of the governing body of the registered club referred to inthe order to be held after the date of the order be conducted by the ElectoralCommissioner.

(6) Notwithstanding any other provision of this Act, an order made upon an applicationreferred to in subsection (2) (c) is final and conclusive and not subject to appeal.

(7) Where the Authority makes an order under subsection (5), the election referred to inthat subsection shall be conducted by the Electoral Commissioner or by an officerwithin the meaning of the Public Sector Management Act 1988 authorised in writingby the Electoral Commissioner to conduct that election.

Page 24



(7A) The Electoral Commissioner or an officer within the meaning of the Public SectorManagement Act 1988 authorised in writing by the Electoral Commissioner is, onapplication by or on behalf of a registered club to the Electoral Commissioner, toconduct an election of the governing body of the club.

(7B) When an application by or on behalf of a registered club is made under subsection(7A), the applicant is to send written notification of that fact at the same time to theAuthority.

(7C) An application by or on behalf of a registered club for the purposes of subsection(7A) cannot be withdrawn except with the consent of the Electoral Commissioner.

(8) A person conducting an election pursuant to an order made under subsection (5) oran application made under subsection (7A) may, notwithstanding anything containedin the rules of the club to which the order or application relates, take such action andgive such directions as the person considers necessary for or in connection with theconduct of the election or in order to ensure that no irregularities occur in or inconnection with the election or to remedy any procedural defects in the rules of theclub that appear to the person to exist.

(8A) The power to give directions under subsection (8) extends to authorising the givingof directions for the purpose of ensuring that elections are conducted in accordancewith sound and democratic electoral practices and procedures and methods of voting.

(9) An election conducted pursuant to an order made under subsection (5) or anapplication made under subsection (7A) shall not be invalid by reason only of:(a) a breach of the rules of the club to which the order or application relates

involved in an act done in accordance with subsection (8), or(b) an irregularity in observing any of the provisions of subsection (2).

(10) A person shall not:(a) refuse or fail to comply with a direction given under subsection (8), or(b) obstruct or hinder a person conducting an election pursuant to an order made

under subsection (5) or an application made under subsection (7A) or carryingout such a direction.

Maximum penalty: 20 penalty units.

(11) (Repealed)

(12) Where a person conducting an election pursuant to an order made under subsection(5) or an application made under subsection (7A):(a) dies or is unable to complete the conduct of the election, or(b) ceases to be a person qualified to conduct the election,the Electoral Commissioner shall complete the conduct of the election or makearrangements or give directions for the completion of the conduct of the election byanother person who is so qualified.

(13) The expenses of an election conducted pursuant to an order made under subsection(5) or an application made under subsection (7A) shall be paid to the ElectoralCommissioner by the registered club concerned within 1 month after a certificatereferred to in subsection (15) is served on the club and, if not so paid, may berecovered from that club as a debt in any court of competent jurisdiction.

(14) The expenses referred to in subsection (13) do not, in the case of an electionconducted pursuant to an order made under subsection (5), include:(a) the salary or other remuneration of any officer or employee of the State

performing any duty in relation to the election, including any person appointedsolely for the purposes of the election,

Page 25



(b) the cost of travel of such an officer or employee, including any travelling orsimilar allowance, incurred in connection with the performance of any suchduty, or

(c) expenses in connection with the provision or use of premises provided by theState for the purposes of the election, including premises obtained solely forthose purposes.

(15) A certificate signed by the Electoral Commissioner, countersigned by the Ministerand specifying the amount of the expenses required to be paid by a registered club inaccordance with subsection (13) is admissible in any proceedings for the recovery ofthat amount and is conclusive evidence of that amount.

37, 37A (Repealed)

38 Reporting requirements of registered clubs

(1) The regulations may make provision for or with respect to the reporting requirementsof registered clubs (including requirements relating to the financial statements andaccounts 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 thepurposes of subsection (1) to be an excluded matter for the purposes of section 5F ofthe 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 Statelaw declares a matter to be an excluded matter for the purposes of that section in relation toall or part of the Corporations legislation of the Commonwealth, then the provisions that arethe 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) isinconsistent 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 theCo-operatives Act 1992 with which the provision of the regulation isinconsistent.

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

39–40 (Repealed)

41 Registered clubs under official management or receivership or in liquidation

(1) A person is not capable of being appointed to act in the capacity of the administrator,the controller of property, the official manager, the receiver or manager, a member

Page 26



of the committee of management, the liquidator or the special manager of a registeredclub that is a company within the meaning of the Corporations Act 2001 of theCommonwealth or a co-operative registered under the Co-operatives Act 1992 or ofacting in any such capacity unless the person has been:(a) appointed to act in that capacity by the Supreme Court, or(b) approved to act in that capacity by the Authority.


41A Appointment of temporary administrator

(1) Where an appointment referred to in section 41 has not been made but the governingbody of a registered club has, in the opinion of the Authority, ceased to be effectiveas a governing body, the Authority may appoint a person to administer the affairs ofthe club.

(2) A person appointed under subsection (1) has, to the exclusion of any other person orbody of persons, the functions of the governing body of the club until:(a) an appointment referred to in section 41 is made, or(b) the Authority orders otherwise,whichever first occurs.

(3) (Repealed)

Page 27


Registered Clubs Act 1976 No 31 [NSW]Part 4A Accountability of registered clubs

Part 4A Accountability of registered clubs

Division 1 Interpretation

41B Definitions

(1) In this Part:close relative of a person means:(a) a parent, child, brother or sister of the person, or(b) a spouse or de facto partner of the person or of a person referred to in

paragraph (a).Note. “De facto partner” is defined in section 21C of the Interpretation Act 1987.

contract includes commercial arrangement.gift includes money, hospitality or discounts.top executive of a registered club means each of the following:(a) the secretary of the club,(b) a person who is the manager (within the meaning of the Liquor Act 2007) of

any premises of the club,(c) a person who is, or who is of a class, prescribed by the regulations for the

purposes of this definition.

(2) A reference in this Part to a matter being approved by the governing body of aregistered club is a reference to the matter being approved at a meeting of thegoverning body of the registered club at which a majority of the votes cast supportedthe approval.

Division 2 Disclosure of interests of members of governing body and employees of registered clubs

41C Disclosure of interests in contracts

(1) A member of the governing body of a registered club (other than a co-operative) whohas a material personal interest in a matter that relates to the affairs of the registeredclub must, as soon as practicable after the relevant facts have come to the member’sknowledge, declare the nature of the interest at a meeting of the governing body.Maximum penalty: 50 penalty units.

(2) It is a defence to a prosecution for an offence against subsection (1) if the defendantestablishes that:(a) at the time of the alleged offence there were guidelines prescribed by the

regulations and in force under section 41ZC, and(b) those guidelines included provisions to the effect that the material personal

interest concerned was not of a type that was required to be declared under thatsubsection.

(3) The provisions of sections 191 (2) and 192 of the Corporations Act 2001 of theCommonwealth apply to and in respect of a declaration under subsection (1) (withnecessary modifications and as if those provisions were a law of this State) in thesame way as they apply to and in respect of a notice under section 191 (1) of that Act.

41D Declaration of financial interests in hotels

(1) A member of the governing body of a registered club or top executive of a registeredclub who, on or after the commencement of this subsection, acquires a financial

Page 28



interest in respect of a hotel must give a written declaration of that interest to thesecretary of the club within 14 days after acquiring the interest.Maximum penalty: 50 penalty units.

(2) A person who, at the commencement of this subsection, is a member of the governingbody of a registered club or top executive of a registered club and holds a financialinterest in respect of a hotel must give a written declaration of that interest to thesecretary of the club within 14 days after that commencement.Maximum penalty: 50 penalty units.

(3) A person who becomes a member of the governing body of a registered club or topexecutive of a registered club after the commencement of this section and who, at thetime of becoming a member of the governing body or top executive, holds a financialinterest in respect of a hotel must give a written declaration of that interest to thesecretary of the club within 14 days after becoming a member of the governing bodyor top executive.Maximum penalty: 50 penalty units.

(4) Nothing in subsection (2) or (3) requires a person to declare an interest if the personhas already declared the interest and the declaration has been recorded by the club.

(5) This section does not apply to the secretary of a registered club or a person appointedas manager under the Liquor Act 2007 of any premises of a registered club.Note. Section 33A prohibits the secretary or manager of a registered club from holding a hotellicence under the Liquor Act 2007 or acquiring any financial interest in respect of a hotel.

41E Disclosure of gifts and remuneration from affiliated bodies

(1) A member of the governing body of a registered club or a top executive of aregistered club must, in accordance with this section, declare any gift orremuneration received by the member or top executive after the commencement ofthis section from an affiliated body if the value of the gift, or the amount ofremuneration, exceeds $500.Maximum penalty: 50 penalty units.

(2) A declaration under this section in relation to a gift or remuneration must:(a) be in a form approved by the Director-General, and(b) contain the particulars required by the form, and(c) be submitted to the secretary of the registered club concerned within 14 days

of receipt of the gift or remuneration.

(3) It is a defence to a prosecution for an offence against subsection (1) if the defendantestablishes that he or she did not know, and could not reasonably be expected to haveknown, that the body from which the gift or remuneration was received was anaffiliated body.

(4) In this section, a reference to a gift or remuneration received from an affiliated bodyof a registered club is a reference to a gift or remuneration received from a relatedbody corporate within the meaning of the Corporations Act 2001 of theCommonwealth, or any other body, that within the period of 12 months immediatelypreceding the receipt of the gift or remuneration obtained a grant or subsidy from theclub.

(5) In this section and in section 41F, remuneration includes any fee for service.

Page 29



41F Disclosure of gifts and remuneration from persons or organisations with contracts with registered clubs

(1) A member of the governing body of a registered club or an employee of a registeredclub must submit a written return in each year to the club, in accordance with theregulations, declaring any gift or remuneration received by the member or employeefrom a person or organisation that is a party to a contract with the club.Maximum penalty: 50 penalty units.

(2) It is a defence to a prosecution for an offence against subsection (1) if the defendantestablishes that:(a) at the time of the alleged offence there were guidelines prescribed by the

regulations and in force under section 41ZC, and(b) those guidelines included provisions to the effect that the gift or remuneration

concerned was not of a type that was required to be declared in a return underthat subsection.

(3) It is a defence to a prosecution for an offence against subsection (1) if the defendantestablishes that he or she did not know, and could not reasonably be expected to haveknown, that the person or organisation from whom or which the gift or remunerationwas received was a party to a contract with the registered club concerned.

Division 3 41G–41I (Repealed)

Division 4 Contracts with registered club

41J Disposal by club of real property

(1) In this section:core property of a registered club means any real property owned or occupied by theclub that comprises:(a) the premises of the club, or(b) any facility provided by the club for the use of its members and their guests, or(c) any other property declared, by a resolution passed by a majority of the

members present at a general meeting of the ordinary members of the club, tobe core property of the club,

but does not include any property referred to in paragraphs (a)–(c) that is declared,by a resolution passed by a majority of the members present at a general meeting ofthe ordinary members of the club, not to be core property of the club.dispose of property means to sell, lease or licence the property or to otherwise dealwith the property in such manner as may be prescribed by the regulations.non-core property of a registered club means any real property owned or occupiedby the club that is not core property.

(2) The annual report of a registered club must specify the core property and non-coreproperty of the club as at the end of the financial year to which the report relates.

(3) A registered club must not dispose of any core property of the club unless:(a) the property has been valued by a registered valuer within the meaning of the

Valuers Act 2003, and(b) the disposal has been approved at a general meeting of the ordinary members

of the club at which a majority of the votes cast supported the approval, and

Page 30



(c) any sale is by way of public auction or open tender conducted by anindependent real estate agent or auctioneer.

(4) The regulations may create exceptions to this section.

41K Contracts in which member of governing body or top executive has interest

(1) A registered club must not enter into a contract with a member of the governing bodyof the club or a top executive, or with a company or other body in which such amember or top executive has a pecuniary interest, unless the proposed contract is firstapproved by the governing body of the club.

(2) Subsection (1) does not apply to a pecuniary interest if there are guidelines prescribedby the regulations and in force under section 41ZC at the time the relevant contractis entered into that include provisions to the effect that pecuniary interests of the typeconcerned are not pecuniary interests to which that subsection applies.

(3) Before entering into a contract, a registered club must make all reasonable inquiriesto ensure that the provisions of subsection (1) are not contravened.

(4) When making any such inquiries as to whether a party to the proposed contract is oris not a person, company or body referred to in subsection (1), a registered club isentitled to rely on a statutory declaration from the party to the proposed contract (or,in the case of a company or other body that is a party to the proposed contract, fromthe chief executive officer of the company or body) that the party is or is not such aperson, company or body.

(5) This section is subject to sections 41L, 41M and 41N.

41L Contracts with secretary, manager, close relatives and others

(1) A registered club must not enter into a contract with any of the following:(a) the secretary of the club, a manager appointed under the Liquor Act 2007 for

any premises of the club or any other person prescribed by the regulations forthe purposes of this section,

(b) any close relative of a person referred to in paragraph (a),(c) a company or other body in which a person referred to in paragraph (a) or (b)

has a controlling interest.

(2) For the purposes of this section:(a) a person referred to in subsection (1) (a) is taken to have a controlling interest

in a company or body if the person’s interest in the company or body, whenadded to the interest in the company or body held by one or more closerelatives of the person, is a controlling interest in the company or body, and

(b) a close relative of a person referred to in subsection (1) (a) is taken to have acontrolling interest in a company or body if the relative’s interest in thecompany or body, when added to the interest in the company or body held byany other close relative or relatives of the person, is a controlling interest in thecompany or body.

(3) For the purposes of this section, a person has, or persons have, a controlling interestin a company or body if the person has, or persons have, the capacity to determinethe outcome of decisions about the financial and operating policies of the companyor body.

(4) Before entering into a contract, a registered club must make all reasonable inquiriesto ensure that the provisions of subsection (1) are not contravened.

(5) When making any such inquiries as to whether a party to the proposed contract is oris not a person, company or body referred to in subsection (1), a registered club is

Page 31



entitled to rely on a statutory declaration from the party to the proposed contract (or,in the case of a company or other body that is a party to the proposed contract, fromthe chief executive officer of the company or body) that the party is or is not such aperson, company or body.

41M Remuneration of top executives

A registered club must not enter into a contract for the remuneration by the club of atop executive of the club unless the proposed contract has first been approved by thegoverning body of the club.

41N Loans to members of governing body and employees

(1) A registered club must not lend money to a member of the governing body of theclub.

(2) A registered club must not lend money to an employee of the club unless:(a) the amount of the proposed loan (together with the amount of any other loan

to the employee by the club that has not been repaid to the club) is $10,000 orless, and

(b) the proposed loan has first been approved by the governing body of the club.

(3) Subsection (2) (a) does not apply to any amount of money lent to the employee inaccordance with the terms and conditions of the employee’s contract of employmentwith the registered club.

41O Requirements relating to loan contracts and contracts involving the management of clubs by private businesses

(1) In this section:loan contract means a contract under which the core property (within the meaningof section 41J) of a registered club is used as security for a loan of money to the club,but does not include any such contract with a bank, authorised deposit-takinginstitution or person or body (or class of persons or bodies) prescribed by theregulations.management contract means a contract under which a person who is not a memberof the governing body of a registered club, or the secretary or a manager or employeeof a registered club, exercises functions in relation to the management of the businessor affairs of the club.

(2) A registered club must not enter into any loan contract or management contract withany person unless the requirements of this section are complied with.

(3) At least one month (or such other period as may be prescribed by the regulations)before a registered club enters into any proposed loan contract or managementcontract, the club must notify the members of the club of the proposed contract bymeans of a notice:(a) displayed on a notice board on the club’s premises, and(b) published on the club’s website (if any).

(4) Any such notice is to be in a form approved by the Director-General.

(5) At least one month before a registered club enters into any proposed loan contract ormanagement contract, the club must provide the Director-General with a report onthe proposed contract.

(6) Any such report is to be provided in a form approved by the Director-General andcomply with such standards and requirements as the Director-General determines.

Page 32



(7) If the Director-General is of the opinion that the proposed contract does not complywith the requirements of this Act or is not in the interests of the club or its members,the Director-General may, by notice in writing given to the club, direct the club:(a) not to enter into the proposed contract, or(b) to amend the proposed contract in accordance with the Director-General’s

direction before entering into the contract.

(8) If the Director-General is of the opinion that a loan contract or management contractentered into by a registered club does not comply with the requirements of this Actor is not in the interests of the club or its members, the Director-General may, bynotice in writing given to the club, direct the club:(a) to amend the contract, or(b) to terminate the contract,in accordance with the terms of the direction.Note. A direction by the Director-General under subsection (7) or (8) is reviewable by theAuthority under section 36A of the Gaming and Liquor Administration Act 2007.

(9) The need to protect the interests of the club and its members is to be the paramountconsideration in making any decision for the purposes of subsection (7) or (8).

(10) A registered club must comply with a direction given to it by the Director-Generalunder this section.

(11) Any costs incurred by the Director-General in reviewing a report under this sectionare required to be paid by the registered club that provided the report unless theDirector-General determines otherwise. Any such costs that are due to be paid maybe recovered by the Director-General in a court of competent jurisdiction.

41P General provisions

(1) Nothing in this Division (except section 41M), applies to the following:(a) a contract of remuneration of a member of the governing body of a registered

club as such a member,(b) a contract of employment between a registered club and an employee of the

club,(c) honorariums paid to members of the governing body of a registered club or

employees of a registered club.

(2) Nothing in this Division (except section 41O) renders a contract void or illegal.

Division 5 Enforcement provisions

41Q Director-General may apply for orders in relation to disposal of real property owned by registered club

(1) If any real property that is owned or occupied by a registered club is disposed ofotherwise than as provided by section 41J, the Director-General may make anapplication to the Supreme Court for an order in relation to the disposition of theproperty.

(2) In determining an application under subsection (1), the Supreme Court may makesuch of the following orders as it thinks fit if it is of the opinion that the disposal ofthe property has not been generally to the benefit of the members of the registeredclub:(a) an order declaring a contract for the disposal of the property void,(b) where the property had been owned by the club when it was disposed of, an

order directing that the property be transferred back to the registered club,

Page 33



(c) an order directing the payment of an amount or a further amount in relation tothe disposal of the property by the person to whom the club disposed of theproperty or any person who benefited from the disposal of the property,

(d) such other orders as the Supreme Court considers necessary or appropriate inthe circumstances.

(3) The Supreme Court is not to make an order under this section that, in the opinion ofthe Supreme Court:(a) would unfairly and materially prejudice an interest or right of a person who

acted in good faith and with no reasonable grounds to suspect that the disposalof the property concerned was in contravention of this Act, or

(b) would result in the extinguishment of an interest in the property (withoutproper compensation) held by a person who had no knowledge that theproperty had been disposed of in contravention of this Act or no means ofpreventing the disposal of the property.

41R Termination of certain contracts

(1) This section applies in relation to a contract (other than a contract for the disposal ofreal property owned or occupied by a registered club) entered into by a registeredclub in contravention of a provision of Division 4.

(2) If the Director-General is of the opinion that a contract is a contract to which thissection applies, the Director-General may serve on each party to the contract a noticein writing affording the party an opportunity to show cause within 14 days why thecontract should not be terminated.

(3) The notice is to specify the provision of Division 4 that the Director-Generalconsiders has been contravened or the term or condition of the contract that theDirector-General considers is not being, or has not been, complied with.

(4) A party to the contract may, within the period specified in the notice, arrange withthe Director-General for the making of submissions as to why the contract should notbe terminated.

(5) After considering any submissions so made, the Director-General may, by notice inwriting served on each party to the contract, declare that the contract will beterminated on a day specified in the notice.

(6) A contract the subject of a notice under subsection (5) is terminated by force of thissection at and from the date specified in the notice for the termination of the contract.

(7) The Director-General is not to issue a notice under subsection (5) if theDirector-General considers that the registered club concerned may be affectedadversely by the termination of the contract.

(8) The Director-General may take action under this section in relation to a contractwhether or not proceedings have been instituted against any person with respect tothe purported contravention of Division 4, or purported failure to comply with a termor condition of the contract, that the Director-General believes is the ground fortaking the action.

(9) This section extends to a contract entered into by a registered club before thecommencement of this section if the club would have contravened a provision ofDivision 4 by entering into the contract after that commencement and so extends asif the contract was entered into in contravention of the provision.

41S Section 41S Effect of termination or amendment of contract

(1) If a contract is terminated under section 41O (8) or in accordance with this Division:

Page 34



(a) the termination does not affect a right acquired, or a liability incurred, beforethat termination by a person who was a party to the contract, as a result of theperformance before that termination of any obligation imposed by thecontract, and

(b) no liability for breach of contract is incurred by a person who was a party tothe contract by reason only of that termination, and

(c) neither the Crown nor the Director-General incurs any liability by reason ofthat termination.

(2) Subsection (1) extends to a contract that is amended under section 41O (8), andaccordingly a reference in subsection (1) to the termination of a contract includes areference to a contract that is so amended.

41T Offence of giving effect to terminated contract

Subject to section 41S (a), a party to a contract terminated under section 41O (8) orin accordance with this Division must not give any further effect to any part of thecontract.Maximum penalty: 20 penalty units.

41U Notification to top executives and defence

(1) When a person becomes a top executive of a registered club, the registered club must,as soon as practicable, give written notice to the person informing the person that heor she is a top executive and has responsibilities under this Part.

(2) It is a defence to a prosecution for an offence against section 41D or 41E (1) inrespect of a person who is a top executive of a registered club if the person establishesthat at the time the offence was committed:(a) the person had not received a notice under subsection (1) from the club, and(b) the person could not reasonably have been expected to know that he or she was

a top executive of the club without having received such a notice.

41V Offences by secretary and members of governing body of registered club in relation to contracts

If a registered club contravenes, whether by act or omission, any provision ofDivision 4 or section 41U (1), the club is not guilty of an offence but each person whois the secretary of the club, a member of the governing body of the club or a closeassociate of the club is guilty of an offence punishable on conviction by a maximumpenalty of 100 penalty units unless the person satisfies the court that:(a) the club contravened the provision without the knowledge actual, imputed or

constructive of the person, or(b) the person was not in a position to influence the conduct of the club in relation

to its contravention of the provision, or(c) the person, if in such a position, used all due diligence to prevent the

contravention by the club.

Division 6 41W–41ZA (Repealed)

Division 7 Ancillary provisions

41ZB Regulations for purposes of Part

The regulations may make provision for or with respect to the following:

Page 35


Registered Clubs Act 1976 No 31 [NSW]Part 5 Accountability of registered clubs

(a) the period to which a return under section 41F is to relate and the form andmanner of making any such return,

(b) the method of determining the value of a gift, or the amount of remuneration,for the purposes of Division 2,

(b1) the keeping by the secretary of a registered club of a register of disclosures,declarations and returns made to the club under Division 2 (includingdeclarations recorded as referred to in section 41D (4)),

(c) exemptions from any of the provisions of this Part.

41ZC Guidelines

(1) The regulations may prescribe guidelines for or with respect to determining whatconstitutes an interest to be declared under section 41C (1), a gift to be disclosedunder section 41F (1) or a pecuniary interest to which section 41K (1) applies.

(2) The Minister is to ensure that consultation with the registered clubs industry isundertaken when any proposals for prescribing guidelines referred to in this sectionare being developed.

Part 5 42–42C (Repealed)

Page 36


Registered Clubs Act 1976 No 31 [NSW]Part 6 Offences in relation to clubs

Part 6 Offences in relation to clubs

43 (Repealed)

43A Offer of inducement for purchase or provision of goods or services

(1) A person who provides, or offers to provide, or causes to be provided or offered, toa registered club or any other person any benefit or advantage as the whole or a partof the consideration for the purchase by, or provision to, the club of goods or servicesis guilty of an offence unless the benefit or advantage:(a) is to be received by the club and comprises money or money’s worth

(including any trade-ins) that is clearly set out in a written agreement forpurchase or provision of the goods or services, or

(b) is clearly set out in a written agreement and comprises reasonable training ofa member of the staff of the club in the operation or maintenance of approvedgaming machines.


