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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Liquor and Gaming Legislation
Amendment Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments to the Liquor
Licensing Act 1988
3. The Act amended 3
4. Long title amended 3
5. Section 1 (short title) amended 3
6. Section 3 amended 3
7. Section 3A inserted 9
3A. Meaning of "drunk" 9
8. Section 4 amended 9
9. Section 5 amended 9
10. Section 7 amended 10
11. Part 2 Division 2 replaced 11
Division 2 -- The Liquor Commission
8. Commission established 11
9. The Commission's jurisdiction 11
9A. Constitution of Commission 11
Division 2A -- Members of the Commission
9B. Commission members 12
9C. Tenure of office 12
9D. Deputy chairperson 12
9E. Removal or resignation 13
9F. Leave of absence 13
9G. Termination of term of office may be
deferred 14
9H. Remuneration and conditions of members 14
166--3 page i
Liquor and Gaming Legislation Amendment Bill 2006
Contents
Division 2B -- Other matters
9I. Decisions of the Commission 14
9J. Official seal 15
9K. Annual reports 15
9L. Laying annual report before House of
Parliament not sitting 16
9M. Immunity 17
12. Section 13 amended 17
13. Section 16 amended 18
14. Section 18 amended 20
15. Section 18A inserted 20
18A. Enforcement of decisions 20
16. Section 19 amended 21
17. Section 20 amended 21
18. Section 21 amended 22
19. Section 22 amended 22
20. Part 2 Division 6 heading amended 22
21. Section 24 amended 22
22. Section 25 amended 23
23. Section 26 replaced 24
26. Certain decisions of Director to be given
effect unless otherwise directed 24
24. Section 27 amended 25
25. Section 28 amended 25
26. Section 29 amended 27
27. Part 2 Division 7 replaced 28
Division 7 -- Confidential police information
30. Confidential police information 28
28. Section 33 amended 31
29. Section 35B amended 31
30. Section 37 amended 32
31. Section 37B inserted 33
37B. Taking of fingerprints and palm prints 33
32. Part 3 Division 2 heading replaced 34
Division 2 -- Licences
33. Section 38 replaced 35
38. Licensing authority to be satisfied that
certain applications are in the public
interest 35
34. Section 41 amended 36
35. Section 46 amended 38
36. Sections 46A and 46B inserted 39
46A. Variation of special facility licences 39
page ii
Liquor and Gaming Legislation Amendment Bill 2006
Contents
46B. Alternatives to, and replacements of,
special facility licences 39
37. Part 3 Division 3 heading deleted 40
38. Section 48 amended 41
39. Section 49 amended 42
40. Section 50 amended 43
41. Section 55 amended 43
42. Section 58 amended 44
43. Section 60 amended 44
44. Section 61A inserted 47
61A. Limitations relating to permits for extended
hours 47
45. Section 63 amended 47
46. Section 64 amended 47
47. Section 65B inserted 49
65B. Prescribed conditions relating to the
responsible promotion of liquor 49
48. Section 67 amended 50
49. Section 68 amended 50
50. Section 69 amended 50
51. Section 71 repealed 52
52. Section 72 amended 52
53. Section 73 amended 53
54. Section 74 amended 53
55. Section 75 amended 53
56. Section 76 amended 54
57. Section 77 amended 55
58. Section 80 amended 55
59. Section 81 amended 55
60. Section 84 amended 55
61. Section 86 amended 55
62. Section 87 amended 56
63. Section 90 repealed 56
64. Section 91 amended 56
65. Section 93 amended 57
66. Section 95 amended 58
67. Section 97 amended 58
68. Sections 98 to 98H inserted 58
98. Permitted hours under a hotel licence 58
98A. Permitted hours under a nightclub licence 59
98B. Permitted hours under a casino liquor
licence 60
page iii
Liquor and Gaming Legislation Amendment Bill 2006
Contents
98C. Permitted hours under a special facility
licence 60
98D. Permitted hours under a liquor store
licence 60
98E. Permitted hours under a club licence and
club restricted licence 61
98F. Permitted hours under a restaurant
licence 62
98G. Permitted hours under a producer's
licence 62
98H. Permitted hours under a wholesaler's
licence 63
69. Section 100 amended 63
70. Section 102 amended 64
71. Part 4 Division 3A inserted 65
Division 3A -- Responsible practices in selling,
supplying and serving liquor
103A. Responsible practices in selling, supplying
and serving liquor 65
72. Section 104 amended 66
73. Section 105 amended 66
74. Section 106 amended 67
75. Section 108 replaced 67
108. Certain licensees to exhibit charges for
meals and liquor 67
76. Section 109 amended 67
77. Section 110 amended 68
78. Section 113A inserted 68
113A. Licensees to include certain details on
website 68
79. Section 114 amended 69
80. Section 115 amended 69
81. Section 115A inserted 73
115A. Free drinking water to be provided at
certain licensed premises 73
82. Section 116 amended 74
83. Section 116A inserted 74
116A. Register of incidents at licensed premises
to be maintained 74
84. Part 4 Division 7 heading replaced 74
Division 7 -- Complaints to Director
85. Section 117 amended 75
86. Section 119 amended 78
87. Part 4 Division 8A inserted 78
page iv
Liquor and Gaming Legislation Amendment Bill 2006
Contents
Division 8A -- Conduct of unapproved businesses
on or from licensed premises
119A. Conduct of unapproved businesses on or
from licensed premises 78
88. Section 121 amended 79
89. Section 122 amended 80
90. Section 123 amended 81
91. Section 126 amended 81
92. Sections 126A and 126B inserted and section 104
consequentially amended 82
126A. Licensees may apply for approval of
entertainment for juveniles on licensed
premises 82
126B. Director may approve entertainment for
juveniles on licensed premises 83
93. Part 4 Division 10 inserted 84
Division 10 -- Miscellaneous
126C. Crowd controllers to be authorised when
exercising powers of removal 84
126D. Sale of undesirable liquor products 85
126E. Modified operation of Act for special
events 86
94. Section 127 amended 87
95. Section 128 amended 87
96. Part 5 Division 3 heading amended 88
97. Part 5A inserted 88
Part 5A -- Prohibition orders
152A. Terms used in this Part 88
152B. Commissioner of Police may apply for
prohibition orders 88
152C. Evidence in support of application 89
152D. Relevant person to be given notice of
application 89
152E. Director may make prohibition orders 90
152F. Term of prohibition orders 91
152G. Applications to vary or revoke prohibition
orders 91
152H. Evidence in support of application 91
152I. Respondent to be given notice of
application 92
152J. Director may vary or revoke prohibition
orders 92
152K. Notification of orders 93
152L. Failure to comply with orders 93
98. Section 155 amended 94
page v
Liquor and Gaming Legislation Amendment Bill 2006
Contents
99. Section 165 amended 94
100. Section 167 amended 95
101. Section 172 amended 95
102. Section 175 amended 95
103. Section 177A inserted 96
177A. Transitional provisions relating to the
Liquor and Gaming Legislation
Amendment Act 2006 96
104. Schedule 1A inserted 97
Schedule 1A -- Transitional provisions relating to
the Liquor and Gaming Legislation
Amendment Act 2006
1. Terms used in this Schedule 97
2. Liquor Licensing Court 97
3. Liquor Licensing Court judge 98
4. Pending cases stated and appeals to
Supreme Court 98
5. Pending applications and matters 98
6. Licences granted and permits issued by
Liquor Licensing Court 99
7. Cabaret licences 99
8. Courses of training and assessments 99
9. References to the Liquor Licensing Court
and Liquor Licensing Court judge 100
10. Transitional regulations 100
105. Schedule 2 amended 101
106. Amendments relating to the Liquor Commission 101
107. Amendments relating to nightclub licences 102
108. Amendments relating to guest accommodation 102
109. Amendments relating to the use of reasonable
force 102
110. Amendments relating to penalty amounts 103
111. Amendments relating to approved forms 105
Part 3 -- Amendments to the Gaming
and Wagering Commission
Act 1987
112. The Act amended 107
113. Part II Division 7 inserted 107
Division 7 -- Confidential police information
20A. Confidential police information 107
page vi
Liquor and Gaming Legislation Amendment Bill 2006
Contents
Part 4 -- Amendments to other Acts
114. Amendments relating to the amended title of the
Liquor Licensing Act 1988 110
115. Amendments relating to the title of the repealed
Liquor Act 1970 110
116. Constitution Acts Amendment Act 1899 amended 111
117. Equal Opportunity Act 1984 amended 112
page vii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee of the Whole)
Liquor and Gaming Legislation
Amendment Bill 2006
A Bill for
An Act to amend --
• the Liquor Licensing Act 1988; and
• the Gaming and Wagering Commission Act 1987,
and to provide for related matters, including minor amendments to
certain other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Liquor and Gaming Legislation Amendment Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Liquor and Gaming Legislation Amendment
Act 2006.
5 2. Commencement
(1) This Part comes into operation on the day after the day on
which this Act receives the Royal Assent.
(2) This Act, other than this Part, comes into operation on a day
fixed by proclamation.
10 (3) Different days may be fixed under subsection (2) for different
provisions.
page 2
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 3
Part 2 -- Amendments to the Liquor Licensing
Act 1988
3. The Act amended
The amendments in this Part are to the Liquor Licensing
5 Act 1988*.
[* Reprint 4 as at 9 June 2006.]
4. Long title amended
The long title is amended after "use of liquor," by inserting --
"
10 to provide for orders that may prohibit persons from being
employed at, or from entering, licensed premises,
".
5. Section 1 (short title) amended
Section 1 is amended by deleting "Licensing" and inserting
15 instead --
" Control ".
6. Section 3 amended
(1) Section 3(1) is amended as follows:
(a) by deleting the definition of "affected area";
20 (b) by deleting the definition of "cabaret licence";
(c) by deleting the definitions of "Category A licence" and
"Category B licence";
(d) before the definition of "closing time" by inserting --
"
25 "chairperson" means the chairperson of the
Commission;
";
page 3
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 6
(e) in the definition of "club licence" after "section 48" by
inserting --
"
, which may be granted without restriction or as a
5 club restricted licence
";
(f) after the definition of "club restricted licence" by
inserting --
"
10 "Commission" means the Liquor Commission
established under section 8;
";
(g) after the definition of "condition" by inserting --
"
15 "confidential police information" means any
information or document classified by the
Commissioner of Police as confidential under
section 30(1);
"consume", in relation to liquor, includes inhale and
20 absorb;
";
(h) by deleting the definition of "Court" and inserting --
"
"crowd control agent" has the same meaning as it has
25 in the Security and Related Activities (Control)
Act 1996 section 34;
"crowd controller's licence" means a licence issued
for the purposes of the Security and Related
Activities (Control) Act 1996 section 37;
30 ";
page 4
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 6
(i) by deleting the definition of "the Director" and inserting
instead --
"
"Director" or "Director of Liquor Licensing" means
5 the chief executive officer of the department of the
Public Service principally assisting in the
administration of this Act;
";
(j) after the definition of "disqualified" by inserting --
10 "
"drunk" has the meaning given by section 3A(1);
";
(k) in the definition of "hotel licence" by deleting "and
includes a hotel restricted licence and a tavern licence;"
15 and inserting instead --
"
, which may be granted without restriction, as a
hotel restricted licence, as a tavern licence or as a
small bar licence;
20 ";
(l) by deleting the definition of "the judge";
(m) after the definition of "lease" by inserting --
"
"legal practitioner" means a person who --
25 (a) is a legal practitioner, as defined in the Legal
Practice Act 2003; or
(b) has been admitted to legal practice in another
State or a Territory;
";
30 (n) by deleting the definition of "licence" and inserting
instead --
"
"licence" means a licence granted under this Act;
";
page 5
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 6
(o) in the definition of "licence fee" after "period" by
inserting --
" or the fee payable in respect of a permit ";
(p) in the definition of "liquor" --
5 (i) in paragraph (a), by deleting "beverage" and
inserting instead --
"
substance intended for human consumption
";
10 and
(ii) in paragraph (c), by deleting "beverage or";
(q) in the definition of "lodger" by deleting ", other than in
section 105(2),";
(r) by deleting the definition of "meal" and inserting
15 instead --
"
"meal" means food --
(a) that is eaten by a person sitting at a table, or
a fixed structure used as a table, with cutlery
20 provided for the purpose of eating the food;
and
(b) that is of sufficient substance as to be
ordinarily accepted as a meal; and
(c) that may consist of one or more courses,
25 but does not include any food prescribed by the
regulations not to be a meal;
";
(s) in the definition of "member" after "accordance with"
by inserting --
30 "
regulations referred to in section 49(3)(c)(iv) and
";
page 6
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 6
(t) after the definition of "member" by inserting --
"
"member", in relation to the Commission, means a
member of the Commission and includes the
5 chairperson;
";
(u) after the definition of "metropolitan area" by
inserting --
"
10 "nightclub licence" means a licence granted under
section 42;
";
(v) in the definition of "owner" after "licensed premises" by
inserting --
15 " or regulated premises ";
(w) in the definition of "permitted hours" by deleting
"section 97" and inserting instead --
" Part 4 Division 1 ";
(x) after the definition of "restaurant licence" by
20 inserting --
"
"sample", in relation to a type of liquor, means the
prescribed quantity of that type of liquor;
";
25 (y) after the definition of "ship" by inserting --
"
"small bar licence" means a hotel licence of the kind
referred to in section 41(1)(aa);
";
30 (z) after the definition of "subsidy" by inserting --
"
"substance", in the definition of "liquor", includes a
vapour;
".
