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REGISTERED CLUBS ACT 1976 - SECT 30
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 be elected-- (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 a subclass of full members determined by a
rule of the kind referred to in subsection (9)) are entitled to vote.
(a1) If
the regulations so provide, any election under paragraph (a) is to be in
accordance with Schedule 4.
(a2) If the regulations so provide, the members
of the club who are entitled to vote at an election of the governing body of
the club are such members (or class of members) of the club as may be
specified in the regulations for the purposes of this paragraph.
(b) Except
as provided by paragraph (b1), a person shall not hold office as a member of
the governing body of the club unless the person is a full member of the club.
(b1) The governing body of the club may include, at any one time, no more than
such number of persons (whether or not full members of the club) as may be
prescribed by the regulations who are appointed, in accordance with the
regulations, 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 each
quarter and minutes of all proceedings and resolutions of the governing 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.
(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
of ordinary members), provisional member, life member, honorary member or
temporary member.
(g) A person shall not be admitted as a member of the club,
other than as a provisional member, honorary member or temporary member,
unless the person is elected to membership at a meeting of the full members of
the club or at a duly convened meeting of the governing body or election
committee of the club, the names of whose members present and voting at that
meeting are recorded by the secretary of the club.
(h) An employee of the
club shall not vote at any meeting of the club or of the governing body of the
club, or at any election of the governing body of the club, or hold office as
a member of the governing body of the club.
(h1) An employee of the club must
not vote at any election of the governing body of another club or association
if any member of that governing body would, as the result of that election, be
entitled or qualified to be appointed (or be nominated 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 promotion of the purposes of the club and
shall not be paid to or distributed among the members of the club.
(2) The
rules of a registered club shall be deemed also to include the following
rules-- (a) The names of persons proposed for election as ordinary members of
the club shall be displayed in a conspicuous place on the premises of 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 person for 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 temporary member 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.
(d) Liquor must not be sold, supplied or disposed of on the premises of the
club to any 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 functions authorisation
under section 23 is in force.
(e) A person under the age of 18 years must not
be admitted as a member of the club unless the purpose of membership is to
enable the person to take part in regular sporting activities organised by the
club.
(f) A person under the age of 18 years shall not propose or second a
person for admission as a member of the club.
(g) Liquor shall not be sold,
supplied or disposed of on the premises of the club to any person under the
age of 18 years.
(h) A person under the age of 18 years shall not use or
operate approved gaming machines on the premises of the club.
(i) A register
of persons who are full members of the club shall be kept in accordance with
section 31.
(j) A register of persons who are honorary members of the club
(other than honorary members referred to in section 30A) is to be kept in
accordance with section 31.
(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.
(l) A register of persons who are
temporary members of the club (other than temporary members referred to in
subsection (10) or in section 30B) is to be kept in accordance with
section 31.
(m) A register of temporary members of the club (other than
temporary members referred to in subsection (10) or in section 30B) who attend
the club each day is to be kept in accordance with section 31 either as a
separate register or as part of the register referred to in paragraph (l).
(n) A register of persons who are admitted as temporary members of the club
for an extended period as referred to in section 30B is to be kept in
accordance with section 31 either as a separate register or as part of the
register referred to in paragraph (l).
(2A) If the rules of a club provide
for the admission of honorary members or temporary members, the rules are
taken also to include a rule that there is to be prominently displayed at all
times at each entrance on the club premises at which members and guests are
permitted to enter-- (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.
(2B) If the rules of a registered club require
ordinary members of the club to pay a membership fee, the rules must specify--
(a) the amount of the fee, or
(b) the procedure for determining the amount of
the fee.
(3) A rule referred to in subsection (1), (2) or (2A) has effect
notwithstanding the provisions 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 member of the club unless the person holds office as a patron
of the club or is a prominent citizen or local dignitary.
(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 club declared 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-- (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.
(5B)
Subsection (2)(c)(i) does not apply to a provision in the rules of a club that
prohibits a person from being admitted as a temporary member of the club
because the person's ordinary place of residence is-- (a) within New South
Wales, and
(b) within a radius of 5km from the premises of the club.
(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 Act 2010 ), the Newcastle
International Sports Centre Club referred to in clause 9 of Schedule 5 to the
Sporting Venues Authorities Act 2008 or any other club declared under
subsection (7) to be an exempt club for the purposes of this paragraph, or
(b) in respect of the sale, supply or disposal of liquor to any person, other
than a member, in any part of the premises of a registered club while a
reception is being held in that part where that person has been invited to the
reception by a person entitled to issue the invitation.
(7) The Governor may,
by order published in the Gazette, declare any club to be an exempt club for
the purposes of subsection (6) (a).
(8) Any rule of a registered club (except
a rule that is deemed by subsection (10) to be included in the rules of the
club) that is inconsistent with any rule specified in subsection (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 rule
specified 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 club entitled to
vote at that election consist of such class or classes of full members
specified in those rules as comprises or comprise not less than 25% of the
full members of the club,
(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).
(9A) Subsection (9) (a) is subject to any regulations made
under subsection (1) (a2).
(9B) The regulations made under subsection (1)(a2)
may require a registered club to comply with a direction of the Secretary
relating generally to the election of the governing body of the club and which
members are entitled to vote.
(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 any interstate club (as defined in
subsection (13)) who, at the invitation of the governing body or of a
full member of the host club, attends on any day at the premises of
the host club for the purpose of participating in an organised sport or
competition to be conducted by the host club on that day shall be a
temporary member of the host club from the time on that day when he or she so
attends the premises of the host club until the end of that day.
(11) Any
person who is a temporary member of a registered club under the rule deemed by
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 accordance with its rules.
(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
meaning of the Gaming Machines Act 2001 .
For the purposes of subsection
(10), a full member of an interstate club is a member of an interstate club
who has full voting rights at general meetings of the interstate club.
(13A)
Subsection (5B) and this subsection are repealed at the end of 31 December
2025.
(14) In this section--
"quarter" means a period of 3 months ending on 31 March, 30 June, 30 September
or 31 December.
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