New South Wales Consolidated Acts

REGISTERED CLUBS ACT 1976 - SECT 57J

57J Declarations concerning ineligibility of persons to be secretary or member of governing body

(1) This section applies to the power of the Authority to make a declaration under section 57H (2) (g) in relation to a person who is the secretary or a member of the governing body of a registered club.

(2) The Authority must not make a declaration in relation to such a person unless--

(a) it is satisfied that the person was the secretary of the club or a member of the governing body of the club at a relevant time or was materially involved in the management of the affairs of the registered club at a relevant time, and

(b) the person has been given an opportunity to show cause why the declaration should not be made.

(3) The Authority may make a declaration in relation to a person regardless of whether the Authority is dealing with the matter on the ground that the person is not a fit and proper person to act as the secretary or a member of the governing body of the registered club.

(4) If the Authority makes a declaration in relation to a person, the position of the person as the secretary or a member of the governing body of any registered club to which the declaration relates immediately becomes vacant.

(5) A person must not, during the period for which the person is declared ineligible for a position, stand for election or accept appointment to, or hold office in, that position.

: Maximum penalty--10 penalty units.

(6) Despite any other law, if the Authority makes a declaration in relation to a person, the person is not, in consequence of the declaration or of anything done to give effect to the declaration, entitled to compensation or damages from the club of which he or she was the secretary or a member of the governing body, unless the Authority specifies in the declaration that the declaration does not affect the rights, if any, of the person to compensation or damages from the club.

(7) A vacancy in the position of a member of the governing body of a registered club resulting from a declaration may be filled as a casual vacancy.