New South Wales Consolidated Acts

GREYHOUND RACING ACT 2017 - SECT 94

94 Liability etc of unincorporated greyhound racing clubs

(1) This Act applies to an unincorporated greyhound racing club (the
"unincorporated club" ) as if it were a corporation, but with the changes set out in this section.

(2) An obligation or liability that would otherwise be imposed on the unincorporated club by or under this Act is imposed on each management member of the club instead, but may be discharged by any of the management members.

(3) An amount that would be payable under this Act by the unincorporated club is jointly and severally payable by the management members of the club.

(4) An offence under a provision of this Act or the regulations that would otherwise be committed by the unincorporated club is taken to have been committed by each management member of the club who knew or ought reasonably to have known--

(a) of the conduct constituting the offence, or

(b) that there was a substantial risk that the offence would be committed.

: Maximum penalty--the penalty for a contravention of the provision by an individual.

(5) For the purposes of subsection (4), it is a defence for the management member of the unincorporated club to prove--

(a) the member exercised reasonable diligence to ensure the club complied with the provision, or

(b) the member was not in a position to influence the conduct of the club in relation to the offence.

(6) Nothing in this section affects the application of any other law relating to the criminal liability of any persons (whether or not management members of the unincorporated club) who are accessories to the commission of an offence or are otherwise involved in the contravention giving rise to an offence.

(7) Subsection (4) does not apply to a management member of the unincorporated club acting on a voluntary basis, whether or not the member is reimbursed for the expenses incurred by the member for carrying out activities for the club.

(8) For the purposes of this section, a change in the composition of the unincorporated club does not affect the continuity of the club.

(9) In this section--

"management member" of an unincorporated club means--

(a) if the body has a management committee--each member of the management committee, or

(b) in any other case--each member who is concerned with, or takes part in, the club's management, whatever name is given to the member's position in the club.