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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
iquor and Registered Clubs
egislation Further Amendment
Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Liquor Act 1982 No 147 2
4 Amendment of Registered Clubs Act 1976 No 31 2
Schedules
1 Amendment of Liquor Act 1982 3
2 Amendment of Registered Clubs Act 1976 7
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
iquor and Registered Clubs
egislation Further Amendment
Bill 2001
Act No , 2001
An Act to amend the Liquor Act 1982 in respect of the sale and supply of liquor in
nursing homes and hospitals, the sale of liquor on vessels, the promotion of liquor
to minors and caterer's licences; to amend the Registered Clubs Act 1976 in
relation to the promotion of liquor to minors; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Liquor and Registered Clubs Legislation Further Amendment Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Liquor and Registered Clubs Legislation Further
Amendment Act 2001.
2 Commencement
(1) Except as provided by subsections (2)-(4), this Act commences on the
date of assent.
(2) Schedule 1 [1], [2] and [5] and Schedule 2 [2] commence on a day or
days to be appointed by proclamation.
(3) Schedule 1 [6] commences on the date of commencement of Schedule
1 [12] to the Liquor and Registered Clubs Legislation Amendment
Act 2001.
(4) Schedule 1 [10] commences, or is taken to have commenced, on 25
November 2001.
3 Amendment of Liquor Act 1982 No 147
The Liquor Act 1982 is amended as set out in Schedule 1.
4 Amendment of Registered Clubs Act 1976 No 31
The Registered Clubs Act 1976 is amended as set out in Schedule 2.
Page 2
Liquor and Registered Clubs Legislation Further Amendment Bill 2001
Amendment of Liquor Act 1982 Schedule 1
Schedule 1 Amendment of Liquor Act 1982
(Section 3)
[1] Section 4 Definitions
Omit "section 6 (c)-(f)" from paragraph (c1) of the definition of person
authorised to sell liquor in section 4 (1).
Insert instead "section 6 (1) (c)-(f) or (2)".
[2] Section 6 Application of Act
Insert at the end of section 6:
(2) Nothing in this Act applies to or in respect of the sale or supply
of liquor:
(a) to a person who is not a minor and who is a resident of
a nursing home within the meaning of the Nursing
Homes Act 1988, if the liquor is sold or supplied by a
person in charge of, or a person acting with the
authority of a person in charge of, the nursing home, or
(b) to a person who is not a minor and:
(i) who is an in-patient of a public hospital within
the meaning of the Health Services Act 1997, or
(ii) who is a patient of a private hospital within the
meaning of the Private Hospitals and Day
Procedure Centres Act 1988, or
(iii) who is an in-patient of any other medical facility
of a class prescribed by the regulations,
if the liquor is sold or supplied by a person in charge of,
or a person acting with the authority of a person in
charge of, the hospital or facility.
[3] Section 35 On-licence (vessel or aircraft)--trading hours
Insert "unless the berth is at a wharf prescribed by the regulations and no
persons other than passengers and crew are being allowed on board," after
"passage, " in section 35 (2) (a).
Page 3
Liquor and Registered Clubs Legislation Further Amendment Bill 2001
Schedule 1 Amendment of Liquor Act 1982
[4] Section 35 (4)
Insert after section 35 (3):
(4) A regulation is not to be made under subsection (2) (a) unless
the Minister administering the Environmental Planning and
Assessment Act 1979 has concurred in the making of the
regulation. The validity of a regulation under that subsection is
not affected by a failure to comply with this subsection.
[5] Section 117J
Insert after section 117I:
117J Director may prohibit undesirable promotion of liquor
(1) The Director may, by order in writing served on a licensee,
prohibit the licensee from carrying on or being involved in an
activity involving the promotion of liquor described in the
order if the Director considers:
(a) that the promotion is likely to have a special appeal to
minors:
(i) because of the use of designs, motifs or
characters in the promotion that are, or are likely
to be, attractive to minors, or
(ii) for any other reason, and
(b) that it is desirable in the public interest to prohibit the
carrying on of or involvement in the activity.
(2) Before making an order under this section, the Director must
have regard to any relevant guidelines concerning the making
of orders or the promotion of liquor approved by the Minister
for the purposes of this section.
