110 Publication requirements for corporate societies

(1)

This section applies to a corporate society that mainly or wholly distributes net proceeds to the community.

(2)

A corporate society must publish, at intervals of not more than 3 months, the availability of net proceeds for authorised purposes.

(3)

A corporate society must publish, at least 1 month before any net proceeds are distributed through grants to the community,—

(a)

details of where to obtain an application form for a grant, who will consider applications, and the criteria against which they will be considered; and

(b)

the names of the persons who hold office in the corporate society and a brief summary of their background; and

(c)

the process that the corporate society follows for dealing with complaints regarding distribution of net proceeds.

(4)

A corporate society must publish at least annually, or at any shorter intervals specified by regulations, a statement that discloses the following matters:

(a)

details of all applications received from applicants during the reporting period:

(b)

details disclosing, for each application that has been determined during the reporting period,—

(i)

whether it has been accepted in full or declined in full:

(ii)

whether it has been accepted in part and declined in part:

(iii)

if it has been declined in full or in part, the reasons for that decision:

(c)

every amount of net proceeds from class 4 gambling distributed in the reporting period and the applicant to whom that amount relates:

(d)

any interest that any member of a corporate society’s net proceeds committee has in any applicant who is a recipient of a grant that—

(i)

has been made by that committee; and

(ii)

is required to be disclosed under paragraph (c):

(e)

the results of the corporate society’s annual review of the criteria, methods, systems, and policies it uses for considering the distribution of net proceeds from class 4 gambling:

(f)

any other matters prescribed by regulations.

(4A)

For the purposes of subsection (4)(d), a member of a corporate society’s net proceeds committee has an interest in a recipient of a grant (a recipient) if—

(a)

the member may derive a financial benefit from the grant or may have a financial interest in the recipient; or

(b)

the member is a part of the immediate family of the recipient; or

(c)

where the recipient is an organisation, club, society, or association, the member is—

(i)

an officer or a member of the recipient; or

(ii)

a part of the immediate family of an officer or a member of the recipient; or

(d)

the member is, or has been, the recipient’s lawyer or is under a professional obligation to the recipient in another professional capacity; or

(e)

the member is, or has been, employed by the recipient, or is, or has been, indebted to the recipient, or is, or has been, involved in business or financial dealings with the recipient; or

(f)

the member is otherwise connected or involved with the recipient in a way that can reasonably be perceived as having influenced the decision to make the grant to the recipient.

(4B)

A corporate society must, in accordance with the regulations, provide the Secretary with an electronic version of every statement published under subsection (4).

(5)

A corporate society that fails to comply with this section commits an offence and is liable on conviction to a fine not exceeding $5,000.

(6)

In this section,—

applicant means persons or groups who have applied to the corporate society for grants of net proceeds from class 4 gambling

net proceeds committee means a committee established under the regulations to make decisions on the application or distribution of net proceeds to or for an authorised purpose specified in the licence

part of the immediate family, in relation to an officer or a member of a corporate society’s net proceeds committee, means a person—

(a)

who is the member’s—

(i)

spouse, civil union partner, or de facto partner; or

(ii)

parent, child, sister, or brother; or

(b)

who is the parent, child, sister, or brother of the member’s spouse, civil union partner, or de facto partner

publish means to publish in accordance with the regulations

regulations means regulations made under section 114

reporting period, in relation to a statement of any kind required to be published under subsection (4), means the period prescribed by the regulations for a statement of that kind.

Section 110(1): amended, on 3 March 2015, by section 66(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 110(3)(c): amended, on 3 March 2015, by section 66(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 110(4): replaced, on 3 October 2016, by section 22(1) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 110(4A): inserted, on 3 October 2016, by section 22(1) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 110(4B): inserted, on 3 October 2016, by section 22(1) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).

Section 110(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 110(6): replaced, on 3 October 2016, by section 22(2) of the Gambling Amendment Act (No 2) 2015 (2015 No 90).