Registered Clubs (Amendment) Act 1978 (NSW)

REGISTERED CLUBS (AMENDMENT) ACT, 1978,

No. 68

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Act No. 68,1978.

An Act to amend the Registered Clubs Act, 1976. [Assented to, 6th April, 1978.]

Act No. 68, 1978.

Registered Clubs (Amendment).

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

Short tiUe.

1. This Act may be cited as the “Registered Clubs

(Amendment) Act, 1978”.

Commence-

(1) This section and section 1 shall commence on the date

of assent to this Act.

(2)	Except as provided in subsection (1), this Act shall

commence on the day appointed and notified pursuant to section

2 (2) of the Registered Clubs Act, 1976.

Schedules.

This Act contains the following Schedules :—

SCHEDULE

1.— A m e n d m e n t s

th e

R eg ister ed

C lubs

A c t ,

1976,

R e l a t in g

F u n ctio n s on

th e

P rem ises

OF	R eg ister ed C lu b s .

SCHEDULE 2.— A mendments to the Registered Clubs Act, 1976, Relating to Objections to A pplications FOR Renewal of Certificates of Registration.

SCHEDULE 3.— Amendments to the Registered Clubs Act, 1976, Relating to Rules of Registered Clubs ON Voting by Proxy.

SCHEDULE 4.— A mendments to the Registered Clubs Act, 1976, Relating to the Commission of Offences by Secretaries of R egistered Clubs.

SCHEDULE 5.— Amendments to the Registered Clubs Act, 1976, Relating to the Calculation of Fees AND THE Payment of Fees by Instalments.

SCHEDULE 6.— Amendments to the Registered Clubs Act, 1976, Relating to A pplications for Certifi

cates OF Registration.

Act No. 68, 1978.

Registered Clubs (Amendment).

SCHEDULE 7.— A mendments to the Registered Clubs Act, 1976, Relating to the Maximum Number of Members of a Registered Club.

SCHEDULE 8.— Miscellaneous A mendments to the

Registered Clubs Act, 1976.

4. The Registered Clubs Act, 1976, is amended in the manner Amendment

set forth in Schedules 1-8.

of Act No.

31, 1976.

SCHEDULE 1.

Sec. 4.

Amendments to the Registered Clubs Act, 1976, Relating

TO Functions on the Premises of Registered Clubs.

(1) (a) Section 23 (1) (a )—

After “persons”, insert “, other than members, and persons”.

(b) Section 23 (1) (b )—

After “members,”, insert “and persons under the age of 18 years”.

Omit the subsections, insert instead :—

(5)	If during any period specified in accordance

with subsection 4 (c) in an authority granted under

this section—

(a) a poker machine is located; or

(b)	where the authority is an authority referred to in subsection (1) (a), liquor is sold, supplied, disposed of or consumed,

in any part of the premises of the club specified in the authority in accordance with subsection (4) (a)

or	(b )— (c) the registered club; and

Act No. 68, 1978.

Registered Clubs {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s

th e

R eg ister ed

C lubs

A c t ,

1976,

R ela tin g

TO F u n ctio n s	on	th e	P rem ises	of	R eg ister ed	C lubs—
continued.

(d) the secretary of the registered club,

are each guilty of an offence and liable to a penalty, in the case of the registered club, not exceeding $500 and, in the case of the secretary, not exceeding $200.

(6)	During any period specified in accordance with

subsection (4) (c) in an authority granted under this section and while any conditions subject to which the authority was granted are observed and no offence is being committed under subsection (5 )—

(a) sections 45 and 52; and

(b)	where the authority is an authority referred to in subsection (1) (b), section 30 (2) (d),

do not apply to or in respect of a part of the premises of the club specified in the authority in accordance with subsection (4) (a) or (b).

(2) (a) Section 30 (6) —

Omit the subsection, insert instead :—

(6) Subsection (2) (d) does not apply—

(a)

in respect of the Sydney Cricket Ground Club, the Australian Jockey Club, the Newcastle International Sports Centre Club referred to in section 9 (1) of the Newcastle International Sports Centre Act, 1967, or any other club declared under subsection (7) to be an exempt club for the purposes of this paragraph; or

Act No. 68, 1978.

