Part 6 Offences in relation to clubs
43A Offer of inducement for purchase or provision of goods or services
(1) A person who provides, or offers to provide, or causes to be provided or offered, to a registered club or any other person any benefit or advantage as the whole or a part of the consideration for the purchase by, or provision to, the club of goods or services is guilty of an offence unless the benefit or advantage:(a) is to be received by the club and comprises money or money’s worth (including any trade-ins) that is clearly set out in a written agreement for purchase or provision of the goods or services, or(b) is clearly set out in a written agreement and comprises reasonable training of a member of the staff of the club in the operation or maintenance of approved gaming machines.Maximum penalty: 100 penalty units.
(2) A person who provides, or offers to provide, or causes to be provided or offered, to a registered club a benefit or advantage for use by a person, or by more than one person individually, is guilty of an offence unless:(a) the benefit or advantage is openly and generally available to all clubs or other persons or to those of a specified class or specified classes, and(b) the benefit or advantage is predominantly educational and relates to a specific and genuine course of study, and(c) the benefit or advantage would be of significant assistance to the club, and(d) the person making the offer does not, in making the offer or before a decision on the offer is made by the club, select a person to benefit from the offer or make any representations in relation to, or take part in, the selection of such a person, and(e) the person making the offer does not, if the offer is accepted, select any person to receive the benefit or advantage, or take part in the selection of such a person, or make any representations in relation to the selection of such a person.Maximum penalty: 100 penalty units.
(3) A registered club or other person is guilty of an offence if the club or other person:(a) accepts or agrees to accept a benefit, advantage or offer the provision or making of which is an offence under this section, or(b) seeks a benefit, advantage or offer the provision or making of which would be an offence under this section.Maximum penalty: 100 penalty units.
45 Unauthorised persons using club premises
(1) If, on any day, a person uses any of the accommodation, facilities or amenities provided on the premises of a registered club and:(a) is not a member of the club, or a guest of such a member, or(a1) is an honorary member of the club (as referred to in section 30A) and the particulars required by section 31 (1) (b1) have not been entered on that day in the register of honorary members kept by the club in accordance with the rule of the club referred to in section 30 (2) (j1), or(b) is a temporary member of the club (other than a temporary member referred to in section 30B) and the particulars required by section 31 (1) (e) have not been entered on that day in the register of temporary members kept by the club in accordance with the rule of the club referred to in section 30 (2) (m), or(b1) is a temporary member of the club (as referred to in section 30B) and the particulars required by section 31 (1) (f) have not been entered in the register of temporary members kept by the club in accordance with the rule of the club referred to in section 30 (2) (n), or(c) is not attending a function in accordance with a club functions authorisation under section 23,the person, the club and the secretary of the club are each guilty of an offence.Maximum penalty: 10 penalty units.
(2) It is a defence to a prosecution for an offence under subsection (1) (a) committed by a registered club or its secretary if it is proved that all reasonable steps were taken to prevent persons other than members and guests of members from using the accommodation, facilities and amenities provided on the premises of the club.(2A) It is a defence to a prosecution for an offence under subsection (1) (a1) or (b) committed by a registered club or its secretary if it is proved that all reasonable steps were taken in endeavouring to prevent commission of such an offence.(3) It is a sufficient defence to a prosecution of a person for an offence under subsection (1) if it is proved that the person to whom the offence relates was an apprentice or trainee, within the meaning of the Apprenticeship and Traineeship Act 2001, when the offence was committed and that that person used the accommodation, facilities or amenities referred to in the information for the offence in the course of carrying out work on the accommodation, facilities or amenities and for the purpose only of receiving trade training as such an apprentice or trainee.
45A Minors’ names not to be entered in guests’ register
A person who makes an entry relating to a guest under the age of 18 years in the register kept for the purposes of section 30 (2) (k) is guilty of an offence and liable to a penalty not exceeding 10 penalty units.
If any rule, being a rule referred to in section 30 (1), (2) or (2A) (except section 30 (2) (g) or (h)) of a registered club is broken:(a) the registered club, and(b) if it is a rule referred to in section 30 (2) or (2A), the secretary of the registered club,are each guilty of an offence and liable to a penalty, in the case of the registered club, not exceeding 10 penalty units and, in the case of the secretary, not exceeding 5 penalty units.
A registered club must, within one month after amending its rules, lodge with the Director, in electronic form or in such other manner as may be approved by the Director, a copy of all the rules of the club (other than the rules contained in section 30 (1) and (2)) and of the amendments certified as correct by the secretary of the club.Maximum penalty: 5 penalty units.
(1) (Repealed)(2) If there is not kept continuously displayed in a conspicuous place in the vicinity of the place where the register is kept for the purposes of section 30 (2) (k) a notice, complying with the requirements, if any, prescribed for the purposes of this subsection and containing such particulars as may be so prescribed, with respect to the obligations of members in relation to their guests who are under the age of 18 years:(a) the registered club, and(b) the secretary of the registered club,are each guilty of an offence and liable to a penalty not exceeding 20 penalty units.(3) It is a defence to a prosecution of a registered club, or of the secretary of the club, for an offence under this section if it is proved that:(a) the secretary of the club had taken all reasonable precautions to avoid commission of the alleged offence, and(b) at the time of the alleged offence the secretary of the club did not know, and could not reasonably be expected to have known, that the alleged offence had been committed.
56 General defence available to secretary of registered club
(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:(a) the secretary had taken all reasonable precautions to avoid commission of the alleged offence, and(b) at the time of the alleged offence the secretary did not know, and could not reasonably be expected to have known, that the alleged offence had been committed.(2) Subsection (1) does not apply to any other offence under this Part in respect of which a defence is specifically available to the secretary of a registered club.