53Conditions about inequitable benefits

53 Conditions about inequitable benefits (1) It is a condition of a licence for a club that nobody, whether or not a member of a club, directly or indirectly derives a benefit from the club other than a benefit that— (a) is available equally to all voting members of the club; or (b) arises under an agreement in which the parties are dealing with each other at arm’s length; or (c) is given to a member under a resolution passed at a general meeting of voting members. (2) It is a condition of a licence for a club that nobody, whether or not a member of a club, directly or indirectly derives a benefit that is not available equally to all voting members of the club from— (a) the club having applied for a licence; or (b) a licence being issued to the club; or (c) any added value that may accrue to the premises of the club because of a licence being issued to the club. (3) For this section, a person is not taken to be not dealing with the club at arm’s length only because— (a) the person and the club are corporations that are related under the Corporations Act, section 50; or (b) the person, or an individual representing the person in dealings with the club, is an influential person for the club.

(4) This section does not prevent a person taking a benefit if— (a) the person is offered the benefit (whether or not under the rules of the club) in the course of acting on behalf of the club while performing the person’s normal duties as an employee or director of the club; and (b) the benefit consists only of— (i) reasonable food or refreshment; or (ii) out-of-pocket expenses reasonably incurred and authorised by a resolution of the club’s management committee or board; or (iii) an expense relating to the person’s duties paid by someone else and authorised by a resolution of the club’s management committee or board. Example—expense paid by someone else conference fees