New South Wales Consolidated Acts

REGISTERED CLUBS ACT 1976 - SECT 41C

41C Registered Clubs Accountability Code

(1) The regulations may prescribe a Registered Clubs Accountability Code.

(2) The Code may make provision for or with respect to the following--

(a) requiring the directors and employees of a registered club to disclose interests in matters relating to the affairs of the club,

(b) requiring the directors and employees of a registered club to disclose any gifts or remuneration they receive from specified persons or bodies,

(c) restricting registered clubs from entering into specified contracts or classes of contracts or requiring clubs to amend or terminate such contracts,

(d) restricting the lending of money to the directors or employees of a registered club,

(e) restricting the use and disposal of the property of registered clubs,

(f) the remuneration payable to directors and employees of registered clubs,

(g) reporting requirements,

(h) any other matter relating to the accountability of registered clubs.

(3) A person who contravenes a provision of the Code that is identified by the Code as an offence provision is guilty of an offence.

: Maximum penalty--50 penalty units.

(4) If a registered club contravenes a provision of the Code that is identified as an offence provision, the club is not guilty of an offence under this section but each person who is the secretary of the club, a director of the club or a close associate of the club is guilty of an offence punishable by a maximum penalty of 100 penalty units unless the person satisfies the court that--

(a) the club contravened the provision without the actual, imputed or constructive knowledge of the person, or

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

(c) the person, if in such a position, used all due diligence to prevent the contravention by the club.

(5) An individual is not liable to be convicted of an offence under both subsections (3) and (4) in respect of essentially the same act or omission.