page 7
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 6
(2) Section 3(2)(b) is amended after "containers" by inserting --
" or any device ".
(3) Section 3(4) is amended as follows:
(a) after paragraph (a) by inserting --
5 " or ";
(b) at the end of paragraph (c) by deleting the comma and
inserting --
"
; or
10 (d) occupies a position, in relation to the body
corporate, prescribed by the regulations to be a
position of authority,
".
(4) After section 3(6) the following subsection is inserted --
15 "
(7) In the definition of "authorised person" in
subsection (1) --
"employee" includes --
(a) a person engaged under a contract for
20 services by the licensee, occupier or manager
of licensed or regulated premises; and
(b) a person holding a crowd controller's licence
who is employed by a crowd control agent
engaged under a contract for services by the
25 licensee or occupier or a manager of licensed
premises to supply the services of crowd
controllers at those premises.
".
page 8
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 7
7. Section 3A inserted
After section 3 the following section is inserted --
"
3A. Meaning of "drunk"
5 (1) A person is "drunk" for the purposes of this Act if --
(a) the person is on licensed premises or regulated
premises; and
(b) the person's speech, balance, co-ordination or
behaviour appears to be noticeably impaired;
10 and
(c) it is reasonable in the circumstances to believe
that that impairment results from the
consumption of liquor.
(2) If an authorised officer or a person on whom a duty is
15 imposed under section 115 decides, in accordance with
subsection (1), that a person is drunk at a particular
time, then, in the absence of proof to the contrary, that
person is to be taken to be drunk at that time.
".
20 8. Section 4 amended
Section 4(8) is repealed.
9. Section 5 amended
(1) Section 5(1) is amended at the end of paragraph (b) by deleting
the full stop and inserting --
25 "
; and
(c) to cater for the requirements of consumers for
liquor and related services, with regard to the
proper development of the liquor industry, the
30 tourism industry and other hospitality industries
in the State.
".
page 9
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 10
(2) Section 5(2) is amended as follows:
(a) after "the following" by inserting --
" secondary ";
(b) by deleting paragraphs (a), (b) and (c) and inserting
5 instead --
"
(a) to facilitate the use and development of
licensed facilities, including their use and
development for the performance of live
10 original music, reflecting the diversity of the
requirements of consumers in the State; and
".
(3) After section 5(2) the following subsection is inserted --
"
15 (3) If, in carrying out any of its functions under this Act,
the licensing authority considers that there is any
inconsistency between the primary objects referred to
in subsection (1) and the secondary objects referred to
in subsection (2), the primary objects take precedence.
20 ".
10. Section 7 amended
(1) Section 7(1)(a) is amended by deleting "Licensing Court;" and
inserting instead --
" Commission; ".
25 (2) Section 7(3) and (4) are repealed and the following subsection is
inserted instead --
"
(3) Subject to this Act, the Director --
(a) is not to exercise jurisdiction in respect of a
30 matter before the Commission or within the
jurisdiction of the Commission; and
page 10
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 11
(b) is not subject to direction by the Commission,
except as a party to proceedings or as may be
specifically provided by this Act.
".
5 11. Part 2 Division 2 replaced
Part 2 Division 2 is repealed and the following Divisions are
inserted instead --
"
Division 2 -- The Liquor Commission
10 8. Commission established
A commission called the Liquor Commission is
established.
9. The Commission's jurisdiction
(1) The Commission has the jurisdiction conferred on it by
15 this Act and any other written law.
(2) The Commission constituted in accordance with this
Act may sit and exercise the jurisdiction of the
Commission even though the Commission differently
constituted in accordance with this Act is at the same
20 time sitting and exercising the jurisdiction of the
Commission.
9A. Constitution of Commission
(1) Except as otherwise stated in this Act or determined by
the chairperson under subsection (2), the Commission
25 is to be constituted by one member.
(2) The chairperson may determine that, in respect of any
particular matter or any matter of a particular kind, the
Commission is to be constituted by 3 members.
page 11
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 11
(3) If the Commission is constituted by 3 members and
they are divided on a question they are required to
decide, the question is decided according to the opinion
of the majority of them.
5 Division 2A -- Members of the Commission
9B. Commission members
(1) The Commission is to have --
(a) a chairperson; and
(b) other members as determined by the Minister.
10 (2) The chairperson and other members are to be appointed
in writing by the Minister.
(3) A person may be appointed as a member if, in the
opinion of the Minister, the person has knowledge or
experience relevant to the functions of the
15 Commission.
(4) The Minister is to ensure that at least one member is a
legal practitioner.
9C. Tenure of office
(1) A member is to be appointed to hold office on a
20 full-time basis, part-time basis or sessional basis.
(2) The term for which a person is appointed as a member
is to be fixed in the instrument of appointment and is to
be not longer than 5 years.
(3) A person's eligibility for reappointment or the term for
25 which a person may be reappointed is not affected by
an earlier appointment.
9D. Deputy chairperson
(1) The Minister is to appoint a member as the deputy
chairperson of the Commission.
page 12
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 11
(2) The deputy chairperson may act as chairperson --
(a) in the absence of the chairperson; or
(b) if so requested by the chairperson; or
(c) during a vacancy in the office of chairperson.
5 (3) While acting as chairperson the deputy chairperson
has, and may perform, the functions of chairperson.
(4) No act or omission of a person acting in the place of
the chairperson under this section is to be questioned
on the ground that the occasion for acting had not
10 arisen or had ceased.
9E. Removal or resignation
(1) The Minister may terminate the term of office of a
member if --
(a) the member has been convicted of an indictable
15 offence or an offence that, if committed in
Western Australia, would be an indictable
offence; or
(b) the member is an insolvent under
administration according to the meaning of that
20 term in the Commonwealth Corporations
Act 2001; or
(c) the Minister is satisfied that the member has
become incapable of performing, or has
neglected to perform, the duties of office; or
25 (d) the Minister is satisfied that the member is unfit
to hold office because of misconduct.
(2) A member may resign office by giving the Minister a
signed letter of resignation.
9F. Leave of absence
30 The Minister may grant leave of absence to a member
on the terms and conditions that the Minister thinks fit.
page 13
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 11
9G. Termination of term of office may be deferred
Despite the term of office of a member having expired
by the passage of time, the member may continue in
office --
5 (a) until the member is reappointed, or a successor
is appointed; and
(b) in any event for the purpose of completing any
part-heard proceedings,
unless the Minister otherwise directs.
10 9H. Remuneration and conditions of members
(1) The remuneration and allowances and other conditions
of office of a member are to be determined by the
Minister after consultation with the Minister for Public
Sector Management.
15 (2) Subsection (1) has effect subject to the Salaries and
Allowances Act 1975 if that Act applies to the member.
(3) The remuneration and allowances and conditions of
office of a member are not to be varied while the
member is in office so as to become less favourable to
20 the member.
Division 2B -- Other matters
9I. Decisions of the Commission
(1) A decision of the Commission is to be given in writing
and authenticated in accordance with rules of the
25 Commission.
(2) The Commission is to give a copy of a decision to each
party to the proceedings.
page 14
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 11
(3) A failure of the Commission to comply with
subsection (1) or (2) does not affect the validity of a
decision.
9J. Official seal
5 (1) The Commission is to have a seal.
(2) All courts and persons acting judicially are required to
take judicial notice of the official seal of the
Commission affixed to a document.
(3) If the official seal of the Commission is affixed to a
10 document, a court or person acting judicially is to
presume that it was properly affixed unless the contrary
is proved.
9K. Annual reports
(1) The chairperson is required, on or before 30 September
15 in each year, to submit to the Minister an annual report
on the activities of the Commission during the year
ending on the preceding 30 June.
(2) The annual report is to include details of --
(a) the number, nature and outcome of matters that
20 have come before the Commission; and
(b) the number and nature of matters that are
outstanding; and
(c) any trends or special problems that may have
emerged; and
25 (d) forecasts of the workload of the Commission in
the year after the year to which the report
relates; and
(e) any proposals for improving the operation of
the Commission.
page 15
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 11
(3) The Minister is to cause a copy of each report
submitted under subsection (1) to be laid before each
House of Parliament within 28 days after submission of
the report.
5 (4) The chairperson, if requested to do so by the Minister,
is to report to the Minister about the jurisdiction and
functions of the Commission or any matter connected
with the exercise of that jurisdiction or the performance
of those functions.
10 (5) The chairperson may, from time to time, report to the
Minister about anything referred to in subsection (4)
whether or not the chairperson has been requested to do
so.
9L. Laying annual report before House of Parliament
15 not sitting
(1) If --
(a) at the commencement of the period within
which section 9K(3) requires a copy of a report
to be laid before a House of Parliament, the
20 House is not sitting; and
(b) the Minister is of the opinion that the House
will not sit during that period,
the Minister is to transmit a copy of the report to the
Clerk of the House.
25 (2) A copy of a report transmitted to the Clerk of a House
is to be regarded as having been laid before that House.
(3) The laying of a copy of a report that, under
subsection (2), is to be regarded as having occurred is
to be recorded in the Minutes, or Votes and
30 Proceedings, of the House on the first sitting day of the
House after the Clerk received the copy.
page 16
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 12
9M. Immunity
(1) A member has, in the performance of his or her
functions as member, the same protection and
immunity as a judge of the Supreme Court has in the
5 performance of his or her duties as a judge.
(2) A person representing a party in proceedings in the
Commission has the same protection and immunity as
a legal practitioner has in representing a party in
proceedings in the Supreme Court.
10 (3) A party to proceedings in the Commission has the same
protection and immunity as a party to proceedings in
the Supreme Court.
(4) A person appearing as a witness before the
Commission has the same protection and immunity as
15 a witness has in proceedings in the Supreme Court.
".
12. Section 13 amended
(1) Section 13(1) is repealed.
