sec.103MRequirements of club and secretary

### sec.103M Requirements of club and secretary A restricted liquor permit is subject to the following conditions— the rules of the relevant club must comply with the schedule, unless the commissioner has given written permission to the club to vary the rules; if an amendment of the rules of the relevant club is adopted by the club— within 14 days after adoption of the amendment, the club’s secretary must give the commissioner a certified copy of the amendment; and the amendment takes effect at the end of 28 days after the commissioner receives the certified copy unless the commissioner has disallowed the amendment by written notice given to the club’s secretary; the relevant club’s secretary must keep on the club premises a register of— the name and address of each club member; and particulars of the most recent membership subscription paid by the member; the relevant club’s secretary must keep on the club premises a register of— the name of each guest of a member or visitor to the club premises; and the current place of residence of each guest or visitor or, if the guest or visitor is a member of a reciprocal club, the name of the reciprocal club; the relevant club’s secretary must keep the registers mentioned in paragraphs (c) and (d) open for inspection by an investigator at any time when the club is open. The regulations may prescribe amendments to which subsection (1) (b) (i) does not apply. An amendment to which subsection (1) (b) (i) does not apply takes effect as soon as it is adopted by the relevant club. Subsection (1) (d) does not apply in relation to a guest or visitor who is— a minor; or a member of a reciprocal club if the guest or visitor provides evidence of membership of the reciprocal club when the guest or visitor enters the relevant club; or for a relevant club that is an RSL or Services Club— an RSL honorary member; or a defence member if the guest or visitor displays his or her current service identity card when the guest or visitor enters the relevant club. However, if the rules of the relevant club require a register to be kept for members of a reciprocal club, subsection (1) (d) continues to apply in relation to a guest or visitor who— is a member of that reciprocal club; and if the relevant club is an RSL or Services Club, is not also— an RSL honorary member; or a defence member who displays his or her current service identity card when the guest or visitor enters the relevant club. To remove any doubt, subsection (1) (d) continues to apply in relation to a guest or visitor who is— a guest of a member of a reciprocal club; or for a relevant club that is an RSL or Services Club— a guest of an RSL honorary member; or a guest of a defence member. A person must not make an entry in a register, or give information to someone else to enter in a register, mentioned in subsection (1) (c) or (d) , that the person knows is false, misleading or incomplete in a material particular. Maximum penalty—35 penalty units. The relevant club’s secretary may keep the registers mentioned in subsection (1) (c) and (d) in hard copy or electronic form. It is enough for a complaint against a person for an offence against subsection (4) to state that the information entered was false, misleading or incomplete to the person’s knowledge. In this section— relevant club means the club to which the permit relates. s 103M ins 2002 No. 47 s 51 amd 2004 No. 39 s 6 sub 2008 No. 48 s 13 amd 2011 No. 44 s 23 ; 2012 No. 25 s 144 (1) (sec.103M-ssec.1) A restricted liquor permit is subject to the following conditions— the rules of the relevant club must comply with the schedule, unless the commissioner has given written permission to the club to vary the rules; if an amendment of the rules of the relevant club is adopted by the club— within 14 days after adoption of the amendment, the club’s secretary must give the commissioner a certified copy of the amendment; and the amendment takes effect at the end of 28 days after the commissioner receives the certified copy unless the commissioner has disallowed the amendment by written notice given to the club’s secretary; the relevant club’s secretary must keep on the club premises a register of— the name and address of each club member; and particulars of the most recent membership subscription paid by the member; the relevant club’s secretary must keep on the club premises a register of— the name of each guest of a member or visitor to the club premises; and the current place of residence of each guest or visitor or, if the guest or visitor is a member of a reciprocal club, the name of the reciprocal club; the relevant club’s secretary must keep the registers mentioned in paragraphs (c) and (d) open for inspection by an investigator at any time when the club is open. (sec.103M-ssec.2) The regulations may prescribe amendments to which subsection (1) (b) (i) does not apply. (sec.103M-ssec.3) An amendment to which subsection (1) (b) (i) does not apply takes effect as soon as it is adopted by the relevant club. (sec.103M-ssec.3A) Subsection (1) (d) does not apply in relation to a guest or visitor who is— a minor; or a member of a reciprocal club if the guest or visitor provides evidence of membership of the reciprocal club when the guest or visitor enters the relevant club; or for a relevant club that is an RSL or Services Club— an RSL honorary member; or a defence member if the guest or visitor displays his or her current service identity card when the guest or visitor enters the relevant club. (sec.103M-ssec.3B) However, if the rules of the relevant club require a register to be kept for members of a reciprocal club, subsection (1) (d) continues to apply in relation