New South Wales Consolidated Acts

REGISTERED CLUBS ACT 1976 - SECT 23

23 Functions on club premises

(1) The Authority may, on application by or on behalf of a registered club, grant an authorisation (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 the club premises on which the functions concerned are permitted to be held) and access areas (that is, each part of the club premises through or by means of which persons attending those functions are to be permitted to obtain entry to or to depart from a function area).

(3) A club functions authorisation is subject to the following conditions, but only to the extent 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 security arrangements and such other particulars as may be prescribed by the regulations,

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

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

(e) gaming machines must not be located in the area in which any function is held and any area of the club in which gaming machines are located must not be accessible 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 functions authorisation 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 penalty units 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 been committed.