(3) A licensee who, without reasonable excuse, fails to comply
with an order under this section is guilty of an offence.
Maximum penalty: 50 penalty units.
[6] Section 128 Sale of liquor through internet or by other communication
media
Omit section 128 (3) (b) and (6) (b) (as proposed to be inserted by Schedule
1 [12] to the Liquor and Registered Clubs Legislation Amendment
Act 2001).
Page 4
Liquor and Registered Clubs Legislation Further Amendment Bill 2001
Amendment of Liquor Act 1982 Schedule 1
[7] Section 139 False or misleading statements
Insert ", or submitted or otherwise given to the Minister" after "registrar" in
section 139 (2).
[8] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Liquor and Registered Clubs Legislation Further Amendment
Act 2001
[9] Schedule 1, clause 55 (3) (a)
Omit the paragraph.
[10] Schedule 1, clause 78
Omit "for 2 years after that commencement".
Insert instead "until 25 November 2004".
[11] Schedule 1
Insert in Schedule 1 (with appropriate Part and clause numbers):
Part Liquor and Registered Clubs Legislation
Further Amendment Act 2001
Provision consequent on the decision of the High Court in Ha v
New South Wales
(1) This clause applies to a licence that was, immediately before 5
August 1997, suspended under section 83 (7) (as in force
immediately before its repeal) because a reassessed licence fee
had not been paid in full.
(2) A licence to which this clause applies is, on and from 5 August
1997, taken not to have been suspended by reason of failure to
pay a reassessed licence fee in full.
Page 5
Liquor and Registered Clubs Legislation Further Amendment Bill 2001
Schedule 1 Amendment of Liquor Act 1982
Validation of dine-or-drink authority
Despite section 56 (9) (a) (iv):
(a) a dine-or-drink authority is taken not to have been
automatically cancelled on the first anniversary of its
grant if any part of the fee for the authority remained
unpaid at that time, and
(b) if full payment of the fee is made at some time after the
first anniversary of its grant and before the
commencement of this clause, a dine-or-drink authority
is taken to have been in force between the anniversary
and the time that payment was made.
Page 6
Liquor and Registered Clubs Legislation Further Amendment Bill 2001
Amendment of Registered Clubs Act 1976 Schedule 2
Schedule 2 Amendment of Registered Clubs Act 1976
(Section 4)
[1] Section 55 False or misleading statements
Insert ", or submitted or otherwise given to the Minister" after "registrar" in
section 55 (2).
[2] Section 57D
Insert after section 57C:
57D Director may prohibit undesirable promotion of liquor
(1) The Director may, by order in writing served on a registered
club, prohibit the registered club from carrying on or being
involved in an activity involving the promotion of liquor
described in the order if the Director considers:
(a) that the promotion is likely to have a special appeal to
minors:
(i) because of the use of designs, motifs or
characters in the promotion that are, or are likely
to be, attractive to minors, or
(ii) for any other reason, and
(b) that it is desirable in the public interest to prohibit the
carrying on of or involvement in the activity.
(2) Before making an order under this section, the Director must
have regard to any relevant guidelines concerning the making
of orders or the promotion of liquor approved by the Minister
for the purposes of this section.
(3) A registered club that, without reasonable excuse, fails to
comply with an order under this section is guilty of an offence.
Maximum penalty: 50 penalty units.
[3] Schedule 2 Transitional provisions
Insert at the end of clause 1A (1):
Liquor and Registered Clubs Legislation Further Amendment
Act 2001
Page 7
Liquor and Registered Clubs Legislation Further Amendment Bill 2001
Schedule 2 Amendment of Registered Clubs Act 1976
[4] Schedule 2, clause 73 (3) (a)
Omit the paragraph.
[5] Schedule 2
Insert in Schedule 2 (with appropriate Part and clause numbers):
Part Liquor and Registered Clubs Legislation
Further Amendment Act 2001
Provision consequent on the decision of the High Court in Ha v
New South Wales
(1) This clause applies to a certificate of registration that was,
immediately before 5 August 1997, suspended under section
15 (8) (as in force immediately before its repeal) because a
registration fee had not been paid in full.
(2) A certificate of registration to which this clause applies is, on
and from 5 August 1997, taken not to have been suspended by
reason of failure to pay a registration fee in full.
Page 8
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