Registered Clubs {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s

th e

R eg ister ed

C lubs

A c t ,

1976,

R ela tin g

F u n ctio n s

th e

P rem ises

o f

R eg ister ed

C lubs—

continued.

(b)

in respect of the sale, supply or disposal of liquor to any person, other than a member, in any part of the premises of a registered club while a reception referred to in section 52 (2) is being held in that part where that person has been invited to the reception by a person entitled to issue the invitation.

(b)	Section 30 (7)— After “ (6 )”, insert “ (a )”.

(3) Section 52(2)—

At the end of section 52, insert :—

(2)	Subsection (1) does not prevent a person under the

age of 18 years from entering or being in a bar where—

(a)	the bar is, or is in, a part of the premises of a registered club in which part a reception is being held in association with the wedding of a member of the club or of a person who is a child or parent of a member of the club or for whose maintenance a member of the club is or has been responsible; and
(b)	the person under the age of 18 years has been invited to that reception by a person entitled to issue the invitation.

(4) (a) Section 54 (2) (a)—

After “area”, insert “or in which part a reception referred to in section 52 (2) is being held”.

Act No. 68, 1978.

Registered Clubs {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s

to th e

R eg istered

C lubs

A c t ,

1976,

R elating

F u n ctio n s

the

P rem ises

R eg istered

C lubs—

continued.

(b) Section 54 (2) (b )—

After “that registered club”, insert “or a part of the premises of a registered club in which part a reception referred to in section 52 (2) is being held”.

Sec. 4.

SCHEDULE 2.

A m en d m en ts

the

R eg istered

C lubs

A c t ,

1976,

R ela tin g

O b je c t io n s

A ppl ic a t io n s

for

R e n ew a l

C e r t ific a t e s

R eg istra tio n .

m Section 25 (9) (b) —

Omit “, (2 )”.

(2) Section 25 (9) (b) —

Omit “club; or”, insert instead “club;”.

(3) Section 25 (9) (ba) —

After section 25 (9) (b), insert :—

(ba) being an objection taken under subsection (2), is taken on the ground referred to in subsection (1) (c), the onus of proving that the club is not required to meet a genuine and substantial need (as referred to in subsection (1) (c)) lies upon the objector; or

Act No. 68, 1978.

Registered Clubs (Amendment).

SCHEDULES.

Sec. 4.

A m e n d m e n t s

th e

R eg ister ed C lubs

A c t ,

1976,

R ela tin g

TO R u l es

R eg ister ed C lubs on

V o ting by P roxy.

(1) Section 30 (1) (d )—

Omit the paragraph, insert instead ; —

(d) A person shall not—

(i) attend or vote at any meeting of the club or of the governing body or any committee of the club; or

(ii) vote at any election of, or of a member of, the governing body of the club,

as the proxy of another person.

(2) Section 30 (1) (e)—

Omit the paragraph.

(3) Section 30 (9) (b) —

Omit the paragraph.

SCHEDULE 4.

Sec. 4.

A m e n d m e n t s

the

R eg ister ed

C lubs

A c t ,

1976,

R ela tin g

THE

C om m ission

O f f e n c e s

Secr eta ries

R eg ister ed

C lu b s .

(1) Section 56-

Omit “any provision of this Act”, insert instead “section

23 (5) or this Part”.

Act No. 68, 1978.

Registered Clubs (Amendment).

SCHEDULE A— continued.

A m e n d m e n t s

th e

R eg ist er e d

C lubs

A c t ,

1976,

R e l a t in g

THE

C o m m issio n

o f

O f f e n c e s

Sec r eta r ies

R eg ister ed

C lubs— continued.

(2) Section 56 (a) —

Omit “or”.

(3) Section 56 (b )—

Omit “offence.”, insert instead “offence; or”.