(2) A person who provides, or offers to provide, or causes to be provided or offered, toa registered club a benefit or advantage for use by a person, or by more than oneperson individually, is guilty of an offence unless:(a) the benefit or advantage is openly and generally available to all clubs or other

persons or to those of a specified class or specified classes, and(b) the benefit or advantage is predominantly educational and relates to a specific

and genuine course of study, and(c) the benefit or advantage would be of significant assistance to the club, and(d) the person making the offer does not, in making the offer or before a decision

on the offer is made by the club, select a person to benefit from the offer ormake any representations in relation to, or take part in, the selection of such aperson, and

(e) the person making the offer does not, if the offer is accepted, select any personto receive the benefit or advantage, or take part in the selection of such aperson, or make any representations in relation to the selection of such aperson.


(3) A registered club or other person is guilty of an offence if the club or other person:(a) accepts or agrees to accept a benefit, advantage or offer the provision or

making of which is an offence under this section, or(b) seeks a benefit, advantage or offer the provision or making of which would be

an offence under this section.Maximum penalty: 100 penalty units.

44–44D (Repealed)

45 Unauthorised persons using club premises

(1) If, on any day, a person uses any of the accommodation, facilities or amenitiesprovided on the premises of a registered club and:(a) is not a member of the club, or a guest of such a member, or

(a1) is not an honorary member of the club as referred to in section 30A, or(b) is a temporary member of the club (other than a temporary member referred to

in section 30B) and the particulars required by section 31 (1) (e) have not been

Page 37



entered on that day in the register of temporary members kept by the club inaccordance with the rule of the club referred to in section 30 (2) (m), or

(b1) is a temporary member of the club (as referred to in section 30B) and theparticulars required by section 31 (1) (f) have not been entered in the registerof temporary members kept by the club in accordance with the rule of the clubreferred to in section 30 (2) (n), or

(c) is not attending a function in accordance with a club functions authorisationunder section 23,

the person, the club and the secretary of the club are each guilty of an offence.Maximum penalty: 10 penalty units.

(2) It is a defence to a prosecution for an offence under subsection (1) (a) committed bya registered club or its secretary if it is proved that all reasonable steps were taken toprevent persons other than members and guests of members from using theaccommodation, facilities and amenities provided on the premises of the club.

(2A) It is a defence to a prosecution for an offence under subsection (1) (a1) or (b)committed by a registered club or its secretary if it is proved that all reasonable stepswere taken in endeavouring to prevent commission of such an offence.

(3) It is a sufficient defence to a prosecution of a person for an offence under subsection(1) if it is proved that the person to whom the offence relates was an apprentice ortrainee, within the meaning of the Apprenticeship and Traineeship Act 2001, whenthe offence was committed and that that person used the accommodation, facilitiesor amenities referred to in the information for the offence in the course of carryingout work on the accommodation, facilities or amenities and for the purpose only ofreceiving trade training as such an apprentice or trainee.

45A Minors’ names not to be entered in guests’ register

A person who makes an entry relating to a guest under the age of 18 years in theregister kept for the purposes of section 30 (2) (k) is guilty of an offence and liableto a penalty not exceeding 10 penalty units.

46 (Repealed)

47 Offences against rules

If any rule, being a rule referred to in section 30 (1), (2) or (2A) (except section 30(2) (g) or (h)) of a registered club is broken:(a) the registered club, and(b) if it is a rule referred to in section 30 (2) or (2A), the secretary of the registered

club,are each guilty of an offence and liable to a penalty, in the case of the registered club,not exceeding 10 penalty units and, in the case of the secretary, not exceeding 5penalty units.

48, 48A (Repealed)

49 Amendment of rules of club

A registered club must, within one month after amending its rules, lodge with theDirector-General, in electronic form or in such other manner as may be approved bythe Director-General, a copy of all the rules of the club (other than the rules containedin section 30 (1) and (2)) and of the amendments certified as correct by the secretaryof the club.Maximum penalty: 5 penalty units.

Page 38



50, 50A (Repealed)

50B Display of notices

(1) (Repealed)

(2) If there is not kept continuously displayed in a conspicuous place in the vicinity ofthe place where the register is kept for the purposes of section 30 (2) (k) a notice,complying with the requirements, if any, prescribed for the purposes of thissubsection and containing such particulars as may be so prescribed, with respect tothe obligations of members in relation to their guests who are under the age of 18years:(a) the registered club, and(b) the secretary of the registered club,are each guilty of an offence and liable to a penalty not exceeding 20 penalty units.

(3) It is a defence to a prosecution of a registered club, or of the secretary of the club, foran offence under this section if it is proved that:(a) the secretary of the club had taken all reasonable precautions to avoid

commission of the alleged offence, and(b) at the time of the alleged offence the secretary of the club did not know, and

could not reasonably be expected to have known, that the alleged offence hadbeen committed.

51–55 (Repealed)

56 General defence available to secretary of registered club

(1) Except as provided by subsection (2), it is a sufficient defence to a prosecution of asecretary of a registered club for an offence under this Part if it is proved that:(a) the secretary had taken all reasonable precautions to avoid commission of the

alleged offence, and(b) at the time of the alleged offence the secretary did not know, and could not

reasonably be expected to have known, that the alleged offence had beencommitted.

(2) Subsection (1) does not apply to any other offence under this Part in respect of whicha defence is specifically available to the secretary of a registered club.

57–57D (Repealed)

Page 39


Registered Clubs Act 1976 No 31 [NSW]Part 6A Disciplinary action

Part 6A Disciplinary actionNote. Disciplinary action may also be taken against a registered club under Part 9 of the Liquor Act 2007 inits capacity as a licensee under that Act.

57E Interpretation

(1) In this Part:(a) a reference to a secretary of a registered club includes a reference to a person

who was the secretary of the club, and(b) a reference to a member of the governing body of a registered club includes a

reference to a person who was a member of the governing body of anyregistered club.

(2) Without limiting the grounds on which disciplinary action may be taken under thisPart, the grounds for taking any such action may relate to conduct occurring beforethe commencement of this Part.

57F Grounds for making complaint

(1) A complaint in relation to a registered club may be made to the Authority by any ofthe following (referred to in this Part as the complainant):(a) the Director-General,(b) the Commissioner of Police,(c) a person authorised by the regulations to make a complaint under this Part.

(2) A complaint must be in writing and specify the grounds on which it is made.

(3) Disciplinary action may be taken by the Authority against a registered club on anyone or more of the following grounds:(a) that the requirements specified in section 10 (1) are not being met, or have not

been met, by or in relation to the club,(b) that the supply of liquor to the club, or on the premises of the club, has not been

under the control of the governing body of the club,(c) that the club or the secretary of the club has contravened a condition to which

any of the following authorisations held by the club is subject:(i) a non-restricted area authorisation under section 22,

(ii) a junior members authorisation under section 22A,(iii) a club functions authorisation under section 23,

(d) that the club has contravened a provision of this Act, whether or not it has beenconvicted of an offence in respect of that contravention,

(e) that a rule of the club referred to in section 30 (1) has been broken or any otherrule of the club has been habitually broken,

(f) that the club has been conducted, or the premises of the club have beenhabitually used, for an unlawful purpose,

(g) that the secretary of the club or any member of the governing body of the clubis not a fit and proper person to act as such,

(h) that a requirement of the Director-General made under this Act in relation tothe investigation of the secretary of the club or any member of the governingbody of the club has not been complied with,

(i) that the club has ceased to exist,(j) any other ground that the complainant considers appropriate for the taking of

disciplinary action against the club.

Page 40



57G Procedure for taking disciplinary action

(1) If a complaint in relation to a registered club is made under this Part, the Authoritymust, before taking any disciplinary action against the club, notify the registered clubin writing of the grounds on which the Authority is proposing to take disciplinaryaction.

(2) Any such notice is to invite the registered club to show cause, by way of a writtensubmission, as to why the Authority should not take disciplinary action against theclub.

(3) The Authority may specify:(a) the time within which a submission under this section may be made, and(b) any other requirements that must be complied with in relation to the making

of any such submission.

(4) If any written submission is made in accordance with this section, the Authority musttake the submission into consideration in deciding whether or not to take disciplinaryaction against the registered club concerned.

57H Disciplinary powers of Authority

(1) The Authority may deal with and determine a complaint that is made to it under thisPart.

(2) If the Authority is satisfied that any of the grounds on which the complaint was madeapply in relation to the registered club or a person who is the secretary or member ofthe governing body of the club, the Authority may decide not to take any action ormay decide to do any one or more of the following:(a) order the club to pay a monetary penalty not exceeding 2,500 penalty units

within such time as is specified in the order,(b) suspend the club’s licence for such period as the Authority thinks fit,(c) cancel the club’s licence,(d) suspend or cancel any authorisation held by the registered club under this Act,(e) impose a condition on the club’s licence or on any authorisation held by the

club under this Act,(f) remove from office the secretary of the club or a member of the governing

body of the club,(g) declare that a specified person is, for such period (not exceeding 3 years) as is

specified by the Authority, ineligible to stand for election or to be appointedto, or to hold office in, the position of secretary or member of the governingbody (or both of those positions) of:(i) the club, and

(ii) if the Authority so determines—all other registered clubs or such otherregistered clubs as are specified (or as are of a class specified) by theAuthority,

(h) appoint a person to administer the affairs of the club who, on appointment anduntil the Authority orders otherwise, has, to the exclusion of any other personor body of persons, the functions of the governing body of the club,

(i) order the registered club to pay the amount of any costs incurred by:(i) the Director-General in carrying out any investigation or inquiry under

section 35A in relation to the club, or(ii) by the Authority in connection with the taking of disciplinary action

against the club or any other person under this section.

Page 41



57I Procedure for implementing disciplinary action

(1) If the Authority decides to take disciplinary action under section 57H against aregistered club or against the secretary or a member of the governing body of aregistered club, the Authority is required to serve on the club or the person a noticeinforming the club or the person of the Authority’s decision.

(2) The notice must include the reasons for the Authority’s decision.

(3) The disciplinary action specified in the notice takes effect when notice of it is givenor on a later date specified in the notice.

(4) The Authority may, by serving a further notice on the registered club or personconcerned, cancel a notice under this section before the notice takes effect.

(5) The Authority is not prevented from taking disciplinary action under this Part merelybecause the registered club, or the secretary or member of the governing body of theregistered club concerned, as the case requires, is subject to criminal or civilproceedings that relate to the same matters or incident to which the disciplinaryaction relates.

57J Declarations concerning ineligibility of persons to be secretary or member of governing body

(1) This section applies to the power of the Authority to make a declaration under section57H (2) (g) in relation to a person who is the secretary or a member of the governingbody of a registered club.

(2) The Authority must not make a declaration in relation to such a person unless:(a) it is satisfied that the person was the secretary of the club or a member of the

governing body of the club at a relevant time or was materially involved in themanagement of the affairs of the registered club at a relevant time, and

(b) the person has been given an opportunity to show cause why the declarationshould not be made.

(3) The Authority may make a declaration in relation to a person regardless of whetherthe Authority is dealing with the matter on the ground that the person is not a fit andproper person to act as the secretary or a member of the governing body of theregistered club.

(4) If the Authority makes a declaration in relation to a person, the position of the personas the secretary or a member of the governing body of any registered club to whichthe declaration relates immediately becomes vacant.

(5) A person must not, during the period for which the person is declared ineligible fora position, stand for election or accept appointment to, or hold office in, that position.Maximum penalty: 10 penalty units.

(6) Despite any other law, if the Authority makes a declaration in relation to a person,the person is not, in consequence of the declaration or of anything done to give effectto the declaration, entitled to compensation or damages from the club of which he orshe was the secretary or a member of the governing body, unless the Authorityspecifies in the declaration that the declaration does not affect the rights, if any, ofthe person to compensation or damages from the club.

(7) A vacancy in the position of a member of the governing body of a registered clubresulting from a declaration may be filled as a casual vacancy.

57K Requirement for legal member of Authority to be present

The Authority cannot determine any complaint made to it under this Part (includingany decision to take any disciplinary action) unless a member of the Authority who

Page 42


Registered Clubs Act 1976 No 31 [NSW]Parts 7, 7A Disciplinary action

is or has been a Judge, or who has been an Australian lawyer for at least 7 years, ispresent at the meeting of the Authority (or the committee of the Authority) at whichthe complaint is determined or the decision to take the action is made.

57L Review by ADT of decision by Authority under this Part

(1) An application for the review of a decision by the Authority in relation to a complaintunder this Part may be made to the Administrative Decisions Tribunal.

(2) An application for such a review may be made by:(a) the registered club or person against whom any disciplinary action is taken by

the Authority in relation to the complaint, or(b) the complainant.

(3) Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997 does not applyto an application to the Administrative Decisions Tribunal for a review of a decisionby the Authority under this Part.

Parts 7, 7A 59–59D (Repealed)

Page 43


Registered Clubs Act 1976 No 31 [NSW]Part 8 Criminal proceedings and related matters

Part 8 Criminal proceedings and related matters

60–62 (Repealed)

63 Evidentiary provisions

(1) In any proceedings for an offence under this Act or the regulations, any one or moreof the following allegations (however expressed) is evidence of the truth of theallegation unless the contrary is proved:(a) that a specified club is or was a registered club,(b) that a specified person is or was the secretary of a registered club,(c) that a specified person is the Director-General,(d) that a specified person is a delegate of the Minister, or of the Commissioner of

Police, or of the Director-General, to whom a specified function has beendelegated under section 6A,

(e) that a specified person is an inspector.

(2) In any proceedings for an offence under this Act or the regulations, an allegation that,at a specified time, a person was under the age of 18 years is evidence of the truth ofthe allegation unless the defendant denies the allegation in the manner prescribed bythe regulations.

63A, 64 (Repealed)

65 Proceedings for offences

(1) Proceedings for an offence under this Act or the regulations are to be dealt withsummarily before the Local Court.

(2) Except as provided by subsection (3), proceedings for an offence under this Act orthe regulations may be commenced within but not later than 12 months after the dateon which the offence is alleged to have been committed.

(3) Proceedings for an offence under section 32, 34, 43A, 45, 45A, 47 or 49 may becommenced within but not later than 3 years after the date on which the offence isalleged to have been committed.

65A Additional penalties may be imposed by court

In addition to any other penalty that a court may impose for an offence committed bya registered club under this Act or the regulations, the court may, if it thinks itappropriate, do any one or more of the following:(a) cancel or suspend the club licence held by the club,(b) cancel or suspend:

(i) a non-restricted area authorisation held by the club under section 22, or(ii) a junior members authorisation held by the club under section 22A, or

(iii) a club functions authorisation held by the club under section 23,(c) subject the club licence, or any such authorisation, to a specified condition,(d) declare that each person specified in the declaration is, for such period as is

specified in the declaration, ineligible to stand for election or to be appointedto, or to hold office in, the position of secretary or member of the governingbody (or both of those positions) of:(i) the club, and

Page 44


Registered Clubs Act 1976 No 31 [NSW]Part 8 Criminal proceedings and related matters

(ii) if the court so declares—all other registered clubs or such otherregistered clubs as are specified or as are of a class specified in thedeclaration.

65B (Repealed)

66 Penalty notices

(1) An authorised officer may serve a penalty notice on a person (including a registeredclub) if it appears to the officer that the person has committed an offence against thisAct or the regulations and the offence is one that is stated by the regulations to be anoffence to which this section applies.

(2) A penalty notice is a notice to the effect that, if the person served does not wish tohave the matter determined by a court, the person may pay within a time and to aperson specified in the notice the amount of penalty prescribed by the regulations forthe offence if dealt with under this section.

(3) A penalty notice may be served personally or by post.

(4) If the amount of penalty prescribed for the purposes of this section for an allegedoffence is paid under this section, no person is liable to any further proceedings forthe alleged offence except in relation to the taking of any disciplinary action underPart 6A.

(5) Payment under this section is not to be regarded as an admission of liability for thepurpose of, nor in any way affect or prejudice, any civil proceeding arising out of thesame occurrence.

(6) However, when a penalty is paid under this section in respect of a penalty noticeserved on a person, the person is for the purposes of Part 6A taken to have beenconvicted of the offence to which the penalty notice related.

(7) The regulations may:(a) prescribe an offence for the purposes of this section by specifying the offence

or by referring to the provision creating the offence, and(b) prescribe the amount of penalty payable for the offence if dealt with under this

section, and(c) prescribe different amounts of penalties for different offences or classes of

offences.

(8) The amount of a penalty prescribed under this section for an offence must not exceedthe maximum amount of penalty which could be imposed for the offence by a court.

(9) This section does not limit the operation of any other provision of, or made under,this or any other Act relating to proceedings that may be taken in respect of offences.

(10) In this section:authorised officer means a police officer or an inspector.

66A (Repealed)

Page 45


Registered Clubs Act 1976 No 31 [NSW]Part 9 Miscellaneous

Part 9 Miscellaneous

67 Power to demand particulars from certain persons on club premises

(1) (Repealed)

(2) A member of the governing body or of any committee of a registered club or anemployee of a registered club may:(a) (Repealed)(b) where the club is a club to which section 30 (2) (k) applies, demand from any

person who enters or is on the premises of the club and who that member oremployee suspects on reasonable grounds is not:(i) a member of the club, or a minor who is the guest of a member, or

(ii) a guest of a member of the club particulars of whom (referred to insection 31 (1) (c)) have been entered in the register kept for the purposesof section 30 (2) (k),

particulars of the correct name and address of that person, or(c) where the club is not a club to which section 30 (2) (k) applies, demand from

any person who enters or is on the premises of the club and who that memberor employee suspects on reasonable grounds is not a member of the club or aguest of a member of the club:(i) particulars of the correct name and address of that person,

(ii) particulars as to whether that person is or is not a member of the club ora guest of a member of the club, and

(iii) where that person claims to be a guest of a member of the club,particulars of the name of that member.

(3) A member of the police force may demand:(a) (Repealed)(b) from any person who enters or is on the premises of any registered club (being

a club to which section 30 (2) (k) applies) and who that member suspects onreasonable grounds is not:(i) a member of the club, or a minor who is the guest of a member, or

(ii) a guest of a member of the club particulars of whom (referred to insection 31 (1) (c)) have been entered in the register kept for the purposesof section 30 (2) (k),

particulars of the correct name and address of that person, or(c) from any person who enters or is on the premises of any registered club (not

being a club to which section 30 (2) (k) applies) and who that member suspectson reasonable grounds is not a member of the club or a guest of a member ofthe club:(i) particulars of the correct name and address of that person,

(ii) particulars as to whether that person is or is not a member of the club ora guest of a member of the club, and

(iii) where that person claims to be a guest of a member of the club,particulars of the name of that member.

(4) If a member of the governing body or of a committee of a registered club, anemployee of a registered club or a member of the police force, by whom a demandhas been made under subsection (2) or (3), believes on reasonable grounds that anyparticular given by the person on whom the demand was made is false he or she mayrequire that person to produce evidence of the correctness of that particular.

Page 46



(5) If a person on whom a demand is made under subsection (3) refuses or fails to statethe particulars demanded or, without reasonable cause, to produce evidence referredto in subsection (4), the member of the police force by whom the demand was mademay without any warrant apprehend that person forthwith and where he or she doesso shall bring that person before a Magistrate or an authorised officer within themeaning of the Criminal Procedure Act 1986 as soon as practicable to be dealt withaccording to law.

(6) A person on whom a demand is made under subsection (2) or (3) shall not:(a) refuse or fail to state to the person by whom the demand is made, the

particulars demanded of him or her.(b) (Repealed)Maximum penalty (subsection (6)): 10 penalty units.

67A–70 (Repealed)

70A Additional functions of Authority

In addition to the functions conferred on it by this Act, the Authority:(a) shall keep under constant review the operation of this Act and make such

recommendations to the Minister in relation thereto as it thinks fit,(b) shall, upon being directed by the Minister so to do, inquire into, and make a

report and recommendations to the Minister upon, any matter connected withthe administration of this Act,

(c) shall keep under constant review the standard of the premises of registeredclubs,

(d) may receive submissions or reports from any person with respect to theoperation of this Act, and

(e) may impose conditions with respect to any matter that relates to its functionsunder this Act and revoke or vary any such condition.

70B (Repealed)

71 Service of notices

(1) Any notice or other instrument to be served on a registered club under this Act maybe served by leaving it with the secretary of the club, a member of the governing bodyor of a committee of the club or a person who is apparently an employee of the clubat the premises of the club or by affixing it to a conspicuous part of the premises ofthe club.

(2) A notice or other instrument required or permitted to be served under this Act by postis taken to have been properly addressed for the purpose of its service by post ifaddressed to the person to whom it is directed at any of the following addresses:(a) the address of the premises of the registered club (in the case of service on the

club),(b) the address of the place at which the person resides, as last known to the

Authority,(c) the address of a place at which the person carries on business, as last known to

the Authority.

(3) The provisions of this section operate in addition to and do not derogate from theoperation of a provision of any other law relating to service (such as section 109X ofthe Corporations Act 2001 of the Commonwealth in respect of a registered club thatis a company within the meaning of that Act).

Page 47



71A Date of payment by direct deposit

A payment made to the Authority or the Chief Commissioner for the purposes of thisAct or the Gaming Machine Tax Act 2001 by means of payment to a bank, buildingsociety or credit union for direct deposit to the credit of the Authority or the ChiefCommissioner is taken to have been paid to the Authority or the ChiefCommissioner, as the case may be, on the date of payment to that bank, buildingsociety or credit union.

72 Special provisions relating to Sydney Cricket Ground Club and Newcastle International Sports Centre Club

(1) In this section club means the Sydney Cricket Ground Club and the club referred toin clause 9 of Schedule 5 to the Sporting Venues Authorities Act 2008.

(2) Notwithstanding any other provision of this Act, the Governor may, by order andsubject to such conditions as he or she thinks fit:(a) (Repealed)(b) from time to time exempt a club or the governing body, secretary or members

of a club from any of the provisions of this Act otherwise applicable in respectof the club or the governing body, secretary or members of the club.


(7) Nothing in this section affects the operation of any other provision of this Actexpressly exempting a club from any such provision.

(8), (9) (Repealed)

72A Expenses of administration

(1) The expenses of and incidental to the administration of the affairs of a registered clubby a person appointed under this Act are payable by the club.

(2) The remuneration of a person so appointed is an expense referred to in subsection (1)and is to be fixed by the Authority.

72B Liability for losses incurred during administration

(1) A person appointed by the Authority to administer the affairs of a registered club isnot liable for any loss incurred by the club during the person’s term of office unlessthe loss was attributable to the person’s:(a) wilful misconduct, or(b) gross negligence, or(c) wilful failure to comply with any provision of this Act or the regulations or the

constitution of the club (in so far as that provision of the constitution isapplicable to the members of the governing body of the club).

(2) Neither the Crown nor the Minister is liable for any loss incurred by a registered clubduring the term of office of a person appointed under this Act to administer the affairsof the club, whether or not the person is so liable.

72C (Repealed)

73 Regulations

(1) The Governor may make regulations not inconsistent with this Act for or with respectto any matter that by this Act is required or permitted to be prescribed or that isnecessary or convenient to be prescribed for carrying out or giving effect to this Actand, in particular, for or with respect to the following:

Page 48



(a)–(d) (Repealed)(e) the making of and the procedure with respect to applications under this Act,(f) the exhibition of notices in connection with applications under this Act,(g) (Repealed)(h) the fees in respect of any application under this Act,(i) the accommodation in registered clubs,(j) the particulars to be furnished by registered clubs,(k) (Repealed)(l) the duties and functions of a registered club,

(m) requiring members of the governing bodies of registered clubs, secretaries ofclubs or persons appointed under the Liquor Act 2007 as managers of clubpremises to undergo training courses relating to financial management andother matters that are relevant to their functions,

(n) any matter relating to the conduct of an election of the members of thegoverning body of a registered club, and recommended minimum levels ofemoluments payable to such members,

(o) the amalgamation of registered clubs under Division 1A of Part 2 and thede-amalgamation of amalgamated clubs under Division 1B of Part 2.

(p)–(y) (Repealed)

(1A), (2) (Repealed)

(2A) The regulations may provide that the form to be used for a particular purpose is to bethe form approved for the purpose by the Authority.

(2B) A regulation may apply, adopt or incorporate any publication as in force from timeto time.

(3) A regulation may impose a penalty not exceeding 50 penalty units for acontravention of the regulation.

73A Age of members of governing body of club

(1) A person may become or be a member of the governing body of a registered clubeven if the person is of or above the age of 72 years.

(2) Subsection (1) has effect despite any other Act or law.

