Registered Clubs Amendment (Responsible Service of Alcohol Training) Regulation 2003 (NSW)

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2003 No 907

New South Wales

Registered Clubs Amendment

(Responsible Service of Alcohol

Training) Regulation 2003

under the

Registered Clubs Act 1976

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Registered Clubs Act 1976.

GRANT McBRIDE, M.P.,

Minister for Gaming and Racing

Explanatory note
The object of this Regulation is to amend the Registered Clubs Regulation 1996 so as to require the secretary of a registered club, and such staff as are engaged in the retailing of liquor at the club, to have successfully completed an approved course of training with respect to the responsible service of alcohol. The new requirement takes effect on 1 January 2004 for the secretary and any permanent staff, and on 1 July 2004 for any casual staff.

This Regulation is made under the Registered Clubs Act 1976, including section 73 (the general regulation-making power) and section 44B.

Published in Gazette No 191 of 5 December 2003, page 10983	Page 1
2003 No 907	Registered Clubs Amendment (Responsible Service of Alcohol Training)
Clause 1	Regulation 2003

Registered Clubs Amendment (Responsible Service of

Alcohol Training) Regulation 2003

under the

Registered Clubs Act 1976

1 Name of Regulation
This Regulation is the Registered Clubs Amendment (Responsible
Service of Alcohol Training) Regulation 2003.

2 Amendment of Registered Clubs Regulation 1996
The Registered Clubs Regulation 1996 is amended as set out in
Schedule 1.

Registered Clubs Amendment (Responsible Service of Alcohol Training)	2003 No 907
Regulation 2003
Amendments	Schedule 1
Schedule 1 Amendments

(Clause 2)

[1] Part 6A
Insert after Part 6:

Part 6A Responsible service of alcohol training
47A Definitions
In this Part:
recognised RSA certificate means a recognised RSA certificate within the meaning of Part 7A of the Liquor Regulation 1996.
staff member, in relation to a registered club, means any agent or employee of, or person purporting to act on behalf of, the club.

47B Obligations of secretary as to responsible service of alcohol

(1) On and from 1 January 2004, the secretary of a registered club
must not:

(a)

sell, supply or serve liquor by retail on the premises of the club, or

(b)

cause or permit liquor to be sold, supplied or served by retail on the premises of the club,
unless the secretary holds a recognised RSA certificate.
Maximum penalty: 50 penalty units.

(2)

On and from 1 January 2004, the secretary of a registered club must not cause or permit a permanent staff member to sell, supply or serve liquor by retail on the premises of the club unless the permanent staff member holds a recognised RSA certificate.
Maximum penalty: 50 penalty units.

2003 No 907	Registered Clubs Amendment (Responsible Service of Alcohol Training) Regulation 2003
Schedule 1	Amendments

(3)

On and from 1 July 2004, the secretary of a registered club must not cause or permit a casual staff member to sell, supply or serve liquor by retail on the premises of the club unless the casual staff member holds a recognised RSA certificate.
Maximum penalty: 50 penalty units.

47C Obligations of staff members as to responsible service of
alcohol

(1)

On and from 1 January 2004, a permanent staff member of a registered club must not sell, supply or serve liquor by retail on the premises of the club unless the permanent staff member holds a recognised RSA certificate.
Maximum penalty: 10 penalty units.

(2)

On and from 1 July 2004, a casual staff member of a registered club must not sell, supply or serve liquor by retail on the premises of the club unless the casual staff member holds a recognised RSA certificate.
Maximum penalty: 10 penalty units.

47D Conduct of promotional activities
For the purposes of this Part:

(a)

liquor that is sold, supplied or served on the premises of a registered club as part of a promotional activity conducted by someone other than the club is taken to have been sold, supplied or served by retail, and

(b)

any person by whom liquor is sold, supplied or served on the premises of a registered club as part of a promotional activity conducted by someone other than the club is taken to be a permanent staff member.

47E Secretary to keep register of recognised RSA certificates

(1)

It is a condition of the certificate of registration of a registered club that the secretary of the club must keep a register containing:

(a)

a copy of the recognised RSA certificate for the secretary, and

Registered Clubs Amendment (Responsible Service of Alcohol Training)	2003 No 907
Regulation 2003
Amendments	Schedule 1

(b)

a copy of the recognised RSA certificate for each staff member whose duties include the sale, supply or service of liquor by retail.

(2) It is a condition of the certificate of registration of a registered club that the secretary of the club must make the register kept under this clause available for inspection on request by a police officer or special inspector.

[2] Schedule 3 Penalty notice offences
Insert at the end of Schedule 3:
Offences under the Registered Clubs Regulation 1996

Column 1 Column 2 Column 3 Column 4 Column 5
Offence Short description IPB Code Penalty Penalty

(other than (minors)
minors)

Clause 47B — — $550 —
Clause 47C — — $110 —

BY AUTHORITY

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Registered Clubs Amendment (Responsible Service of Alcohol Training) Regulation 2003 (NSW)

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(a)	sell, supply or serve liquor by retail on the premises of the club, or
(b)	cause or permit liquor to be sold, supplied or served by retail on the premises of the club,

(2)	On and from 1 January 2004, the secretary of a registered club must not cause or permit a permanent staff member to sell, supply or serve liquor by retail on the premises of the club unless the permanent staff member holds a recognised RSA certificate.
Maximum penalty: 50 penalty units.

(3)	On and from 1 July 2004, the secretary of a registered club must not cause or permit a casual staff member to sell, supply or serve liquor by retail on the premises of the club unless the casual staff member holds a recognised RSA certificate.
Maximum penalty: 50 penalty units.

(2)	On and from 1 July 2004, a casual staff member of a registered club must not sell, supply or serve liquor by retail on the premises of the club unless the casual staff member holds a recognised RSA certificate.
Maximum penalty: 10 penalty units.

(a)	liquor that is sold, supplied or served on the premises of a registered club as part of a promotional activity conducted by someone other than the club is taken to have been sold, supplied or served by retail, and
(b)	any person by whom liquor is sold, supplied or served on the premises of a registered club as part of a promotional activity conducted by someone other than the club is taken to be a permanent staff member.

(b)	a copy of the recognised RSA certificate for each staff member whose duties include the sale, supply or service of liquor by retail.
(2)	It is a condition of the certificate of registration of a registered club that the secretary of the club must make the register kept under this clause available for inspection on request by a police officer or special inspector.