Registered Clubs and Liquor Legislation Amendment Act 1997 (NSW)
New South Wales
Registered Clubs and Liquor
Legislation Amendment Act 1997
No 73
Contents
Page
| 1 | Name of Act | 2 |
| 2 | Commencement | 2 |
| 3 | Amendment of Registered Clubs Act 1976 No 31 | 2 |
| 4 | Amendment of Liquor Act 1982 No 147 | 2 |
Schedules
1 Amendments to Registered Clubs Act 1976 relating to
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2 Miscellaneous amendments to Registered Clubs Act
| |||
| 3 |
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New South Wales
Registered Clubs and Liquor
Legislation Amendment Act 1997
No 73
Act No 73, 1997
An Act to amend the Registered Clubs Act 1976 to make further provision with respect to the election of governing bodies of registered clubs, and with respect to administrative and machinery matters; to amend the Liquor Act 1982 with respect to administrative and machinery matters; and for other purposes. [Assented to 10 July 1997]
| Section 1 | Registered Clubs and Liquor Legislation Amendment Act 1997 No 73 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Registered Clubs and Liquor Legislation
Amendment Act 1997.
2 Commencement
This Act commences on a day or days to be appointed ty proclamation.
3 Amendment of Registered Clubs Act 1976 No 31
The Registered Clubs Act 1976 is amended as set out in
Schedules 1 and 2.
4 Amendment of Liquor Act 1982 No 147
The Liquor Act 1982 is amended as set out in Schedule 3.
Registered Clubs and Liquor Legislation Amendment Act 1997 No 73
| Amendments to Registered Clubs Act 1976 relating to election of | Schedule 1 |
| members of governing bodies |
| Schedule 1 | Amendments to Registered Clubs Act 1976 relating to election of members of governing bodies |
(Section 3)
[1] Section 30 Rules of registered clubs
Omit section 30 (1) (a). Insert instead:
| (a) | The governing body of the club responsible for the management of the business and affairs of the club is to be elected: | |||||
|
accordance with Schedule 4,
at an election in respect of which the full members
only of the club are entitled to vote.
[2] Section 30 (5A)
Insert after section 30 (5):
(5A) Subsection (1) (d) (ii) does not apply in respect of a
registered club that is:
| (a) | a race club registered or licensed by the AJC Principal Club, or |
| (b) | a harness racing club registered by Harness Racing New South Wales, or |
| (c) | a greyhound racing club registered by the Greyhound Racing Authority (NSW). |
[3] Section 73 Regulations
Insert at the end of section 73 (1) (m):
, or
| (n) | any matter relating to the conduct of an election of the members of the governing body of a registered club. |
Registered Clubs and Liquor Legislation Amendment Act 1997 No 7 3
| Schedule 2 | Miscellaneous amendments to Registered Clubs Act 1976 |
| Schedule 2 | M iscellaneous amendments to Registered Clubs Act 1976 |
(Section 3)
[1] Section 23 Functions on club premises
Insert after section 23 (3):
| (3A) | It is a sufficient defence to a prosecution of a secretary of a registered club for an offence under subsection (3) if it is proved that: | |||
|
[2] Section 54B Gaming on club premises prohibited
| Insert “ , or any other lawful gaming or wagering activity,” after “1901” in section 54B (3). |
[3] Section 56
Omit the section. Insert instead:
56 General defence available to secretary of registered club
to prosecutions
| (1) | Except as provided by subsection (2), it is a sufficient defence to a prosecution of a secretary of a registered club for an offence under this Part if it is proved that: | |||
|
Registered Clubs and Liquor Legislation Amendment Act 1997 No 73
| Miscellaneous amendments to Registered Clubs Act 1976 | Schedule 2 |
| (2) | Subsection (1) does not apply to: | |||
|
[4 ] Section 82D Protection of sensitive areas of poker machines
Insert after section 82D (1):
| (1A) | A specially authorised person must, if the person breaks any seal in doing anything referred to in subsection (l) , replace the seal. |
| Maximum penalty: 100 penalty units. |
[5 ] Section 82D (2)
| Omit “A person”. Insert instead “Except as provided by subsection (2A), a person”. |
[ 6 ] Section 82D (2A)
Insert after section 82D (2):
(2A) Subsection (2) does not prevent the holder of a technician's licence from doing any of the following things in relation to the compliance plate on a poker machine, so long as the machine is not operated at any time when the compliance plate is not attached to the machine:
| (a) | moving the compliance plate to another part of the machine, |
| (b) | removing the compliance plate if it is damaged, and replacing it with a new compliance plate, |
| (c) | destroying any such damaged compliance plate, |
| (d) | temporarily removing the compliance plate in order to enable work to be done to the facade of the machine. |
Registered Clubs and Liquor Legislation Amendment Act 1997 No 73
| Schedule 2 | Miscellaneous amendments to Registered Clubs Act 1976 |
[7 ] Section 82D (4)
Insert before the definition of computer cabinet:
compliance plate has the same meaning as in section
116D.
