Definition of Top Executive
Following consultation with the club industry, a new definition of top executive has been developed which clarifies that only those people with a clear managerial role at a registered club will be defined as top executives.
The previous definition of "top executive" resulted in difficulties due to the broad reach of this definition - in some cases employees with no managerial responsibilities, such as greenkeepers or bar staff, were captured.
Clubs are encouraged to actively nominate employees who they consider would fall into the category of top executive as it is now defined in section 41B(1) of the Act and clause 47FA of the regulation as follows:
Section 41B(1) - Definition of "top executive"
top executive of a registered club means each of the following:
(a) the secretary of the club,
(b) a person appointed under section 34A as the manager of any premises of the club,
(c) a person who is, or who is of a class, prescribed by the regulations for the purposes of this definition.
Clause 47FA - Definition of "top executive"
(1) Except as provided by subclause (2), the following persons are prescribed for the purposes of the definition of top executive of a registered club in section 41B(1) of the Act:
(a) a person appointed under section 34A (3) of the Act to act as a manager of any premises of the club,(b) a person (other than the secretary of the club, any manager appointed under section 34A of the Act or any person referred to in paragraph (a)) who is one of the 5 highest paid employees of the club (including any person who acts in the position of any such employee for a continuous period of not less than 3 months),
(c) any person who is nominated by the club as a top executive.
(2) Subclause (1) does not apply in relation to a person if:
(a) the person's total remuneration package does not exceed $100,000 per year, or(b) the person is not involved in the general administration of the registered club or with its liquor and gaming business.