sec.79Requirements of club and secretary

### sec.79 Requirements of club and secretary A community club licence is subject to the following conditions— the rules of the relevant club must comply with the schedule, except as otherwise authorised in writing by the commissioner; if an amendment of the rules of the relevant club is adopted by the club— the relevant club’s secretary must, within 14 days after the adoption of the amendment, give to the commissioner a certified copy of the proposed amendment; and the amendment takes effect at the end of 28 days after receipt by the commissioner of the certified copy, unless, within that period, the commissioner disallows the amendment by written notice given to the relevant club’s secretary; the relevant club’s secretary must keep on the club premises a register of— the name and address of each member of the club; and particulars of payment of the membership subscription last 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 register mentioned in paragraph (c) or (d) open for inspection at any time by an investigator. 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 to a person who is— a minor; or a visitor mentioned in section 77 (6) or (7) . Subsection (1) (d) does not apply in relation to a guest or visitor who is— 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 register mentioned in subsection (1) (c) or (d) in hard copy or electronic form. It is enough for a complaint against a person for an offence against subsection (5) 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 licence relates. s 79 sub 2001 No. 39 s 49 ; 2008 No. 48 s 13 amd 2011 No. 44 s 19 ; 2012 No. 25 s 144 (1) (sec.79-ssec.1) A community club licence is subject to the following conditions— the rules of the relevant club must comply with the schedule, except as otherwise authorised in writing by the commissioner; if an amendment of the rules of the relevant club is adopted by the club— the relevant club’s secretary must, within 14 days after the adoption of the amendment, give to the commissioner a certified copy of the proposed amendment; and the amendment takes effect at the end of 28 days after receipt by the commissioner of the certified copy, unless, within that period, the commissioner disallows the amendment by written notice given to the relevant club’s secretary; the relevant club’s secretary must keep on the club premises a register of— the name and address of each member of the club; and particulars of payment of the membership subscription last 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 register mentioned in paragraph (c) or (d) open for inspection at any time by an investigator. (sec.79-ssec.2) The regulations may prescribe amendments to which subsection (1) (b) (i) does not apply. (sec.79-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.79-ssec.4) Subsection (1) (d) does not apply to a person who is— a minor; or a visitor mentioned in section 77 (6) or (7) . (sec.79-ssec.4A) Subsection (1) (d) does not apply in relation to a guest or visitor who is— 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.79-ssec.4B) 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.79-ssec.4C) 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.79-ssec.5) 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.79-ssec.5A) The relevant club’s secretary may keep the register mentioned in subsection (1) (c) or (d) in hard copy or electronic form. (sec.79-ssec.6) It is enough for a complaint against a person for an offence against subsection (5) to state that the information entered was false, misleading or incomplete to the person’s knowledge. (sec.79-ssec.7) In this section— relevant club means the club to which the licence relates. - (a) the rules of the relevant club must comply with the schedule, except as otherwise authorised in writing by the commissioner; - (b) if an amendment of the rules of the relevant club is adopted by the club— (i) the relevant club’s secretary must, within 14 days after the adoption of the amendment, give to the commissioner a certified copy of the proposed amendment; and (ii) the amendment takes effect at the end of 28 days after receipt by the commissioner of the certified copy, unless, within that period, the commissioner disallows the amendment by written notice given to the relevant club’s secretary; - (i) the relevant club’s secretary must, within 14 days after the adoption of the amendment, give to the commissioner a certified copy of the proposed amendment; and - (ii) the amendment takes effect at the end of 28 days after receipt by the commissioner of the certified copy, unless, within that period, the commissioner disallows the amendment by written notice given to the relevant 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 member of the club; and (ii) particulars of payment of the membership subscription last paid by the member; - (i) the name and address of each member of the club; and - (ii) particulars of payment of the membership subscription last 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 register mentioned in paragraph (c) or (d) open for inspection at any time by an investigator. - (i) the relevant club’s secretary must, within 14 days after the adoption of the amendment, give to the commissioner a certified copy of the proposed amendment; and - (ii) the amendment takes effect at the end of 28 days after receipt by the commissioner of the certified copy, unless, within that period, the commissioner disallows the amendment by written notice given to the relevant club’s secretary; - (i) the name and address of each member of the club; and - (ii) particulars of payment of the membership subscription last 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 visitor mentioned in section 77 (6) or (7) . - (a) 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 - (b) 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.