(4) Section 56 (c) —

After section 56 (b), insert :—

(c)	at all times relating to the offence he acted as secretary of the club in an honorary capacity only.

(5) Section 56 (2 )—

At the end of section 56, insert :—

(2)	For the purposes of subsection (1) a secretary of a

registered club acts as such in an honorary capacity if he receives no payment in respect of the services that he renders to the club as secretary other than by way of reimbursement for his out of pocket expenses incurred while so acting.

Act No. 68, 1978.

Registered Clubs {Amendment).

SCHEDULE 5.

Sec. 4.

A mendments to the Registered Clubs Act, 1976, Relating TO THE Calculation of Fees and the Payment of Fees BY Instalments.

(1) Section 4 (4 ), (5 )—

After section 4 (3), insert

(4)	A reference in this Act to the amount paid or

payable by or on behalf of a registered club or the

secretary of the club for any liquor is a reference—

(a)	except as provided in paragraph (b), to the sum of—

(i) the amount paid or payable by or on behalf of the club or that secretary for that liquor;

(ii) any amount paid or payable by or on behalf of the club or that secretary for or for the hiring of any containers or packages (including corks, stoppers and labels attached thereto) in which that liquor is contained or packed when it is delivered to or purchased by or on behalf of the club or that secretary or is to be contained or packed for sale or disposal by or on behalf of the club or that secretary (whether or not any such amount is paid or payable to the supplier of that liquor);

(iii) any amount paid or payable for the packing or for the handling of that liquor and any such containers or packages or for putting it or them into the state in which it is or they are when it is or they are delivered to or purchased by or on

Act No. 68, 1978.

Registered Clubs (^Amendment).

SCHEDULE 5—continued.

Amendments to the Registered Clubs Act, 1976, Relating TO THE Calculation of Fees and the Payment of Fees BY Instalments— continued.

behalf of the club or that secretary (whether or not any such amount is paid or payable to the supplier of that liquor);

(iv) any amount paid or payable by or on behalf of the club or that secretary as freight or other delivery charges in respect of the delivery of that liquor, being an amount so paid or payable to the supplier of that liquor but not being an amount so paid or payable to that supplier as reimbursement for those freight or delivery charges if those freight or delivery charges are paid or payable by that supplier to a common carrier; and

(v) any amount paid or payable for duties or sales tax in respect of that liquor; or

(b)

where the licensing magistrates who assess or reassess the fee payable in respect of the renewal of the certificate of registration of the club in accordance with section 15 (2) are of the opinion when assessing or reassessing, as the case may be, that fee that any amount paid or pay able for any thing or for the doing of any thing referred to in paragraph (a) (i), (ii), (iii) or (iv) is less than the value of that thing or of the doing of that thing, as the case may be, to such amount as is determined by those magis trates having regard to the circumstances in which that liquor was delivered to or purchased by or on behalf of the club or that secretary.

Act No. 68, 1978.

Registered Clubs {Amendment).

SCHEDULE 5—continued.

A m e n d m e n t s

th e

Reg ister ed

C lubs

A c t ,

1976,

R ela tin g

THE

C a lcu la tio n o f

F e e s

and

th e

P a y m en t

F ees

BY	I n sta lm en ts—continued.

(5)	A reference in this Act to any amount paid or

payable by or on behalf of a registered club or the secretary of the club for any liquor includes any amount paid or payable by any other person for the acquisition of that liquor for sale, supply or disposal by the club or that secretary.

(2) (a) Section 8 (3) (a )—

After “15 (8 )”, insert “or (10) (b )”.

(b) Section 8 (3) (d )—

After “15 (6) (b )”, insert “or (10) (b )’

(3) (a) Section 14 (a )—

After “15”, insert “or, where the application is for renewal of a certificate of registration and an election referred to in section 15 (9) has been made in respect of that fee, that fee less the postponed amount referred to in that subsection”.