[8 ] Schedule 2 Transitional provisions
Insert at the end of clause 1A (1):
Registered Clubs and Liquor Legislation Amendment Act
1997
Registered Clubs and Liquor Legislation Amendment Act 1997 No 73
| Amendment of Liquor Act 1982 | Schedule 3 |
| Schedule 3 | Amendment of Liquor Act 1982 |
(Section 4)
Section 35C Nightclub licence-trading hours
Omit section 35C (2) (d). Insert instead:
| (d) | on a Sunday that is 31 December and is not a restricted trading day-from noon to 2 am on the following day (whether or not that following day is a restricted trading day). |
Section 86KA Payment by instalments
Omit section 86KA (2). Insert instead:
| (2) | Quarterly instalments of duty are payable by a hotelier in respect of each instalment period. The liability to pay such an instalment lies with the hotelier who holds the licence concerned at the end of the instalment period. |
Section 117D U se of approved amusement device by minor prohibited
Omit “an approved” from section 117D (2). Insert instead “an”.
Section 126 Gaming on licensed premises
Insert “, or any other lawful gaming or wagering activity,” after
“1901” in section 126 (3).
Section 161 Authority to keep approved gaming devices
Omit “used and operated” from section 161 (1 ) .
Insert instead “kept, used or operated”.
| P a g e | 7 |
Registered Clubs and Liquor Legislation Amendment Act 1997 No 73
| Schedule 3 | Amendment of Liquor Act 1982 |
[6] Section 195 Protection of sensitive areas of approved amusement devices
Insert after section 195 (1):
| (1A) | A specially authorised person must, if the person breaks any seal in doing anything referred to in subsection ( l) , replace the seal. |
| Maximum penalty: 100 penalty units. |
[7] Section 195 (2)
| Omit “A person”. Insert instead “Except as provided by subsection (2A), a person” |
[8] Section 195 (2A)
Insert after section 195 (2):
(2A) Subsection (2) does not prevent the holder of an amusement device technician's licence from doing any of the following things in relation to the compliance plate on an approved amusement device, so long as the device is not operated at any time when the compliance plate is not attached to the device:
moving the compliance plate to another part of the
device,
removing the compliance plate if it is damaged,
and replacing it with a new compliance plate,
destroying any such damaged compliance plate,
temporarily removing the compliance plate in order to enable work to be done to the facade of the device.
Registered Clubs and Liquor Legislation Amendment Act 1997 No 73
| Amendment of Liquor Act 1982 | Schedule 3 |
Section 195 (4)
Insert before the definition of computer cabinet:
compliance plate has the same meaning as in section
186.
Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Registered Clubs and Liquor Legislation Amendment Act
1997
| [Minister's second reading speech made in | — |
Legislative Assembly on 17 June 1997
Legislative Council on 27 June 1997]
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