(2) Section 13(2) is amended by deleting "Court, to the chief
20 executive officer of the relevant department of the Public
Service." and inserting instead --
" Commission. ".
(3) Section 13(3)(b) is amended by deleting "the judge of the
Liquor Licensing Court." and inserting instead --
25 " a member of the Commission. ".
(4) After section 13(3) the following subsection is inserted --
"
(3a) Subsection (3) does not limit the functions of the
Director as a chief executive officer under the Public
30 Sector Management Act 1994.
".
page 17
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 13
(5) Section 13(4) is repealed and the following subsection is
inserted instead --
"
(4) The Director is to determine applications and matters
5 under this Act that are not subject to the jurisdiction of
the Commission, and may defer consideration or
further consideration of any application or matter if it is
necessary to obtain more information.
".
10 13. Section 16 amended
(1) Section 16(1)(b) is amended by deleting "notwithstanding
subsection (7), is not bound by legal rules relating to evidence
or procedure but".
(2) Section 16(7) and (8) are repealed and the following subsections
15 are inserted instead --
"
(7) The Evidence Act 1906 does not apply to the
proceedings of the licensing authority, however
constituted, and the licensing authority --
20 (a) is not bound by the rules of evidence or any
practices or procedures applicable to courts of
record, except to the extent that the licensing
authority adopts those rules, practices or
procedures or the regulations make them apply;
25 and
(b) is to act according to equity, good conscience
and the substantial merits of the case without
regard to technicalities and legal forms; and
(c) is to act as speedily and with as little formality
30 and technicality as is practicable.
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Amendments to the Liquor Licensing Act 1988 Part 2
s. 13
(8) The hearing of a proceeding before the Commission is
to be in private unless the Commission considers that,
in the circumstances of the case, the hearing should be
in public.
5 ".
(3) Section 16(9) is amended as follows:
(a) by deleting the portion of the subsection before
paragraph (b) and inserting instead --
"
10 When the hearing of a proceeding before the
Commission is in private, the Commission, of its own
motion or on the application of a party to the
proceeding, may --
(a) subject to section 17, give directions as to the
15 persons who may be present; and
";
(b) in paragraph (b), by deleting ", whether in public or in
private,".
(4) Section 16(10) is amended as follows:
20 (a) by deleting paragraph (a) and "or" after it;
(b) by deleting "proceedings should be public and that";
(c) by deleting "to the public and";
(d) by deleting "hearing should be held in private or why".
(5) Section 16(11) is amended after "and (9)" by inserting --
25 " and section 30 ".
(6) Section 16(14) is amended by deleting "licensee or manager"
and inserting instead --
" person ".
page 19
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 14
14. Section 18 amended
(1) Section 18(2)(a) is amended by deleting "the judge;" and
inserting instead --
" a member; ".
5 (2) Section 18(3)(a) is amended by deleting "judge" and inserting
instead --
" chairperson ".
(3) Section 18(3)(c) is amended by deleting "Rules of Court" and
inserting instead --
10 " rules of the Commission ".
15. Section 18A inserted
(1) After section 18 the following section is inserted --
"
18A. Enforcement of decisions
15 (1) Subject to sections 19 and 143, a decision of the
licensing authority, however constituted, may be
enforced under this section.
(2) A person seeking to enforce a decision under this
section may file in the Supreme Court --
20 (a) a copy of the decision that the licensing
authority has certified to be a true copy; and
(b) the person's affidavit stating to what extent the
decision has not been complied with; and
(c) a certificate from the licensing authority stating
25 that the decision is appropriate for filing in the
Supreme Court.
(3) No charge is to be made for filing a copy of a decision,
an affidavit or a certificate under this section.
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 16
(4) On filing, the decision is to be taken to be a decision of
the Supreme Court and may be enforced accordingly.
".
16. Section 19 amended
5 (1) Section 19(1) is repealed.
(2) Section 19(2) is amended as follows:
(a) by deleting "or the Court makes an order for the
payment of costs" and inserting instead --
" by the licensing authority, however constituted, ";
10 (b) by deleting "or the costs".
17. Section 20 amended
(1) Section 20(1) is amended as follows:
(a) in paragraph (a)(i), by deleting "the Liquor Licensing
Court judge," and inserting instead --
15 " a member, ";
(b) by deleting the passage from and including "Liquor
Licensing Court judge may" to the end of the subsection
and inserting instead --
"
20 chairperson may report the matter to the District Court,
and the District Court has jurisdiction to deal with the
matter as if it were a contempt of the District Court.
".
(2) After section 20(1) the following subsection is inserted --
25 "
(1a) If subsection (1) applies to an act or omission by a
person and that act or omission is also an offence under
this Act, the person is not liable to be punished twice.
".
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 18
(3) Section 20(3)(c) is amended by deleting "the judge," and
inserting instead --
" a member, ".
18. Section 21 amended
5 Section 21(3) is repealed.
19. Section 22 amended
Section 22 is amended as follows:
(a) by deleting "of Court" and inserting instead --
" of the Commission ";
10 (b) by deleting "Liquor Licensing Court judge," and
inserting instead --
" Commission, ".
20. Part 2 Division 6 heading amended
The heading to Part 2 Division 6 is amended by deleting
15 "Court," and inserting instead --
" Commission, ".
21. Section 24 amended
(1) Section 24 is amended before "The" by inserting the subsection
designation "(1)".
20 (2) At the end of section 24 the following subsection is inserted --
"
(2) When hearing and determining a matter or part of a
matter referred under subsection (1), the Commission
is to be constituted by 3 members if --
25 (a) the matter or part of a matter relates to an
application for the grant or removal of a
licence; or
page 22
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 22
(b) the matter or part of a matter relates to the
making, variation or revocation of a prohibition
order under Part 5A; or
(c) the chairperson so determines under
5 section 9A(2).
".
22. Section 25 amended
(1) After section 25(2) the following subsections are inserted --
"
10 (2a) An application for a review of a decision made by the
Director under section 93 to cancel a licence can be
made only on a question of law.
(2b) When carrying out a review of a decision made by the
Director, the Commission is to be constituted by
15 3 members if --
(a) the decision relates to an application for the
grant or removal of a licence; or
(b) the decision is to make, vary or revoke a
prohibition order under Part 5A; or
20 (c) the chairperson so determines under
section 9A(2).
(2c) When conducting a review of a decision made by the
Director, the Commission may have regard only to the
material that was before the Director when making the
25 decision.
(2d) When conducting a review of a decision involving a
question of law or giving directions under
subsection (4)(c)(i), the Commission is to be
constituted by, or is to include, a member who is a
30 legal practitioner.
".
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 23
(2) Section 25(5)(a) is amended as follows:
(a) after subparagraph (i) by inserting --
" or ";
(b) by deleting subparagraph (ii) and "or" after it and
5 inserting --
"
(ii) the imposition, variation or cancellation
of a term or condition of an extended
trading permit or an occasional licence;
10 or
(iia) the cancellation of, or suspension of the
operation of, an extended trading permit
or an occasional licence; or
".
15 (3) After section 25(5) the following subsection is inserted --
"
(5a) Despite subsection (5)(a)(i), this section does apply to a
decision in respect of or incidental to an application for
an extended trading permit of a kind prescribed.
20 ".
23. Section 26 replaced
Section 26 is repealed and the following section is inserted
instead --
"
25 26. Certain decisions of Director to be given effect
unless otherwise directed
Where --
(a) the holder of a licence applies to the
Commission for a review of a decision made by
30 the Director in respect of that licence; or
(b) the person subject to a prohibition order under
Part 5A applies to the Commission for a review
page 24
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 24
of a decision made by the Director in respect of
that order,
effect is to be given to the decision made by the
Director unless the Commission, by way of interim
5 order, otherwise directs.
".
24. Section 27 amended
Section 27(2) is amended by deleting "the Court of Appeal."
and inserting instead --
10 " a single judge of the Supreme Court. ".
25. Section 28 amended
(1) Section 28(1), (2) and (3) are repealed and the following
subsections are inserted instead --
"
15 (1) Subject to this section, a person who --
(a) is a party to proceedings before the
Commission (including the Director
intervening in proceedings before the
Commission under section 69(11)); and
20 (b) is dissatisfied with a decision of the
Commission,
may appeal under this section.
(2) No appeal lies against a decision of the Commission
constituted by 3 members except to the Supreme Court
25 on a question of law.
(2a) No appeal lies against a decision of the Commission
constituted by 3 members if the decision was made
solely or partly on the basis of confidential police
information.
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 25
(2b) No appeal lies against a decision of the Commission
constituted by one member except to the Commission
constituted in accordance with subsection (4a)(a).
(2c) No appeal lies against a decision of the Commission
5 constituted by one member if the decision was made on
a review under section 25 of a decision of the Director.
(3) No further appeal lies against a decision of the
Commission under this section on an appeal against a
decision of the Commission constituted by one
10 member.
".
(2) Section 28(4) is amended as follows:
(a) after "this section" by inserting --
"
15 against a decision of the Commission constituted by
3 members
";
(b) in paragraph (a), by deleting "the Court of Appeal;" and
inserting instead --
20 " a single judge of the Supreme Court; ".
(3) After section 28(4) the following subsection is inserted --
"
(4a) An appeal under this section against a decision of the
Commission constituted by one member --
25 (a) is to be heard and determined by the
Commission constituted by 3 other members,
including a member who is a legal practitioner;
and
(b) must be instituted and conducted in accordance
30 with rules of the Commission.
".
page 26
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 26
(4) Section 28(5) is repealed and the following subsections are
inserted instead --
"
(5) On an appeal under this section to the Supreme Court,
5 the Supreme Court may --
(a) affirm, vary or quash the decision appealed
against; or
(b) make any decision that the Commission could
have made instead of the decision appealed
10 against; or
(c) send the decision back to the Commission for
reconsideration in accordance with any
directions or recommendations that the Court
considers appropriate,
15 and, in any case, may make any ancillary or incidental
order the Supreme Court considers appropriate.
(6) On an appeal under this section to the Commission
constituted in accordance with subsection (4a)(a), the
Commission may --
20 (a) affirm, vary or quash the decision appealed
against; or
(b) make any decision that the Commission could
have made instead of the decision appealed
against,
25 and, in any case, may make any ancillary or incidental
order the Commission considers appropriate.
".
26. Section 29 amended
Section 29 is amended after "Supreme Court" by inserting --
30 "
or the Commission as constituted under
section 28(4a)(a), as the case requires
".
page 27
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 27
27. Part 2 Division 7 replaced
Part 2 Division 7 is repealed and the following Division is
inserted instead --
"
5 Division 7 -- Confidential police information
30. Confidential police information
(1) For the purposes of this section, the Commissioner of
Police may classify as confidential any information or
document held by the Commissioner of Police.
10 (2) Despite any other provision of this Act, any
information or document provided by the
Commissioner of Police to the licensing authority for
the purposes of this Act must not be published or
disclosed by the licensing authority to any person
15 (except to the Minister, the Parliamentary
Commissioner for Administrative Investigations
appointed under section 5 of the Parliamentary
Commissioner Act 1971, the Corruption and Crime
Commission established under the Corruption and
20 Crime Commission Act 2003, the Parliamentary
Inspector of the Corruption and Crime Commission
appointed under the Corruption and Crime
Commission Act 2003, a court or a person to whom the
Commissioner of Police authorises its disclosure) if the
25 information or document is classified as confidential
police information.