(b) Section 14 (b )—

Omit the paragraph, insert instead :—

(b) shall not issue that certificate unless—

(i) where the application is for renewal of a certificate of registration and an election referred to in section 15 (9) has been made in respect of that fee, that fee less the postponed amount

59941E-25

Act No. 68, 1978.

Registered Clubs {Amendment).

SCHEDULE 5—continued.

A m e n d m e n t s

t h e

R e g ist er e d

C lu bs

A c t ,

1976,

R ela tin g

THE

C a lcu la tio n

o f

F e e s and th e

P a y m en t

F ees

BY	I n st a l m e n ts—continued.

refened to in that subsection is paid on or before the due date referred to in that subsection; or

(ii) in any other case, that fee is paid within 3 months after the application is granted.

(4) (a) Section 15 (1) (b) (i)—

Omit “gross amount (including any duties and sales tax thereon) paid or payable for all”, insert instead “amount paid or payable by or on behalf of the club or the secretary of the club for”.

(b) Section 15 (4) (b )—

Omit “gross” wherever occurring.

After section 15 (8), insert :—^

(9)	A registered club may, by notice in writing

given on or before 20th June (in this section referred

CO as “the due date”) next preceding the date of

expiry of its certificate of registration to the person to whom the fee for the renewal of its certificate of registration is payable, elect to postpone payment of so much of that fee as is an amount (in this section referred to as “the postponed amount”) equal to—

(a)	where that fee is exactly an even number of dollars—one-half of that fee; or

Act No. 68, 1978.

Registered Clubs (Amendment).

SCHEDULE 5—continued.

A m e n d m e n t s

th e

R eg ister ed

C lu bs

A c t ,

1976,

R e la tin g

TO THE

C a lcu latio n of

F ees and the

P a y m en t of

F ees

BY I n sta lm en ts—continued.

(b)	where that fee is not exactly an even number of dollars— one-half of the highest even number of dollars next below that fee.

(10)	Where a registered club makes an election

referred to in subsection (9 )—

(a)

it is, if on or before the due date it pays the fee referred to in that subsection less the postponed amount to the person to whom the fee is payable, entitled to post pone payment of the postponed amount until 30th November next following the due date; and

(b)

its certificate of registration in respect of which that fee was assessed or reassessed shall, if it has not, on or before that 30th November, paid an amount equal to the difference between that fee, as originally assessed or as reassessed, as the case may be, and the portion of that fee paid by it on or before the due date, be deemed after that 30th November not to be in force, until it pays the difference.

(11)	Where a registered club has made an election

referred to in subsection (9 )—

(a)	the reference in subsection (6) (a) to the difference between the reassessed fee and the original fee shall, if the reassessment of the original fee was made before 30th November next following the due date, be construed, for the purpose of making a refund in relation to the original fee to

Act No. 68, 1978.

Registered Clubs (^Amendment).

SCHEDULE 5—continued.

A m e n d m e n t s

to t h e

R eg ister ed

C lubs

A c t ,

1976,

R ela tin g

TO THE

C a lcu la tio n of

F ees

and

th e

P a y m en t o f

F ees

BY	I n st a l m e n ts— continued.

which the election relates, as a reference to the difference between the portion of the original fee paid by the club on or before the due date and the portion that would have been payable by it on or before that date had the reassessed fee been the original fee; and

(b)

a reference in subsection (6) (b) to the difference between the original fee and the reassessed fee shall, if the reassessment of the original fee was made before 30th November next following the due date, be construed, for the purpose of determining the liability of the club, under subsection

(6)	(b), in relation to the original fee to

which the election relates, as a reference to the difference between the portion that

̂	would have been payable by the club on or before the due date had the reassessed fee been the original fee and the portion of the original fee paid by it on or before the due date.

Sec. 4.

SCHEDULE 6.

A m e n d m e n t s

th e

R eg ister ed

C lubs

A c t ,

1976,

R e l a t in g

A ppl ic a t io n s

for

C e r t ific a t e s

R eg istra tio n .

(1) (a) Section 8 (1 )—

Omit “to the licensing court”.

