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REGISTERED CLUBS ACT 1976 - SECT 10
Requirements to be met by clubs
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 the Commonwealth,
or
(ii) if the club was registered, or applied for registration, before the
commencement of Part 10--a co-operative under the Co-operatives Act 1992 or a
corporation constituted by another Act.
(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 any other lawful purposes, and
(ii) for the purpose of
providing accommodation for its members and their guests.
(e1) If the
regulations prescribe objects that are to apply in relation to specified types
of clubs, the club is, if it is of such a type, to have the objects so
prescribed in relation to that type of club.
(f) The club shall have premises
of which it is the bona fide occupier for the purposes of the club and which
are provided and maintained from the funds of the club.
(g) The premises of
the club shall contain accommodation appropriate for the purposes of the club.
(h) The premises of the club shall contain a properly constructed bar room but
shall not contain a separate area for the sale or supply of liquor to be
carried away from those premises to which area there is direct access from
outside any building that is part of those premises.
(i) A member of the
club, whether or not he or she is a member of the governing body, or of any
committee, of the club, shall not be entitled, under the rules of the club or
otherwise, to derive, directly or indirectly, any profit, benefit or advantage
from the club that is not offered equally to every full member of the club.
(j) Only the club and its members are to be entitled under the rules of the
club or otherwise to derive, directly or indirectly, any profit, benefit or
advantage from 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,
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 lawful business.
(k) The secretary or manager, or any employee, or a member of the governing
body or of any committee, of the club is not entitled to receive, either
directly or 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 by the 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 under section 38.
(m) The club must comply with any requirements
imposed on the club by or under 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 the business or affairs of the club
under a management contract entered into in accordance with the
Registered Clubs Accountability Code.
(2) For the purposes of determining
whether a club is being conducted in good faith as a club, 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 of the Corporations Act 2001 of the
Commonwealth, or otherwise),
(c) whether any arrangements relating to the
club have resulted in another person or 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 the Tattersall's Club Act of 1888 , City Tattersall's Club
referred to in the City Tattersall's Club Act of 1912 , Newcastle Tattersall's
Club referred to in the Newcastle Tattersall's Club Act 1945 , the Newcastle
International Sports Centre Club referred to in clause 9 of Schedule 5 to the
Sporting Venues Authorities Act 2008 or in respect of any club declared under
section 13 (1) (a) to be an exempt club for the purposes of this subsection.
(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.
(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 of the 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 a
contract (including a contract of employment) or agreement with the club and
the deriving of or entitlement to the profit, benefit or advantage is, in the
opinion 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 the
member in respect of his or her services as a member of the governing body or
of any committee of the club and that payment has been approved by a
resolution passed at a general meeting on which the persons entitled to vote
are the same as the persons entitled to vote at the annual election of the
governing body of the club, or
(c) the profit, benefit or advantage consists
only of hospitality in the nature of reasonable food or refreshment offered by
the holder of a dealer's licence or adviser's licence (within the meaning of
the Gaming Machines Act 2001 ) in the normal course of a sale of an
approved gaming machine on the licensee's premises, or at a display of an
approved gaming machine that is held anywhere in the State for the purpose of
directly promoting the products or services of the licensee, or
(d) the
profit, benefit or advantage consists only of the payment of out-of-pocket
expenses that are of a kind authorised by a current resolution of the
governing body and are reasonably incurred by a member of the club, or by the
secretary or any other employee, in the course of carrying out his or her
duties in relation to the club.
(6A) Subsection (1) (i) does not prevent a
club from providing different benefits for different 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 the members prior to the benefit
being provided.
(7) A club does not fail to meet the requirement specified in
subsection (1) (j) by reason only that a person derives or is entitled to
derive any profit, benefit or advantage as referred to in subsection (1) (j)
if, in the opinion of the Authority, the deriving of or entitlement to the
profit, benefit or advantage is reasonable in the circumstances of the case.
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