(3) The maximum age of a member of the governing body of a registered club is declaredto be an excluded matter for the purposes of section 5F of the Corporations Act 2001of the Commonwealth in relation to section 201C of that Act.Note. This subsection ensures that section 201C (Directors of public companies, orsubsidiaries, over 72) of the Corporations Act 2001 of the Commonwealth will not apply inrelation to the matter referred to in the subsection. Section 5F of the Corporations Act 2001 ofthe Commonwealth provides that if a State law declares a matter to be an excluded matter inrelation to specified provision of that Act, then that provision will not apply in relation to thatmatter in the State concerned.

74, 75 (Repealed)

76 Transitional provisions

Schedule 2 has effect.

76AA, 76A (Repealed)

Page 49


Registered Clubs Act 1976 No 31 [NSW]Parts 10–12 Miscellaneous

Parts 10–12 77–153 (Repealed)

Page 50


Registered Clubs Act 1976 No 31 [NSW]

Schedule 1 (Repealed)

Page 51


Registered Clubs Act 1976 No 31 [NSW]Schedule 2 Savings, transitional and other provisions

Schedule 2 Savings, transitional and other provisions

(Section 76)

Part 1A Preliminary

1A Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequenton the enactment of the following Acts:Registered Clubs (Liquor) Amendment Act 1982Registered Clubs (Amendment) Act 1986Registered Clubs (Amendment) Act 1993Registered Clubs (Taxation) Amendment Act 1993Registered Clubs (Amendment) Act 1994Registered Clubs Amendment Act 1995Liquor and Registered Clubs Legislation Amendment (Minors’ Entertainment) Act1996Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996Liquor and Registered Clubs Legislation Further Amendment Act 1996Registered Clubs and Liquor Legislation Amendment Act 1997Liquor and Registered Clubs Legislation Amendment Act 1997Liquor and Registered Clubs Legislation Amendment (Monitoring and Links) Act1997Liquor and Registered Clubs Legislation Amendment (Community Partnership) Act1998Liquor and Registered Clubs Legislation Further Amendment Act 1999Intergovernmental Agreement Implementation (GST) Act 2000Liquor and Registered Clubs Legislation Amendment Act 2000Gaming Machine Tax Act 2001Liquor and Registered Clubs Legislation Amendment Act 2001Liquor and Registered Clubs Legislation Further Amendment Act 2001Gaming Machines Act 2001, to the extent that it amends this ActGaming Machines Further Amendment Act 2002, to the extent that it amends this ActRegistered Clubs Amendment Act 2003Registered Clubs Amendment Act 2006Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007, to the extentthat it amends this ActLiquor and Registered Clubs Legislation Amendment Act 2009, to the extent that itamends this ActClubs, Liquor and Gaming Machines Legislation Amendment Act 2011, to the extentthat it amends this Act

(2) A provision referred to in subclause (1) may, if the regulations so provide, take effectfrom the date of assent to the Act concerned or a later date.

Page 52



(3) To the extent to which a provision referred to in subclause (1) takes effect from a datethat is earlier than the date of its publication in the Gazette, the provision does notoperate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an

authority of the State), the rights of that person existing before the date of itspublication, or

(b) to impose liabilities on any person (other than the State or an authority of theState) in respect of anything done, or omitted to be done, before the date of itspublication.

Part 1 Provisions relating to repeal of Liquor Act 1912

1 In this Schedule, the previous Act means the Liquor Act 1912.

2 (1) Any application or conditional application, or proceedings on any application orconditional application, under a provision of the previous Act, being an applicationor conditional application or proceedings that had been lodged or commenced buthad not been finally dealt with or completed before the commencement of this Act,may be pursued, continued, dealt with, heard and determined, adjudicated upon andcompleted under the corresponding provision of this Act.

(2) Any complaint under section 148 of the previous Act made before thecommencement of this Act, the matter of which complaint had not been heard anddetermined, adjudicated upon and completed by the licensing court before thatcommencement, may be so heard and determined, adjudicated upon and completedin all respects as if this Act had not been enacted except that the determination of thelicensing court on the matter of the complaint shall be a determination referred to insection 17 (2) and shall be subject to appeal under the provisions of this Act as if itwere an adjudication of the licensing court in respect of a complaint under section 17(1).

(3) Any complaint under section 148A of the previous Act made before thecommencement of this Act or proceedings on such a complaint, the matter of whichcomplaint had not been heard and determined, adjudicated upon and completed bythe licensing court before that commencement, may be so heard and determined,adjudicated upon and completed under section 35.

(4) An adjudication of the licensing court that was made under a provision of theprevious Act and against which an appeal could, but for the amendments made bysection 74 (1) and Part 1 of Schedule 1, have been lodged under the previous Actbefore the commencement of this Act is subject to appeal under the provisions of thisAct as if it were an adjudication under the provision of this Act that corresponds tothat provision of the previous Act.

3 A certificate of registration under the previous Act in force immediately before thecommencement of this Act shall be deemed to be a certificate of registration issuedand in force under this Act.

4 The grant of a conditional application under section 136A, or the conditional grantof an order under section 145 (2), of the previous Act, being a grant of such anapplication or being such an order in force immediately before the commencementof this Act, shall respectively be deemed to be grants of conditional applicationsunder section 18.

5 A permission granted under section 145A of the previous Act and in forceimmediately before the commencement of this Act shall be deemed to be an authoritygranted under section 20.

Page 53



6 An order under section 145 (3) of the previous Act in force immediately before thecommencement of this Act shall be deemed to be an authority granted under section21.

7 A permission granted to a registered club under section 51B of the previous Act andin force immediately before the commencement of this Act shall be deemed to be anauthority granted under section 22.

8 A permission granted under section 139A of the previous Act and in forceimmediately before the commencement of this Act shall be deemed to be an authoritygranted under section 23.

9 Where the certificate of registration of a club under the previous Act was, at thecommencement of this Act, suspended, that club shall, until the suspension wouldbut for the amendments effected by section 74 (1) and Part 1 of Schedule 1 haveexpired, be deemed to be disqualified from holding a certificate of registration.

10 A declaration made under section 148A (4) (a) or (b) of the previous Act shall havethe same effect as if it were a declaration under section 35 (4) (a) or (b), as the casemay be.

11 (1) For the purposes of this Act, in respect of a club in respect of which a certificate ofregistration under the previous Act, in force immediately before the commencementof this Act, was held:(a) the premises of that club are the premises in respect of which that certificate

of registration was held until other premises are, under subclause (2) (a) orsection 5 (1) (a), defined or described as the premises of the club, and

(b) the defined premises of that club are:(i) except as provided in subparagraph (ii)—the premises of that club in

respect of which that certificate of registration was held, or(ii) where on any plan submitted in connection with an application made

under the previous Act there was endorsed by a licensing magistrate anystatement indicating that that certificate of registration extended only toa specified part of the premises of that club—that specified part,

until the licensing court, under subclause (2) (b) or section 5 (1) (b), specifiesdifferently.

(2) The licensing court may, upon an application made by the district inspector in respectof a club in respect of which a certificate of registration under the previous Act, inforce immediately before the commencement of this Act, was held:(a) define or describe the premises of the club in respect of which the certificate

of its registration is in force, and(b) specify that those premises, or such part of those premises as is defined or

described by the licensing court, are or is the defined premises of the club.

(3) Not more than one application may be made under subclause (2) (a) or (b) in respectof the same club.

(4) For the purposes of this Act, the premises, defined or described as referred to insubclause (2) (a), of a registered club are the premises of that club in respect of whichthe certificate of its registration is in force until other premises are, under section 5(1), defined or described as the premises of the club.

(5) For the purposes of this Act, the premises or part of the premises of a registered clubthat are or is specified under subclause (2) (b) are the defined premises of thatregistered club until the licensing court, under section 5 (1), specifies differently.

Page 54



12 A person who immediately before the commencement of this Act held office as thesecretary of a registered club under the previous Act shall be deemed to have beenapproved under section 33 as the secretary of that club.

13 A proclamation or order made under a provision of the previous Act specified incolumn 1 of the Table to this clause and in force at the commencement of this Actshall be deemed:(a) to be an order made under the provision of this Act specified in column 2 of

that Table, and(b) to have been so made for the purposes of the provision of this Act specified in

column 3 of that Table,opposite the provision of the previous Act specified in column 1 of that Table.

Table

14 If a person is, at the commencement of this Act, prevented by the rule referred to insection 30 (1) (b) from holding office as a member of the governing body of a clubin respect of which a certificate of registration under the previous Act, in forceimmediately before that commencement, was held, the position of that person as amember of the governing body of that club becomes vacant on that commencementand may be filled as a casual vacancy.

15 A person who became a member of a registered club before the commencement ofthis Act shall:(a) if he or she was elected to membership of the club for life, be deemed to be a

life member of the club,(b) if he or she was elected to membership of the club in accordance with a rule of

the club referred to in section 135 (1) (d) of the previous Act or if, immediatelybefore the grant under the previous Act of the certificate of registration inrespect of the club or of the conditional application, if any for the certificate ofregistration in respect of the club whichever was granted the later, he or shewas a member of the club, not being a person who, under the rules of the club,was a life member, an honorary member or a temporary member of the club,be deemed to be an ordinary member of the club,

(c) if he or she was admitted as an honorary member of the club or as an honoraryand temporary member of the club, be deemed to be an honorary member ofthe club, or

(d) except as provided in paragraphs (a), (b) and (c), be deemed to be a temporarymember of the club.

16 Section 49 applies to and in respect of a registered club in respect of any amendmentto its rules made before the commencement of this Act as if section 49 had been inforce when the amendment was made unless section 135A of the previous Act wascomplied with in relation to the amendments.

Column 1 Column 2 Column 3

Section 134A (5) Section 13 (1) (a) Section 10 (4)

Section 134B (6) Section 13 (1) (a) Section 10 (3)

Section 135 (1) Section 13 (1) (b) Section 10 (5)

Section 135 (1A) Section 30 (7) Section 30 (6)

Page 55



17 (1) A registered club that has more than 1 certificate of registration under this Act shall,within 12 months after the commencement of the Registered Clubs (FurtherAmendment) Act 1985, surrender those certificates to the Board.

(2) A certificate of registration of a club which is not surrendered in accordance withsubclause (1) shall be deemed to be cancelled.

(3) Where any certificates of registration are surrendered by a registered club undersubclause (1) or are deemed to be cancelled under subclause (2), the Board shall,subject to section 5A, issue to the club 1 certificate of registration in respect of all thepremises to which the surrendered or cancelled certificates related.

(4) A certificate of registration issued by the Board under subclause (3) is subject to suchconditions as the Board imposes and any such condition imposed by the Board shall,for the purposes of this Act, be deemed to be a condition imposed by the LicensingCourt under section 9A.

(5) A certificate of registration issued by the Board under subclause (3) shall be deemedto be a certificate of registration issued under Part 2.

Part 1B Provisions relating to enactment of Registered Clubs (Liquor) Amendment Act 1982

17A Transitional provisions

(1) A condition to which, pursuant to section 9A (as in force immediately before itsamendment by the amending Act), the certificate of registration of a club was subjectimmediately before 1 July 1983 is taken to be a condition imposed on that day undersection 9A, as amended by the amending Act.

(2) A fee paid by a registered club before 1 July 1983 for renewal of its certificate ofregistration on and from that day is taken to be the fee paid by the club under section15, as amended by the amending Act, in respect of the licensing period thatcommenced on that day.

(3) The provisions of this Act, as amended by the amending Act, that relate to thereassessment of a registration fee apply to and in respect of a fee paid by a registeredclub before 1 July 1983 for renewal of its certificate of registration as if the fee sopaid had been assessed as a registration fee under this Act, as amended by theamending Act.

(4) Section 16, as amended by the amending Act, applies to and in respect of a certificateof registration of a club in force immediately before 1 July 1983 in the same way asit applies to and in respect of such a certificate granted on or after that day unlessrenewal of the certificate of registration was refused before 1 July 1983 or is,pursuant to an application made before that day, refused on or after that day.

(5) Where a notice given before 1 July 1983 would, if the amending Act had not beenenacted, have been duly given for the purposes of this Act, it is taken to have beenduly given for the purposes of this Act, as amended by the amending Act.

(6) An objection to an application taken under this Act before 1 July 1983 and not finallyheard and determined before that day is to be heard and determined as if theamending Act had not been enacted.

(7) This clause is taken to have commenced on 1 July 1983 (the date of commencementof the amending Act).

(8) Subclauses (1)–(6) re-enact (with minor modifications) clauses 2–7 of Schedule 10to the amending Act. Subclauses (1)–(6) are transferred provisions to which section30A of the Interpretation Act 1987 applies.

Page 56



(9) In this clause:amending Act means the Registered Clubs (Liquor) Amendment Act 1982.

Part 1C Provisions relating to enactment of Registered Clubs (Amendment) Act 1986

17B Transitional provisions

(1) Where an application for a licence is made, but not determined, before the appointedday, the applicant is, between the commencement of that day and:(a) where the application is refused—the time the applicant is notified of the

refusal by posting advice of the refusal to the address of the applicant lastknown to the Board, or

(b) where the application is granted—the expiration of 14 days after the applicantis, in the same way, notified of the granting of the licence,

taken to be the holder of a licence of the kind applied for.

(2) If the Licensing Court, upon cause shown, so directs, subclause (1) ceases to applyto a specified applicant to whom or to which, but for this clause and the direction, itwould apply.

(3) Subject to any directions given by the Board to a particular licensee, or to licenseesof a particular class of licensees, a reference in this Act to an established pokermachine includes a reference to a poker machine (not being an approved pokermachine):(a) that, immediately before the appointed day, was in the possession of a person

who, on the appointed day is, or is taken to be, a licensee, or(b) that is manufactured on or after the appointed day by a person who, at the time

of the manufacture is, or is taken to be, the holder of a dealer’s licence, or(c) that, on or after the appointed day, is the subject of a contract:

(i) entered into by any person before the appointed day, or(ii) entered into on or after the appointed day by a person who is, or is taken

to be, a licensee.

(4) The Board may, by notification in the Gazette, terminate the operation of subclause(3).

(5) This clause is taken to have commenced on 21 May 1986 (the date of assent to theamending Act).

(6) Subclauses (1)–(4) re-enact (with minor modifications) clauses 2–4 of Schedule 3 tothe amending Act. Subclauses (1)–(4) are transferred provisions to which section30A of the Interpretation Act 1987 applies.

(7) In this clause:amending Act means the Registered Clubs (Amendment) Act 1986.appointed day means the day appointed under section 116, as inserted by theamending Act.

Page 57



Part 1D Provisions relating to enactment of Registered Clubs (Amendment) Act 1988

17C Transitional provision

(1) A person who, but for this clause, would be required by this Act, as amended by theamending Act, to hold a licence in relation to subsidiary equipment is not required tohold such a licence until:(a) a day notified by the Liquor Administration Board in the Gazette for the

purposes of section 4 of the amending Act or this clause, or(b) if an application for the licence was lodged before that day—until notified of

the result of the application.

(2) This clause is taken to have commenced on 19 December 1988 (the date of assent tothe amending Act).

(3) Subclause (1) re-enacts (with minor modifications) section 4 of the amending Act.Subclause (1) is a transferred provision to which section 30A of the InterpretationAct 1987 applies.

(4) In this clause:amending Act means the Registered Clubs (Amendment) Act 1988.

Part 1E Provisions relating to enactment of Registered Clubs (Amendment) Act 1990

17D Transitional provisions

(1) If, immediately before 1 August 1990 (the date of commencement of Schedule 2 tothe amending Act), a police officer:(a) held office under the Liquor Act 1982 as superintendent of licences or as a

licensing inspector, and(b) had commenced to exercise a function conferred or imposed by this Act on a

holder of the office,the police officer may, after that commencement, complete the exercise of thefunction as if it had been delegated to the officer under section 6A, as amended bythe amending Act.

(2) If anything done by the Principal Registrar of the Licensing Court:(a) still has effect immediately before the commencement of a provision of the

amending Act, and(b) could be done by the Director of Liquor and Gaming after that

commencement,it has effect on and after that commencement as if it had been done by the Directorof Liquor and Gaming.

(3) If a condition to which a certificate of registration under this Act is subjectimmediately before 1 August 1990 includes a reference to the superintendent oflicences or to a licensing inspector, the reference is to be read on and after that dayas a reference to a police officer who is a delegate of the Commissioner of Police forthe purposes of the reference.

(4) If, immediately before the repeal of section 20A by the amending Act on 1 September1990:

Page 58



(a) an application that had been made for an order under that section in relation toclub premises had not been disposed of, or

(b) the Liquor Administration Board was considering whether or not to make suchan order of its own motion, or

(c) an order in force under that section had not been complied with,that section continues to have effect in relation to the club premises as if it had notbeen repealed.

(5) Section 6A, as amended by the amending Act, applies in relation to a function thatmay be exercised for the purposes of Schedule 6 to the amending Act or this clausein the same way as it applies in relation to a function conferred or imposed by thisAct, as amended by the amending Act.

(6) This clause is taken to have commenced on 14 June 1990 (the date of assent to theamending Act).

(7) Subclauses (1)–(5) re-enact (with minor modifications) Schedule 6 to the amendingAct. Subclauses (1)–(5) are transferred provisions to which section 30A of theInterpretation Act 1987 applies.

(8) In this clause:amending Act means the Registered Clubs (Amendment) Act 1990.

Part 2 Provisions relating to enactment of Registered Clubs (Further Amendment) Act 1990

18 Proceedings relating to complaints

(1) Sections 17 and 35 as amended by Schedule 1 (2) (c) and (4) to the Registered Clubs(Further Amendment) Act 1990 apply to proceedings before the Licensing Courtwhether the proceedings were commenced before or after the amendments tookeffect.

(2) The increase in the maximum penalty referred to in section 17 (2) (c) made by theamendment contained in Schedule 1 (2) (a) to the Registered Clubs (FurtherAmendment) Act 1990 applies only to matters (which are the subject of complaints)occurring after the commencement of that amendment.

Part 3 Provisions relating to enactment of Registered Clubs (Amendment) Act 1993

19 Definitions

In this Part:1993 Act means the Registered Clubs (Amendment) Act 1993.introduction date means the date of introduction into Parliament of the Bill for the1993 Act, whether or not the 1993 Act was enacted in the form of the Bill asintroduced.

20 (Repealed)

21 Existing profits, benefits and advantages

Any person (including a registered club) may, after the amendment of section 10 (1)(j) by the 1993 Act, continue to derive any profit, benefit or advantage to which theperson was lawfully entitled immediately before that amendment.

Page 59



22 Club rules

(1) For the period of 1 month that next succeeds the insertion of section 30 (2A) by the1993 Act, that subsection does not apply in relation to a registered club that, duringthat period, has rules providing for the admission of honorary members or temporarymembers.

(2) A registered club to which section 30 (7A) applies immediately before its repeal isnot affected by the repeal until the expiration of the period of 3 months that nextsucceeds the repeal.

23 Restrictions on certain officials (registered clubs)

(1) On and after the commencement of section 59A and despite its provisions:(a) section 59A (1) (b) and (4) (b) do not apply in relation to a key official during

the unexpired term of office as a member of the governing body of a registeredclub held by the key official immediately before the introduction date, and

(b) section 59A (1) (e) and (f), (4) (c) and (7) (a) and (b) do not apply to prohibitthe continuation of any employment of a key official that existed immediatelybefore the introduction date, and

(c) section 59A (2), (3), (5), (6) and (7) (c) and (d) do not apply to prohibit abusiness or financial association, or a business or financial interest, thatexisted immediately before the introduction date.

(2) On and after the commencement of section 59B and despite its provisions, areference in that section to a former key official does not include a reference to aperson who was a former key official immediately before the introduction date.

(3) This clause does not affect the operation of section 80 (1) or (2) of the Public SectorManagement Act 1988, despite section 80 (3) of that Act.

24 Restrictions on certain officials (licences)

(1) On and after the commencement of section 59C and despite its provisions:(a) section 59C (1) (a) does not apply to prohibit the continuation of any

employment of a key official that existed immediately before the introductiondate, and

(b) section 59C (1) (c) and (4) (a) do not apply to prohibit the continuation of anyemployment of a key official that existed immediately before the introductiondate, and

(c) section 59C (2), (3) and (4) (b) and (c) do not apply to prohibit a business orfinancial association, or a business or financial interest, that existedimmediately before the introduction date.

(2) On and after the commencement of section 59D and despite its provisions, areference in that section to a former key official does not include a reference to aperson who was a former key official immediately before the introduction date.

(3) This clause does not affect the operation of section 80 (1) or (2) of the Public SectorManagement Act 1988, despite section 80 (3) of that Act.

25 Investigation of certain devices

On the commencement of section 77A as inserted by the 1993 Act, that sectionapplies in relation to an application for a declaration of a device as an approved pokermachine made, but not determined, before that commencement in the same way as itapplies in relation to such an application made after that commencement.

Page 60



26 Approval of poker machine

(1) An approval by the Board of a poker machine, or of a class of poker machines, thatwas in force immediately before the commencement of section 77B as inserted bythe 1993 Act has effect at that commencement as a declaration under that section tothe effect that the poker machine, or a poker machine of that class, is an approvedpoker machine.

(2) If, before the commencement of section 77B (2) (b) as inserted by the 1993 Act:(a) the Board had made in relation to a device a declaration of a kind referred to

in that paragraph, and(b) the declaration was in force immediately before that commencement,the declaration is taken to have been made in accordance with that paragraph.

27 (Repealed)

28 Poker machines not used for gaming

An approval in force under section 123 immediately before the repeal andsubstitution of that section by the 1993 Act continues in force after the repeal as ifthat section had not been repealed and substituted.

29 General

(1) If anything done or commenced under a provision repealed or amended by the 1993Act could have been done or commenced under a provision of this Act if theamendments made by the 1993 Act had been in force when the thing was done orcommenced, it is taken to have been done or commenced under this Act as amendedby the 1993 Act.

(2) This Part has effect in addition to, and does not derogate from, section 30 of theInterpretation Act 1987.

Part 4 Registered Clubs (Taxation) Amendment Act 1993

30 Definitions

In this Part:the amending Act means the Registered Clubs (Taxation) Amendment Act 1993.the Regulation means the Registered Clubs Regulation 1983.

31 Purpose of provisions

The purpose of this Part is to ensure a continuity of operation (as provisions of thisAct) of those provisions of the Regulation that are repealed by the amending Act andre-enacted as provisions of this Act.

32 (Repealed)

33 Amendments etc do not affect existing liabilities

(1) The amendments made to this Act and the Regulation by the amending Act and therepeal of the Gaming and Betting (Poker Machines) Taxation Act 1956 do not affectany existing right, entitlement or obligation, in particular:(a) any existing liability to pay registration fee, duty, tax or penalty or any

instalment of registration fee, duty or tax, and(b) any existing entitlement to a reduction of registration fee, duty or tax or to a

refund or credit of registration fee, duty or tax paid, and

Page 61



(c) any existing liability to submit a return.

(2) Any registration fee, duty, tax, instalment or penalty so payable or paid under aprovision of the Regulation repealed by the amending Act is taken to be payable orto have been paid under the corresponding provision of this Act as amended by theamending Act.

(3) Anything done or omitted to be done under or for the purposes of a provision of theRegulation repealed by the amending Act is taken to have been done or omitted underor for the purposes of the corresponding provision of this Act as amended by theamending Act.

34 Transitional regulations for club amalgamations

(1) Clause 20ZB (Effect of amalgamation before 1 Dec 1991 on duty) of the Regulation(as in force immediately before the repeal by this Act of the other provisions of Part4B (Duty on Poker Machines) of the Regulation) is taken to be in force as aregulation under this Act.

(2) That clause operates as if references in it to duty were references to both the dutypayable under Division 2 of that Part and the duty payable under Division 2 of Part10 of this Act.

(3) This clause does not prevent the repeal of clause 20ZB of the Regulation.

35 Validation of registration and licence cancellations

(1) Clauses 19 and 20H of the Regulation are taken at all times prior to their repeal tohave been valid for the purposes of effecting the cancellation of a certificate ofregistration or licence in accordance with the terms of those clauses.

(2) Accordingly, a certificate of registration or licence purportedly cancelled by clause19 or 20H of the Regulation is taken to have been validly cancelled.

(3) However, clauses 19 and 20H of the Regulation are taken never to have operated tocancel a registration certificate or licence for failure to pay the registration fee, or aninstalment of the registration fee, or for failure to pay the licence fee, payable inrespect of the registration period commencing in January 1993 or the prescribedperiod commencing in February 1993.