Act No. 68, 1978.

Registered Clubs (Amendment).

SCHEDULE 6—continued.

A m en d m en ts

th e

R eg ister ed C lubs

A c t ,

1976,

R ela tin g

A ppl ic a t io n s

fo r

C e r t ific a t e s

R eg istration—

continued.

(b) Section 8 (1 )—

Omit “clerk of the licensing court”, insert instead

“secretary to the licensing magistrates”.

Omit “clerk of the licensing court”, insert instead

“secretary to the licensing magistrates”.

(d) Section 8 (3) (c)—

Omit “clerk of the licensing court”, insert instead

“secretary to the licensing magistrates”.

(2) (a) Section 9 (1 )—

Omit the subsection, insert instead :—

(1) Except as provided in this section, the licensing court shall hear and determine and grant an application made under section 7 or 8.

(b) Section 9 (4 )—

After “court” where firstly occurring, insert “or the secretary to the licensing magistrates, as the case may be,”.

Omit “clerk of the licensing court at least 10 days”, insert instead “secretary to the licensing magistrates on or”.

Act No. 68, 1978.

Registered Clubs (Amendment).

SCHEDULE 6—continued.

A m e n d m e n t s

th e

R eg ister ed

C lubs

A c t ,

1976,

R ela tin g

A ppl ic a t io n s

fo r

C e r t ific a t e s

R egistra tio n—

continued.

(d) Section 9 (4) (b )—

After “court”, insert “or the secretary to the licensing magistrates, as the case may be,”.

(e) Section 9 (8 )—

Omit the subsection, insert instead :—

(8) The secretary to the licensing magistrates to whom an application for the renewal of a certificate of registration is delivered as referred to in subsection (4) (a) shall grant the application on or after 1st June next preceding the due date for the expiry of the certificate, unless—

(a)	notice of objection to the granting of the application has been given to him, as referred to in section 26 (3) (c), on or before 31st May next preceding the due date for the expiry of the certificate of registration; or
(b)	a licensing magistrate has directed that the application be referred to the licensing court.

(3) (a) Section 14—

After “court”, insert if the application was granted by the licensing court, or the secretary to the licensing magistrates, if the application was granted by him”.

Act No. 68, 1978.

Registered Clubs {Amendment).

SCHEDULE 6—continued.

A m en d m en ts

th e

R eg ister ed C lubs

A c t ,

1976,

R ela tin g

A ppl ic a t io n s

fo r

C e r t ific a t e s

o f

R eg istra tio n—

continued.

(b) Section 14 (a )—

After “payment”, insert “to him”.

(4) Section 15 (1a)—

After section 15 (1), insert:—

(1a) The fees referred to in subsection (1) shall be

paid—

(a)	where the renewal of a certificate of registration is granted by the secretary to the licensing magistrates, to the secretary to the licensing magistrates; and
(b)	in any other case, to the clerk of the licensing court.

(5) (a) Section 16 (3 )—

Omit “clerk of the licensing court”, insert instead

“secretary to the licensing magistrates”.

(b) Section 16 (4)-

After “lodged”, insert where the appeal relates to a determination by the licensing court refusing an application for the renewal of a certificate of registra tion of the club, with the secretary to the licensing magistrates or, in any other case,”.

Act No. 68, 1978.

Registered Clubs {Amendment).

SCHEDULE 6— continued.

A m en d m en ts

th e

R eg ister ed

C lubs

A c t ,

1976,

R ela tin g

A ppl ic a t io n s

fo r

C e r t ific a t e s

R eg istration—

continued.