(3) If --
(a) the licensing authority --
(i) refuses an application for a licence, for
30 approval of the transfer of a licence, or
for approval of a person's occupation of
a position of authority in a body
corporate under section 33(5); or
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 27
(ii) refuses approval of the appointment of a
person as a trustee under section 35A;
or
(iii) refuses or withdraws approval of a
5 person as a manager under section 35B;
or
(iv) takes disciplinary action against a
person under Part 3 Division 13; or
(v) makes or varies a prohibition order in
10 respect of a person under Part 5A;
and
(b) the decision to do so is made solely or partly on
the basis of confidential police information
provided to the licensing authority,
15 the licensing authority is not required to give any
reasons for the decision other than that the decision is
made in the public interest.
(4) If the Commissioner of Police lodges an objection to an
application under section 73 solely or partly on the
20 basis of confidential police information --
(a) the Commissioner of Police is not required to
serve a copy of the notice under section 73(4a);
and
(b) the licensing authority must, at least 7 days
25 before the hearing of the application, give the
applicant written notice that the Commissioner
of Police has objected to the application on the
ground that the grant of the application would
not be in the public interest.
30 (5) If the Director or the Commissioner of Police lodges a
complaint under section 95 in respect of a person solely
or partly on the basis of confidential police
information, the complaint need only state that it would
not be in the public interest if the person were to be or
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 27
continue to be licensed or approved, as the case may
be.
(6) In any proceedings under this Act (other than
proceedings for an offence), the Director, the
5 Commission or a court --
(a) must, on the application of the Commissioner
of Police, take all reasonable steps to maintain
the confidentiality of confidential police
information, including steps --
10 (i) to receive evidence and hear argument
about confidential police information in
private and in the absence of any party
to the proceedings other than the
Director or the Commissioner of Police
15 or their representatives; and
(ii) to prohibit the publication of evidence
about confidential police information;
and
(b) may take evidence consisting of or relating to
20 confidential police information by way of an
affidavit of a member of the Police Force of or
above the rank of Superintendent.
(7) The Commissioner of Police must not delegate the
function of classifying information or documents as
25 confidential police information except to a Deputy
Commissioner of Police or an Assistant Commissioner
of Police.
".
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 28
28. Section 33 amended
(1) Section 33(6a) is repealed and the following subsections are
inserted instead --
"
5 (6a) For the purposes of a determination under
subsection (6) in respect of a person, the character and
reputation of any person suspected by the licensing
authority to be associated with that person may be
taken to be relevant and amongst the matters to which
10 consideration should be given.
(6b) Unless the Director otherwise approves, a
determination cannot be made under subsection (6) that
a person --
(a) is a fit and proper person to hold a licence; or
15 (b) is approved to occupy a position of authority in
a body corporate,
unless the person has successfully completed --
(c) a course of training or an assessment, approved
by the Director, in the management of licensed
20 premises; and
(d) a course of training or an assessment, approved
by the Director, in responsible practices in the
sale, supply and service of liquor.
(6c) The regulations may modify the operation of
25 subsection (6b) for the purposes of applications for or
in respect of an occasional licence.
".
29. Section 35B amended
(1) Section 35B(3) is amended at the end of paragraph (b) by
30 deleting the full stop and inserting --
"
; or
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 30
(c) that the manager has not, within the period
specified by the Director after being approved,
successfully completed --
(i) a course of training or an assessment,
5 approved by the Director, in the
management of licensed premises; and
(ii) a course of training or an assessment,
approved by the Director, in responsible
practices in the sale, supply and service
10 of liquor.
".
(2) Section 35B(4) is amended after "been given" by inserting --
" , subject to section 30, ".
(3) After section 35B(6) the following subsection is inserted --
15 "
(7) The regulations may modify the operation of this
section for the purposes of the approval of a person as a
manager in respect of an occasional licence.
".
20 30. Section 37 amended
(1) Section 37(4) is amended after "so to act" by inserting --
"
, and there is then no person approved under
section 35B as a manager of the premises or appointed
25 under section 100(3) to manage the premises
".
(2) After section 37(5) the following subsection is inserted --
"
(6) The condition referred to in subsection (5) continues to
30 apply to a licence during any period that the operation
of the licence is suspended.
".
page 32
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 31
31. Section 37B inserted
After section 37A the following section is inserted in Part 3
Division 1 --
"
5 37B. Taking of fingerprints and palm prints
(1) The licensing authority may by notice in writing (an
"identification notice") require a person to whom
subsection (2) or (3) applies to attend at a specified
place and there have his or her fingerprints and palm
10 prints taken by a member of the Police Force.
(2) This subsection applies to a person who makes an
application to the licensing authority --
(a) for a licence; or
(b) for approval to occupy a position of authority in
15 a body corporate that is a licensee; or
(c) for approval as a manager under section 35B.
(3) This subsection applies to --
(a) a licensee; or
(b) a person who occupies a position of authority in
20 a body corporate that is a licensee; or
(c) a person approved as a manager under
section 35B,
whose fingerprints and palm prints have not been taken
in accordance with an identification notice given for
25 the purposes of an application referred to in
subsection (2).
(4) If a person to whom subsection (2) applies refuses to
comply with an identification notice, the licensing
authority may refuse the relevant application.
30 (5) If a person to whom subsection (3) applies refuses to
comply with an identification notice, a proper cause for
page 33
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 32
disciplinary action under section 96 is to be taken to
have been made out in respect of the person.
(6) The Commissioner of Police is to cause fingerprints
and palm prints taken under this section and any copy
5 of them to be destroyed --
(a) in the case of fingerprints or palm prints taken
from a person to whom subsection (2)
applies --
(i) if the relevant application is not granted;
10 or
(ii) if, after the relevant application is
granted, the person ceases to be a
licensee, to occupy a position of
authority in a body corporate that is a
15 licensee, or to be a manager;
or
(b) in the case of fingerprints or palm prints taken
from a person to whom subsection (3)
applies -- if the person ceases to be a licensee,
20 to occupy a position of authority in a body
corporate that is a licensee, or to be a manager.
(7) The licensing authority is to provide the Commissioner
of Police with any information that the Commissioner
of Police requires to comply with subsection (6).
25 ".
32. Part 3 Division 2 heading replaced
The heading to Part 3 Division 2 is deleted and the following
heading is inserted instead --
"
30 Division 2 -- Licences
".
page 34
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 33
33. Section 38 replaced
Section 38 is repealed and the following section is inserted
instead --
"
5 38. Licensing authority to be satisfied that certain
applications are in the public interest
(1) Subsection (2) applies to --
(a) an application for the grant or removal of a
licence; or
10 (b) an application for a permit of a kind prescribed;
or
(c) any other application to which the Director
decides it is appropriate for subsection (2) to
apply.
15 (2) An applicant who makes an application to which this
subsection applies must satisfy the licensing authority
that granting the application is in the public interest.
(3) For the purpose of subsection (2), the applicant must
provide to the licensing authority --
20 (a) any prescribed document or information; and
(b) any other document or information reasonably
required by the licensing authority for those
purposes.
(4) Without limiting subsection (2), the matters the
25 licensing authority may have regard to in determining
whether granting an application is in the public interest
include --
(a) the harm or ill-health that might be caused to
people, or any group of people, due to the use
30 of liquor; and
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 34
(b) the impact on the amenity of the locality in
which the licensed premises, or proposed
licensed premises are, or are to be, situated; and
(c) whether offence, annoyance, disturbance or
5 inconvenience might be caused to people who
reside or work in the vicinity of the licensed
premises or proposed licensed premises; and
(d) any other prescribed matter.
(5) If an application referred to in subsection (1)(a) is not
10 granted because the licensing authority is not satisfied
that granting the application is in the public interest, an
application for the grant or removal of a licence in
respect of the same premises or land cannot be made
within 3 years after the licensing authority's decision
15 unless the Director certifies that the proposed
application is of a kind sufficiently different from the
application that was not granted.
(6) A decision by the Director under subsection (1)(c) or
(5) in relation to an application is not subject to review
20 under section 25.
".
34. Section 41 amended
(1) Before section 41(1) the following subsection is inserted --
"
25 (1aa) For the purposes of this Act, where a hotel licence is
not subject to any condition referred to in
subsection (4) and is subject to --
(a) a condition prohibiting the sale of packaged
liquor; and
30 (b) a condition limiting the number of persons who
may be on the licensed premises to a maximum
of 120,
page 36
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 34
it is to be referred to as a small bar licence, and an
application may be made for a small bar licence if the
applicant does not seek another kind of hotel licence.
".
5 (2) Section 41(1)(a) is amended by deleting "the condition referred
to in subsection (4)" and inserting instead --
"
any condition referred to in subsection (4) and
is not a small bar licence
10 ".
(3) Section 41(2) is amended as follows:
(a) in paragraph (a), by deleting "is required to" and
inserting instead --
" may ";
15 (b) by deleting paragraph (b) and inserting the following
paragraph instead --
"
(b) may, unless the licence is a small bar licence or
a hotel restricted licence, sell packaged liquor
20 on and from the premises to any person.
".
(4) Section 41(4) is repealed and the following subsection is
inserted instead --
"
25 (4) Unless it is a small bar licence or a tavern licence, a
hotel licence --
(a) subject to subsection (5) and to any variation
under subsection (6), is subject to the condition
that the licensee provides guest accommodation
30 for any person; and
(b) subject to subsection (5) and without limiting
section 64, is subject to any condition imposed
page 37
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 35
by the licensing authority requiring meals to be
provided to lodgers.
".
(5) Section 41(5)(a) is deleted and the following is inserted
5 instead --
"
(a) the person seeking the guest accommodation or,
if applicable, the meal, is a person who may be
refused entry to the licensed premises by the
10 licensee under section 115(4); or
".
35. Section 46 amended
After section 46(1) the following subsection is inserted --
"
15 (1a) The licensing authority is not to grant a special facility
licence only because --
(a) the grant or variation of a licence of another
class; or
(b) the imposition, variation or cancellation of a
20 condition on a licence of another class; or
(c) the issue of an extended trading permit in
respect of a licence of another class,
is not possible because an approval, consent or
exemption required under another written law cannot
25 be obtained.
".
page 38
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 36
36. Sections 46A and 46B inserted
After section 46 the following sections are inserted --
"
46A. Variation of special facility licences
5 (1) The licensing authority is not to vary a special facility
licence, or impose, vary or cancel a condition on a
special facility licence, if --
(a) granting or varying a licence of another class;
or
10 (b) imposing, varying or cancelling a condition on
a licence of another class; or
(c) issuing an extended trading permit in respect of
a licence of another class,
would achieve the purposes for which --
15 (d) the variation of the special facility licence is
sought; or
(e) the imposition, variation or cancellation of a
condition on the special facility licence is
sought.
20 (2) Subsection (1) applies --
(a) whether or not an application has been made
for a grant, variation, imposition, cancellation
or issue referred to in paragraph (a), (b) or (c)
of that subsection; and
25 (b) even if such an application has been made and
has been refused.
46B. Alternatives to, and replacements of, special facility
licences
(1) If the licensing authority does not grant or vary a
30 special facility licence because section 46(2) or 46A(1)
applies, the licensing authority may, with the
page 39
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 37
agreement of the applicant, treat the application for, or
for the variation of, the special facility licence as an
application for --
(a) the grant or variation of a licence of another
5 class; or
(b) the imposition, variation or cancellation of a
condition on a licence of another class; or
(c) the issue of an extended trading permit in
respect of a licence of another class.
10 (2) The licensing authority may of its own motion or on
the application of the licensee --
(a) cancel a special facility licence; and
(b) in respect of the premises to which the special
facility licence related --
15 (i) grant to the person who was the licensee
a licence of another class; and
(ii) if considered appropriate by the
licensing authority, issue to that person
an extended trading permit.
20 (3) If the licensing authority of its own motion proposes to
cancel a special facility licence and grant a licence of
another class under subsection (2), the licensing
authority --
(a) is to give the licensee a notice that sets out the
25 proposal and the reasons for it; and
(b) is to give the licensee a reasonable opportunity
to make submissions or to be heard in relation
to the proposal.
