New South Wales Consolidated Acts

AUSTRALIAN JOCKEY AND SYDNEY TURF CLUBS MERGER ACT 2010 - SECT 14

14 Transfer of transferable regulatory authorisations

(1) Each of the transferable regulatory authorisations (an
"original regulatory authorisation" ) becomes a regulatory authorisation of the merged racing club (the
"transferred regulatory authorisation" ) on the merger finalisation day for the purposes of the State legislation under which the original regulatory authorisation was issued (the
"relevant State legislation" ).

(2) A transferred regulatory authorisation:

(a) has effect as if it had been issued to the merged racing club for the remainder of the period (if any) for which the original regulatory authorisation was issued, unless it is sooner cancelled, forfeited, surrendered or otherwise ceases to have effect under the relevant State legislation, and

(b) is subject to the same terms, conditions and endorsements as the original regulatory authorisation until those terms, conditions or endorsements are altered, varied or revoked in accordance with the relevant State legislation.

(3) The provisions of the Registered Clubs Act 1976 and the Liquor Act 2007 (and of the regulations made under those Acts) apply in relation to the merged racing club subject to the following modifications:

(a) the rules referred to in section 30 (1) (a) and (b) of the Registered Clubs Act 1976 do not apply in relation to the merged racing club,

(b) section 32 (1) of the Registered Clubs Act 1976 does not prevent the club from having more than one secretary and, in particular, from having one secretary approved under section 33 of that Act for the purposes of that Act and a different secretary or chief executive officer for the club in its capacity as a company,

(c) section 34 (3A) of the Registered Clubs Act 1976 does not operate to make a person or the club guilty of an offence against section 34 (2) of that Act if the person is acting as a secretary or chief executive officer for the club in its capacity as a company and another person has been approved as the secretary for the club in its capacity as a registered club,

(d) section 66 (2) (a) of the Liquor Act 2007 is to be read as being confined to the secretary of the club approved for the purposes of the Registered Clubs Act 1976 ,

(e) such modifications as may be prescribed by the regulations (being modifications that relate to the operation of this Division).

Note : Section 41J (Disposal by registered club of real property) of the Registered Clubs Act 1976 has no operation in relation to the transfer of the AJC's or STC's core property by operation of this Division because the disposal has been effected by this Division rather than by the AJC or STC.

(4) The Minister is not to recommend the making of a regulation for the purposes of subsection (3) (e) unless the Minister administering the Act or regulations proposed to be modified has consented to the modification concerned.

(5) The person or body (a
"regulatory body" ) that has the function under the relevant State legislation of issuing regulatory authorisations of the same kind as a transferred regulatory authorisation must, at the request of the merged racing club, re-issue the transferred regulatory authorisation in the name of the merged racing club (with substantially the same terms, conditions and endorsements as the transferred regulatory authorisation).

(6) No fee or charge is payable by the merged racing club to a regulatory body for or in respect of the exercise of any function by the regulatory body in connection with the transfer or re-issue of a regulatory authorisation by operation of, or under, this section.

(7) In this section:

"issued" includes given.