Law Reform - The Registered Clubs Regulation 2025
There have been no sweeping changes made by the renewal. However, there are some amendments to improve its operation and clarity.
Recently repealed on 1 September this year, The Registered Clubs Regulation 2015 has been renewed. The updated regulation, the Registered Clubs Regulation 2025, came into effect upon the repeal of the previous regulation.
There have been no sweeping changes made by the renewal. However, there are some amendments to improve its operation and clarity. Club boards and managers should be particularly aware of how changes to disclosure and reporting may affect both their obligations at law, and members’ rights access to information.
Most of the key amendments relate to the Registered Clubs Accountability Code (Accountability Code) (now Schedule 1 of the Regulation), which include the following:-
- Member requests for financial statements are now limited to 5 years by default, unless the club wishes to provide them for longer. Previously, no timeframe was specified. [Accountability Code, Section 11(1)]
- Clarification that, where practicable, financial statements must be prepared and available for each registered club. This is intended to give certainty to the reporting requirement for amalgamated clubs. [Accountability Code, Section 11(1)]
- Reports on gaming machine profits to members can either be on the financial year or gaming machine tax year. [Accountability Code, Section 10(2)(l) and 10(3)]
- Clarification of contract detail disclosure with top executives, requiring the disclosure of the combined total of top executive remuneration in line with the Corporations Act requirements. [Accountability Code, Section 10(2)(d) and (e)]
- Volunteer secretaries are permitted, but require a formal agreement with the club that has been reviewed by an independent and qualified adviser and approved by the board (in line with paid secretaries). [Accountability Code, Section 4]
Clarification has also been given to confirm that governing body appointed directors are not required to comply with eligibility requirements in the club’s constitution[Section 26(2)(b)].
Club operators must also note that maximum penalties for breaches of the Accountability Code have been increased to 100 penalty units for offences committed by a secretary, director or close associate because of a contravention by the club. Maximum penalties for breaches of the Code committed by an individual remain at 50 penalty units.
Liquor and Gaming NSW have cited their Compliance and Enforcement Policy in noting that there will be a graduated and proportionate compliance and enforcement approach taken to the 2025 Regulation. Businesses can therefore expect the approach to be akin to that of the 2024 Vibrancy Reforms.
To read the full list of reforms announced by Liquor & Gaming NSW, please click here.
Should you wish to obtain further clarity on the regulatory environment for registered clubs, please contact our office via telephone on (02) 8530 0333, or via email at licensing@bsvliquorlicence.com.au.