".
30 37. Part 3 Division 3 heading deleted
The heading to Part 3 Division 3 is deleted.
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 38
38. Section 48 amended
(1) Section 48(1)(b) is deleted and the following paragraph is
inserted instead --
"
5 (b) which is subject to conditions prohibiting the
sale of liquor for consumption off the premises,
or the removal of liquor from the premises,
unless subsection (9) applies,
".
10 (2) Section 48(2)(c) is amended by deleting "subsection (3) and
subsection (4)(c)," and inserting instead --
" subsections (3) and (4)(c), ".
(3) Section 48(5) is repealed and the following subsection is
inserted instead --
15 "
(5) Subject to subsection (6), a person who is on any day
visiting a club (the "host club") as a member or an
official of another club --
(a) that is to engage in a pre-arranged event with
20 the host club conducted for the purposes of one
of the host club's principal objects; or
(b) that is to hold a pre-arranged function at the
host club involving the use of the host club's
sporting facilities,
25 may, for the purposes of this Act, be taken to be a
person who is accorded temporary membership of the
host club on that day in accordance with rules approved
by the Director.
".
30 (4) Section 48(8) is repealed.
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 39
39. Section 49 amended
(1) Section 49(3) is amended as follows:
(a) in paragraph (c)(iii), by deleting "classes of persons
entitled to such membership are not unduly large,
5 having regard to the nature of the club;" and inserting
instead --
"
number of persons who may be
admitted to such membership does not
10 exceed any limit that the licensing
authority, having regard to the nature of
the club, may impose;
";
(b) after paragraph (c)(iii), by inserting --
15 "
and
(iv) without limiting subparagraph (iii), that
any provision for membership of the
club by reason of reciprocal
20 arrangements with another club is made
in accordance with the regulations;
";
(c) in paragraph (d), by deleting "or quarterly" and inserting
instead --
25 " , quarterly or monthly ";
(d) after each of paragraphs (a), (b) and (c) and after each of
paragraphs (c)(i) and (e)(i), by inserting --
" and ".
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 40
40. Section 50 amended
(1) Section 50(1a) is amended as follows:
(a) in paragraph (a) by deleting "at a dining table;" and
inserting instead --
5 " on the licensed premises by a person while sitting at
a table, or at a fixed structure used as a table; ";
(b) by deleting paragraph (b) and inserting instead --
"
(b) the sale and consumption of the liquor are in
10 accordance with any conditions --
(i) imposed on the permit by the licensing
authority; or
(ii) prescribed for the purposes of this
paragraph.
15 ".
(2) Section 50(3) is amended as follows:
(a) in paragraph (b) before "liquor", by inserting --
" subject to subsection (1a), ";
(b) at the end of paragraph (b), by deleting the full stop and
20 inserting --
"
; and
(c) the licensed premises must contain kitchen
facilities that are suitable for the preparation of
25 the meals to be supplied by the licensee.
".
41. Section 55 amended
(1) Section 55(1)(a)(iii) is amended by deleting "in an aggregate
quantity per person of not less than 9 litres".
page 43
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 42
(2) After section 55(1) the following subsection is inserted --
"
(1a) The licensee of a producer's licence is authorised to
supply liquor, by way of a free sample, at the licensed
5 premises of another licensee (the "other licensee") for
consumption on the other licensee's licensed premises
by --
(a) the other licensee; or
(b) a manager of the other licensee's licensed
10 premises; or
(c) an employee or agent of the other licensee.
".
42. Section 58 amended
(1) After section 58(2) the following subsection is inserted --
15 "
(2a) The licensee of a wholesaler's licence is authorised to
supply liquor, by way of a free sample, at the licensed
premises of another licensee (the "other licensee") for
consumption on the other licensee's licensed premises
20 by --
(a) the other licensee; or
(b) a manager of the other licensee's licensed
premises; or
(c) an employee or agent of the other licensee.
25 ".
(2) Section 58(3)(b) is amended after "consist," by inserting --
" primarily and predominantly and ".
43. Section 60 amended
(1) Section 60(1) is amended after "as are specified" by inserting --
30 " at the discretion of the Director ".
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
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(2) After section 60(3) the following subsection is inserted --
"
(3a) In addition to the conditions imposed by subsection (3),
an extended trading permit issued for the purposes of
5 subsection (4)(ca) or (g) is, unless the Director
otherwise determines, subject to any condition
prescribed for the purposes of this subsection.
".
(3) Section 60(4) is amended as follows:
10 (a) by deleting "include -- " and inserting instead --
" are -- ";
(b) by deleting paragraph (cb) and inserting instead --
"
(cb) authorising the licensee of a club licence to sell
15 liquor, despite section 48(2), to persons other
than members, or guests of members, of the
club --
(i) on a specified special occasion or
specified special occasions; or
20 (ii) on a day on which a specified function
is, or on days on which specified
functions are, held on, or on a specified
part of, the licensed premises;
or
25 ";
(c) in paragraph (e) after "such hours", by inserting --
" or in such circumstances ";
(d) in paragraph (e)(i), by deleting "2 persons" and inserting
instead --
30 " 5 persons ";
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 43
(e) in paragraph (g) after "may be specified,", by
inserting --
"
or in relation to such occasion as may be
5 specified,
";
(f) in paragraph (g) after "period", by inserting --
" , not exceeding 5 years, ";
(g) at the end of paragraph (h), by deleting the full stop and
10 inserting --
"
; or
(i) any other prescribed purpose.
";
15 (h) after each of paragraphs (a) to (ca) and (d) to (f) by
inserting --
" or ".
(4) Section 60(5) is repealed.
(5) Section 60(7) is amended by deleting "Where" and inserting
20 instead --
" Without limiting subsection (8a), where ".
(6) After section 60(8) the following subsection is inserted --
"
(8a) The licensing authority may cancel an extended trading
25 permit at any time if satisfied that the permit is no
longer appropriate.
".
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 44
44. Section 61A inserted
After section 61 the following section is inserted in Part 3
Division 4 --
"
5 61A. Limitations relating to permits for extended hours
The regulations may limit the permitted hours that may
be authorised by an extended trading permit issued for
the purpose referred to in section 60(4)(g).
".
10 45. Section 63 amended
Section 63 is amended as follows:
(a) in paragraph (a), by deleting "section 97" and inserting
instead --
" Part 4 Division 1 ";
15 (b) by deleting paragraph (cb).
46. Section 64 amended
(1) After section 64(1) the following subsections are inserted --
"
(1a) The licensing authority may impose, vary or cancel a
20 condition under subsection (1) --
(a) of its own motion; or
(b) on the application of the licensee; or
(c) at the written request of the parties to a liquor
accord.
25 (1b) In subsection (1a) --
"liquor accord" means a written agreement or other
arrangement --
(a) that is entered into by 2 or more licensees in
a local community, and persons who
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 46
represent the licensing authority,
departments of the Public Service, State
agencies or local government, and other
persons; and
5 (b) that has the purposes of minimising the harm
caused in the local community by the
excessive consumption of liquor and
promoting responsible practices in the sale,
supply and service of liquor in the local
10 community; and
(c) that is approved by the Director.
".
(2) After section 64(2) the following subsections are inserted --
"
15 (2a) If the licensing authority proposes to impose, vary or
cancel a condition under this section, the licensing
authority may, by notice in writing, require the licensee
to show cause to the licensing authority why the
condition should not be imposed, varied or cancelled.
20 (2b) Subsection (2a) does not apply in relation to a
condition proposed to be imposed, varied or cancelled
in accordance with an application under
subsection (1a)(b).
".
25 (3) Section 64(3) is amended as follows:
(a) after paragraph (e) by inserting --
"
(ea) without limiting paragraph (e)(iii), limit the
times when packaged liquor may be sold on
30 and from the licensed premises to those times
when liquor may be purchased for consumption
on those premises; or
";
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 47
(b) after paragraph (f) by inserting --
"
(fa) prohibit entry to the licensed premises after a
specified time; or
5 ";
(c) after each of paragraphs (a) to (e), (f), (g) to (gb) and (j)
by inserting --
" or ".
(4) Section 64(5) is repealed.
10 (5) After section 64(7) the following subsection is inserted --
"
(8) The imposition, variation or cancellation of a
condition, or the imposition of a monetary penalty,
under this section is not to be regarded as the taking of
15 disciplinary action for the purposes of section 96.
".
47. Section 65B inserted
After section 65A the following section is inserted in Part 3
Division 6 --
20 "
65B. Prescribed conditions relating to the responsible
promotion of liquor
(1) The regulations may prescribe conditions that --
(a) prohibit promotional activity in which liquor is
25 offered free or at reduced prices; or
(b) limit the circumstances in which promotional
activity referred to in paragraph (a) may take
place,
and may provide that any licence, or any licence of a
30 prescribed class, is subject to those conditions.
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 48
(2) Regulations made for the purposes of subsection (1) do
not limit the conditions that the licensing authority may
impose under section 64(3)(ga) in relation to a
particular licensee or particular licensed premises.
5 ".
48. Section 67 amended
Section 67(1), (2), (3) and (4) are repealed and the following
subsection is inserted instead --
"
10 (1) An application in respect of any matter must, if the
Director so requires, be advertised in the manner
specified by the Director.
".
49. Section 68 amended
15 After section 68(2) the following subsection is inserted --
"
(2a) An application for the grant of a licence may be made
only by, or on behalf of, the person or persons wishing
to carry on business under the licence after it is
20 granted.
".
50. Section 69 amended
(1) Section 69(2)(b) is amended by deleting "the requirements of
this Act and the licensing authority." and inserting instead --
25 " any requirement under section 67(1). ".
(2) Section 69(3) is amended by deleting "section 67(4)(a)" and
inserting instead --
" section 67(1) ".
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 50
(3) Section 69(4)(b) is amended by deleting "Category A" and
inserting instead --
"
hotel licence, nightclub licence, casino liquor
5 licence, special facility licence or liquor store
".
(4) Section 69(6)(c) is amended as follows:
(a) after subparagraph (i) by inserting --
" and ";
10 (b) in subparagraph (ii) after "result" by inserting --
"
, or as to any other matter relevant to the
public interest
".
15 (5) Section 69(8a) is repealed and the following subsections are
inserted instead --
"
(8a) The Executive Director --
(a) is required, on the licensing authority
20 requesting a report of that kind in relation to an
application, to cause a report to be provided to
the licensing authority as to any matter arising
from the application that relates to the relevant
matters; and
25 (b) may intervene in proceedings before the
licensing authority for the purpose of
introducing evidence or making representations
in relation to the relevant matters.
(8b) In subsection (8a) --
30 "Executive Director" means the Executive Director,
Public Health as defined in the Health Act 1911
section 3(1) and, for the purposes of
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 51
subsection (8a)(b), includes a person authorised in
writing by the Executive Director;
"relevant matters" means the harm or ill-health
caused to people, or any group of people, due to
5 the use of liquor, and the minimisation of that
harm or ill-health.
".
(6) Section 69(11) is amended by deleting "In proceedings before
the Court, the Director may intervene" and inserting instead --
10 "
The Director may intervene in any proceedings before
the Commission, including proceedings relating to a
decision or determination made by the Director,
".
15 51. Section 71 repealed
Section 71 is repealed.
52. Section 72 amended
(1) Section 72(1) is repealed and the following subsection is
inserted instead --
20 "
(1) Subject to subsection (2), the licensing authority must
not grant an application for approval of a proposed
alteration to, or redefinition of, licensed premises
unless the applicant satisfies the licensing authority
25 that --
(a) the owner; and
(b) where the licensed premises are occupied under
a lease, the lessor,
have consented to the application.