(4) This clause does not apply in respect of any registration certificate or licence inrespect of which proceedings challenging the validity of a cancellation under clause19 or 20H of the Regulation were commenced in the Supreme Court before the Billfor the amending Act was introduced into Parliament.

(5) The repeal of clauses 19 and 20H of the Regulation does not operate to revive acancelled certificate of registration or licence.

(6) Neither the Crown nor the Board incurs any liability (in particular, any liability to paycompensation) by reason of the operation of this clause or clauses 19 and 20H of theRegulation.

36 Grounds for complaint—late payment of fee

The amendments made to sections 17 and 108 by the amending Act do not apply inrespect of the failure to pay an instalment of registration fee or a licence fee duebefore the commencement of the amendment.

37 Records and returns

Anything done or omitted to be done under or for the purposes of section 86immediately before the commencement of section 87H is taken after thatcommencement to have been done or omitted under section 87H.

Page 62



38 Continuation of existing regulations

(1) A regulation in force under a provision of this Act that is amended or substituted bythe amending Act and which could be made under that provision (as so amended orsubstituted) continues in force and is taken to have been made under that provisionas so amended or substituted.

(2) Subclause (1) does not apply to a regulation repealed by section 4 of the amendingAct and does not apply to prevent the subsequent amendment or repeal of aregulation continued in force by subclause (1).

Part 5 Provisions relating to enactment of Registered Clubs (Management) Amendment Act 1993

39 Existing disqualifications remitted to Licensing Court for redetermination

(1) On the commencement of the Registered Clubs (Management) Amendment Act 1993,any matter determined under section 17 that resulted in the disqualification of aregistered club under section 17 (2) (b) (being a disqualification in force immediatelybefore that commencement or that is not operative because the decision of theLicensing Court is subject to an appeal) is by this clause remitted to the LicensingCourt for redetermination.

(2) Until that redetermination takes place, the decision of the Licensing Court on thematter is for the purposes of section 16 (Duration of certificate of registration) takento be subject to an appeal that has not been finally disposed of.

40 Certain amendments apply to existing matters and matters remitted for redetermination

The following amendments made by the Registered Clubs (Management)Amendment Act 1993 extend to any matter pending before the Licensing Court at thecommencement of that Act and also extend to any matter heard and determined bythe Licensing Court before that commencement that as a result of any appeal or theoperation of clause 39 is remitted to the Licensing Court for redetermination:(a) the amendments with respect to the disqualification of a registered club from

holding a certificate of registration (namely the amendments made bySchedule 1 (1), (2) (a), (c) and (f) and (4) to that Act),

(b) the amendments with respect to the power of the Licensing Court to make adeclaration that a person is ineligible to stand for election or to be appointedto, or to hold office in, the position of secretary or member of the governingbody of a registered club or registered clubs (namely the amendments made bySchedule 1 (2) (b) and (e) and (3) to that Act).

41 Penalty increase does not apply to existing matters and matters remitted for redetermination

The increased maximum penalty effected by Schedule 1 (2) (d) to the RegisteredClubs (Management) Amendment Act 1993 does not apply in relation to anythingdone or omitted to be done before the commencement of the amendment or inrelation to complaints made before the commencement of the amendment. Thisclause does not affect the generality of section 55 of the Interpretation Act 1987.

42 1989 amendment extends to pending and remitted matters

(1) The amendment made to section 17 (2) by Schedule 1 to the Statute Law(Miscellaneous Provisions) Act (No 3) 1989 extends to any matter pending before theLicensing Court at the commencement of this clause and also extends to any matterheard and determined by the Licensing Court before that commencement that as a

Page 63



result of any appeal or the operation of clause 39 is remitted to the Licensing Courtfor redetermination, even if the matter relates to a complaint made before thecommencement of that amendment.

(2) The amendment referred to in this clause enabled the Licensing Court to take any oneor more of the actions specified in section 17 (2) when hearing and determining acomplaint about a registered club (prior to the amendment it was limited to any oneof those actions).

(3) This clause applies despite the transitional provision enacted by the Statute Law(Miscellaneous Provisions) Act (No 3) 1989 in respect of the amendment.

Part 6 Registered Clubs (Amendment) Act 1994

43, 44 (Repealed)

45 Freight charges to brewers’ regional depots

Section 4AA applies for the purposes of the licensing period commencing on 16January 1995 and subsequent licensing periods and for that purpose extends to applyin respect of sales of liquor occurring before the commencement of that section.

46 Function authorities

Section 23 (as in force immediately before its substitution by the Registered Clubs(Amendment) Act 1994) continues to apply to an authority issued and in force underthat section before its substitution.

47 Stay of decision on appeal

Section 42B (3) does not apply to an appeal lodged before the commencement of thatsubsection.

48 Penalty notices

Section 57A (Infringement notices for minors) continues to apply despite its repealin respect of a penalty notice issued under that section before its repeal.

49 3 year amnesty for existing advertising

The amendments made by Schedule 1 (4) to the Registered Clubs (Amendment) Act1994 do not apply to any visible promotional or advertising matter first displayedbefore the commencement of that section, until the promotional or advertising matteris replaced or its form or contents are changed or until the day that is 3 years after thecommencement of the amendments (whichever is the earlier).

Part 7 Registered Clubs (Further Amendment) Act 1994

50 Definition

In this Part:1994 Further Amendment means the Registered Clubs (Further Amendment) Act1994.

51 Abolition of registration fee on low alcohol liquor

(1) The amendments made by Schedule 1 (1), (3) and (6) to the 1994 FurtherAmendment apply for the purposes of the determination and payment of anyregistration fee payable in respect of the 1995 registration period and subsequent

Page 64



registration periods, and do not apply to any registration fee payable in respect of aregistration period prior to the 1995 registration period.

(2) For the purposes of the operation of this Act in relation to the registration fee payableby a registered club in respect of the 1995 registration period:(a) it is to be presumed that none of the amount paid or payable for liquor on

which the calculation of that registration fee is based comprised an amountpaid or payable for low alcohol liquor, except as provided by paragraph (b),and

(b) if the club satisfies the Secretary of the Board or the Board, in relation to anassessment or reassessment of that registration fee, that a particular amountwas paid or payable for low alcohol liquor, the fee to be paid by the club is tobe determined having regard to the amount paid or payable for low alcoholliquor.

(3) In this clause:low alcohol liquor does not include low alcohol liquor that is beer.1995 registration period means the registration period commencing on 16 January1995.

52 Complaints against clubs

(1) The amendment made by the 1994 Further Amendment to section 17 (1AA) does notapply to a complaint against a registered club made before the commencement of theamendment.

(2) The amendment made by the 1994 Further Amendment to section 17 (2) extends toapply to a complaint against a registered club made but not finally determined beforethe commencement of the amendment.

(3) The amendment made by the 1994 Further Amendment to section 17AA does notapply to a complaint against a registered club made before the commencement of theamendment.

53 Breath analysis equipment

Section 68 (Breath analysis equipment) does not apply to a test by means of a breathanalysing instrument that was taken before the commencement of that section, or tothe results of such a test.

54 Secrecy

The amendment made to section 72C (Secrecy) by the 1994 Further Amendmentextends to apply to information acquired before the commencement of theamendment.

55 Complaints against gaming-related licensees

The amendment made by the 1994 Further Amendment to section 109 extends toapply to a complaint against a licensee made but not finally determined before thecommencement of the amendment.

56 Service of summonses

The amendments made by Schedule 1 (16) and (20) to the 1994 Further Amendmentdo not apply to a summons issued before the commencement of those amendments.

57 Records for low alcohol liquor

Section 27B (Keeping of records concerning low alcohol liquor) does not apply torequire the keeping of records of amounts paid or payable in respect of low alcohol

Page 65



liquor (other than beer) before the commencement of the amendments made to thatsection by the 1994 Further Amendment.

Part 8 Registered Clubs Amendment Act 1995

58 Complaint as to quiet and good order of neighbourhood

A complaint duly made to the Board under section 17AA before the amendment ofthat section by the Registered Clubs Amendment Act 1995 is taken to have been madein accordance with that section as so amended.

59 References to former key officials

Sections 59B (7) and 59D (6), as inserted by the Registered Clubs Amendment Act1995, are taken to have commenced on the commencement of sections 59B and 59Drespectively.

60 Registered Clubs (Transitional) Regulation 1994

The repeal of clauses 43 and 44 by the Registered Clubs Amendment Act 1995 doesnot affect the continuing operation of the Registered Clubs (Transitional) Regulation1994. That Regulation, as in force immediately before that repeal, continues in forceunder clause 1A and may be repealed or amended under that clause.

Part 9 Liquor and Registered Clubs Legislation Amendment Act 1996

61 Brewery regional depot freight charges

The amendments made to section 4AA (Freight costs to brewers’ regional depots notincluded in price of beer) by the Liquor and Registered Clubs LegislationAmendment Act 1996 do not apply for the purposes of a registration period before theregistration period commencing on 16 January 1997.

62 Effect of amendments on pending applications

An amendment made by the Liquor and Registered Clubs Legislation AmendmentAct 1996 does not apply to an application pending under this Act at thecommencement of the amendment.

Part 10 Liquor and Registered Clubs Legislation Amendment (Minors’ Entertainment) Act 1996

63 Authorisation for use of premises by minors

A functions authority in force immediately before the commencement of Schedule 2[8] to the Liquor and Registered Clubs Legislation Amendment (Minors’Entertainment) Act 1996:(a) ceases to have effect at the end of the period of 12 months from that

commencement unless sooner cancelled or a replacement functions authorityis granted, and

(b) is, during that 12-month period, subject only to the conditions which appliedto it immediately before that commencement, unless those conditions arevaried or revoked in accordance with this Act or new conditions are imposedby the Licensing Court in complaint proceedings under this Act.

Page 66



64 References to local council

(1) A reference in section 22A (9) (a) or 23AA (3) (a) to a person authorised by thecouncil of the area under the Local Government Act 1993 within the boundaries ofwhich the premises of the club are situated is to be read as a reference to a personauthorised by the local consent authority in relation to the premises of the club.

(2) This clause operates:(a) on and from the commencement of section 23AA if Schedule 2 [3] to the

Liquor and Registered Clubs Legislation Amendment Act 1996 hascommenced before the commencement of section 23AA (3), or

(b) on and from the commencement of Schedule 2 [3] to the Liquor andRegistered Clubs Legislation Amendment Act 1996 if that item commences onor after the commencement of section 23AA (3).

Part 11 Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996

65 Procedure before court

The repeal of section 17 (3B) by the Liquor and Registered Clubs LegislationAmendment (Enforcement) Act 1996 does not apply in respect of any proceedings ona complaint under section 17 which commenced to be heard by the Licensing Courtbefore that repeal.

66 Effect of amendments on pending proceedings

(1) An amendment made to section 17 by Schedule 2 [4], [5] or [6] of the Liquor andRegistered Clubs Legislation Amendment (Enforcement) Act 1996 does not apply inrespect of any proceedings relating to the matter of a complaint under section 17 (1)that commenced to be heard by the Licensing Court before that amendmentcommenced.

(2) An amendment made to section 109 by Schedule 2 [56], [57] or [59] of the Liquorand Registered Clubs Legislation Amendment (Enforcement) Act 1996 does notapply in respect of any proceedings relating to the matter of a complaint undersection 108 that commenced to be heard by the Licensing Court before thatamendment commenced.

(3) An amendment made to section 17, 26, 33, 35, 99 or 109 by Schedule 2 [7], [10],[12], [14], [43] or [60] of the Liquor and Registered Clubs Legislation Amendment(Enforcement) Act 1996 applies to proceedings before the Licensing Court whetheror not those proceedings were commenced before or after the commencement of theamendment.

(4) An amendment made to section 44A by the Liquor and Registered Clubs LegislationAmendment (Enforcement) Act 1996 does not apply to proceedings for an offencealleged to have been committed before the commencement of the amendment.

(5) Section 66A does not apply to proceedings for an offence alleged to have beencommitted before the commencement of that section.

(6) An amendment made to a provision of this Act by the Liquor and Registered ClubsLegislation Amendment (Enforcement) Act 1996 that changes the onus of proof inrelation to a matter does not apply to proceedings commenced before thatamendment commenced.

Page 67



67 Complaints relating to close associates

A complaint may not be made in relation to a person who is a close associate of aregistered club on a ground specified in section 108 (2A) (b) in respect of conductthat occurred before the commencement of that provision.

68 Increase in time limit for taking proceedings for certain offences

The amendment made to section 65 by the Liquor and Registered Clubs LegislationAmendment (Enforcement) Act 1996 extends to apply in respect of an act or omissiongiving rise to proceedings for an offence referred to in the Table to that section thatoccurred within 12 months before that amendment commenced.

69 Application of penalty powers

Section 65A does not apply to offences committed before the commencement of thatsection.

70 Effect of amendments on pending applications

An amendment made by the Liquor and Registered Clubs Legislation Amendment(Enforcement) Act 1996 does not apply to an application pending under this Act atthe commencement of the amendment.


71 Definitions

In this Part:ad valorem registration fee means a fee, calculated as a proportion of the amountpaid or payable for any liquor, in respect of a certificate of registration.amending Act means the Liquor and Registered Clubs Legislation Amendment Act1997.

72 Records

Records that, immediately before the repeal by the amending Act of sections 27A and27B, were required to be kept under those sections must be retained until a dateprescribed by the regulations.

73 Abolition of ad valorem registration fees

(1) Nothing in this Act is to be construed as requiring or having required the payment,assessment or collection of the whole or part of any ad valorem registration fee after6 August 1997.

(2) It is not the duty of the Board to reassess any registration fee in pursuance of anapplication for reassessment made after 6 August 1997 (whether made before or afterthe commencement of this clause).

(3) Nothing in this clause affects:(a) (Repealed)(b) the imposition or collection of any penalty,at any time after 6 August 1997 on account of a failure to pay, or to pay in due time,a fee or any portion of a fee that was payable before that date.

Page 68



74 Duty on poker machines—instalment for the quarter ending 28 February 1998

(1) This clause applies to the payment of an instalment of duty on profits derived fromapproved gaming devices kept by a registered club in the period commencing on 1December 1997 and ending on 28 February 1998 (the relevant instalment period),and so applies to the exclusion of section 87A (4A) and (4B).

(2) Unless section 87A (3) or (4) applies to the relevant instalment period, the instalmentpayable in respect of that period is the sum of the amounts payable under subclauses(3)–(6).

(3) If the profits from all approved gaming devices kept by a registered club in the periodcommencing on 1 December 1997 and ending on 31 January 1998 exceed $33,333but do not exceed $416,667, the amount payable under this subclause is:(a) the sum of $167, and(b) an amount equal to 22.5% of the amount by which the profits exceed $33,333

but do not exceed $416,667.

(4) If the profits from all approved gaming devices kept by a registered club in the periodreferred to in subclause (3) exceed $416,667, the amount payable under thissubclause is:(a) the sum of $86,417, and(b) an amount equal to 24.75% of the amount by which the profits exceed

$416,667.

(5) If the profits from all approved gaming devices kept by a registered club in the monthof February 1998 exceed $16,667 but do not exceed $83,333, the amount payableunder this subclause is:(a) the sum of $83, and(b) an amount equal to 22.5% of the amount by which the profits exceed $16,667


(6) If the profits from all approved gaming devices kept by a registered club in the monthof February 1998 exceed $83,333, the amount payable under this subclause is:(a) the sum of $15,083, and(b) an amount equal to 30% of the amount by which the profits exceed $83,333.

75 Effect of amending Act on pending applications

The amendments made to sections 18, 19, 19A and 33 by the amending Act do notapply to an application that was pending under this Act when those amendments tookeffect.

Part 13 Liquor and Registered Clubs Legislation Amendment (Community Partnership) Act 1998

76 Definitions

In this Part:amending Act means the Liquor and Registered Clubs Legislation Amendment(Community Partnership) Act 1998.relevant instalment period means the period commencing on 1 December 1997 andending on 28 February 1998.transitional year means the duty period commencing on 1 December 1997.

Page 69



77 Duty on profits derived from approved gaming devices (other than multi-terminal gaming machines) during the relevant instalment period

(1) This clause applies to determine the duty payable on profits derived from approvedgaming devices (other than multi-terminal gaming machines) kept on the premises ofa registered club during the relevant instalment period, and so applies to theexclusion of section 87, whether as in force before its repeal by the amending Act oras inserted by that Act.

(2) If the profits from all approved gaming devices (other than multi-terminal gamingmachines) kept on the premises of a registered club during the relevant instalmentperiod do not exceed $25,000, no duty is payable on the profits.

(3) If the profits from all approved gaming devices (other than multi-terminal gamingmachines) kept on the premises of a registered club during the relevant instalmentperiod exceed $25,000 but do not exceed $50,000, duty is payable on so much of theprofits as exceeds $25,000 but does not exceed $50,000 at the rate of 1%.

(4) If the profits from all approved gaming devices (other than multi-terminal gamingmachines) kept on the premises of a registered club during the relevant instalmentperiod exceed $50,000 but do not exceed $250,000, the duty payable on those profitsis:(a) the sum of $250, and(b) an amount equal to 21.72% of the amount by which the profits exceed $50,000


(5) If the profits from all approved gaming devices (other than multi-terminal gamingmachines) kept on the premises of a registered club during the relevant instalmentperiod exceed $250,000 but do not exceed $625,000, the duty payable on thoseprofits is:(a) the sum of $43,690, and(b) an amount equal to 23.67% of the amount by which the profits so derived

exceed $250,000 but do not exceed $625,000.

(6) If the profits from all approved gaming devices (other than multi-terminal gamingmachines) kept on the premises of a registered club during the relevant instalmentperiod exceed $625,000, the duty payable on those profits is:(a) the sum of $132,453, and(b) an amount equal to 25.22% of the amount by which the profits so derived

exceed $625,000.

(7) This clause has effect subject to clause 80.

78 Duty on profits derived from multi-terminal gaming machines during the relevant instalment period

(1) This clause applies to determine the duty payable on profits derived frommulti-terminal gaming machines kept on the premises of a registered club during therelevant instalment period, and so applies to the exclusion of section 87AA, as inforce immediately before its repeal by the amending Act.

(2) If the profits from all approved gaming devices kept on the premises of a registeredclub during the relevant instalment period do not exceed $25,000, duty is payable onso much of those profits as was derived from the operation of multi-terminal gamingmachines at the rate of 20.67%.

(3) If the profits from all approved gaming devices kept on the premises of a registeredclub during the relevant instalment period exceed $25,000 but do not exceed

Page 70



$50,000, duty is payable on so much of those profits as was derived from theoperation of multi-terminal gaming machines at the rate of 20.98%.

(4) If the profits from all approved gaming devices kept on the premises of a registeredclub during the relevant instalment period exceed $50,000 but do not exceed$250,000, duty is payable on so much of those profits as was derived from theoperation of multi-terminal gaming machines at the rate of 26.89%.

(5) If the profits from all approved gaming devices kept on the premises of a registeredclub during the relevant instalment period exceed $250,000, duty is payable on somuch of those profits as was derived from the operation of multi-terminal gamingmachines at the rate of 28.83%.


79 Duty on profits derived from approved gaming devices during the last three quarters of the duty period commencing on 1 December 1997

(1) This clause applies to determine the duty payable on profits derived from approvedgaming devices kept on the premises of a registered club during the remainder of thetransitional year after 28 February 1998, and so applies to the exclusion of section 87.

(2) If the profits from all approved gaming devices kept on the premises of a registeredclub during the remainder of the transitional year after 28 February 1998 do notexceed $75,000, no duty is payable on the profits.

(3) If the profits from all approved gaming devices kept on the premises of a registeredclub during the remainder of the transitional year after 28 February 1998 exceed$75,000 but do not exceed $150,000, duty is payable on so much of the profits asexceeds $75,000 at the rate of 1%.

(4) If the profits from all approved gaming devices kept on the premises of a registeredclub during the remainder of the transitional year after 28 February 1998 exceed$150,000 but do not exceed $750,000, duty is payable:(a) in the sum of $750, and(b) on so much of the profits as exceeds $150,000 but does not exceed $750,000—

at the rate of 20%.

(5) If the profits from all approved gaming devices kept on the premises of a registeredclub during the remainder of the transitional year after 28 February 1998 exceed$750,000, duty is payable:(a) in the sum of $120,750, and(b) on so much of the profits as exceeds $750,000—at the rate of 26.25%.


80 Expenditure on community support

(1) This clause applies to provide for a reduction in the amount of duty payable on profitsderived from approved gaming devices kept on the premises of a registered clubduring the transitional year, and so applies to the exclusion of section 87F, as in forceimmediately before its repeal by the amending Act, and section 87 (5)–(7), asinserted by that Act.

(2) Regulations made in accordance with clause 1A may make provision for or withrespect to the application (with or without modification) of the provisions of section87F, as in force immediately before its repeal by the amending Act, in respect of dutypayable on profits derived by a registered club in the months of December 1997 andJanuary 1998.

Page 71



(3) If the Board is satisfied, on such evidence as it may require, that a proportion of somuch of the profits derived from approved gaming devices kept by a club during thetransitional year as exceed $1,000,000 has been applied during that period tocommunity development and support (as defined in guidelines published undersection 87), the duty that would otherwise be payable under clauses 77–79 in respectof so much of those profits as exceed $1,000,000 is by this clause reduced by anamount equal to the amount so applied, except as provided by subclause (4).

(4) The amount by which duty is reduced by subclause (3) cannot exceed an amountequal to 1.25% of so much of the club’s dutiable profits, derived as referred to in thatsubclause, as exceed $1,000,000.

81 Special adjustment

An amount paid by a registered club in accordance with clause 74, to the extent thatit exceeds the duty payable (as calculated in accordance with this Part of thisSchedule) for the relevant instalment period, is to be credited to the club concernedin the accounts of the Board.

82 Manner of making adjustments generally

Section 87B, as inserted by the amending Act, is taken to have applied in respect ofthe relevant instalment period as well as to any subsequent period, and no failure tocomply with the provisions of section 87B, as in force immediately before its repealby that Act, in relation to that instalment period renders the Board, any member ofthe Board or any other person liable to any action, claim, suit or demand.

Part 14 Liquor and Registered Clubs Legislation Further Amendment Act 1999

83 Trade practices exemption

Section 76A applies to a local liquor accord entered into before or after thecommencement of that section.

Part 15 Intergovernmental Agreement Implementation (GST) Act 2000

84 Introduction of GST—instalment period commencing on 1 June 2000

(1) This clause applies to determine the duty payable on profits derived from approvedgaming devices kept on the premises of a registered club during the instalment periodcommencing on 1 June 2000.

(2) If the profits from all approved gaming devices kept on the premises of a registeredclub in the instalment period to which this clause applies do not exceed $25,000, noduty is payable on the profits.

(3) If the profits from all approved gaming devices kept on the premises of a registeredclub in the instalment period to which this clause applies exceed $25,000 but do notexceed $50,000, duty is payable on so much of the profits as exceeds $25,000 but donot exceed $50,000, at the rate of 0.33%.

(4) If the profits from all approved gaming devices kept on the premises of a registeredclub in the instalment period to which this clause applies exceed $50,000 but do notexceed $250,000, duty is payable:(a) in the sum of $82.50, and

Page 72



(b) on so much of the profits as exceed $50,000 but do not exceed $250,000, at therate of 13.87%.

(5) If the profits from all approved gaming devices kept on the premises of a registeredclub in the instalment period to which this clause applies exceed $250,000, duty ispayable:(a) in the sum of $27,822.50, and(b) on so much of the profits as exceed $250,000, at the rate of 18.62%.


85 Definition

In this Part, amending Act means the Liquor and Registered Clubs LegislationAmendment Act 2001.

86 Applications for conditional grant of licence

Section 18, as amended by the amending Act, extends to an application under thatsection that was lodged before the amendment took effect.

87 Appeals against decisions of Licensing Court

The amendments made by the amending Act to section 42B do not apply in respectof a decision of the Licensing Court that was made before the amendments tookeffect.

Part 17 Liquor and Registered Clubs Legislation

88 Provision consequent on the decision of the High Court in Ha v New South Wales

(1) This clause applies to a certificate of registration that was, immediately before 5August 1997, suspended under section 15 (8) (as in force immediately before itsrepeal) because a registration fee had not been paid in full.

(2) A certificate of registration to which this clause applies is, on and from 5 August1997, taken not to have been suspended by reason of failure to pay a registration feein full.

