New South Wales Consolidated Acts

REGISTERED CLUBS ACT 1976 - SECT 41D

41D Termination by Secretary of contracts entered into in contravention of Code

(1) This section applies in relation to a contract (other than a contract for the disposal of real property owned or occupied by a registered club) entered into by a registered club in contravention of the Registered Clubs Accountability Code.

(2) If the Secretary is of the opinion that a contract is a contract to which this section applies, the Secretary may serve on each party to the contract a notice in writing affording the party an opportunity to show cause within 14 days why the contract should not be terminated.

(3) The notice is to specify the provision of the Code that the Secretary considers has been contravened or the term or condition of the contract that the Secretary considers is not being, or has not been, complied with.

(4) A party to the contract may, within the period specified in the notice, arrange with the Secretary for the making of submissions as to why the contract should not be terminated.

(5) After considering any submissions so made, the Secretary may, by notice in writing served on each party to the contract, declare that the contract will be terminated on a day specified in the notice.

(6) A contract the subject of a notice under subsection (5) is terminated by force of this section on and from the date specified in the notice for the termination of the contract.

(7) The Secretary is not to issue a notice under subsection (5) if the Secretary considers that the registered club concerned may be affected adversely by the termination of the contract.

(8) The Secretary may take action under this section in relation to a contract whether or not proceedings have been instituted against any person with respect to the purported contravention of the Code that the Secretary believes is the ground for taking the action.

(9) This section extends to a contract entered into by a registered club before the commencement of this section (as inserted by the Registered Clubs Amendment (Accountability and Amalgamations) Act 2018 ) if the club would have contravened a provision of the Code by entering into the contract after that commencement and so extends as if the contract was entered into in contravention of the provision.