Registered Clubs Act 1976 Regulation (1991-52) [GG No 28 of 8.2.1991] (NSW)

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1991—No. 52

REGISTERED CLUBS ACT 1976—REGULATION

NEW SOUTH WALES

[Published in Gazette No. 28 of 8 February 1991]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Registered Clubs Act 1976, has been pleased to make the Regulation set forth hereunder.

Robert Webster

Acting Chief Secretary.

Commencement

1. This Regulation commences on 18 February 1991.

Amendment

2. The Registered Clubs Regulation 1983 is amended by omitting

clause 28 and by inserting instead the following clauses:

Evidence of age

28. A document that belongs to one of the following classes of

documents:

(a)

a motor vehicle driver’s or rider’s licence or permit held by a person, being a licence or permit issued by the Roads and Traffic Authority or by the corresponding public authority of the Commonwealth, of some other State or Territory or of some other country;

(b)

a “proof of age” card held by a person, being a card issued by the Roads and Traffic Authority or by the corresponding public authority of the Commonwealth or of some other State or Territory;

(c)

a passport held by a person, being a passport issued by the Commonwealth Department of Immigration, Local Government and Ethnic Affairs or by the corresponding public authority of some other country,

1991 - No. 52

is, for the purposes of the Act, evidence that the person is at least 18 years of age, but only if the document bears a photograph of the person and indicates (by reference to the person’s date of birth or otherwise) that the person is of or above that age.

Denial of allegation as to age
28A. (1) For the purposes of section 63 (3) of the Act, an
allegation in any information is denied as prescribed if it is denied

at the time and in the manner prescribed by subclause (2) (a) or

(b) .

(2) An allegation referred to in subclause (1) may be denied:

(a)

at any adjournment prior to the commencement of the hearing of the information—by informing the court, the informant, or a person appearing for the informant, of the denial; or

(b)

at any time not later than 14 days before the hearing of the matter of the information—by informing the person for the time being holding or acting in the office of Senior Police Prosecutor.

EXPLANATORY NOTE

The object of this Regulation is to amend the Registered Clubs Regulation 1983

so as:

(a)

to prescribe the kinds of evidence that are to be accepted as evidence of a person’s age for the purposes of that Act; and

(b)

to prescribe the time and manner by which a defendant may make a denial of an allegation as to age for the purposes of proceedings under that Act.

This Regulation is consequential on the commencement of the Registered Clubs

(Miscellaneous Amendments) Act 1990.

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