Part 18 Gaming Machines Act 2001

89 Prohibition on clubs acquiring financial interest in hotels

Section 9A (1AA), as inserted by Schedule 3 [6] to the Gaming Machines Act 2001,does not apply to or in respect of a hotelier’s licence or financial interest in a hotelthat was granted to or acquired by a registered club before the commencement of thatsubsection.

90 Operation of club amalgamation amendments

Division 1A of Part 2 (as inserted by Schedule 3 [15] to the Gaming Machines Act2001) extends to an application under section 17A for the amalgamation of 2 or moreregistered clubs that was made before the commencement of that Division.

Page 73



Part 19 Registered Clubs Amendment Act 2006

91 Pending applications for club amalgamations

Subject to the regulations, the amendments made by the Registered ClubsAmendment Act 2006 to Division 1A of Part 2 do not apply to or in respect of anapplication under section 17A that was made (but not granted) before thecommencement of those amendments and any such application is to be heard anddetermined as if those amendments had not been made.

Part 20 Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007

92 Definitions

In this Part:amending Act means the Miscellaneous Acts (Casino, Liquor and Gaming)Amendment Act 2007.former Board means the Liquor Administration Board constituted by section 72 ofthe former Liquor Act.former Court means the Licensing Court constituted under the former Liquor Act.Note. The Licensing Court is abolished on the repeal of Part 2 of the former Liquor Act—seeclause 23 of Schedule 1 to the Liquor Act 2007.

former Liquor Act means the Liquor Act 1982 as in force immediately before itsrepeal by the Liquor Act 2007.relevant date means the date on which section 9 of this Act is repealed by theamending Act.

93 Existing registered clubs taken to be licensed under Liquor Act 2007

(1) If a certificate of registration under this Act was in force in respect of a clubimmediately before the relevant date, the club is, on that date, taken to be the holderof a club licence. Any such club is referred to in this Part as an existing registeredclub.

(2) The club licence of an existing registered club:(a) is subject to any conditions and restrictions to which the club’s certificate of

registration was subject under this Act (including provisions relating to tradinghours) immediately before the relevant date, and

(b) may be dealt with under, and is otherwise subject to, the provisions of theLiquor Act 2007.

(3) If, immediately before the relevant date, an existing registered club owned oroccupied more than one set of premises, each set of premises is, on thecommencement of section 19 of the Liquor Act 2007, taken to be separately licensedunder that Act.

94 Existing on-premises trading hours

(1) A reference in this clause to on-premises trading hours is a reference to the timesduring which liquor may be sold or supplied only for consumption on the premisesconcerned.

(2) Clubs with existing unrestricted on-premises trading hours

An existing registered club that, immediately before the relevant date, was notsubject to restrictions under this Act in relation to its on-premises trading hours may,subject to this clause, continue to trade on that basis until such time as action (if any)

Page 74



is taken under the Liquor Act 2007 to vary those on-premises trading hours.

(3), (4) (Repealed)

(5) Clubs with existing restricted on-premises trading hours

If, immediately before the relevant date, an existing registered club was subject torestrictions imposed under this Act in relation to its on-premises trading hours, thoserestrictions continue to apply until such time as the Authority, on application by theregistered club, varies the club’s on-premises trading hours under the Liquor Act2007.

95 Existing off-premises trading hours

(1) A reference in this clause to off-premises trading hours is a reference to the timesduring which liquor may be sold or supplied for consumption away from thepremises concerned.

(2) Clubs with existing unrestricted off-premises trading hours

An existing registered club that, immediately before the relevant date, was notsubject to any restrictions under this Act in relation to its off-premises trading hoursmay sell or supply liquor for consumption away from the club’s premises only duringthe standard trading period under the Liquor Act 2007 or at such other times as maybe authorised by an extended trading authorisation.

(3) Clubs with existing restricted off-premises trading hours

If, immediately before the relevant date, an existing registered club was subject torestrictions imposed under this Act in relation to its off-premises trading hours, thoserestrictions continue to apply until such time as the Authority, on application by theregistered club, varies the off-premises trading hours under the Liquor Act 2007.

(4) No take-away sales on restricted trading days

This clause does not authorise an existing registered club to sell or supply liquor onGood Friday or Christmas Day for consumption away from the licensed premises.

96 Superseded references in relation to certificates of registration of clubs

A reference in any Act (other than this Act) or instrument of any kind to a registeredclub in respect of which a certificate of registration under this Act is in force is to beread as a reference to a registered club in respect of which a club licence under theLiquor Act 2007 is in force.

97 Pending applications and proceedings under this Act

(1) If any authorisation, appointment or other matter is granted or determined pursuantto this clause, it is taken to have been granted or determined under this Act (asamended by Schedule 2 to the amending Act).

(2) Proceedings pending before the Licensing Court

If, before the repeal of Part 2 of the former Liquor Act, proceedings in relation to anymatter under this Act were commenced in the former Court but the former Court hadnot determined the matter:(a) the matter may continue to be dealt with and determined by the Local Court as

if it were sitting as the former Court, and(b) the provisions of this Act (as in force immediately before being amended by

Schedule 2 to the amending Act) and the former Liquor Act continue to apply,as if they had not been amended, for the purposes of:(i) the hearing and determination of the matter, and

Page 75



(ii) any appeal against the former Court’s determination of the matter.

(3) In hearing and determining a matter that is the subject of any such pendingproceedings, the Local Court has the same jurisdiction as the former Court hadimmediately before it was abolished.

(4) Matters being dealt with by the Liquor Administration Board

If, before the repeal of section 72 of the former Liquor Act, any matter under this Actwas being dealt with by the former Board (including by any person to whom thefunctions of the Board were delegated under section 75 of the former Liquor Act) buthad not been determined by the date of that repeal:(a) the former Board (or the person to whom those functions were delegated) is to

continue to deal with the matter as if the former Board had not been abolished,and

(b) the provisions of this Act (as in force immediately before being amended bySchedule 2 to the amending Act) continue to apply in relation to thedetermination of the matter by the former Board (or by the person to whomthose functions were delegated) as if those provisions had not been soamended.

(5) If any such pending matter before the former Board is not determined within suchperiod as may be prescribed by the regulations, the Authority may deal with thematter instead under the relevant provision of this Act.

(6) The continuation, for the purposes of this clause, of the provisions of this Act (as inforce immediately before being amended by Schedule 2 to the amending Act) and theformer Liquor Act is subject to such modifications as may be prescribed by theregulations.

(7) For the purposes of this clause, amended includes repealed.

98 Existing conditions imposed by former Court or former Board

(1) Any condition imposed by the former Court or the former Board (whether under theformer Liquor Act or this Act) in relation to any matter under this Act, being acondition in force immediately before the repeal of Part 4 of the former Liquor Act,is taken to have been imposed by the Authority under this Act (and accordingly areference to the former Court or the former Board in or in relation to any suchcondition is to be construed as a reference to the Authority).

(2) The Authority has such powers as are necessary to give effect to any such conditionand may vary or revoke the condition.

99 Existing managers

A person who, immediately before the repeal of section 34A of this Act by Schedule2 to the amending Act, was a person appointed under that section as the manager (orto act as the manager) of any premises of a registered club is, on that repeal, taken tohave been appointed as the manager of those premises under section 66 of the LiquorAct 2007.

100 General savings provision

(1) Subject to the regulations, anything done under or for the purposes of a provision ofthis Act that had effect immediately before the provision was amended by Schedule2 to the amending Act is taken to have been done under or for the purposes of thisAct as so amended.

(2) Without limiting subclause (1), any approval, authority or appointment in forceunder a provision of this Act immediately before the amendment of the provision by

Page 76



Schedule 2 to the amending Act is taken to be an approval, authority or appointmentin force under this Act as so amended.

Part 21 Provisions consequent on enactment of Clubs, Liquor and Gaming Machines Legislation Amendment Act 2011

101 Definition

In this Part:amending Act means the Clubs, Liquor and Gaming Machines LegislationAmendment Act 2011.

102 Pending club de-amalgamations

(1) Subject to the regulations and this clause, Division 1B of Part 2 of this Act (asinserted by the amending Act) does not apply to or in respect of the de-amalgamationof an amalgamated club if the de-amalgamation process was commenced before thedate of introduction into the Legislative Assembly of the Bill for the amending Act.

(2) Section 17AM (as inserted by the amending Act) extends to the de-amalgamation ofan amalgamated club if the de-amalgamation was initiated, but not completed, beforethe commencement of that section.

Schedule 3 (Repealed)

Page 77


Registered Clubs Act 1976 No 31 [NSW]Schedule 4 Rules for election to governing body for term of 3 years

Schedule 4 Rules for election to governing body for term of 3 years

(Section 30)

1 Definitions

In this Schedule:general meeting means a meeting of the members of the club at which members ofthe governing body are to be elected.triennial rule means the rule of the club that provides for the election of members ofthe governing body in accordance with this Schedule.year means the period between successive general meetings.

2 (Repealed)

3 First general meeting under triennial rule

(1) The members elected to the governing body at the first general meeting at which thetriennial rule applies shall be divided into 3 groups.

(2) The groups:(a) shall be determined by drawing lots, and(b) shall be as nearly as practicable equal in number, and(c) shall be designated as group 1, group 2 and group 3.

(3) Unless otherwise disqualified, the members of the governing body:(a) in group 1 shall hold office for 1 year, and(b) in group 2 shall hold office for 2 years, and(c) in group 3 shall hold office for 3 years.

4 Subsequent general meetings

At each general meeting held while the triennial rule is in force (other than the firstsuch meeting) the number of the members required to fill vacancies on the governingbody shall be elected and shall, unless otherwise disqualified, hold office for 3 years.

5 Casual vacancies

(1) A person who fills a casual vacancy in the office of a member of the governing bodyelected in accordance with this Schedule shall, unless otherwise disqualified, holdoffice until the next succeeding general meeting.

(2) The vacancy caused at a general meeting by a person ceasing to hold office undersubclause (1) shall be filled by election at the general meeting and the person electedshall, unless otherwise disqualified, hold office for the residue of the term of officeof the person who caused the casual vacancy initially filled by the person who ceasedto hold office at the general meeting.

6 Re-election

A person whose term of office as a member of the governing body under the triennialrule expires is not for that reason ineligible for election for a further term.

7 Revocation of triennial rule

(1) If the triennial rule is revoked:

Page 78


Registered Clubs Act 1976 No 31 [NSW]Schedule 4 Rules for election to governing body for term of 3 years

(a) at a general meeting—all the members of the governing body cease to holdoffice, or

(b) at a meeting other than a general meeting—all the members of the governingbody cease to hold office at the next succeeding general meeting,

and an election shall be held at the meeting to elect the members of the governingbody.

(2) The triennial rule cannot be revoked by a club if the rule is taken to apply to the clubpursuant to a regulation made for the purposes of section 30 (1) (a1).

Page 79


Registered Clubs Act 1976 No 31 [NSW]Historical Notes

The following abbreviations are used in the Historical notes:Am amended LW legislation website Sch ScheduleCl clause No number Schs SchedulesCll clauses p page Sec sectionDiv Division pp pages Secs sectionsDivs Divisions Reg Regulation Subdiv SubdivisionGG Government Gazette Regs Regulations Subdivs SubdivisionsIns inserted Rep repealed Subst substituted

Historical notes

Table of amending instrumentsRegistered Clubs Act 1976 No 31. Assented to 1.4.1976. Date of commencement, secs 1 and 2 excepted,1.7.1978, sec 2 (1) (2) and GG No 76 of 30.6.1978, p 2456. This Act has been amended as follows:

1978 No 68 Registered Clubs (Amendment) Act 1978. Assented to 6.4.1978.Date of commencement, secs 1 and 2 excepted, 1.7.1978, sec 2 and GG No 76 of 30.6.1978, p 2456. Amended by Statute Law (Miscellaneous Amendments) Act 1984 No 153.

1979 No 151 Registered Clubs (Liquor) Amendment Act 1979. Assented to 10.12.1979.Date of commencement of sec 3, 14.12.1979, sec 2 (2) and GG No 178 of 14.12.1979, p 6225.

1980 No 25 Registered Clubs (Amendment) Act 1980. Assented to 16.4.1980.Date of commencement of Sch 1 (except Sch 1 (1) (2) (3) (5) (6) (10)), 21.7.1980, sec 2 (3) and GG No 97 of 18.7.1980, p 3696.

1981 No 69 Registered Clubs (Amendment) Act 1981. Assented to 28.5.1981.Date of commencement of Sch 1, 11.6.1982, sec 2 (2) and GG No 79 of 11.6.1982, p 2575.

No 123 Miscellaneous Acts (Companies) Amendment Act 1981. Assented to 30.12.1981.Date of commencement of Sch 8, except as provided by sec 2 (6) (a)–(c), 1.7.1982, sec 2 (6) and GG No 90 of 30.6.1982, p 2959.

1982 No 50 Registered Clubs (Registration Fees) Amendment Act 1982. Assented to 6.5.1982. Amended by Statute Law (Miscellaneous Amendments) Act 1984 No 153.

No 148 Liquor (Repeals and Savings) Act 1982. Assented to 21.12.1982.Date of commencement of Sch 1, 1.7.1983, sec 2 (3) and GG No 74 of 20.5.1983, p 2181.

No 149 Registered Clubs (Liquor) Amendment Act 1982. Assented to 21.12.1982.Date of commencement of Schs 1–9, 1.7.1983, sec 2 (2) and GG No 74 of 20.5.1983, p 2181. Amended by Statute Law (Miscellaneous Amendments) Act 1984 No 153.

No 168 Miscellaneous Acts (Local Courts) Amendment Act 1982. Assented to 24.12.1982.Date of commencement of Sch 1, 1.1.1985, sec 2 (2) and GG No 178 of 21.12.1984, p 6296. Amended by Statute Law (Miscellaneous Amendments) Act 1984 No 153.

Page 80



1983 No 67 Registered Clubs (Amendment) Act 1983. Assented to 4.5.1983.

1984 No 153 Statute Law (Miscellaneous Amendments) Act 1984. Assented to 10.12.1984.

1985 No 13 Registered Clubs (Amendment) Act 1985. Assented to 29.3.1985.

No 71 Registered Clubs (Further Amendment) Act 1985. Assented to 15.5.1985.Date of commencement of Sch 1, 1.6.1985, sec 2 (2) and GG No 88 of 31.5.1985, p 2352.

No 78 Registered Clubs (Miscellaneous Provisions) Amendment Act 1985. Assented to 27.5.1985.Date of commencement of Sch 1 (1), 1.7.1985, sec 2 (2).

No 227 Miscellaneous Acts (Drug Misuse and Trafficking) Amendment Act 1985. Assented to 18.12.1985.Date of commencement of Sch 1, 25.5.1986, sec 2 (3) and GG No 85 of 23.5.1986, p 2289.

1986 No 16 Statute Law (Miscellaneous Provisions) Act 1986. Assented to 1.5.1986.

No 78 Registered Clubs (Amendment) Act 1986. Assented to 21.5.1986.Date of commencement of Schs 1 and 2, 1.12.1986, sec 2 (3) and GG No 183 of 28.11.1986, p 5802. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 1986 No 218. Assented to 23.12.1986.

No 155 Registered Clubs (Further Amendment) Act 1986. Assented to 17.12.1986.Date of commencement of Sch 1, 1.3.1987, sec 2 (2) and GG No 38 of 2.2.1987, p 1029.

1987 No 2 Registered Clubs (Entertainment) Amendment Act 1987. Assented to 3.3.1987.Date of commencement of Sch 1, 13.4.1987, sec 2 (2) and GG No 65 of 10.4.1987, p 1844.

No 48 Statute Law (Miscellaneous Provisions) Act (No 1) 1987. Assented to 28.5.1987.

No 209 Statute Law (Miscellaneous Provisions) Act (No 2) 1987. Assented to 9.12.1987.Date of commencement of Sch 44, except as provided by sec 2 (4) and (6), assent, sec 2 (1).

1988 No 93 Registered Clubs (Amendment) Act 1988. Assented to 19.12.1988.Date of commencement of Schs 1 and 2, 16.1.1989, sec 2 (1) and GG No 2 of 13.1.1989, p 193; Sch 3 was not commenced and was repealed by the Liquor and Registered Clubs Legislation Further Amendment Act 1996 No 103; date of commencement of Sch 4, 1.12.1990, sec 2 (1) and GG No 120 of 28.9.1990, p 8647. Amended by Registered Clubs (Amendment) Act 1990 No 29. Date of commencement of Sch 5, assent, sec 2 (3). Amended by Liquor and Registered Clubs Legislation Further Amendment Act 1996 No 103. Date of commencement of sec 5, 1.3.1997, sec 2 (1) and GG No 22 of 28.2.1997, p 999.

1989 No 11 Miscellaneous Acts (Theatres and Public Halls) Amendment Act 1989. Assented to 18.4.1989.Date of commencement of Sch 1, except as provided by sec 2 (2), 1.9.1990, sec 2 (1) and GG No 82 of 29.6.1990, p 5401.

Page 81



No 92 Registered Clubs (Liquor) Amendment Act 1989. Assented to 13.6.1989.Date of commencement, 1.8.1989, sec 2 and GG No 85 of 28.7.1989, p 4760.

No 132 Statute Law (Miscellaneous Provisions) (No 2) Act 1989. Assented to 5.9.1989.Date of commencement of the provision of Sch 1 relating to the Registered Clubs Act 1976, 16.10.1989, Sch 1 and GG No 98 of 29.9.1989, p 7768.

No 226 Statute Law (Miscellaneous Provisions) Act (No 3) 1989. Assented to 21.12.1989.Date of commencement of the provisions of Sch 1 relating to the Registered Clubs Act 1976, 16.2.1990, Sch 1 and GG No 24 of 16.2.1990, p 1261.

1990 No 29 Registered Clubs (Amendment) Act 1990. Assented to 14.6.1990.Date of commencement of Sch 1, assent, sec 2 (2), date of commencement of Schs 2 and 4, 1.8.1990, sec 2 (1) and GG No 90 of 20.7.1990, p 6683; date of commencement of Sch 3, 1.9.1990, sec 2 (1) and GG No 90 of 20.7.1990, p 6683.

No 43 Registered Clubs (Further Amendment) Act 1990. Assented to 22.6.1990.Date of commencement, 6.7.1990, sec 2 and GG No 85 of 6.7.1990, p 6236.

No 108 Statute Law (Miscellaneous Provisions) Act (No 2) 1990. Assented to 13.12.1990.Date of commencement of the provision of Sch 2 relating to the Registered Clubs Act 1976, assent, sec 2.

No 115 Registered Clubs (Miscellaneous Amendments) Act 1990. Assented to 18.12.1990.Date of commencement, except for such part of Sch 1 (3) as inserts proposed section 57A into the Registered Clubs Act 1976, 18.2.1991, sec 2 and GG No 28 of 8.2.1991, p 1054; date of commencement of such part of Sch 1 (3) as inserts proposed section 57A into the Registered Clubs Act 1976, 1.9.1991, sec 2 and GG No 114 of 9.8.1991, p 6458.

1992 No 48 State Revenue Legislation (Amendment) Act 1992. Assented to 1.7.1992.Date of commencement of the provisions of Sch 1 relating to the Registered Clubs Act 1976, 1.7.1992, sec 2 (1).

Page 82



1993 No 29 Registered Clubs (Amendment) Act 1993. Assented to 8.6.1993.Date of commencement of Schs 1 (except so much of item (11) as would commence proposed sections 82A–82C, 82E (2) and 82F), 2, 3 (except items (9) and (10), so much of item (11) as would commence proposed section 107A (3), (4), item (13), so much of item (15) as would commence proposed section 116D, and item (18)), 4, 5 (except items (13), (14) and (15) (b) and (d), so much of item (15) (e) as would commence proposed section 33 (4B)–(4D), and items (21), (31) and (34)), 6 and 7, 1.10.1993, sec 2 (1) and GG No 102 of 17.9.1993, p 5792; so much of item (11) of Sch 1 as would commence proposed sections 82A–82C was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 1999 No 31; date of commencement of so much of item (11) of Sch 1 as would commence proposed sections 82E (2) and 82F, items (9) and (10) of Sch 3, so much of item (15) of Sch 3 as would commence proposed section 116D, and item (18) of Sch 3, 1.4.1994, sec 2 (1) and GG No 50 of 25.3.1994, p 1257; date of commencement of so much of item (11) of Sch 3 as would commence proposed section 107A (3) and (4), and items (13), (14), (21) and (31) of Sch 5, 1.1.1994, sec 2 (1) and GG No 138 of 17.12.1993, p 7280; item (13) of Sch 3, item (15) (b) and (d) of Sch 5 and so much of item (15) (e) of Sch 5 as would commence proposed section 33 (4B)–(4D) were not commenced and were repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 1993 No 108; date of commencement of Sch 5 (34), assent, sec 2 (3). Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 1993 No 108. Assented to 2.12.1993. Date of commencement of the provisions of Sch 1 relating to the Registered Clubs (Amendment) Act 1993, assent, Sch 1.

No 47 Statute Law (Penalties) Act 1993. Assented to 15.6.1993.Date of commencement, assent, sec 2.

No 56 Registered Clubs (Taxation) Amendment Act 1993. Assented to 24.9.1993.Date of commencement, 1.11.1993, sec 2 and GG No 119 of 29.10.1993, p 6441.

No 57 Registered Clubs (Management) Amendment Act 1993. Assented to 24.9.1993.Date of commencement, assent, sec 2.

No 108 Statute Law (Miscellaneous Provisions) Act (No 2) 1993. Assented to 2.12.1993.Date of commencement of the provisions of Sch 2 relating to the Registered Clubs Act 1976, assent, Sch 2.

1994 No 43 Registered Clubs (Amendment) Act 1994. Assented to 2.6.1994.Date of commencement of Sch 1 (1)–(14), (18), (19) and (21)–(31), 1.7.1994, sec 2 and GG No 88 of 1.7.1994, p 3245; date of commencement of Sch 1 (15)–(17), 1.12.1994, sec 2 and GG No 156 of 25.11.1994, p 6869; Sch 1 (20) was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2000 No 93.

No 50 Registered Clubs (Further Amendment) Act 1994. Assented to 23.9.1994.Date of commencement, 1.11.1994, sec 2 and GG No 145 of 28.10.1994, p 6452.

No 95 Statute Law (Miscellaneous Provisions) Act (No 2) 1994. Assented to 12.12.1994.Date of commencement of the provision of Sch 2 relating to the Registered Clubs Act 1976, assent, Sch 2.

Page 83



1995 No 11 Statute Law Revision (Local Government) Act 1995. Assented to 9.6.1995.Date of commencement of Sch 1.109, 23.6.1995, sec 2 (1) and GG No 77 of 23.6.1995, p 3279.

No 37 Registered Clubs Amendment Act 1995. Assented to 25.9.1995.Date of commencement, 1.11.1995, sec 2 and GG No 131 of 27.10.1995, p 7412.

1996 No 24 Financial Institutions (Miscellaneous Amendments) Act 1996. Assented to 21.6.1996.Date of commencement, 12.7.1996, sec 2 and GG No 84 of 12.7.1996, p 3984.

No 41 Liquor and Registered Clubs Legislation Amendment Act 1996. Assented to 27.6.1996.Date of commencement, 1.10.1996, sec 2 and GG No 110 of 27.9.1996, p 6518.

No 42 Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996. Assented to 27.6.1996.Date of commencement, 1.10.1996, sec 2 and GG No 110 of 27.9.1996, p 6519.

No 43 Liquor and Registered Clubs Legislation Amendment (Minors’ Entertainment) Act 1996. Assented to 27.6.1996.Date of commencement, 1.10.1996, sec 2 and GG No 110 of 27.9.1996, p 6520.

No 103 Liquor and Registered Clubs Legislation Further Amendment Act 1996. Assented to 26.11.1996.Date of commencement of Sch 2 [1], [5]–[8] and [11], 1.3.1997, sec 2 (1) and GG No 22 of 28.2.1997, p 999; date of commencement of Sch 2 [2]–[4] and [10], 6.3.1998, sec 2 (1) and GG No 48 of 6.3.1998, p 1290; date of commencement of Sch 2 [9], 1.4.1997, sec 2 (1) and GG No 22 of 28.2.1997, p 999.

1997 No 37 State Revenue Legislation Amendment Act 1997. Assented to 25.6.1997.Date of commencement of Sch 5, 1.2.1998, sec 2 (2).