30 ".
(2) Section 72(6) is repealed.
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 53
53. Section 73 amended
(1) Section 73(2) is repealed and the following subsection is
inserted instead --
"
5 (2) Where an application is required to be advertised, a
right to object to the application is conferred on any
person on any ground permitted by section 74.
".
(2) Section 73(3) is repealed.
10 (3) Section 73(4a) is amended after "approves" by inserting --
" or section 30(4) applies ".
54. Section 74 amended
(1) Section 74(1) is amended as follows:
(a) in paragraph (a), by deleting "be contrary to" and
15 inserting instead --
" not be in ";
(b) by deleting paragraph (d);
(c) by deleting paragraph (h) and "or" after it;
(d) after paragraphs (a), (b) and (g) by inserting --
20 " or ".
(2) Section 74(3) is amended by deleting "be contrary to" and
inserting instead --
" not be in ".
55. Section 75 amended
25 (1) Section 75(1) is amended as follows:
(a) by deleting ", unless the Director otherwise approves,";
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 56
(b) by deleting "effect." and inserting instead --
"
effect unless --
(a) the Director otherwise approves; or
5 (b) in relation to an application for the grant of an
occasional licence of a kind prescribed, some
other requirement for lodgement of the
application is prescribed.
".
10 (2) Section 75(2) is amended as follows:
(a) by deleting paragraph (a);
(b) after paragraph (b) by inserting --
" and ".
56. Section 76 amended
15 (1) Section 76(1)(b) is amended by deleting "a permit of that kind"
and inserting instead --
" the issue of a permit of a kind prescribed, ".
(2) Section 76(2) is amended as follows:
(a) by deleting paragraph (a);
20 (b) after paragraph (b), by inserting --
" and ";
(c) by deleting paragraph (d) and inserting instead --
"
(d) unless the permit is of a kind prescribed for the
25 purposes of section 25(5a), is not subject to
appeal.
".
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 57
57. Section 77 amended
(1) Section 77(3)(a) is amended as follows:
(a) by deleting subparagraph (i);
(b) in subparagraph (ii), by deleting "substantial".
5 (2) Section 77(6) is repealed.
58. Section 80 amended
Section 80(2)(c) is amended by deleting "that the application
has not been advertised, and".
59. Section 81 amended
10 (1) Section 81(4) is repealed.
(2) After section 81(6) the following subsection is inserted --
"
(7) An application for the removal of a licence cannot be
made if --
15 (a) the licence has been conditionally granted
under section 62; and
(b) the grant of the licence has not been confirmed
under section 62(9).
".
20 60. Section 84 amended
Section 84(3)(a) is amended by deleting "last day on which
objections should be lodged;" and inserting instead --
" day on which the application is to be determined; ".
61. Section 86 amended
25 Section 86(8) is amended by deleting "advertisement or".
page 55
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 62
62. Section 87 amended
Section 87(1) is amended as follows:
(a) in paragraph (a), by deleting "other than premises to
which a liquor store licence applies";
5 (b) in paragraph (b), by deleting ", other than a liquor store
licence,";
(c) by deleting "without advertisement unless the Director
otherwise requires but".
63. Section 90 repealed
10 Section 90 is repealed.
64. Section 91 amended
(1) Section 91 is amended as follows:
(a) before "The Director" by inserting the subsection
designation "(1)";
15 (b) by deleting "by reason of the requirements of public
order or of safety." and inserting instead --
"
if the Director considers it is in the public interest to
do so.
20 ".
(2) At the end of section 91 the following subsection is inserted --
"
(2) Without limiting subsection (1), the Director may, after
giving the licensee a reasonable opportunity to make
25 submissions or to be heard, suspend the operation of a
licence if --
(a) the licence is other than an occasional licence;
and
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 65
(b) it appears to the Director that --
(i) contrary to the condition referred to in
section 37(5), the licensee has ceased to
occupy the licensed premises to the
5 exclusion of others; or
(ii) in the case of a club restricted licence --
contrary to the condition referred to in
section 48(4)(a)(i) the licensee has
ceased to occupy the licensed premises
10 to the exclusion of others during the
times when the sale of liquor is
authorised by the licence.
".
65. Section 93 amended
15 (1) Section 93(1) is amended as follows:
(a) in paragraph (a), by deleting "and that there are no
longer any circumstances that justify the licence
continuing";
(b) in paragraph (b), by deleting "28 days have" and
20 inserting instead --
" the relevant period has ".
(2) After section 93(1) the following subsection is inserted --
"
(1a) In subsection (1)(b) --
25 "relevant period" means 28 days or any greater period
prescribed.
".
(3) Section 93(3) is repealed.
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 66
66. Section 95 amended
After section 95(7) the following subsection is inserted --
"
(7a) When hearing a complaint under this section, the
5 Commission is to be constituted by 3 members,
including a member who is a legal practitioner.
".
67. Section 97 amended
(1) Section 97(1)(a) is amended by deleting "section;" and inserting
10 instead --
" Division; ".
(2) Section 97(2), (3), (4), (5) and (6) are repealed.
68. Sections 98 to 98H inserted
After section 97 the following sections are inserted in Part 4
15 Division 1 --
"
98. Permitted hours under a hotel licence
(1) The permitted hours under a hotel licence are --
(a) on a day other than a Sunday -- from 6 a.m. to
20 midnight;
(b) on a Sunday -- from 10 a.m. to 10 p.m.;
(c) on a Sunday that is New Year's Eve -- from
10 p.m. to 12 midnight;
(d) on New Year's Day -- from immediately after
25 12 midnight on New Year's Eve to 2 a.m.;
(e) on Good Friday or Christmas Day -- from
12 noon to 10 p.m., but only for liquor sold
ancillary to a meal supplied by the licensee;
(f) on ANZAC Day -- from 12 noon to
30 12 midnight.
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 68
(2) The permitted hours under a hotel licence for the sale
of liquor to a lodger are unrestricted.
98A. Permitted hours under a nightclub licence
(1) The permitted hours under a nightclub licence are --
5 (a) on a Monday, Tuesday, Wednesday or
Thursday -- from 6 p.m. to 12 midnight and
then continuing to 5 a.m. on the next day;
(b) on a Friday or Saturday -- from 6 p.m. to
midnight and then continuing to 6 a.m. on the
10 next day;
(c) on a Sunday that is not New Year's Eve --
from 8 p.m. to midnight;
(d) on a Sunday that is New Year's Eve -- from
8 p.m. to midnight and then continuing to
15 6 a.m. on the next day;
(e) on Good Friday -- from immediately after
12 midnight on the previous day to 3 a.m., and
there are no further permitted hours before
6 p.m. on the following day;
20 (f) on Christmas Day -- subject to subsection (2),
from immediately after 12 midnight on the
previous day to 3 a.m., and there are no further
permitted hours --
(i) before 6 p.m. on the following day; or
25 (ii) if the following day is a Sunday --
before 8 p.m. on the following day;
(g) on ANZAC Day -- from immediately after
12 midnight on the previous day to 3 a.m. and
then in accordance with paragraph (a), (b) or
30 (c), as the case requires.
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Liquor and Gaming Legislation Amendment Bill 2006
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s. 68
(2) If Christmas Day falls on a Monday --
(a) there are no permitted hours under a nightclub
licence on that day; and
(b) there are no further permitted hours before
5 6 p.m. on the following day.
98B. Permitted hours under a casino liquor licence
(1) The permitted hours under a casino liquor licence are
as permitted by the Gaming and Wagering Commission
by notice in writing given to the licensee.
10 (2) The Gaming and Wagering Commission is to lodge a
copy of a notice under subsection (1) with the Director.
98C. Permitted hours under a special facility licence
The permitted hours under a special facility licence are
as specified in the particular licence.
15 98D. Permitted hours under a liquor store licence
(1) The permitted hours under a liquor store licence are --
(a) on a day other than a Sunday, Good Friday,
Christmas Day or ANZAC Day -- from 8 a.m.
to 10 p.m.;
20 (b) on a Sunday that is not ANZAC Day -- subject
to subsection (2), from 10 a.m. to 10 p.m.;
(c) on ANZAC Day -- from 12 noon to 10 p.m..
(2) Subsection (1)(b) applies only to liquor stores in the
metropolitan area.
25 (3) There are no permitted hours under a liquor store
licence on Good Friday or Christmas Day.
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Liquor and Gaming Legislation Amendment Bill 2006
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s. 68
98E. Permitted hours under a club licence and club
restricted licence
(1) The permitted hours under a club licence (other than a
club restricted licence), excluding Good Friday,
5 Christmas Day or ANZAC Day, are --
(a) on a day other than a Sunday --
(i) from 6 a.m. to 12 midnight; and
(ii) then continuing, if the following day is
other than a Sunday or New Year's Day,
10 to 12.30 a.m., but only for liquor sold
ancillary to a meal supplied by or on
behalf of the licensee;
(b) on a Sunday that is not New Year's Eve --
(i) from immediately after 12 midnight on
15 the previous day to 1 a.m.; and
(ii) from 10 a.m. to 10 p.m.;
(c) on a Sunday that is New Year's Eve --
(i) from immediately after 12 midnight on
the previous day to 1 a.m.; and
20 (ii) from 10 a.m. to 12 midnight;
(d) on New Year's Day -- from immediately after
12 midnight on the previous day to 2 a.m..
(2) The permitted hours under a club licence (other than a
club restricted licence) on Good Friday, Christmas Day
25 and ANZAC Day are --
(a) on Good Friday -- from immediately after
12 midnight on the previous day to 12.30 a.m.,
but only for liquor sold ancillary to a meal
supplied by or on behalf of the licensee;
30 (b) on Christmas Day --
(i) from immediately after 12 midnight on
the previous day to 12.30 a.m.; and
(ii) from 12 noon to 10 p.m.,
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 68
but only for liquor sold ancillary to a meal
supplied by or on behalf of the licensee;
(c) on ANZAC Day --
(i) that is a Sunday -- from immediately
5 after 12 midnight on the previous day to
1 a.m. and from 12 noon to 12 midnight;
or
(ii) that is not a Sunday -- from 12 noon to
12 midnight.
10 (3) The permitted hours under a club licence (other than a
club restricted licence) for the sale of liquor to a lodger
who is a member of the club are unrestricted.
(4) The permitted hours under a club restricted licence are
as specified in the particular licence.
15 98F. Permitted hours under a restaurant licence
The permitted hours under a restaurant licence are at
any time except from 3 a.m. to 12 noon on ANZAC
Day.
98G. Permitted hours under a producer's licence
20 The permitted hours under a producer's licence are --
(a) on a day other than Good Friday, Christmas
Day or ANZAC Day -- at any time;
(b) on Good Friday or Christmas Day -- from
12 noon to 10 p.m., but only for liquor sold
25 ancillary to a meal supplied by the licensee;
(c) on ANZAC Day -- from 12 noon to
12 midnight.
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Liquor and Gaming Legislation Amendment Bill 2006
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s. 69
98H. Permitted hours under a wholesaler's licence
(1) The permitted hours under a wholesaler's licence
are --
(a) on a day other than Good Friday, Christmas
5 Day or ANZAC Day -- at any time;
(b) on ANZAC Day -- from 12 noon to
12 midnight.
(2) There are no permitted hours under a wholesaler's
licence on Good Friday and Christmas Day.
10 ".
69. Section 100 amended
(1) After section 100(2) the following subsections are inserted --
"
(2a) Without limiting subsection (2), the licensee shall
15 ensure, unless the Director otherwise approves, that a
person approved as a manager under section 35B or
appointed under subsection (3) is present at the
licensed premises at any time when business is
conducted at those premises.
