Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 49(1)(a)]
[Heading amended by No. 19 of 2010
s. 4.]
In this
Division —
club means the club known as the Anzac Club, which
was registered as such under the Licensing Act 1911 7 ;
League means the body deemed to be incorporated
under the Associations Incorporation Act 1987 as The Returned and
Services League of Australia WA Branch Incorporated;
State Branch Headquarters means the premises of
the League in Perth, known as Anzac House, and situate at
28 (formerly 30A) St George’s Terrace;
State Executive means the State Executive of the
League as from time to time constituted under, and elected or appointed in
accordance with, the rules of the League.
[Clause 1 amended by No. 14 of 1996
s. 4; No. 47 of 2011 s. 17.]
(1) Whilst the club is
licensed under this Act and has its premises and conducts its business in the
State Branch Headquarters —
(a) the
management, conduct and control of the assets and property of the club and of
its business and transactions are vested in the State Executive; and
(b) the
State Executive is authorised to exercise and have that management, conduct
and control subject to this Act insofar as is not inconsistent with this
clause; and
(c) the
net income from all sources arising from the carrying on, and from the
business, of the club, as ascertained from time to time —
(i)
remains the property of the League; and
(ii)
may be used, applied or disposed of by the State
Executive not only for the purposes of the club but for any other purpose for
which the ordinary funds of the League may be used, applied or disposed of in
accordance with the rules of the League;
and
(d)
subject to paragraph (e), during the period for which the subscription to
the League entitles the person to be a member of the League, a subscribing
member of the League is —
(i)
deemed to be a subscribing member of the club, without
payment of further subscription to the club; and
(ii)
entitled, subject to the rules of the club, to enjoy all
the privileges of the club;
and
(e) a
person who is a member of the League and is unfinancial under the rules of the
League is not entitled, and shall not be permitted or suffered, to enjoy the
privileges of the club; and
(f) the
rules of the club shall, insofar as they may be inconsistent with this clause,
be read subject to this clause.
(2) Subclause (1)
shall not be construed as preventing a person who is not a subscribing member
of the League from being or becoming a member of the club in accordance with
the rules of the club.
(3) If the club ceases
to hold a club licence under this Act or is dissolved while the club premises
are situated in the State Branch Headquarters, all the assets and property of
the club thereupon, without conveyance, transfer, assignment or other
assurance, become and shall thereafter remain the property of the League,
absolutely.
(4) The club shall not
be removed from the State Branch Headquarters and the business and
transactions of the club shall not be carried on other than in that building,
except by authority of a resolution duly carried by a three-fifths majority of
the delegates present and voting at an Annual Congress of the League or at a
special Congress of the League duly convened for the purpose and held in
accordance with the rules of the League.
Division 2 — The Air Force Association Club
In this
Division —
Association means the body deemed to be
incorporated under the Associations Incorporation Act 1987 as the
Australian Flying Corps and Royal Australian Air Force Association (Western
Australia Division);
club means the club known as the Air Force
Association (Western Australia Division) Club;
Committee of Management means the Division
Committee of the Association as from time to time constituted under, and
elected or appointed in accordance with, the rules of the Association.
2 . Air Force Association (Western Australia
Division) Club
(1) Whilst the club is
licensed under this Act and has its premises and conducts its business in the
State —
(a) the
management, conduct and control of the assets and property of the club and its
business and transactions are vested in the Committee of Management; and
(b) the
Committee of Management is authorised to exercise and have that management,
conduct and control subject to this Act insofar as is not inconsistent with
this clause; and
(c) the
net income from all sources arising from the carrying on, and from the
business, of the club, as ascertained from time to time —
(i)
remains the property of the Association; and
(ii)
may be used, applied or disposed of by the Committee of
Management not only for the purposes of the club but for any other purpose for
which the original funds of the Association may be used, applied or disposed
of in accordance with the rules of the Association;
and
(d)
subject to paragraph (e), during the period for which the subscription to
the Association entitles the person to be a member of the Association, a
subscribing member of the Association, on payment of such further subscription
as the Committee of Management with the approval of the Director may require,
is —
(i)
deemed to be a subscribing member of the club; and
(ii)
entitled, subject to the rules of the club, to enjoy all
the privileges of the club;
and
(e) a
person who is a member of the Association and is unfinancial under the rules
of the Association is not entitled, and shall not be permitted or suffered, to
enjoy the privileges of the club; and
(f) the
rules of the club shall, insofar as they may be inconsistent with this clause,
be read subject to this clause.
(2) Subclause (1)
shall not be construed as preventing a person who is not a subscribing member
of the Association from being or becoming a member of the club in accordance
with the rules of the club.
[Clause 2 amended by No. 12 of 1998
s. 96; No. 73 of 2006 s. 105.]
