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REGISTERED CLUBS ACT 1976 - SECT 23A
General provisions applying to authorisations
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 powers in
relation to the application as the Authority has under the Liquor Act 2007 in
relation to an application for a licence under that Act.
(4) If, before an
application for an authorisation is determined by the Authority, a change
occurs in the information provided in, or in connection with, the application
(including information provided under this subsection), the applicant must
immediately 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 a submission 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 the submission into consideration before
deciding whether or not to grant the authorisation.
(7) The regulations may
prescribe, or provide for the determination of, a fee in respect of the
granting of an authorisation. If any such fee is prescribed or determined, the
authorisation does not take effect until the fee has been paid.
(8) The
Authority may, in granting an authorisation, specify requirements that are to
be complied with before the authorisation takes effect. The authorisation does
not take effect 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 authorisation is 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, the Secretary 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 been imposed by
the Authority) must be accompanied by the fee prescribed by the regulations.
(11) An authorisation has effect only while all the conditions to which it is
subject are being complied with.
(12) The Authority must not impose a
condition on an authorisation or revoke or vary an authorisation 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 authorisation to be revoked or varied.
(14) This section does
not authorise the revocation or variation of a condition to which an
authorisation is subject if the condition is imposed by this Act or is
prescribed by the regulations.
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