20 Penalty: $10 000.
(2b) Subsection (2a) does not apply in relation to the
conduct of business at licensed premises at a particular
time if --
(a) there is only one licensee and that licensee is a
25 natural person; and
(b) the licensee is present at those premises at that
time.
".
(2) Section 100(3) is amended after "the manager" by inserting --
30 " , or if there is more than one manager, each manager, ".
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Liquor and Gaming Legislation Amendment Bill 2006
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s. 70
(3) Section 100(4)(b) is amended before "the licensee of the
premises" by inserting --
"
if there is then no person approved as a
5 manager of the premises under that section,
".
70. Section 102 amended
(1) Section 102(1)(b) is amended before "being" by inserting --
" subject to subsection (3), ".
10 (2) After section 102(2) the following subsections are inserted --
"
(3) Subsection (1)(b) does not apply to a person who is a
shareholder in a proprietary company that holds a
licence if --
15 (a) at the time the person's shareholding in the
proprietary company changes, the occupation
by the person of a position of authority in the
proprietary company has been approved by the
licensing authority under section 33(5); and
20 (b) the person gives the licensing authority written
notice of the change in the person's
shareholding within 14 days after the change
occurs.
(4) If a person is convicted of an offence under
25 subsection (1) in relation to a body corporate
(including a proprietary company) that holds a licence,
the body corporate is to be taken to have also
committed an offence and is liable to the penalty
provided for in that subsection.
30 ".
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s. 71
71. Part 4 Division 3A inserted
After section 103 the following Division is inserted --
"
Division 3A -- Responsible practices in selling,
5 supplying and serving liquor
103A. Responsible practices in selling, supplying and
serving liquor
(1) The regulations may --
(a) require persons, or persons of a specified class,
10 who are --
(i) employed or engaged in the sale, supply
or service of liquor on or from licensed
premises; or
(ii) employed or engaged in the
15 performance of other prescribed
functions at licensed premises,
to complete successfully within a specified
period a course of training or an assessment,
approved by the Director, in responsible
20 practices in the sale, supply and service of
liquor; and
(b) require licensees to maintain a register that
records the prescribed details in respect of that
course of training or assessment and the
25 persons employed or engaged as described in
paragraph (a) who have successfully completed
it; and
(c) provide for transitional arrangements for
successfully completing that course of training
30 or assessment that apply to persons who,
immediately before the commencement of the
Liquor and Gaming Legislation Amendment
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 72
Act 2006 section 71, were employed or engaged
as described in paragraph (a).
(2) Without limiting subsection (1), regulations made for
the purposes of that subsection --
5 (a) may operate by reference to persons employed
or engaged for the purposes of a specified class
of licence; and
(b) may authorise the Director to approve
exemptions from those regulations.
10 (3) Regulations made for the purposes of subsection (1)(a)
do not apply to a person who is a licensee or an
approved manager.
".
72. Section 104 amended
15 After section 104(3) the following subsection is inserted --
"
(3a) An agreement or arrangement approved under
subsection (3) is of no effect to the extent that it
purports --
20 (a) to authorise a person other than the licensee to
conduct the business carried on under the
licence; or
(b) to exclude, modify or restrict any requirement,
responsibility or duty imposed on the licensee
25 by or under this Act.
".
73. Section 105 amended
Section 105(1), (2), (4), (5), (6), (7) and (8) are repealed.
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74. Section 106 amended
Section 106(1)(b) is amended by deleting "than 6" and inserting
instead --
" than the number approved by the Director of ".
5 75. Section 108 replaced
Section 108 is repealed and the following section is inserted
instead --
"
108. Certain licensees to exhibit charges for meals and
10 liquor
At a time when --
(a) a licensee is authorised to sell liquor only with
or ancillary to a meal; or
(b) a licensee of a restaurant licence is authorised
15 to sell liquor whether or not ancillary to a meal,
the licensee is to cause to be exhibited in the place
where that liquor is sold, for the use of and clearly
visible to customers, a price list showing the charges
made for meals and for the various types of liquor
20 supplied ancillary to meals or otherwise.
Penalty: $2 000.
".
76. Section 109 amended
Section 109(1) is amended in the penalty provision by deleting
25 "$10 000." and inserting instead --
" $20 000. ".
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Liquor and Gaming Legislation Amendment Bill 2006
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s. 77
77. Section 110 amended
After section 110(6) the following subsection is inserted --
"
(6a) Where --
5 (a) a licence authorises the sale of liquor for
consumption on the licensed premises ancillary
to a meal provided by the licensee; and
(b) liquor is sold for that purpose,
then, despite any other provision of this Act, it is
10 lawful for a person subsequently to take any
unconsumed portion of the liquor from the licensed
premises.
".
78. Section 113A inserted
15 After section 113 the following section is inserted --
"
113A. Licensees to include certain details on website
Where --
(a) an internet website is maintained by or on
20 behalf of a licensee for the purpose of
advertising, promoting or otherwise facilitating
the business carried on under the licence; and
(b) the licence is of a prescribed class,
the licensee is to include on the website any
25 information prescribed in respect of a licence of that
class.
Penalty: $5 000.
".
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79. Section 114 amended
Section 114(1) is amended by deleting "liquor on" and inserting
instead --
" liquor (including the sale of packaged liquor) on or from ".
5 80. Section 115 amended
(1) Section 115(1) is amended as follows:
(a) in paragraph (a), by deleting "place;" and inserting
instead --
" place on the licensed premises; or ";
10 (b) in paragraph (b), by deleting ", other than for so long as
is necessary to obtain reasonable refreshment;" and
inserting instead --
" on the licensed premises; ";
(c) in paragraph (c) after "1987", by inserting --
15 "
or any other activity which contravenes a
provision of another written law
";
(d) by deleting "on the licensed premises that" and inserting
20 instead --
" that ".
(2) Section 115(2) is amended as follows:
(a) after "licensed premises" by inserting --
" or regulated premises ";
25 (b) by deleting "drunken" in each place where it occurs and
inserting instead --
" drunk ";
(c) after "Penalty" by inserting --
" for an offence on licensed premises ";
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(d) after the penalty provision by inserting --
"
Penalty for an offence on regulated premises: In the
case of the owner of the regulated premises
5 $10 000, in any other case $2 000.
".
(3) Section 115(3), (3a) and (4) are repealed and the following
subsections are inserted instead --
"
10 (3) It is a defence to a charge of an offence against
subsection (2)(a) of selling or supplying liquor to a
drunk person to show that the person charged was
instructed by the licensee, an approved manager or
another person in a position of authority in relation to
15 the person charged to sell or supply the liquor to the
drunk person.
(4) If subsection (4a) applies to a person --
(a) an authorised person may refuse the person
entry to the licensed premises or a part of the
20 premises; or
(b) an authorised person may require the person to
leave the licensed premises or a part of the
premises; or
(c) if the requirement under paragraph (b) is not
25 complied with -- an authorised person, or any
other person on the request of an authorised
person, may remove the person from the
licensed premises or a part of the premises
using such force as may be reasonably
30 necessary; or
(d) an authorised person may refuse to sell liquor
to the person.
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(4a) This subsection applies to a person who --
(a) is or appears to be drunk; or
(b) is behaving in an offensive manner; or
(c) is not dressed in conformity with the licensee's
5 requirements for a standard of dress, being
requirements --
(i) that were at the relevant time reasonable
in the circumstances; and
(ii) notice of which had been conspicuously
10 displayed at each entrance to any part of
the premises where the requirements
were to be complied with;
or
(d) is a person who the authorised person has
15 reasonable cause to believe --
(i) cannot or will not pay; or
(ii) is or is known to be quarrelsome or
disorderly; or
(iii) is seeking to obtain liquor by begging;
20 or
(e) is or is known to be, or is an associate of, a
reputed thief, prostitute, supplier of unlawful
drugs, or person convicted of an offence
involving unlawful drugs or violence that is
25 punishable by a term of imprisonment
exceeding 3 years; or
(f) is or appears to be a person whose presence, or
to whom the provision of service, on the
licensed premises will occasion the licensee to
30 commit an offence under this Act; or
(g) seeks to enter or enters or remains on the
licensed premises at a time when they are
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s. 80
closed or are required under this Act to be
closed; or
(h) requests service on a part of the premises --
(i) where the licensee is not authorised to
5 provide the service requested; or
(ii) set aside for the purposes of a private
function.
".
(4) Section 115(5)(b) is deleted and the following is inserted
10 instead --
"
(b) without lawful excuse, the burden of proof of
which lies on that person, enters licensed
premises at a time when they are closed or are
15 required under this Act to be closed; or
(c) having been required under subsection (4) to
leave the licensed premises or a part of the
premises, does not do so,
".
20 (5) Section 115(6) is repealed and the following subsection is
inserted instead --
"
(6) A person who --
(a) under this section --
25 (i) has been refused entry to; or
(ii) has been required to leave and has left,
or been removed from,
licensed premises; and
(b) remains --
30 (i) on any footpath; or
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(ii) in any area subject to the control or
management of the licensee,
that is adjacent to the licensed premises,
commits an offence.
5 Penalty: $2 000.
".
(6) Section 115(7) is amended after "of being" by inserting --
" refused entry to, ".
(7) Section 115(9) is repealed and the following subsection is
10 inserted instead --
"
(9) This section does not limit any other right to refuse a
person entry to premises or to remove a person from
premises.
15 ".
81. Section 115A inserted
After section 115 the following section is inserted --
"
115A. Free drinking water to be provided at certain
20 licensed premises
(1) Subsection (2) applies to licensed premises at which
liquor is authorised to be sold under the licence for
consumption on the premises.
(2) The licensee of any licensed premises to which this
25 subsection applies must ensure that water suitable for
drinking is provided, free of charge, at all times when
liquor is sold for consumption on the premises.
Penalty: In the case of a licensee, $10 000, in the case
of a manager, $4 000.
30 ".
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s. 82
82. Section 116 amended
Section 116(5)(d) is amended after "the manager," by
inserting --
" or the name of each manager if there is more than one, ".
5 83. Section 116A inserted
After section 116 the following section is inserted in Part 4
Division 6 --
"
116A. Register of incidents at licensed premises to be
10 maintained
(1) A licensee must maintain a register of the incidents, of
the prescribed kind, that take place at the licensed
premises.
Penalty: $5 000.
15 (2) The register is to be maintained in a form acceptable to
the Director and is to contain the prescribed
information.
(3) A licensee, or the employee or agent of a licensee,
must, at the request of an authorised officer, make the
20 register available for inspection by the authorised
officer.
Penalty: $5 000.
".
84. Part 4 Division 7 heading replaced
25 The heading to Part 4 Division 7 is deleted and the following
heading is inserted instead --
"
Division 7 -- Complaints to Director
".
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85. Section 117 amended
(1) Section 117(1) is amended as follows:
(a) by deleting "Where, with respect to licensed premises, a
complaint under this section is" and inserting instead --
5 " A complaint in writing may be ";
(b) by deleting the comma at the end of paragraph (b) and
inserting a full stop instead;
(c) by deleting "the Director may, by notice in writing,
require the licensee to show cause why an order should
10 not be made under this section.".
(2) After section 117(2) the following subsections are inserted --
"
(2a) If a complaint is lodged by a person referred to in
subsection (2)(d), the complaint is to be signed, unless
15 the Director otherwise approves, by 3 unrelated adults
(including the complainant).
(2b) In subsection (2a) --
"3 unrelated adults" means 3 adults each of whom --
(a) resides at different residential premises; and
20 (b) is not --
(i) a child; or
(ii) a parent; or
(iii) a brother or sister; or
(iv) an aunt or uncle; or
25 (v) a spouse or former spouse; or
(vi) a de facto partner or former de facto
partner,
of either of the other 2 adults.