(6) (a) Section 26 (3) (b), (c)—

Omit the paragraphs, insert instead :—

(b)	where the application is other than for the renewal of a certificate of registration, notice of the objection specifying the grounds of the objection has been given to the clerk of the licensing court and to the club by or on whose behalf the application is made at least 3 clear days before the time appointed for the hearing of the application;
(c)	where the application is for the renewal of a certificate of registration, notice of the objec tion specifying the grounds of the objection has been given to the clerk of the licensing court, to the secretary to the licensing magis trates and to the club by or on whose behalf the application is made on or before 31 st May next preceding the due date for the expiry of the certificate; and

(b) Section 26 (4 )—

Omit “ (c )”, insert instead “ (b )’

After section 26 (4), insert :—

(4a) Notwithstanding subsection (3) (c) the licensing court may entertain an objection against an application referred to in subsection (3) (c) if the application has not been granted under this Act by the secretary to the licensing magistrates.

Act No. 68, 1978.

Registered Clubs {Amendment).

SCHEDULE 6—continued.

A m en d m en ts

t h e

R eg ister ed

C lubs

A c t ,

1976,

R ela tin g

A ppl ic a t io n s

fo r

C e r t ific a t e s

o f

R egistra tio n—

continued.

(d) Section 26 (6 )—

After section 26 (5), insert:—

(6) An objection to the renewal of a certificate of registration may be made notwithstanding that an application for the renewal has not been made.

(7) Section 29—

Omit the section, insert instead :—

29. Upon application made by or on behalf of a regis- Duplicate

tered club, the licensing court may, if it is satisfied that

the certificate of registration of that club or an authority Son ot

issued to that club under this Act has been lost or authority,

destroyed, order—

(a)	where the application relates to a certificate of registration issued by the secretary to the licensing magistrates, that secretary; or

(b) in any other case, the clerk of the licensing court, on payment to him of the prescribed fee, to issue to that club a duplicate of the certificate of its registration or of that authority.

(8) (a) Section 68 (2 )—

After “Act”, insert “, other than an application for the renewal of a certificate of registration of a club,”.

Act No. 68, 1978.

Registered Clubs {Amendment).

SCHEDULE 6—continued.

A m e n d m e n t s

th e

R eg ister ed

C lubs

A c t ,

1976,

R ela tin g

A ppl ic a t io n s

fo r

C e r t ific a t e s

R eg istra tio n—

continued.

(b) Section 68 (3 )—

After section 68 (2), insert:—

(3)	Where a notice of objection to an application

under this Act for the renewal of a certificate of registration of a club is given to the secretary to the licensing magistrates by any person other than the district inspector, the secretary to the licensing magistrates shall forthwith forward a copy of the application and the notice of objection to the district inspector.

Sec.4

SCHEDULE 7.

A m en d m en ts

to th e

R eg ist er e d

C lubs

A c t ,

1976,

R ela tin g

THE

M a x im u m N u m b e r

M em ber s

o f

R eg ister ed

C l u b .

(1) Section 11 (3 )—

Omit the subsection, insert instead ;—

(3)	The licensing court, on application made by a

club, may in circumstances which it deems special deter mine in respect of the club a number that is greater than the number prescribed under subsection (2) (a), (b) or (c ) , as the case may be.

(2) Section 11 (4) (b) —

Omit “club;”, insert instead “club; and”.

(3) Section 11 (4) (c )—

Omit “had at the date of the commencement of the Liquor

(Amendment) Act, 1969,”, insert instead “has”.

Act No. 68, 1978.

Registered Clubs {Amendment) .

SCHEDULE 7—continued.

A m en d m en ts to th e R eg ister ed C lubs A c t ,

1976, R e la tin g

THE

M a x im u m

N u m b e r o f

M em ber s

o f

R eg ister ed

C lu b—continued.

(4) Section 11 (4) (c )—

Omit “club; and”, insert instead “club.”.

(5) Section 11 (4) (d )—

Omit the paragraph.

SCHEDULE 8.

Sec. 4.

M iscella n eo u s

A m e n d m e n t s

the

R eg ister ed

C lubs

A c t ,

1976.

(1) (a) Section 30 (2) (k )—

After “persons”, insert “of or above the age of 18 years”.