No 44 Liquor and Registered Clubs Legislation Amendment (Monitoring and Links) Act 1997. Assented to 1.7.1997.Date of commencement of Schs 3 [1]–[4] and [9]–[12] and 4, 6.3.1998, sec 2 and GG No 48 of 6.3.1998, p 1289; date of commencement of Sch 3 [5]–[8], 1.12.1997, sec 2 and GG No 119 of 7.11.1997, p 8951.

No 73 Registered Clubs and Liquor Legislation Amendment Act 1997. Assented to 10.7.1997.Date of commencement of Schs 1 and 2 [1]–[3], [8], 1.8.1997, sec 2 and GG No 86 of 1.8.1997, p 5834; date of commencement of Sch 2 [4]–[7], 1.9.1997, sec 2 and GG No 95 of 29.8.1997, p 6644.

No 147 Statute Law (Miscellaneous Provisions) Act (No 2) 1997. Assented to 17.12.1997.Date of commencement of Sch 3, 3 months after assent, sec 2 (3).

No 151 Totalizator Legislation Amendment Act 1997. Assented to 17.12.1997.Date of commencement of Sch 4, 6.3.1998, sec 2 and GG No 48 of 6.3.1998, p 1292.

Page 84



No 155 Liquor and Registered Clubs Legislation Amendment Act 1997. Assented to 19.12.1997.Date of commencement of Schs 4 (Sch 4 [10] excepted) and 5, 10.1.1998, sec 2 and GG No 4 of 9.1.1998, p 140; Sch 4 [10] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2002 No 112.

1998 No 12 Liquor and Registered Clubs Legislation Amendment (Community Partnership) Act 1998. Assented to 15.5.1998.Date of commencement of Sch 3 (Sch 3 [2], [5], [8], [11] and [13] excepted), 29.5.1998, sec 2 and GG No 87 of 29.5.1998, p 3914; date of commencement of Sch 3 [2], 10.8.1998, sec 2 and GG No 117 of 7.8.1998, p 5969; date of commencement of Sch 3 [5] and [13], 29.6.1998, sec 2 and GG No 97 of 26.6.1998, p 4424; date of commencement of Sch 3 [8], 28.8.1998, sec 2 and GG No 126 of 28.8.1998, p 6529 (The proclamation appointed 21.8.1998 as the date of commencement. Pursuant to section 23 (5) of the Interpretation Act 1987, the proclamation does not fail merely because it was not published in the Gazette until after the day appointed in the proclamation, but section 23 (5) provides, in that event, for that provision of the Act to commence on the day on which the proclamation was published in the Gazette.); date of commencement of Sch 3 [11], 1.12.1998, sec 2 and GG No 126 of 28.8.1998, p 6529.

No 29 Darling Harbour Authority Amendment and Repeal Act 1998. Assented to 15.6.1998.Date of commencement of Sch 2, 10.7.1998, sec 2 (1) and GG No 105 of 10.7.1998, p 5326.

No 54 Statute Law (Miscellaneous Provisions) Act 1998. Assented to 30.6.1998.Date of commencement of Sch 3, assent, sec 2 (1).

No 113 Unlawful Gambling Act 1998. Assented to 9.11.1998.Date of commencement, 1.3.1999, sec 2 (1) and GG No 25 of 26.2.1999, p 979.

No 120 Statute Law (Miscellaneous Provisions) Act (No 2) 1998. Assented to 26.11.1998.Date of commencement of Sch 2, assent, sec 2 (1).

No 151 Liquor and Registered Clubs Legislation Amendment (Gaming) Act 1998. Assented to 14.12.1998.Date of commencement of Sch 2, 29.5.1998, sec 2 (3).

1999 No 12 Liquor and Registered Clubs Legislation Amendment Act 1999. Assented to 9.6.1999.Date of commencement, 1.8.1999, sec 2 and GG No 86 of 30.7.1999, p 5226.

No 27 Liquor and Registered Clubs Legislation Further Amendment Act 1999. Assented to 7.7.1999.Date of commencement of Sch 2, 1.10.1999, sec 2 and GG No 109 of 17.9.1999, p 8959.

No 31 Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999.Date of commencement of Sch 2.35, assent, sec 2 (2).

Page 85



No 49 Gambling Legislation Amendment (Responsible Gambling) Act 1999. Assented to 2.11.1999.Date of commencement of Sch 6 [1]–[3] and [5]–[7], 10.12.1999, sec 2 and GG No 139 of 10.12.1999, p 11757; Sch 6 [4] and [9] were not commenced and were repealed by the Gaming Machines Act 2001 No 127; date of commencement of Sch 6 [8] and [10], 14.4.2000, sec 2 and GG No 46 of 14.4.2000, p 3199.

No 85 Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999.Date of commencement of Sch 2.52, assent, sec 2 (2); date of commencement of Sch 4, assent, sec 2 (1).

2000 No 13 Gambling Legislation Amendment (Gaming Machine Restrictions) Act 2000. Assented to 9.5.2000.Date of commencement, assent, sec 2.

No 44 Intergovernmental Agreement Implementation (GST) Act 2000. Assented to 27.6.2000.Date of commencement of Sch 8, 1.7.2000, sec 2 (2).

No 62 Liquor and Registered Clubs Legislation Amendment Act 2000. Assented to 5.7.2000.Date of commencement of Sch 2 (except Sch 2 [2] to the extent that it inserts a definition of “employee” in sec 4 (1)), 1.9.2000, sec 2 (2) and GG No 109 of 25.8.2000, p 7902; Sch 2 [2] (to the extent that it inserts a definition of “employee” in sec 4 (1)) was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2000 No 93.

No 93 Statute Law (Miscellaneous Provisions) Act (No 2) 2000. Assented to 8.12.2000.Date of commencement of Sch 1.19, assent, sec 2 (2).

2001 No 34 Corporations (Consequential Amendments) Act 2001. Assented to 28.6.2001.Date of commencement of Sch 4.51, 15.7.2001, sec 2 (1) and Commonwealth Gazette No S 285 of 13.7.2001.

No 72 Gaming Machine Tax Act 2001. Assented to 25.10.2001.Date of commencement, 1.12.2001, sec 2 and GG No 184 of 30.11.2001, p 9489.

No 73 Liquor and Registered Clubs Legislation Amendment Act 2001. Assented to 25.10.2001.Date of commencement of Sch 2 [1]–[3] [8] and [9], assent, sec 2 (1); Sch 2 [4]–[7] were not commenced and were repealed by the Gaming Machines Act 2001 No 127.

No 80 Apprenticeship and Traineeship Act 2001. Assented to 1.11.2001.Date of commencement, 1.1.2002, sec 2 and GG No 196 of 21.12.2001, p 10436.

No 88 Liquor and Registered Clubs Legislation Further Amendment Act 2001. Assented to 4.12.2001.Date of commencement of Sch 2 [1] and [3]–[5], assent, sec 2 (1); date of commencement of Sch 2 [2], 1.4.2002, sec 2 (2) and GG No 34 of 1.2.2002, p 604.

Page 86



No 121 Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001.Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978.

No 127 Gaming Machines Act 2001. Assented to 19.12.2001.Date of commencement of Sch 3, 2.4.2002, sec 2 and GG No 67 of 28.3.2002, p 1834.

2002 No 18 Gaming Machines Amendment Act 2002. Assented to 16.5.2002.Date of commencement of Sch 2, 1.6.2002, sec 2 and GG No 92 of 31.5.2002, p 3320.

No 38 Greyhound Racing Act 2002. Assented to 25.6.2002.Date of commencement of Sch 5, 10.2.2003, sec 2 and GG No 39 of 7.2.2003, p 762.

No 102 Gaming Machines Further Amendment Act 2002. Assented to 29.11.2002.Date of commencement, 1.1.2003, sec 2 and GG No 263 of 20.12.2002, p 10746.

No 103 Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002.Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356.

2003 No 13 Australian Crime Commission (New South Wales) Act 2003. Assented to 30.6.2003.Date of commencement of Sch 1.27, assent, sec 2 (1).

No 93 Registered Clubs Amendment Act 2003. Assented to 10.12.2003.Date of commencement of Sch 1 [1]–[8] and [9] (except to the extent that it inserts Div 6 of Part 4A), 9.4.2004, sec 2 and GG No 70 of 8.4.2004, p 1960; date of commencement of Sch 1 [9] (to the extent that it inserts Div 6 of Part 4A) [10] and [11], 13.2.2004, sec 2 and GG No 35 of 13.2.2004, p 614.

2004 No 23 Thoroughbred Racing Legislation Amendment Act 2004. Assented to 16.4.2004.Date of commencement, 1.7.2004, sec 2 and GG No 104 of 25.6.2004, p 4386.

No 55 Statute Law (Miscellaneous Provisions) Act 2004. Assented to 6.7.2004.Date of commencement of Sch 1.26, assent, sec 2 (2).

No 110 Smoke-free Environment Amendment Act 2004. Assented to 15.12.2004.Date of commencement of Sch 2, 3.1.2005, sec 2 (1).

2006 No 58 Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006.Date of commencement of Sch 1.27, assent, sec 2 (2).

Page 87



No 103 Registered Clubs Amendment Act 2006. Assented to 27.11.2006.Date of commencement of Sch 1 [1]–[10] [12] [13] [27]–[33] [38]–[43] [49]–[52] and [54], 21.12.2007, sec 2 and GG No 185 of 21.12.2007, p 9817; Sch 1 [11] was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 2008 No 62; Sch 1 [14] and [15] were not commenced and were repealed by the Clubs, Liquor and Gaming Machines Legislation Amendment Act 2011 No 72; date of commencement of Sch 1 [16]–[26] [34]–[37] [44]–[48] and [53], 22.12.2006, sec 2 and GG No 189 of 22.12.2006, p 11547.

2007 No 92 Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007. Assented to 13.12.2007.Date of commencement of Sch 2, 1.7.2008, sec 2 and GG No 76 of 27.6.2008, p 5867.

No 94 Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007.Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. The amendments were without effect as the provisions being amended were amended by the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007.

No 99 Road Transport Legislation (Breath Testing and Analysis) Act 2007. Assented to 13.12.2007.Date of commencement of Sch 3, 25.1.2008, sec 2 (1) and GG No 10 of 25.1.2008, p 149.

2008 No 52 Australian Jockey Club Act 2008. Assented to 1.7.2008.Date of commencement, assent, sec 2.

No 62 Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008.Date of commencement of Sch 3, assent, sec 2 (2).

No 65 Sporting Venues Authorities Act 2008. Assented to 1.7.2008.Date of commencement, 11.7.2008, sec 2 and GG No 87 of 11.7.2008, p 6882.

2009 No 56 Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009.Date of commencement of Sch 1.34, 30.6.2009, Sch 1.34; date of commencement of Sch 2.50, 17.7.2009, sec 2 (2).

No 72 Liquor and Registered Clubs Legislation Amendment Act 2009. Assented to 28.10.2009.Date of commencement, assent, sec 2.

2010 No 19 Relationships Register Act 2010. Assented to 19.5.2010.Date of commencement of Sch 3, assent, sec 2 (2).

No 93 Australian Jockey and Sydney Turf Clubs Merger Act 2010. Assented to 16.11.2010.Date of commencement of Sch 3, 7.2.2011, sec 2 (2) and 2011 (43) LW 4.2.2011.

Page 88



Table of amendmentsNo reference is made to certain amendments made by Schedule 3 (amendments replacing gender-specificlanguage) to the Statute Law (Miscellaneous Provisions) Act (No 2) 1997.

2011 No 72 Clubs, Liquor and Gaming Machines Legislation Amendment Act 2011. Assented to 28.11.2011.Date of commencement of Sch 1 [1] and [2], 1.3.2012, sec 2 (1) and 2012 (64) LW 1.3.2012; date of commencement of Sch 1 [3]–[13] [18]–[23] [25]–[27] [33]–[35] [37] and [39], assent, sec 2 (2); date of commencement of Sch 1 [14]–[17] (except to the extent that it inserts secs 17AJ, 17AM and 17AO) [24] [28]–[32] and [36], 30.3.2012, sec 2 (1) and 2012 (123) LW 30.3.2012; date of commencement of Sch 1 [17] (to the extent that it inserts secs 17AJ, 17AM and 17AO) and [38], 20.1.2012, sec 2 (1) and 2012 (3) LW 13.1.2012.

Long title Am 1982 No 149, Sch 1 (1); 2007 No 92, Sch 2 [1].

Sec 1 Am 2007 No 92, Sch 2 [2]; 2011 No 72, Sch 1 [1].

Sec 2 Am 1982 No 149, Sch 1 (2).

Sec 3 Am 1982 No 149, Sch 1 (3). Rep 1984 No 153, Sch 12 (1). Ins 1996 No 41, Sch 2 [1]. Am 1999 No 49, Sch 6 [1]. Rep 2007 No 92, Sch 2 [3].

Sec 3A Ins 1999 No 49, Sch 6 [2]. Rep 2001 No 127, Sch 3 [1].

Sec 4 Am 1978 No 68, Sch 5 (1); 1982 No 149, Sch 1 (4); 1985 No 71, Sch 1 (1); 1985 No 78, Sch 1 (1); 1986 No 78, Sch 1 (1) (am 1986 No 218, Sch 47); 1987 No 48, Sch 31; 1988 No 93, Sch 1; 1990 No 29, Schs 1 (1), 2 (1), 3 (1); 1992 No 48, Sch 1; 1993 No 29, Schs 1 (1), 2 (1), 3 (1), 5 (1); 1994 No 43, Sch 1 (7); 1994 No 50, Sch 1 (1); 1995 No 11, Sch 1.109 [1] [2]; 1995 No 37, Sch 1 [1]–[3]; 1996 No 41, Sch 2 [2] [3]; 1996 No 42, Sch 2 [1]; 1996 No 43, Sch 2 [1]; 1996 No 103, Sch 2 [1] [2]; 1997 No 44, Sch 3 [1]; 1997 No 151, Sch 4 [1]; 1997 No 155, Sch 4 [1] [2]; 1998 No 29, Sch 2.9; 1999 No 27, Sch 2 [1] [2]; 1999 No 31, Sch 2.35 [1]; 2000 No 62, Sch 2 [1]–[3]; 2001 No 72, Sch 4 [1]; 2001 No 121, Sch 2.178 [1]; 2001 No 127, Sch 3 [2] [3]; 2002 No 103, Sch 4.78. Subst 2007 No 92, Sch 2 [4]. Am 2010 No 19, Sch 3.89 [1]; 2011 No 72, Sch 1 [1]–[4].

Sec 4A Ins 1993 No 29, Sch 5 (2). Am 1996 No 42, Sch 2 [2] [3]; 2001 No 127, Sch 3 [4]. Rep 2007 No 92, Sch 2 [3].

Sec 4AA Ins 1994 No 43, Sch 1 (1). Am 1996 No 41, Sch 2 [4]–[6]. Rep 1997 No 155, Sch 4 [3]. Ins 1998 No 12, Sch 3 [1]. Rep 2007 No 92, Sch 2 [3].

Sec 5 Am 1982 No 149, Sch 9; 1985 No 71, Sch 1 (2). Rep 2007 No 92, Sch 2 [3].

Sec 5A Ins 1985 No 71, Sch 1 (3). Am 1988 No 93, Sch 5 (1). Rep 2007 No 92, Sch 2 [3].

Sec 6 Am 1982 No 149, Sch 1 (5). Rep 2007 No 92, Sch 2 [3].

Sec 6A Ins 1990 No 29, Sch 1 (2). Am 2006 No 58, Sch 1.27; 2011 No 72, Sch 1 [5] [6].

Part 2, heading Am 2007 No 92, Sch 2 [5]; 2011 No 72, Sch 1 [7].

Part 2, Div 1, heading

Am 1982 No 149, Sch 2 (1); 2007 No 92, Sch 2 [6].

Sec 7 Am 1982 No 149, Sch 9 (am 1984 No 153, Sch 16). Rep 2007 No 92, Sch 2 [3].

Page 89



Sec 8 Am 1978 No 68, Schs 5 (2), 6 (1). Rep 1982 No 149, Sch 2 (2).

Sec 9 Am 1978 No 68, Sch 6 (2); 1981 No 69, Sch 1 (1); 1982 No 149, Schs 2 (3), 9; 1990 No 29, Sch 3 (2); 1994 No 43, Sch 1 (2); 1996 No 41, Sch 2 [7]. Rep 2007 No 92, Sch 2 [3].

Sec 9A Ins 1980 No 25, Sch 1 (1). Subst 1982 No 149, Sch 2 (4). Am 1986 No 78, Sch 1 (1); 1990 No 29, Schs 2 (2), 4; 1990 No 43, Sch 1 (1); 1993 No 29, Sch 5 (3); 1996 No 41, Sch 2 [8]; 1997 No 44, Sch 3 [2]; 1999 No 49, Sch 6 [3]; 2000 No 62, Sch 2 [4]; 2001 No 127, Sch 3 [5]–[9]. Rep 2007 No 92, Sch 2 [3].

Sec 10 Am 1981 No 123, Sch 8; 1982 No 149, Sch 9; 1986 No 78, Sch 2 (1); 1990 No 29, Sch 3 (3); 1993 No 29, Sch 5 (4); 1994 No 50, Sch 1 (2); 2001 No 34, Sch 4.51 [1]; 2001 No 127, Sch 3 [10]–[13]; 2002 No 102, Sch 2 [1]–[3]; 2003 No 93, Sch 1 [1]; 2006 No 103, Sch 1 [1]; 2007 No 92, Sch 2 [7]–[9]; 2008 No 65, Sch 6.4 [1]; 2009 No 72, Sch 2 [1]–[3]; 2011 No 72, Sch 1 [8]–[13].

Sec 11 Am 1978 No 68, Sch 7; 1982 No 149, Schs 2 (5), 9; 1985 No 71, Sch 1 (4); 2007 No 92, Sch 2 [9]–[11]. Rep 2009 No 72, Sch 2 [4].

Sec 12 Am 1982 No 149, Sch 9; 2007 No 92, Sch 2 [9].

Sec 13 Am 2009 No 72, Sch 2 [5].

Sec 14 Am 1978 No 68, Schs 5 (3), 6 (3). Subst 1982 No 149, Sch 2 (6). Am 1985 No 71, Sch 1 (5); 1993 No 29, Sch 5 (5); 1994 No 43, Sch 1 (5). Rep 2007 No 92, Sch 2 [3].

Sec 15 Am 1978 No 68, Schs 5 (4), 6 (4); 1979 No 151, sec 3; 1981 No 69, Sch 1 (2); 1982 No 50, sec 2 (am 1984 No 153, Sch 16); 1982 No 149, Sch 2 (7); 1985 No 71, Sch 1 (6); 1987 No 2, Sch 1 (1); 1987 No 209, Sch 44; 1992 No 48, Sch 1; 1993 No 56, Sch 1 (1); 1994 No 50, Sch 1 (3). Rep 1997 No 155, Sch 4 [4].

Sec 15A Ins 1992 No 48, Sch 1. Rep 1997 No 155, Sch 4 [4].

Sec 15AA Ins 1994 No 43, Sch 1 (21). Rep 1997 No 155, Sch 4 [4].

Sec 16 Am 1978 No 68, Sch 6 (5); 1981 No 69, Sch 1 (3). Subst 1982 No 149, Sch 2 (8). Am 1993 No 29, Sch 5 (6); 1993 No 57, Sch 1 (1); 1997 No 155, Sch 4 [5]. Rep 2007 No 92, Sch 2 [3].

Sec 17 Am 1980 No 25, Sch 1 (2); 1982 No 149, Schs 2 (9), 9; 1984 No 153, Sch 12 (2); 1985 No 71, Sch 1 (7); 1985 No 78, Sch 1 (2); 1986 No 78, Sch 2 (2); 1987 No 2, Sch 1 (2); 1987 No 48, Sch 31; 1989 No 226, Sch 1; 1990 No 29, Schs 2 (3), 3 (4); 1990 No 43, Sch 1 (2); 1993 No 29, Sch 5 (7); 1993 No 56, Sch 1 (2); 1993 No 57, Sch 1 (2); 1994 No 43, Sch 1 (8); 1994 No 50, Sch 1 (4); 1995 No 11, Sch 1.109 [3]; 1996 No 41, Sch 2 [9]–[13]; 1996 No 42, Sch 2 [4]–[7]; 1996 No 43, Sch 2 [2]; 1997 No 155, Schs 4 [6], 5 [1]; 1999 No 49, Sch 6 [5]; 2001 No 127, Sch 3 [14]; 2006 No 103, Sch 1 [2]. Rep 2007 No 92, Sch 2 [3].

Sec 17AAA Ins 1993 No 57, Sch 1 (3). Rep 2007 No 92, Sch 2 [3].

Sec 17AA Ins 1990 No 43, Sch 1 (3). Am 1993 No 29, Sch 5 (8); 1994 No 43, Sch 1 (6) (9); 1994 No 50, Sch 1 (5); 1995 No 37, Sch 1 [4] [5]; 1996 No 41, Sch 2 [14] [15]; 1999 No 12, Sch 2 [1]–[4]; 2000 No 62, Sch 2 [5]. Rep 2007 No 92, Sch 2 [3].

Secs 17AAB–17AAE

Ins 1996 No 42, Sch 2 (8). Rep 2007 No 92, Sch 2 [3].

Part 2, Div 1A Ins 1993 No 56, Sch 1 (3). Rep 1997 No 155, Sch 4 [7]. Ins 2001 No 127, Sch 3 [15].

Page 90



Sec 17AB Ins 1993 No 56, Sch 1 (3). Rep 1997 No 155, Sch 4 [7]. Ins 2001 No 127, Sch 3 [15]. Subst 2007 No 92, Sch 2 [12]; 2011 No 72, Sch 1 [14].

Sec 17AC Ins 1993 No 56, Sch 1 (3). Rep 1997 No 155, Sch 4 [7]. Ins 2001 No 127, Sch 3 [15]. Am 2006 No 103, Sch 1 [3] [4]; 2007 No 92, Sch 2 [13]–[15]; 2011 No 72, Sch 1 [15].

Sec 17AD Ins 1993 No 56, Sch 1 (3). Rep 1997 No 155, Sch 4 [7]. Ins 2001 No 127, Sch 3 [15]. Rep 2006 No 103, Sch 1 [5].

Sec 17AE Ins 1993 No 56, Sch 1 (3). Rep 1997 No 155, Sch 4 [7]. Ins 2001 No 127, Sch 3 [15]. Am 2006 No 103, Sch 1 [6] [7]; 2007 No 92, Sch 2 [16].

Sec 17AEA Ins 2007 No 92, Sch 2 [17].

Sec 17AEB Ins 2007 No 92, Sch 2 [17]. Am 2011 No 72, Sch 1 [16].

Sec 17AF Ins 1993 No 56, Sch 1 (3). Rep 1997 No 155, Sch 4 [7]. Ins 2001 No 127, Sch 3 [15]. Am 2006 No 103, Sch 1 [8] [9].

Sec 17AG Ins 1993 No 56, Sch 1 (3). Am 1994 No 43, Sch 1 (24). Rep 1997 No 155, Sch 4 [7]. Ins 2001 No 127, Sch 3 [15]. Rep 2006 No 103, Sch 1 [10].

Sec 17AH Ins 2001 No 127, Sch 3 [15]. Am 2002 No 102, Sch 2 [4]; 2007 No 92, Sch 2 [9].

Sec 17AI Ins 2001 No 127, Sch 3 [15]. Am 2006 No 103, Sch 1 [12]; 2007 No 92, Sch 2 [14] [18].

Part 2, Div 1B (secs 17AJ–17AO)

Ins 2011 No 72, Sch 1 [17].


Am 2007 No 92, Sch 2 [19].

Sec 17A Ins 1985 No 71, Sch 1 (8). Am 1988 No 93, Sch 5 (2); 1990 No 29, Sch 3 (2); 1994 No 43, Sch 1 (3); 2001 No 127, Sch 3 [16]. Rep 2007 No 92, Sch 2 [3].

Sec 18 Am 1980 No 25, Sch 1 (3); 1982 No 149, Schs 2 (10), 9; 1985 No 71, Sch 1 (9); 1990 No 29, Schs 2 (4), 3 (5); 1993 No 29, Sch 5 (9); 1997 No 155, Sch 5 [2]; 2001 No 73, Sch 2 [1]. Rep 2007 No 92, Sch 2 [3].

Sec 19 Am 1982 No 149, Sch 9; 1990 No 29, Sch 3 (2); 1997 No 155, Sch 5 [3]. Rep 2007 No 92, Sch 2 [3].

