New South Wales Consolidated Acts

REGISTERED CLUBS ACT 1976 - SECT 45

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.