(b) Section 30 (7a)—

After section 30 (7 ), insert :—

(7a) Subsection (2) (k) does not apply in respect

of any club incorporated on or before 1st July,

1977—

(a)	the articles of association or rules of which did not at that date include a rule requiring the maintenance of a register of the kind referred to in that paragraph; and
(b)	which has not since that date incorporated such a rule in its articles of association or rules.

Act No. 68, 1978.

Registered Clubs (Amendment).

SCHEDULE 8—continued.

M iscella n eo u s

A m e n d m e n t s

th e

R eg ister ed

C lubs

A c t ,

1976—continued.

(2) Section 31 (1) (c)—

After “person”, insert “of or above the age of 18 years”.

(3) Section 37 (1 )—

Omit “clerk of the licensing court”, insert instead

“secretary to the licensing magistrates”.

(4) Section 39 (c)—

Omit “clerk of the licensing court”, insert instead

“secretary to the licensing magistrates”.

(5) Section 40 (1) (a) —

Omit “income and expenditure of the club received or incurred”, insert instead “receipts of and payments made by the club”.

(6) (a) Section 45 (1) (b) —

Omit “particulars of whom (referred to in section 31 (1) (c )) have been entered in the register kept in accordance with the rule referred to in section 30 (2) (k )”.

(b) Section 45 (2 )—

Omit the subsection, insert instead :—

(2) It is a sufficient defence to a prosecution for an offence arising under subsection (1) alleged to have been committed by a registered club or the secretary of a registered club if the defendant proves

Act No. 68, 1978.

Registered Clubs {Amendment).

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that it or he took all reasonable steps to prevent persons other than members, or guests of members, of the club from using the accommodation, facilities and amenities provided on the defined premises of the club.

(7) Section 49—

Omit “, it shall lodge with the clerk of the licensing court”, insert instead “or within such further time as the licensing court, on an application made by the club, may allow, the club shall lodge with the secretary to the licensing magistrates”.

(8) Section 66—

Omit the section.

(9) (a) Section 67 (2)-

Omit the subsection, insert instead :—

(2) A member of the governing body or of any committee of a registered club or an employee of a registered club may—

(a)	demand from any person who is in a bar or is using or operating a poker machine on the premises of the club and who that member or employee suspects on reasonable grounds is under the age of 18 years, partic ulars of the correct age, name and address of that person;

Act No. 68, 1978.

Registered Clubs {Amendment).

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(b)	where the club is a club to which section 30 (2) (k) applies, demand from any per son who enters or is on the premises of the club and who that member or employee suspects on reasonable grounds is not—

(i) a member of the club; or

(ii) a guest of a member of the club particulars of whom (referred to in section 31 (1) (c )) have been entered in the register kept for the purposes of section 30 (2) (k),

particulars of the correct name and address

of that person; or

(c)	where the club is not a club to which section 30 (2) (k) applies, demand from any per son who enters or is on the premises of the club and who that member or employee suspects on reasonable grounds is not a member of the club or a guest of a member of the club—

(i) particulars of the correct name and address of that person;

(ii) particulars as to whether that per son is or is not a member of the club or a guest of a member of the club; and

(iii) where that person claims to be a guest of a member of the club, par ticulars of the name of that member.

Act No. 68, 1978.

Registered Clubs {Amendment).

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(b") Section (̂ 1 (3) (a )—

Omit “or” where thirdly occurring.

Omit “whom”, insert instead “who”.

(d) Section 67 (3) (b), (c)—

Omit the paragraph, insert instead :—

(b)	from any person who enters or is on the pre mises of any registered club (being a club to which section 30 (2) (k) applies) and who that member suspects on reasonable grounds is not—

(i) a member of the club; or

(ii) a guest of a member of the club partic ulars of whom (referred to in section 31 (1) (c)) have been entered in the register kept for the purposes of section 30 (2) (k),

particulars of the correct name and address of

that person; or

(c)	from any person who enters or is on the pre mises of any registered club (not being a club to which section 30 (2) (k) applies)

Act No. 68, 1978.

Registered Clubs {Amendment).