Sec 19A Ins 1985 No 71, Sch 1 (10). Am 1990 No 29, Sch 3 (2); 1997 No 155, Sch 5 [4]. Rep 2007 No 92, Sch 2 [3].

Sec 20 Am 1982 No 149, Schs 2 (11), 9; 1985 No 71, Sch 1 (11). Subst 1990 No 29, Sch 3 (6). Rep 2007 No 92, Sch 2 [3].

Sec 20A Ins 1982 No 149, Sch 2 (12). Am 1990 No 29, Sch 2 (4). Rep 1990 No 29, Sch 3 (7).

Sec 21 Am 1982 No 149, Sch 9; 1990 No 29, Sch 3 (2). Rep 2007 No 92, Sch 2 [3].

Sec 22 Am 1980 No 25, Sch 1 (4); 1982 No 149, Sch 9; 1990 No 29, Schs 2 (4), 3 (2). Subst 2007 No 92, Sch 2 [20].

Sec 22A Ins 1996 No 43, Sch 2 (3). Am 1997 No 155, Sch 5 [5]; 2001 No 127, Sch 3 [17]. Subst 2007 No 92, Sch 2 [21].

Page 91



Sec 23 Am 1978 No 68, Sch 1 (1) (am 1984 No 153, Sch 16); 1982 No 149, Schs 2 (13), 9 (am 1984 No 153, Sch 16); 1987 No 2, Sch 1 (3); 1989 No 11, Sch 1; 1989 No 92, Sch 2 (1); 1990 No 29, Sch 2 (5). Subst 1994 No 43, Sch 1 (10). Am 1996 No 43, Sch 2 (4) (5); 1997 No 73, Sch 2 [1]. Subst 2007 No 92, Sch 2 [22].

Sec 23A Ins 1994 No 43, Sch 1 (10). Am 1996 No 41, Sch 2 [16]; 1996 No 43, Sch 2 [6] [7]; 1997 No 155, Sch 4 [8]. Subst 2007 No 92, Sch 2 [23]. Am 2011 No 72, Sch 1 [5].

Sec 23AA Ins 1996 No 43, Sch 2 [8]. Am 1997 No 155, Sch 5 [6]; 2001 No 127, Sch 3 [17]. Rep 2007 No 92, Sch 2 [3].

Sec 23B Ins 1994 No 43, Sch 1 (10). Am 1996 No 41, Sch 2 [17]; 1996 No 42, Sch 2 [9]; 1996 No 43, Sch 2 [9]. Rep 2007 No 92, Sch 2 [3].


Part 2, Div 3 Rep 2007 No 92, Sch 2 [24].

Sec 25 Am 1978 No 68, Sch 2; 1980 No 25, Sch 1 (5); 1982 No 149, Schs 2 (15), 9; 1985 No 71, Sch 1 (12); 1988 No 93, Sch 5 (3); 1996 No 43, Sch 2 [10]; 2001 No 127, Sch 3 [13] [18]; 2006 No 103, Sch 1 [13]. Rep 2007 No 92, Sch 2 [24].

Sec 26 Am 1978 No 68, Sch 6 (6); 1981 No 69, Sch 1 (4); 1982 No 149, Schs 2 (16), 9; 1984 No 153, Sch 12 (3); 1985 No 71, Sch 1 (13); 1990 No 29, Schs 2 (6), 3 (8); 1993 No 29, Sch 5 (10); 1995 No 11, Sch 1.109 [4] [5]; 1996 No 41, Sch 2 [18] [19]; 1996 No 42, Sch 2 [10]; 1997 No 155, Sch 5 [7]; 2001 No 121, Sch 2.178 [2]. Rep 2007 No 92, Sch 2 [24].

Part 2, Div 4 Rep 2007 No 92, Sch 2 [24].

Sec 27 Am 1981 No 69, Sch 1 (5). Subst 1982 No 149, Sch 2 (17). Am 1993 No 29, Schs 5 (11), 7 (1); 1994 No 43, Sch 1 (23). Rep 1997 No 155, Sch 4 [9].

Sec 27A Ins 1987 No 2, Sch 1 (4). Am 1990 No 29, Sch 2 (7); 1993 No 29, Schs 5 (12), 7 (2). Rep 2007 No 92, Sch 2 [24].

Sec 27B Ins 1992 No 48, Sch 1. Am 1993 No 29, Sch 7 (2); 1993 No 108, Sch 2; 1994 No 50, Sch 1 (6). Rep 2007 No 92, Sch 2 [24].

Sec 28 Am 1982 No 149, Sch 2 (18); 1985 No 71, Sch 1 (14). Rep 2007 No 92, Sch 2 [24].

Sec 29 Subst 1978 No 68, Sch 6 (7); 1982 No 149, Sch 2 (19). Rep 2007 No 92, Sch 2 [24].

Sec 30 Am 1978 No 68, Schs 1 (2), 3, 8 (1); 1986 No 155, Sch 2 (1); 1993 No 29, Sch 5 (13); 1995 No 37, Sch 1 [6] [7]; 1996 No 43, Sch 2 [11]; 1997 No 73, Sch 1 [1] [2]; 1999 No 12, Sch 2 [5]; 1999 No 27, Sch 2 [3] [4]; 1999 No 31, Sch 2.35 [2]; 2001 No 73, Sch 2 [2]; 2001 No 127, Sch 3 [13] [19]; 2002 No 38, Sch 5.13; 2004 No 23, Sch 3.5; 2006 No 103, Sch 1 [16]–[23]; 2007 No 92, Sch 2 [25] [26]; 2008 No 52, Sch 2.2; 2008 No 65, Sch 6.4 [2]; 2009 No 72, Sch 2 [6] [7]; 2010 No 93, Sch 3.2; 2011 No 72, Sch 1 [18]–[24].

Sec 30A Ins 2006 No 103, Sch 1 [24]. Subst 2011 No 72, Sch 1 [25].

Sec 30B Ins 2009 No 72, Sch 2 [8].

Sec 31 Am 1978 No 68, Sch 8 (2); 1993 No 29, Sch 5 (14); 2001 No 127, Sch 3 [20]; 2006 No 103, Sch 1 [25]; 2009 No 72, Sch 2 [9]; 2011 No 72, Sch 1 [26].

Page 92



Sec 32 Am 1981 No 123, Sch 8; 1986 No 78, Sch 2 (3); 1993 No 29, Sch 7 (1); 1993 No 108, Sch 2; 1994 No 50, Sch 1 (7); 2001 No 34, Sch 4.51 [2]; 2007 No 92, Sch 2 [14].

Sec 33 Am 1982 No 149, Schs 3 (1), 9; 1986 No 78, Sch 2 (4); 1990 No 29, Sch 2 (4); 1993 No 29, Sch 5 (15) (am 1993 No 108, Sch 1); 1993 No 108, Sch 2; 1994 No 95, Sch 2; 1996 No 42, Sch 2 [11]–[13]; 1997 No 155, Sch 5 [8]; 2001 No 127, Sch 3 [21]. Subst 2007 No 92, Sch 2 [27].

Sec 33A Ins 2001 No 127, Sch 3 [22]. Am 2002 No 18, Sch 2.4 [1]; 2007 No 92, Sch 2 [28] [29].

Sec 34 Am 1981 No 123, Sch 8; 1982 No 149, Sch 9; 1993 No 29, Schs 5 (16), 7 (3); 1994 No 50, Sch 1 (8); 2001 No 34, Sch 4.51 [3]; 2007 No 92, Sch 2 [30].

Secs 34A–34D Ins 2003 No 93, Sch 1 [2]. Rep 2007 No 92, Sch 2 [3].

Sec 34E Ins 2003 No 93, Sch 1 [2]. Am 2006 No 103, Sch 1 [26]. Rep 2007 No 92, Sch 2 [3].

Sec 35 Am 1982 No 149, Schs 3 (2), 9; 1986 No 78, Sch 2 (5); 1990 No 29, Sch 2 (8); 1990 No 43, Sch 1 (4); 1993 No 29, Schs 5 (17), 7 (1); 1994 No 50, Sch 1 (9); 1996 No 42, Sch 2 [14] [15]; 2000 No 93, Sch 1.19 [1]–[8]. Rep 2007 No 92, Sch 2 [3].

Sec 35A Ins 1993 No 29, Sch 5 (18). Am 1996 No 42, Sch 2 [16]; 2003 No 93, Sch 1 [3]–[6]; 2007 No 92, Sch 2 [31]–[33]; 2011 No 72, Sch 1 [5].

Sec 36 Am 1982 No 149, Schs 3 (3), 9; 1985 No 71, Sch 1 (15); 1986 No 16, Sch 23; 1990 No 29, Sch 2 (9); 1990 No 43, Sch 1 (5); 1993 No 29, Sch 7 (4); 1993 No 57, Sch 1 (4); 1994 No 50, Sch 1 (10); 2007 No 92, Sch 2 [9] [30] [34]–[36].

Sec 37 Am 1978 No 68, Sch 8 (3); 1982 No 149, Schs 3 (4), 9; 1993 No 47, Sch 1. Rep 2006 No 103, Sch 1 [27].


Sec 38 Am 1981 No 123, Sch 8; 1994 No 50, Sch 1 (11); 2001 No 34, Sch 4.51 [4] [5]; 2006 No 103, Sch 1 [29] [30].

Sec 39 Am 1978 No 68, Sch 8 (4); 1981 No 123, Sch 8; 1982 No 149, Sch 3 (5); 1993 No 29, Sch 7 (1); 1994 No 50, Sch 1 (12); 1996 No 41, Sch 2 [20] [21]; 2001 No 34, Sch 4.51 [6]. Rep 2003 No 93, Sch 1 [7].

Sec 39A Ins 2001 No 127, Sch 3 [24]. Am 2002 No 18, Sch 2.4 [2]. Rep 2003 No 93, Sch 1 [8].

Sec 40 Am 1978 No 68, Sch 8 (5); 1980 No 25, Sch 1 (6); 1993 No 29, Sch 7 (5). Rep 2006 No 103, Sch 1 [31].

Sec 41 Am 1981 No 123, Sch 8; 1982 No 149, Sch 9 (am 1984 No 153, Sch 16); 1990 No 29, Sch 2 (4); 1994 No 43, Sch 1 (25); 2001 No 34, Sch 4.51 [7]; 2007 No 92, Sch 2 [9] [37].

Sec 41A Ins 1986 No 78, Sch 2 (6). Am 1990 No 29, Sch 2 (10); 2007 No 92, Sch 2 [9] [38].

Part 4A Ins 2003 No 93, Sch 1 [9].

Part 4A, Div 1 Ins 2003 No 93, Sch 1 [9].

Sec 41B Ins 2003 No 93, Sch 1 [9]. Am 2006 No 103, Sch 1 [32] [33]; 2007 No 92, Sch 2 [39]; 2010 No 19, Sch 3.89 [2].


Sec 41C Ins 2003 No 93, Sch 1 [9]. Am 2004 No 55, Sch 1.26 [1].

Page 93



Sec 41D Ins 2003 No 93, Sch 1 [9]. Am 2007 No 92, Sch 2 [40].

Sec 41E Ins 2003 No 93, Sch 1 [9]. Am 2006 No 103, Sch 1 [34]–[37]; 2011 No 72, Sch 1 [5].

Sec 41F Ins 2003 No 93, Sch 1 [9]. Am 2006 No 103, Sch 1 [34] [36].

Part 4A, Div 3 Ins 2003 No 93, Sch 1 [9]. Rep 2006 No 103, Sch 1 [38].

Sec 41G Ins 2003 No 93, Sch 1 [9]. Rep 2006 No 103, Sch 1 [38].

Sec 41H Ins 2003 No 93, Sch 1 [9]. Am 2004 No 55, Sch 1.26 [2] [3]. Rep 2006 No 103, Sch 1 [38].

Sec 41I Ins 2003 No 93, Sch 1 [9]. Rep 2006 No 103, Sch 1 [38].


Sec 41J Ins 2003 No 93, Sch 1 [9]. Subst 2006 No 103, Sch 1 [39]. Am 2011 No 72, Sch 1 [27].

Sec 41K Ins 2003 No 93, Sch 1 [9].

Sec 41L Ins 2003 No 93, Sch 1 [9]. Am 2007 No 92, Sch 2 [41].

Secs 41M, 41N Ins 2003 No 93, Sch 1 [9].

Sec 41O Ins 2003 No 93, Sch 1 [9]. Rep 2006 No 103, Sch 1 [40]. Ins 2011 No 72, Sch 1 [28].

Sec 41P Ins 2003 No 93, Sch 1 [9]. Am 2011 No 72, Sch 1 [29].


Sec 41Q Ins 2003 No 93, Sch 1 [9]. Am 2006 No 103, Sch 1 [41] [42]; 2011 No 72, Sch 1 [5].

Sec 41R Ins 2003 No 93, Sch 1 [9]. Am 2006 No 103, Sch 1 [43]; 2011 No 72, Sch 1 [5].

Sec 41S Ins 2003 No 93, Sch 1 [9]. Am 2011 No 72, Sch 1 [5] [30] [31].

Sec 41T Ins 2003 No 93, Sch 1 [9]. Am 2011 No 72, Sch 1 [32].

Secs 41U, 41V Ins 2003 No 93, Sch 1 [9].

Part 4A, Div 6 Ins 2003 No 93, Sch 1 [9]. Rep 2011 No 72, Sch 1 [33].

Secs 41W, 41X Ins 2003 No 93, Sch 1 [9]. Rep 2011 No 72, Sch 1 [33].

Sec 41Y Ins 2003 No 93, Sch 1 [9]. Am 2008 No 62, Sch 3.9. Rep 2011 No 72, Sch 1 [33].

Sec 41Z Ins 2003 No 93, Sch 1 [9]. Rep 2011 No 72, Sch 1 [33].

Sec 41ZA Ins 2003 No 93, Sch 1 [9]. Am 2007 No 92, Sch 2 [42] [43]. Rep 2011 No 72, Sch 1 [33].


Sec 41ZB Ins 2003 No 93, Sch 1 [9]. Am 2006 No 103, Sch 1 [44] [45].

Sec 41ZC Ins 2003 No 93, Sch 1 [9].

Part 5, heading Am 1996 No 42, Sch 2 (17). Rep 2007 No 92, Sch 2 [44].

Part 5 Rep 2007 No 92, Sch 2 [44].

Sec 42 Subst 1982 No 149, Sch 4. Am 1994 No 43, Sch 1 (11). Rep 2007 No 92, Sch 2 [44].

Sec 42A Ins 1982 No 149, Sch 4. Am 2001 No 121, Sch 2.178 [3] [4]. Rep 2007 No 92, Sch 2 [44].

Page 94



Sec 42B Ins 1982 No 149, Sch 4. Am 1994 No 43, Sch 1 (12); 1996 No 42, Sch 2 [18]; 2001 No 73, Sch 2 [3]; 2001 No 127, Sch 3 [25]. Rep 2007 No 92, Sch 2 [44].

Sec 42C Ins 1996 No 42, Sch 2 [19]. Rep 2007 No 92, Sch 2 [44].

Sec 43 Am 1980 No 25, Sch 1 (7); 1982 No 149, Sch 5 (1); 1996 No 43, Sch 2 [12]; 2001 No 127, Sch 3 [26]. Rep 2007 No 92, Sch 2 [3].

Sec 43A Ins 1993 No 29, Sch 5 (19). Am 2001 No 127, Sch 3 [13].

Sec 44 Am 1982 No 149, Sch 5 (2); 1989 No 92, Sch 2 (2). Rep 2007 No 92, Sch 2 [3].

Sec 44A Ins 1993 No 29, Sch 5 (20). Am 1996 No 41, Sch 2 [22]; 1996 No 42, Sch 2 [20] [21]. Rep 2007 No 92, Sch 2 [3].

Sec 44B Ins 1996 No 41, Sch 2 [23]. Rep 2007 No 92, Sch 2 [3].


Sec 44D Ins 1999 No 49, Sch 6 [6]. Rep 2001 No 127, Sch 3 [28].

Sec 45 Am 1978 No 68, Sch 8 (6); 1980 No 25, Sch 1 (8); 1993 No 29, Sch 5 (21) (am 1993 No 108, Sch 1); 1994 No 43, Sch 1 (26); 1997 No 155, Sch 5 [9]; 1999 No 27, Sch 2 [5] [6]; 2001 No 80, Sch 3.6 [1]; 2006 No 103, Sch 1 [46] [47]; 2007 No 92, Sch 2 [45] [46]; 2009 No 72, Sch 2 [10] [11]; 2011 No 72, Sch 1 [34].

Sec 45A Ins 1980 No 25, Sch 1 (9). Am 1989 No 92, Sch 2 (3).

Sec 46 Am 1980 No 25, Sch 1 (10); 1983 No 67, Sch 1 (1); 1989 No 92, Sch 1 (1); 1989 No 92, Sch 2 (4). Rep 2007 No 92, Sch 2 [3].

Sec 47 Am 1993 No 29, Sch 4 (1); 1994 No 50, Sch 1 (13).

Sec 48 Am 1982 No 149, Schs 5 (3), 9 (am 1984 No 153, Sch 16); 1990 No 29, Sch 2 (11); 1990 No 108, Sch 2; 1993 No 29, Sch 4 (2). Subst 1994 No 43, Sch 1 (4). Rep 2007 No 92, Sch 2 [3].

Sec 48A Ins 1994 No 43, Sch 1 (4). Rep 2001 No 127, Sch 3 [29].

Sec 49 Am 1978 No 68, Sch 8 (7); 1982 No 149, Schs 5 (4), 9; 1990 No 29, Sch 2 (12); 1993 No 29, Sch 4 (3). Subst 2006 No 103, Sch 1 [48]. Am 2011 No 72, Sch 1 [5].

Sec 50 Am 1980 No 25, Sch 1 (11); 1982 No 149, Sch 5 (5); 1985 No 153, Sch 12 (4); 1989 No 92, Sch 2 (5); 1993 No 29, Schs 4 (4), 5 (22); 1994 No 43, Sch 1 (13); 1996 No 41, Sch 2 [24]–[26]; 1997 No 155, Sch 5 [10]; 2001 No 80, Sch 3.6 [2]. Rep 2007 No 92, Sch 2 [3].

Sec 50A Ins 1980 No 25, Sch 1 (12). Am 1989 No 92, Sch 2 (6); 1993 No 29, Sch 4 (5); 1996 No 41, Sch 2 [27] [28]; 1997 No 155, Sch 5 [11]; 2001 No 80, Sch 3.6 [3]. Rep 2001 No 127, Sch 3 [30].

Sec 50B Ins 1980 No 25, Sch 1 (12). Am 1989 No 92, Sch 2 (7); 1993 No 29, Schs 4 (6), 5 (23); 1993 No 108, Sch 2; 2001 No 127, Sch 3 [31] [32]; 2007 No 92, Sch 2 [47].

Sec 51 Am 1980 No 25, Sch 1 (13); 1988 No 93, Sch 5 (4); 1993 No 29, Sch 7 (4); 1994 No 43, Sch 1 (26); 1997 No 155, Sch 5 [9]; 2000 No 62, Sch 2 [6]; 2001 No 80, Sch 3.6 [4]; 2001 No 127, Sch 3 [33]. Rep 2007 No 92, Sch 2 [3].



Page 95



Sec 52 Am 1978 No 68, Sch 1 (3); 1980 No 25, Sch 1 (14); 1982 No 149, Sch 5 (6); 1988 No 93, Sch 5 (5); 1993 No 29, Sch 7 (1); 1994 No 43, Sch 1 (26); 1997 No 155, Sch 5 [12]; 2001 No 80, Sch 3.6 [5]. Rep 2007 No 92, Sch 2 [3].

Sec 52AA Ins 1999 No 27, Sch 2 [9]. Am 2001 No 127, Sch 3 [34] [35]. Rep 2007 No 92, Sch 2 [3].


Sec 52B Ins 1989 No 92, Sch 1 (2). Am 1993 No 29, Sch 4 (7); 1996 No 41, Sch 2 [29]. Rep 2007 No 92, Sch 2 [3].

Sec 52C Ins 1990 No 115, Sch 1 (1). Rep 2007 No 92, Sch 2 [3].

Sec 53 Am 1980 No 25, Sch 1 (15); 1989 No 92, Sch 2 (8); 1996 No 41, Sch 2 [30]. Rep 2007 No 92, Sch 2 [3].

Sec 54 Am 1978 No 68, Sch 1 (4); 1980 No 25, Sch 1 (16); 1989 No 92, Sch 2 (9); 1993 No 29, Sch 4 (8); 2001 No 127, Sch 3 [13]. Rep 2007 No 92, Sch 2 [3].

Sec 54A Ins 1985 No 13, sec 2. Am 1985 No 227, Sch 1; 1993 No 29, Sch 7 (1); 1996 No 42, Sch 2 [22] [23]. Rep 2007 No 92, Sch 2 [3].

Sec 54B Ins 1994 No 43, Sch 1 (14). Am 1997 No 73, Sch 2 [2]; 1998 No 113, Sch 2.13 [1]; 2001 No 127, Sch 3 [36]. Rep 2007 No 92, Sch 2 [3].

Secs 54C, 54D Ins 1999 No 49, Sch 6 [7]. Rep 2007 No 92, Sch 2 [3].

Sec 55 Am 1982 No 149, Sch 5 (7); 1990 No 115, Sch 1 (2); 1993 No 29, Sch 4 (9). Subst 1996 No 41, Sch 2 [31]. Am 1996 No 42, Sch 2 [24]; 1999 No 27, Sch 2 [10]; 2001 No 88, Sch 2 [1]. Rep 2007 No 92, Sch 2 [3].

Sec 56 Am 1978 No 68, Sch 4; 1986 No 78, Sch 2 (7). Subst 1997 No 73, Sch 2 [3]. Am 2007 No 92, Sch 2 [48].

Sec 57 Am 1980 No 25, Sch 1 (17); 1989 No 92, Sch 1 (3). Subst 1990 No 115, Sch 1 (3). Am 1993 No 29, Sch 5 (25). Rep 2007 No 92, Sch 2 [3].

Sec 57A Ins 1990 No 115, Sch 1 (3). Rep 1994 No 43, Sch 1 (15).

Sec 57B Ins 1990 No 115, Sch 1 (3). Am 1994 No 43, Sch 1 (16); 1998 No 120, Sch 2.28. Rep 2007 No 92, Sch 2 [3].


Sec 57D Ins 2001 No 88, Sch 2 [2]. Rep 2007 No 92, Sch 2 [3].

Part 6A Ins 2007 No 92, Sch 2 [49].

Sec 57E Ins 2007 No 92, Sch 2 [49].

Sec 57F Ins 2007 No 92, Sch 2 [49]. Am 2011 No 72, Sch 1 [5].

Sec 57G Ins 2007 No 92, Sch 2 [49].

Sec 57H Ins 2007 No 92, Sch 2 [49]. Am 2011 No 72, Sch 1 [5].

Secs 57I–57L Ins 2007 No 92, Sch 2 [49].

Part 7, heading Am 1990 No 29, Sch 2 (13). Rep 2007 No 92, Sch 2 [50].

Part 7 Rep 2007 No 92, Sch 2 [50].

Sec 58 Am 1982 No 149, Schs 6 (1), 9; 1989 No 92, Sch 1 (4); 1989 No 92, Sch 2 (10); 1990 No 29, Sch 2 (14); 1993 No 29, Sch 5 (26); 1996 No 42, Sch 2 [25] [26]. Rep 2007 No 92, Sch 2 [50].

Sec 59 Am 1982 No 149, Sch 6 (2). Rep 1990 No 29, Sch 2 (15). Ins 1996 No 42, Sch 2 [27]. Rep 2007 No 92, Sch 2 [50].

Page 96



Part 7A Ins 1993 No 29, Sch 2 (2). Rep 2007 No 92, Sch 2 [51].

Sec 59A Ins 1993 No 29, Sch 2 (2). Am 1995 No 37, Sch 1 [8] [11]. Rep 2007 No 92, Sch 2 [51].

Sec 59B Ins 1993 No 29, Sch 2 (2). Am 1995 No 37, Sch 1 [9] [11]. Rep 2007 No 92, Sch 2 [51].

Sec 59C Ins 1993 No 29, Sch 2 (2). Am 1995 No 37, Sch 1 [11]. Rep 2001 No 127, Sch 3 [37].

