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REGISTERED CLUBS ACT 1976 - SECT 45
Unauthorised persons using club premises
45 Unauthorised persons using club premises
(1) If, on any day, a person uses any of the accommodation, facilities or
amenities provided on the premises of a registered club and-- (a) is not a
member of the club, or a guest of such a member, or
(a1) is not an
honorary member of the club as referred to in section 30A, or
(b) is a
temporary member of the club (other than a temporary member referred to in
section 30B) and the particulars required by section 31 (1) (e) have not been
entered on that day in the register of temporary members kept by the club in
accordance with the rule of the club referred to in section 30 (2) (m), or
(b1) is a temporary member of the club (as referred to in section 30B) and the
particulars required by section 31 (1) (f) have not been entered in the
register of temporary members kept by the club in accordance with the rule of
the club referred to in section 30 (2) (n), or
(c) is not attending a
function in accordance with a club functions authorisation under section 23,
the person, the club and the secretary of the club are each guilty of an
offence. : Maximum penalty--10 penalty units.
(2) It is a defence to a
prosecution for an offence under subsection (1) (a) committed by a
registered club or its secretary if it is proved that all reasonable steps
were taken to prevent persons other than members and guests of members from
using the accommodation, facilities and amenities provided on the premises of
the club.
(2A) It is a defence to a prosecution for an offence under
subsection (1) (a1) or (b) committed by a registered club or its secretary if
it is proved that all reasonable steps were taken in endeavouring to prevent
commission of such an offence.
(3) It is a sufficient defence to a
prosecution of a person for an offence under subsection (1) if it is proved
that the person to whom the offence relates was an apprentice or trainee,
within the meaning of the Apprenticeship and Traineeship Act 2001 , when the
offence was committed and that that person used the accommodation, facilities
or amenities referred to in the information for the offence in the course of
carrying out work on the accommodation, facilities or amenities and for the
purpose only of receiving trade training as such an apprentice or trainee.
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