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and who that member suspects on reasonable grounds is not a member of the club or a guest of a member of the dub—-

(i) particulars of the correct name and address of that person;

(ii) particulars as to whether that person is or is not a member of the club or a guest of a member of the club; and

(iii) where that person claims to be a guest of a member of the club, particulars of the name of that member.

(e) Section 67 (6 )—

Omit the subsection, insert instead :—

(6)	A person on whom a demand is made under

subsection (2) or (3) shall not—

(a)	refuse or fail to state to the person by whom the demand is made, the particulars demanded of him; and
(b)	where the person by whom the demand is made—

(i) informs the person on whom the demand is made that he suspects him to be under the age of 18 years; and

Act No. 68, 1978.

Registered Clubs (Amendment).

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(ii) requires the person on whom the demand is made to do so,

refuse or fail, without reasonable cause, to produce evidence as to his correct age, name and address.

(10) (a) Schedule 1, Part 1—

In column 2, after paragraph (a) in the matter relating to section 3, insert:—

(aa) From the definition of “Persons authorised to sell liquor”, omit “and holders of permits or certificates of registration”, insert instead “,registered clubs and holders of permits” ;

(b) Schedule 1, Part 1—

From the matter relating to section 5 (10), omit

“41 (2 )”, insert instead “42 (2 )”.

From the matter relating to section 5 (12) (a), omit

“41 (2 )”, insert instead “42 (2 )”.

(d) Schedule 1, Part 1—

After the matter relating to section 5 (12) (a), insert:—

Section 10(1)

.. (a) Omit “.permit or certificate of registration” wherever occurring, insert instead “or permit” ;

(b)	Omit “,a permit or a certificate of registration”, insert instead “or a permit” ;

Act No. 68, 1978.

Registered Clubs {Amendment).

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197 6— continued.

(c)

Omit “except in the case of an application relating to a registered club or to prescribed premises as detoed in section 152a (1), the applicant, or in the case of an application relating to a registered club or prescribed premises as defined in section 152a (1), the secretary of the registered club or the person nominated pursuant to section 152c (2) (b) (iii), as the case may be, ”, insert instead “except in the case of an appli cation relating to prescribed premises as defined in section 152a (1), the applicant or, in the case of an application relating to prescribed premises as defined in section 152a (1), the person nominated pursuant to section 152c (2) (b) (iii).”.

(e) Schedule 1, Part 1—

Omit the matter relating to sections 21 (1) (d) and

22 ( 2 ) .

(f) Schedule 1, Part 1—

After the matter relating to section 13 (7), insert

Section 23b (2) (b)

. Omit “, permit or certificate”, insert instead “or permit”. of a registered club for a permit under section 57a)” .

Section 29 (1)	..	. I Omit “(not being an application made by the secretary
Section 29 (2)	..	. Omit the subsection.

(g) Schedule 1, Part 1—

Omit the matter relating to section 34 (2) (c).

(h) Schedule 1, Part 1—

After the matter relating to section 57a ( 1), insert

Section 57a (1b) (a)	Omit “, as the case may be, the license or certificate of
registration”, insert instead “the license”.
Section 57a ( I d) ..	Omit the subsection.

Act No. 68, 1978.

Registered Clubs {Amendment).

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(i)	Schedule 1, Part 1— After the matter relating to section 114, insert:—

Section 125 (3) ..

.. Omit

permit or certificate of registration”, insert

instead “or permit”.

Section 125 (4)

. .

.. Omit

permit or certificate of registration”, insert

instead “or permit”.

Section 125 (6)

.. Omit the subsection.

(j)	Schedule 1, Part 1— After the matter relating to section 161 ( 1), insert :—

Section 167 (4)

.. Omit

permit or certificate of registration” wherever occurring, insert instead “or permit”.

(k) Schedule 1, Part 1—

Omit the matter relating to sections 168b (1) , 168c

and 168d (1).

(11) Schedule 1, Part 2—

From the matter relating to section 1, omit “III”, insert

instead “IIIa”.