Sec 59D Ins 1993 No 29, Sch 2 (2). Am 1995 No 37, Sch 1 [10] [11]. Rep 2001 No 127, Sch 3 [38].

Part 8, heading Am 2007 No 92, Sch 2 [52].

Sec 60 Am 1982 No 149, Sch 9. Rep 2007 No 92, Sch 2 [3].

Sec 61 Am 1982 No 149, Schs 7 (1), 9. Rep 2007 No 92, Sch 2 [3].

Sec 62 Am 1980 No 25, Sch 1 (18); 1982 No 149, Sch 9. Rep 2007 No 92, Sch 2 [3].

Sec 63 Am 1982 No 149, Sch 7 (2); 1984 No 153, Sch 12 (5); 1987 No 2, Sch 1 (5); 1990 No 29, Sch 2 (16); 1990 No 115, Sch 1 (4); 1993 No 29, Sch 1 (2); 1994 No 43, Sch 1 (27); 1996 No 42, Sch 2 [28]; 1997 No 155, Sch 4 [11]; 2001 No 127, Sch 3 [39]. Subst 2007 No 92, Sch 2 [53]. Am 2011 No 72, Sch 1 [5].


Sec 64 Rep 2007 No 92, Sch 2 [3].

Sec 65 Am 1982 No 149, Schs 7 (3), 9 (am 1984 No 153, Sch 16); 1982 No 168, Sch 1; 1990 No 29, Sch 2 (17); 1996 No 42, Sch 2 [29]; 1999 No 31, Sch 2.35 [3]; 2001 No 121, Sch 2.178 [5] [6]; 2001 No 127, Sch 3 [40]; 2006 No 103, Sch 1 [49]. Subst 2007 No 92, Sch 2 [54].

Sec 65A Ins 1996 No 42, Sch 2 [30]. Am 2001 No 127, Sch 3 [41]. Subst 2007 No 92, Sch 2 [55].


Sec 66 Rep 1978 No 68, Sch 8 (8). Ins 1994 No 43, Sch 1 (17). Am 1994 No 50, Sch 1 (14); 1996 No 42, Sch 2 [31] [32]; 1999 No 27, Sch 2 [11]; 2001 No 127, Sch 3 [43]; 2007 No 92, Sch 2 [56]–[58].

Sec 66A Ins 1996 No 42, Sch 2 [33]. Rep 2001 No 121, Sch 2.178 [7].

Sec 67 Am 1978 No 68, Sch 8 (9); 1984 No 153, Sch 12 (6); 1989 No 92, Sch 2 (11); 1993 No 29, Sch 5 (27); 1993 No 108, Sch 2; 1999 No 27, Sch 2 [12]; 2001 No 121, Sch 2.178 [8]; 2007 No 92, Sch 2 [59].

Sec 67A Ins 1983 No 67, Sch 1 (2). Subst 1996 No 42, Sch 2 [34]. Am 2000 No 62, Sch 2 [8]; 2000 No 93, Sch 1.19 [9]; 2004 No 110, Sch 2.2. Rep 2007 No 92, Sch 2 [3].


Sec 68 Am 1978 No 68, Sch 6 (8); 1982 No 149, Schs 8 (1), 9. Rep 1990 No 29, Sch 2 (18). Ins 1994 No 50, Sch 1 (15). Am 1996 No 41, Sch 2 [32]; 1999 No 12, Sch 2 [6] [7]; 1999 No 85, Sch 2.52; 2007 No 99, Sch 3.17. Rep 2007 No 92, Sch 2 [3].

Sec 69 Am 1981 No 69, Sch 1 (6); 1982 No 149, Sch 8 (2); 1990 No 115, Sch 1 (5); 1993 No 29, Schs 5 (28), 7 (2). Rep 1997 No 155, Sch 4 [12]. Ins 2001 No 127, Sch 3 [44]. Rep 2007 No 92, Sch 2 [3].

Sec 70 Am 1982 No 149, Sch 8 (3); 1990 No 29, Sch 2 (19); 1993 No 29, Schs 5 (29), 7 (4). Rep 1997 No 155, Sch 4 [12].

Page 97



Sec 70A Ins 1985 No 78, Sch 1 (3). Am 1994 No 43, Sch 1 (28); 2001 No 127, Sch 3 [45] [46]; 2007 No 92, Sch 2 [14] [60].

Sec 70B Ins 1987 No 2, Sch 1 (6). Rep 1995 No 11, Sch 1.109 [6].

Sec 71 Am 1982 No 149, Sch 8 (4). Subst 1994 No 50, Sch 1 (16). Am 2001 No 34, Sch 4.51 [8]. Subst 2007 No 92, Sch 2 [61].

Sec 71A Ins 1993 No 56, Sch 1 (4). Am 1996 No 24, Sch 1; 2001 No 72, Sch 4 [2]–[4]; 2007 No 92, Sch 2 [14].

Sec 72 Am 1982 No 149, Sch 8 (5); 1990 No 29, Sch 2 (20); 2007 No 92, Sch 2 [62]; 2008 No 65, Sch 6.4 [3].

Secs 72A, 72B Ins 1990 No 43, Sch 1 (6). Am 2007 No 92, Sch 2 [9].

Sec 72C Ins 1993 No 29, Sch 5 (30). Am 1994 No 50, Sch 1 (17); 2003 No 13, Sch 1.27. Rep 2007 No 92, Sch 2 [3].

Sec 73 Am 1982 No 149, Sch 8 (6); 1986 No 78, Sch 1 (3); 1990 No 29, Schs 2 (21), 3 (9); 1993 No 29, Sch 1 (3); 1996 No 42, Sch 2 [36]; 1996 No 103, Sch 2 [3]; 1997 No 44, Sch 3 [3]; 1997 No 73, Sch 1 [3]; 1997 No 155, Sch 5 [13]–[16]; 1998 No 12, Sch 3 [3]; 2001 No 72, Sch 4 [5]; 2001 No 127, Sch 3 [47]; 2006 No 103, Sch 1 [50]–[52]; 2007 No 92, Sch 2 [14] [63]; 2009 No 72, Sch 2 [12]; 2011 No 72, Sch 1 [35] [36].

Sec 73A Ins 1990 No 43, Sch 1 (7). Am 1994 No 50, Sch 1 (18). Subst 2001 No 34, Sch 4.51 [9].

Sec 74 Am 1982 No 148, Sch 1. Rep 1999 No 85, Sch 4. Ins 2001 No 127, Sch 3 [48]. Rep 2007 No 92, Sch 2 [3].


Sec 76AA Ins 2001 No 127, Sch 3 [49]. Rep 2007 No 92, Sch 2 [3].

Sec 76A Ins 1999 No 27, Sch 2 [13]. Am 2000 No 62, Sch 2 [9] [10]. Rep 2007 No 92, Sch 2 [3].

Part 10, heading Subst 1988 No 93, Sch 4 (1). Am 1997 No 155, Sch 5 [17]; 2001 No 72, Sch 4 [6]. Rep 2001 No 127, Sch 3 [50].

Part 10 Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [50].

Sec 77 Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 1 (4); 1998 No 113, Sch 2.13 [2]. Rep 2001 No 127, Sch 3 [50].


Sec 77B Ins 1993 No 29, Sch 1 (5). Am 1998 No 12, Sch 3 [4]. Rep 2001 No 127, Sch 3 [50].


Sec 78 Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Schs 1 (6), 4 (10). Rep 2001 No 127, Sch 3 [50].

Sec 78A Ins 1993 No 29, Sch 1 (7). Am 1998 No 12, Sch 3 [5]. Rep 2001 No 127, Sch 3 [50].

Sec 79 Ins 1986 No 78, Sch 1 (4). Am 1987 No 48, Sch 31; 1993 No 29, Schs 1 (8), 4 (11); 1993 No 47, Sch 1; 1993 No 108, Sch 2. Rep 2001 No 127, Sch 3 [50].



Sec 80 Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 4 (12); 1996 No 103, Sch 2 [4]; 1998 No 12, Sch 3 [6]. Rep 2001 No 127, Sch 3 [50].

Page 98



Sec 81 Ins 1986 No 78, Sch 1 (4). Rep 1993 No 29, Sch 1 (9). Ins 1999 No 12, Sch 2 [8]. Rep 2001 No 127, Sch 3 [50].

Sec 82 Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 1 (10). Rep 2001 No 127, Sch 3 [50].

Sec 82D Ins 1993 No 29, Sch 1 (11). Am 1997 No 73, Sch 2 [4]–[7]. Rep 2001 No 127, Sch 3 [50].

Secs 82E, 82F Ins 1993 No 29, Sch 1 (11). Rep 2001 No 127, Sch 3 [50].

Sec 83 Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 1 (12). Am 1998 No 12, Sch 3 [7]. Rep 2001 No 127, Sch 3 [50].




Subst 1988 No 93, Sch 4 (1); 1993 No 56, Sch 1 (5). Am 1997 No 155, Sch 5 [18]. Rep 2001 No 72, Sch 4 [7]. Rep 2001 No 127, Sch 3 [50].

Part 10, Div 2 Rep 2001 No 72, Sch 4 [7]. Rep 2001 No 127, Sch 3 [50].

Sec 85 Ins 1986 No 78, Sch 1 (4). Am 1986 No 155, Sch 1; 1988 No 93, Sch 4 (2); 1993 No 56, Sch 1 (6); 1996 No 41, Sch 2 [33]; 1997 No 155, Sch 5 [19]; 1998 No 12, Sch 3 [8]. Rep 2001 No 127, Sch 3 [50].

Sec 86 Ins 1986 No 78, Sch 1 (4). Am 1988 No 93, Sch 4 (3); 1993 No 47, Sch 1. Subst 1993 No 56, Sch 1 (7). Am 1997 No 44, Sch 3 [5]–[8]; 1997 No 155, Sch 5 [20]–[22]. Rep 2001 No 127, Sch 3 [50].

Sec 86A Ins 1997 No 44, Sch 3 [9]. Am 1997 No 151, Sch 4 [2] [3]. Rep 2001 No 127, Sch 3 [50].

Sec 87 Ins 1986 No 78, Sch 1 (4). Rep 1988 No 93, Sch 4 (4). Ins 1993 No 56, Sch 1 (7). Subst 1996 No 103, Sch 2 [5]. Am 1997 No 37, Sch 5. Subst 1998 No 12, Sch 3 [9]. Am 1998 No 151, Sch 2 [1]; 2000 No 44, Sch 8 [1]–[4]. Rep 2001 No 127, Sch 3 [50].

Sec 87AA Ins 1996 No 103, Sch 2 [6]. Subst 1998 No 12, Sch 3 [9]. Am 1998 No 151, Sch 2 [2]. Rep 2001 No 127, Sch 3 [50].

Sec 87A Ins 1993 No 56, Sch 1 (7). Am 1996 No 103, Sch 2 [7]; 1997 No 155, Sch 5 [23]. Subst 1998 No 12, Sch 3 [9]. Am 2000 No 44, Sch 8 [5]–[7]. Rep 2001 No 127, Sch 3 [50].

Sec 87B Ins 1993 No 56, Sch 1 (7). Subst 1998 No 12, Sch 3 [9]. Rep 2001 No 127, Sch 3 [50].


Sec 87D Ins 1993 No 56, Sch 1 (7). Am 1997 No 155, Sch 5 [24]. Rep 2001 No 127, Sch 3 [50].

Sec 87E Ins 1993 No 56, Sch 1 (7). Am 1997 No 155, Sch 5 [25]. Rep 2001 No 127, Sch 3 [50].

Sec 87EA Ins 1997 No 155, Sch 5 [26]. Rep 2001 No 127, Sch 3 [50].

Sec 87F Ins 1993 No 56, Sch 1 (7). Am 1997 No 155, Sch 5 [25]. Rep 1998 No 12, Sch 3 [10]. Rep 2001 No 127, Sch 3 [50].

Sec 87G Ins 1993 No 56, Sch 1 (7). Am 1997 No 155, Sch 5 [25]. Rep 1998 No 12, Sch 3 [11]. Rep 2001 No 127, Sch 3 [50].

Sec 87H Ins 1993 No 56, Sch 1 (7). Am 1997 No 155, Sch 5 [25] [27] [28]; 1999 No 27, Sch 2 [14]. Rep 2001 No 127, Sch 3 [50].

Part 10, Div 2A Ins 1997 No 44, Sch 3 [10]. Rep 2001 No 127, Sch 3 [50].

Page 99



Sec 87HA Ins 1997 No 44, Sch 3 [10]. Rep 2001 No 127, Sch 3 [50].

Sec 87HB Ins 1997 No 44, Sch 3 [10]. Am 1997 No 151, Sch 4 [4] [5]. Rep 2001 No 127, Sch 3 [50].

Part 10, Div 3 (secs 87I, 87J)

Ins 1996 No 103, Sch 2 [8]. Rep 2001 No 127, Sch 3 [50].

Part 10A Ins 1996 No 103, Sch 2 [9]. Rep 2001 No 127, Sch 3 [51].

Sec 88AA Ins 1996 No 103, Sch 2 [9]. Am 1998 No 12, Sch 3 [12]. Rep 2001 No 127, Sch 3 [51].

Sec 88AB Ins 1996 No 103, Sch 2 [9]. Rep 2001 No 127, Sch 3 [51].

Sec 88AC Ins 1996 No 103, Sch 2 [9]. Rep 1998 No 12, Sch 3 [13]. Rep 2001 No 127, Sch 3 [51].

Part 10B (secs 88AD–88AH)


Part 10C Ins 2000 No 13, Sch 1 [1]. Rep 2001 No 127, Sch 3 [53].

Sec 88AI Ins 2000 No 13, Sch 1 [1]. Rep 2001 No 127, Sch 3 [53].

Sec 88AJ Ins 2000 No 13, Sch 1 [1]. Am 2000 No 93, Sch 1.19 [10]. Rep 2001 No 127, Sch 3 [53].

Secs 88AK, 88AL


Sec 88AM Ins 2000 No 13, Sch 1 [1]. Am 2000 No 93, Sch 1.19 [11]. Rep 2001 No 127, Sch 3 [53].

Sec 88AN Ins 2000 No 13, Sch 1 [1]. Rep 2001 No 127, Sch 3 [53].

Part 11 Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [54].

Part 11, Div 1 Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [54].

Sec 88 Ins 1986 No 78, Sch 1 (4). Am 1988 No 93, Sch 2 (2); 1990 No 115, Sch 1 (6); 1993 No 29, Sch 3 (2). Rep 2001 No 127, Sch 3 [54].

Sec 89 Ins 1986 No 78, Sch 1 (4). Rep 2001 No 127, Sch 3 [54].


Sec 90 Ins 1986 No 78, Sch 1 (4). Am 1988 No 93, Sch 2 (3); 1993 No 29, Sch 1 (14); 2000 No 62, Sch 2 [11]–[13]. Rep 2001 No 127, Sch 3 [54].

Sec 90A Ins 1988 No 93, Sch 2 (4). Am 1993 No 29, Sch 6 (1); 2000 No 62, Sch 2 [14]. Rep 2001 No 127, Sch 3 [54].

Sec 91 Ins 1986 No 78, Sch 1 (4). Am 1988 No 93, Sch 2 (5); 1993 No 29, Sch 3 (3); 2000 No 62, Sch 2 [15]–[17]. Rep 2001 No 127, Sch 3 [54].



Sec 93 Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (1) (2). Subst 1996 No 42, Sch 2 [38]. Rep 2001 No 127, Sch 3 [54].


Part 11, Div 2A Ins 1993 No 29, Sch 3 (5). Rep 2001 No 127, Sch 3 [54].

Sec 95 Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 3 (5). Rep 2001 No 127, Sch 3 [54].

Page 100




Sec 95B Ins 1993 No 29, Sch 3 (5). Am 1996 No 42, Sch 2 [39]–[41]. Rep 2001 No 127, Sch 3 [54].

Sec 96 Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (22). Subst 1993 No 29, Sch 3 (6). Am 2000 No 93, Sch 1.19 [12]. Rep 2001 No 127, Sch 3 [54].


Sec 97 Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (23); 1995 No 11, Sch 1.109 [7]; 1996 No 41, Sch 2 [34]; 1997 No 155, Sch 5 [29]. Rep 2001 No 127, Sch 3 [54].

Sec 98 Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 3 (7); 1996 No 42, Sch 2 [42]. Rep 2001 No 127, Sch 3 [54].

Sec 99 Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 3 (8); 1996 No 42, Sch 2 [43]. Rep 2001 No 127, Sch 3 [54].

Sec 100 Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (1); 1996 No 42, Sch 2 [44] [45]. Rep 2001 No 127, Sch 3 [54].


Sec 101 Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (10); 1993 No 29, Schs 4 (14), 6 (3); 2000 No 62, Sch 2 [18]. Rep 2001 No 127, Sch 3 [54].








Secs 105A–105C


Sec 105D Ins 1994 No 43, Sch 1 (22). Rep 2001 No 127, Sch 3 [54].

Sec 106 Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 3 (10). Am 1994 No 50, Sch 1 (19). Rep 2001 No 127, Sch 3 [54].



Sec 107A Ins 1993 No 29, Sch 3 (11) (am 1993 No 108, Sch 1). Am 1996 No 42, Sch 2 [46]–[48]. Rep 2001 No 127, Sch 3 [54].

Sec 108 Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (24); 1993 No 29, Sch 3 (12) (am 1993 No 108, Sch 1); 1993 No 56, Sch 1 (9); 1993 No 108, Sch 2; 1994 No 50, Sch 1 (20); 1996 No 42, Sch 2 [49]–[54]. Rep 2001 No 127, Sch 3 [54].


Page 101



Sec 109 Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (25); 1993 No 29, Schs 4 (15), 6 (7); 1994 No 50, Sch 1 (21); 1996 No 42, Sch 2 [56]–[60]. Rep 2001 No 127, Sch 3 [54].


Sec 110 Ins 1986 No 78, Sch 1 (4). Rep 1994 No 43, Sch 1 (30).

Sec 111 Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (8); 1994 No 50, Sch 1 (22); 2001 No 34, Sch 4.51 [10]. Rep 2001 No 127, Sch 3 [54].

Sec 111A Ins 1989 No 132, Sch 1. Subst 1993 No 29, Sch 5 (31). Rep 2001 No 127, Sch 3 [54].

Sec 112 Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Sch 6 (9). Subst 1996 No 42, Sch 2 [61]. Rep 2001 No 127, Sch 3 [54].



Sec 115 Ins 1986 No 78, Sch 1 (4). Am 1990 No 29, Sch 2 (26). Rep 1993 No 29, Sch 1 (16).

Sec 116 Ins 1986 No 78, Sch 1 (4). Am 1988 No 93, Sch 2 (6). Subst 1993 No 29, Sch 3 (14). Rep 2001 No 127, Sch 3 [54].

Secs 116A–116D


Sec 117 Ins 1986 No 78, Sch 1 (4). Am 1993 No 29, Schs 3 (16), 6 (11), 7 (2); 1993 No 47, Sch 1. Rep 2001 No 127, Sch 3 [54].


Sec 119 Ins 1986 No 78, Sch 1 (4). Rep 1993 No 29, Sch 3 (17).





Sec 122B Ins 1993 No 29, Sch 3 (18). Am 1996 No 41, Sch 2 [35]. Rep 2001 No 127, Sch 3 [54].

Sec 123 Ins 1986 No 78, Sch 1 (4). Am 1988 No 93, Sch 2 (8). Subst 1993 No 29, Sch 1 (19). Am 1996 No 41, Sch 2 [36]. Rep 2001 No 127, Sch 3 [54].



Sec 126 Ins 1986 No 78, Sch 1 (4). Subst 1993 No 29, Sch 1 (20). Am 1994 No 50, Sch 1 (23). Rep 2001 No 127, Sch 3 [54].



Page 102



Sec 129 Ins 1986 No 78, Sch 1 (4). Am 1987 No 48, Sch 31; 1990 No 29, Sch 2 (29). Subst 1993 No 29, Sch 1 (20). Rep 2001 No 127, Sch 3 [54].







Sec 133A Ins 1997 No 44, Sch 3 [11]. Am 1997 No 151, Sch 4 [6]; 1998 No 12, Sch 3 [14]. Rep 2001 No 127, Sch 3 [54].

Part 12 Ins 1996 No 103, Sch 2 [10]. Rep 2001 No 127, Sch 3 [55].

Sec 134 Ins 1996 No 103, Sch 2 [10]. Am 1997 No 44, Sch 4 [1]; 1998 No 12, Sch 3 [15]; 2001 No 34, Sch 4.51 [11]. Rep 2001 No 127, Sch 3 [55].

Secs 135, 136 Ins 1996 No 103, Sch 2 [10]. Rep 2001 No 127, Sch 3 [55].

Sec 137 Ins 1996 No 103, Sch 2 [10]. Am 1997 No 44, Sch 4 [2]. Rep 2001 No 127, Sch 3 [55].


Sec 140 Ins 1996 No 103, Sch 2 [10]. Am 1997 No 44, Sch 4 [3]; 1997 No 151, Sch 4 [7]. Rep 2001 No 127, Sch 3 [55].


Sec 140AA Ins 1997 No 151, Sch 4 [8]. Rep 2001 No 127, Sch 3 [55].



Sec 143 Ins 1996 No 103, Sch 2 [10]. Subst 1997 No 44, Sch 4 [5]; 1997 No 151, Sch 4 [9]. Rep 2001 No 127, Sch 3 [55].

Sec 144 Ins 1996 No 103, Sch 2 [10]. Subst 1997 No 151, Sch 4 [10]. Rep 2001 No 127, Sch 3 [55].

Sec 145 Ins 1996 No 103, Sch 2 [10]. Am 2001 No 34, Sch 4.51 [12]. Rep 2001 No 127, Sch 3 [55].

Secs 146–148 Ins 1996 No 103, Sch 2 [10]. Rep 2001 No 127, Sch 3 [55].


Sec 149 Ins 1996 No 103, Sch 2 [10]. Rep 2001 No 127, Sch 3 [55].

Secs 150–152 Ins 1997 No 44, Sch 4 [7]. Rep 2001 No 127, Sch 3 [55].

Sec 153 Ins 1997 No 44, Sch 4 [7]. Am 2001 No 34, Sch 4.51 [13]. Rep 2001 No 127, Sch 3 [55].

Sch 1 Am 1978 No 68, Sch 8 (10) (11); 1982 No 148, Sch 1. Rep 1999 No 85, Sch 4.

Sch 2, heading Subst 2003 No 93, Sch 1 [10].

Page 103



Sch 2 Am 1985 No 71, Sch 1 (16); 1990 No 43, Sch 1 (8); 1993 No 29, Sch 5 (34); 1993 No 56, Sch 1 (10); 1993 No 57, Sch 1 (5); 1993 No 108, Sch 2; 1994 No 43, Sch 1 (31); 1994 No 50, Sch 1 (24); 1995 No 37, Sch 1 [12]–[15]; 1996 No 41, Sch 2 [37]; 1996 No 42, Sch 2 [62] [63]; 1996 No 43, Sch 2 [13] [14]; 1996 No 103, Sch 2 [11]; 1997 No 44, Sch 3 [12]; 1997 No 73, Sch 2 [8]; 1997 No 155, Sch 5 [30] [31]; 1998 No 12, Sch 3 [17] [18]; 1998 No 54, Sch 3.3 [1] [2]; 1998 No 151, Sch 2 [3]–[6]; 1999 No 27, Sch 2 [15] [16]; 2000 No 44, Sch 8 [8] [9]; 2000 No 62, Sch 2 [19]; 2001 No 72, Sch 4 [8]; 2001 No 73, Sch 2 [8] [9]; 2001 No 88, Sch 2 [3]–[5]; 2001 No 127, Sch 3 [56] [57]; 2002 No 102, Sch 2 [5]; 2003 No 93, Sch 1 [11]; 2006 No 103, Sch 1 [53] [54]; 2007 No 92, Sch 2 [64] [65]; 2009 No 56, Schs 1.34, 2.50; 2009 No 72, Sch 2 [13]; 2011 No 72, Sch 1 [37] [38].

Sch 3 Ins 1986 No 78, Sch 1 (5). Rep 2007 No 92, Sch 2 [66].

Sch 4 Ins 1986 No 155, Sch 2 (2). Am 1988 No 93, Sch 5 (6); 2011 No 72, Sch 1 [39].

Page 104


Documents

Registered Clubs Act 1976 - NSW Legislation€“44D (Repealed) 37 45 Unauthorised persons using club premises 37 45A Minors’ names not to be entered in guests’ register 38 Page