to a guest or visitor who— is a member of that reciprocal club; and if the relevant club is an RSL or Services Club, is not also— an RSL honorary member; or a defence member who displays his or her current service identity card when the guest or visitor enters the relevant club. (sec.103M-ssec.3C) To remove any doubt, subsection (1) (d) continues to apply in relation to a guest or visitor who is— a guest of a member of a reciprocal club; or for a relevant club that is an RSL or Services Club— a guest of an RSL honorary member; or a guest of a defence member. (sec.103M-ssec.4) A person must not make an entry in a register, or give information to someone else to enter in a register, mentioned in subsection (1) (c) or (d) , that the person knows is false, misleading or incomplete in a material particular. Maximum penalty—35 penalty units. (sec.103M-ssec.4A) The relevant club’s secretary may keep the registers mentioned in subsection (1) (c) and (d) in hard copy or electronic form. (sec.103M-ssec.5) It is enough for a complaint against a person for an offence against subsection (4) to state that the information entered was false, misleading or incomplete to the person’s knowledge. (sec.103M-ssec.6) In this section— relevant club means the club to which the permit relates. - (a) the rules of the relevant club must comply with the schedule, unless the commissioner has given written permission to the club to vary the rules; - (b) if an amendment of the rules of the relevant club is adopted by the club— (i) within 14 days after adoption of the amendment, the club’s secretary must give the commissioner a certified copy of the amendment; and (ii) the amendment takes effect at the end of 28 days after the commissioner receives the certified copy unless the commissioner has disallowed the amendment by written notice given to the club’s secretary; - (i) within 14 days after adoption of the amendment, the club’s secretary must give the commissioner a certified copy of the amendment; and - (ii) the amendment takes effect at the end of 28 days after the commissioner receives the certified copy unless the commissioner has disallowed the amendment by written notice given to the club’s secretary; - (c) the relevant club’s secretary must keep on the club premises a register of— (i) the name and address of each club member; and (ii) particulars of the most recent membership subscription paid by the member; - (i) the name and address of each club member; and - (ii) particulars of the most recent membership subscription paid by the member; - (d) the relevant club’s secretary must keep on the club premises a register of— (i) the name of each guest of a member or visitor to the club premises; and (ii) the current place of residence of each guest or visitor or, if the guest or visitor is a member of a reciprocal club, the name of the reciprocal club; - (i) the name of each guest of a member or visitor to the club premises; and - (ii) the current place of residence of each guest or visitor or, if the guest or visitor is a member of a reciprocal club, the name of the reciprocal club; - (e) the relevant club’s secretary must keep the registers mentioned in paragraphs (c) and (d) open for inspection by an investigator at any time when the club is open. - (i) within 14 days after adoption of the amendment, the club’s secretary must give the commissioner a certified copy of the amendment; and - (ii) the amendment takes effect at the end of 28 days after the commissioner receives the certified copy unless the commissioner has disallowed the amendment by written notice given to the club’s secretary; - (i) the name and address of each club member; and - (ii) particulars of the most recent membership subscription paid by the member; - (i) the name of each guest of a member or visitor to the club premises; and - (ii) the current place of residence of each guest or visitor or, if the guest or visitor is a member of a reciprocal club, the name of the reciprocal club; - (a) a minor; or - (b) a member of a reciprocal club if the guest or visitor provides evidence of membership of the reciprocal club when the guest or visitor enters the relevant club; or - (c) for a relevant club that is an RSL or Services Club— (i) an RSL honorary member; or (ii) a defence member if the guest or visitor displays his or her current service identity card when the guest or visitor enters the relevant club. - (i) an RSL honorary member; or - (ii) a defence member if the guest or visitor displays his or her current service identity card when the guest or visitor enters the relevant club. - (i) an RSL honorary member; or - (ii) a defence member if the guest or visitor displays his or her current service identity card when the guest or visitor enters the relevant club. - (a) is a member of that reciprocal club; and - (b) if the relevant club is an RSL or Services Club, is not also— (i) an RSL honorary member; or (ii) a defence member who displays his or her current service identity card when the guest or visitor enters the relevant club. - (i) an RSL honorary member; or - (ii) a defence member who displays his or her current service identity card when the guest or visitor enters the relevant club. - (i) an RSL honorary member; or - (ii) a defence member who displays his or her current service identity card when the guest or visitor enters the relevant club. - (a) a guest of a member of a reciprocal club; or - (b) for a relevant club that is an RSL or Services Club— (i) a guest of an RSL honorary member; or (ii) a guest of a defence member. - (i) a guest of an RSL honorary member; or - (ii) a guest of a defence member. - (i) a guest of an RSL honorary member; or - (ii) a guest of a defence member.