".
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s. 85
(3) After section 117(3) the following subsections are inserted --
"
(3a) When a complaint is lodged with the Director under
subsection (1), the Director is to attempt to settle the
5 matter by conciliation or negotiation.
(3b) If the Director determines at any stage of the
proceedings under this section that the complaint is
frivolous or vexatious, the Director is to dismiss the
complaint.
10 ".
(4) Section 117(4) is repealed and the following subsections are
inserted instead --
"
(4) If the matter referred to in a complaint is not settled by
15 conciliation or negotiation, the Director is to give the
complainant, the licensee and any other person
appearing to the Director to have a relevant interest in
the matter a reasonable opportunity to be heard or to
make submissions.
20 (4a) Having complied with subsection (4), the Director --
(a) subject to subsection (4c), may determine the
matter; and
(b) if of the opinion that the allegation in the
complaint is established on the balance of
25 probabilities and that the licensee has failed to
show cause why an order should not be made
under this section -- may make an order under
this section,
but otherwise the Director is to dismiss the complaint.
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(4b) Without limiting the matters that the Director may have
regard to when making a determination under
subsection (4a), the Director may have regard to --
(a) any alteration, including any structural change,
5 made --
(i) to the licensed premises; or
(ii) if the complainant is a person referred to
in subsection (2)(d) -- to any relevant
premises where the complainant (or, if
10 subsection (2)(d)(ii) applies, the
complainant's child) resides, works,
worships, attends or is a patient;
and
(b) any changes that have taken place over time to
15 the activities that take place on the licensed
premises; and
(c) the kind of business conducted under the
licence and how that business is managed; and
(d) if the complainant is a person referred to in
20 subsection (2)(d) -- whether the complainant
(or, if subsection (2)(d)(ii) applies, the
complainant's child) began to reside, work,
worship, attend or be a patient at any relevant
premises before or after the licensee began to
25 conduct business at the licensed premises; and
(e) any provision of the Environmental Protection
Act 1986, or of any regulations made under that
Act, that is relevant to the subject matter of the
complaint.
30 (4c) The Director --
(a) may defer making a determination under
subsection (4a) for any period the Director
considers appropriate; and
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s. 86
(b) may make an interim order that has effect for
that period for any purpose for which an order
may be made under subsection (5).
".
5 86. Section 119 amended
Section 119(4) is amended as follows:
(a) in paragraph (a), by deleting ", within the boundaries of
the metropolitan area or of a town or townsite;" and
inserting --
10 " ; or ";
(b) by deleting the penalty provision and inserting
instead --
" Penalty: $2 000. ".
87. Part 4 Division 8A inserted
15 After section 119 the following Division is inserted --
"
Division 8A -- Conduct of unapproved businesses on or
from licensed premises
119A. Conduct of unapproved businesses on or from
20 licensed premises
(1) A person who, without the approval of the licensing
authority, conducts on or from licensed premises a
business other than the business conducted under the
licence commits an offence.
25 Penalty: In the case of the licensee $10 000, in any
other case $4 000.
(2) A licensee who, without the approval of the licensing
authority, causes or permits another person to conduct
on or from the licensed premises a business other than
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the business conducted under the licence commits an
offence.
Penalty: $10 000.
".
5 88. Section 121 amended
(1) Section 121(4) is amended in the penalty provision by deleting
"$5 000, in the case of another employee or agent $2 000," and
inserting instead --
" $10 000, in the case of another employee or agent $4 000, ".
10 (2) Section 121(5)(b)(i) is amended as follows:
(a) after "Director" by inserting --
" under section 126A ";
(b) by deleting "mainly" and inserting instead --
" solely ".
15 (3) After section 121(7) the following subsection is inserted --
"
(7a) A person who --
(a) has been required to leave and has left, or been
removed from, licensed premises under this
20 section; and
(b) remains --
(i) on any footpath; or
(ii) in any area subject to the control or
management of the licensee,
25 that is adjacent to the licensed premises,
commits an offence.
Penalty: $2 000.
".
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s. 89
(4) After section 121(10) the following subsections are inserted --
"
(11) Subsection (10) does not apply in relation to the
employment or engagement of a juvenile to serve
5 liquor ancillary to a meal if --
(a) the juvenile is of or above the age of 16 years;
and
(b) the juvenile's employment or engagement is
approved by the Director; and
10 (c) the work carried out by the juvenile --
(i) is supervised at all times; and
(ii) will be assessed for the purposes of a
prescribed training course in which the
juvenile is engaged.
15 (12) This section does not limit any other right to refuse a
person entry to premises or to remove a person from
premises.
".
89. Section 122 amended
20 Section 122(2) is repealed and the following subsection is
inserted instead --
"
(2) Subject to this Act, a person who --
(a) sells or supplies, or permits the sale or supply
25 of, liquor to; or
(b) permits the consumption or possession of liquor
by,
a juvenile on regulated premises commits an offence.
Penalty: $10 000.
30 ".
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Liquor and Gaming Legislation Amendment Bill 2006
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s. 90
90. Section 123 amended
(1) Section 123 is amended by inserting before "Subject" the
subsection designation "(1)".
(2) At the end of section 123 the following subsection is inserted --
5 "
(2) Without limiting section 119, a juvenile who has any
liquor in his or her possession or control in any place or
on any premises to which the public is permitted to
have access, whether on payment of a charge or
10 otherwise, commits an offence.
Penalty: $2 000.
".
91. Section 126 amended
(1) After section 126(2) the following subsections are inserted --
15 "
(2a) If an authorised person suspects on reasonable grounds
that a document produced by a juvenile under
subsection (1)(b) is a forged, false or counterfeit
document, the authorised person may confiscate the
20 document.
(2b) An authorised person who confiscates a document
under subsection (2a) must deal with the document in
accordance with the regulations.
".
25 (2) After section 126(4) the following subsections are inserted --
"
(5) A person who --
(a) has been required to leave and has left, or been
removed from, licensed premises or regulated
30 premises under this section; and
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Part 2 Amendments to the Liquor Licensing Act 1988
s. 92
(b) remains --
(i) on any footpath; or
(ii) in any area subject to the control or
management of the licensee or occupier
5 of the regulated premises,
that is adjacent to the licensed premises or
regulated premises,
commits an offence.
Penalty: $2 000.
10 (6) This section does not limit any other right to remove a
person from premises.
".
92. Sections 126A and 126B inserted and section 104
consequentially amended
15 (1) After section 126 the following sections are inserted in Part 4
Division 9 --
"
126A. Licensees may apply for approval of entertainment
for juveniles on licensed premises
20 (1) The licensee of any licensed premises may apply to the
Director, in a form approved by the Director, for
approval of the provision of entertainment solely for
juveniles on the licensed premises or a part of the
licensed premises.
25 (2) The application is to be accompanied by the prescribed
fee and is to be supported by any further or other
documentation or information that the Director may
require.
(3) The application is to be lodged with the Director not
30 later than 14 days before the day on which the
entertainment that is the subject of the application is
proposed to be provided.
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(4) Part 3 Division 7 does not apply to an application
under this section.
126B. Director may approve entertainment for juveniles
on licensed premises
5 (1) The Director, by notice in writing given to a licensee
who has made an application under section 126A, may
approve the provision of entertainment solely for
juveniles on the licensed premises, or a part of the
licensed premises, if the Director is satisfied that, in the
10 circumstances of the particular case, it is appropriate to
do so.
(2) The Director may, by notice in writing given to the
licensee at any time before the entertainment is
provided, withdraw the approval if the Director is no
15 longer satisfied in accordance with subsection (1).
(3) The Director may make the approval subject to such
terms and conditions as the Director thinks fit and
specifies in the notice under subsection (1).
(4) Without limiting subsection (3), each approval under
20 subsection (1) is subject to the condition that the
licensee is not to participate in any arrangement for the
benefit arising from the provision of the entertainment
to accrue to any other person unless --
(a) details of the arrangement were set out in the
25 relevant application under section 126A or
otherwise provided under that section; and
(b) the Director has granted approval under
subsection (5).
(5) The Director may, by notice in writing given to the
30 licensee, approve an arrangement referred to in
subsection (4).
".
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s. 93
(2) Section 104(2) is amended as follows:
(a) after paragraph (a) by inserting --
" or ";
(b) after paragraph (b) by inserting --
5 "
(ba) the provision of entertainment solely for
juveniles on licensed premises or a part of
licensed premises, where it is approved under
section 126B(5); or
10 ".
93. Part 4 Division 10 inserted
Before section 127 the following Division is inserted in
Part 4 --
"
15 Division 10 -- Miscellaneous
126C. Crowd controllers to be authorised when exercising
powers of removal
(1) A person (the "crowd controller") who --
(a) holds a crowd controller's licence; and
20 (b) is employed by a crowd control agent engaged
under a contract for services by the licensee or
occupier or a manager of licensed premises to
supply the services of crowd controllers at
those premises,
25 is not an authorised person for the purposes of
removing a person from licensed premises under
section 115(4)(c), 121(7)(b) or 126(3), or requesting
another person to do so, unless the crowd controller is
authorised under subsection (2).
30 (2) The licensee, occupier or manager of licensed premises
may authorise a crowd controller to exercise the
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powers referred to in subsection (1) in respect of those
premises by written notice given to the crowd
controller or the crowd control agent.
(3) The licensee, occupier or manager may withdraw the
5 authority referred to in subsection (2) at any time by
written notice given to the crowd controller or the
crowd control agent.
126D. Sale of undesirable liquor products
(1) The Governor, on the recommendation of the Minister,
10 may make regulations under section 175 that declare
liquor in the form of a specified product, or a product
of a specified class, to be an undesirable liquor product.
(2) Where a licensee, whether personally or by an
employee or agent, sells or supplies any product
15 declared to be an undesirable liquor product on or from
the licensed premises, the licensee, and the employee
or agent concerned, commits an offence.
Penalty: In the case of the licensee or manager
$10 000, in the case of an employee or agent
20 $4 000.
(3) The Minister may recommend the making of
regulations for the purposes of subsection (1) only if --
(a) the Minister considers that --
(i) designs, motifs or characters on the
25 packaging of the product concerned are
of such a kind that the product is, or is
likely to be, attractive to juveniles; or
(ii) the product is likely, for any reason, to
be confused with soft drinks or
30 confectionery; or
(iii) the product, for any other reason, has or
is likely to have a special appeal to
juveniles; or
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s. 93
(iv) it is otherwise in the public interest to
do so;
and
(b) the Minister has complied with subsection (4).
5 (4) Before recommending the making of regulations for
the purposes of subsection (1), the Minister is to
consult with relevant liquor industry representatives
and the manufacturer of any product proposed to be
declared to be an undesirable liquor product (if the
10 manufacturer is known to the Minister).
(5) A failure to comply with subsection (3) does not affect
the validity of the regulation concerned.
126E. Modified operation of Act for special events
(1) In this section --
15 "special event notice" means a notice under
subsection (2);
"specified" means specified in a special event notice.
(2) The Minister may, by notice published in the Gazette,
declare that, for the purposes of this Act, a specified
20 event to be held in the State is a special event.
(3) Subject to subsection (4), a special event notice may
declare that, for the purposes of the special event,
specified provisions of this Act have a specified
modified operation --
25 (a) during a specified period; and
(b) in relation to a specified area of the State or the
whole of the State.
(4) A special event notice may make a declaration under
subsection (3) only in relation to prescribed provisions
30 of this Act.
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(5) For the purposes of the special event, provisions of this
Act that are the subject of a declaration under
subsection (3) have effect in accordance with any
specified modified operation.
5 (6) The Minister may, by notice published in the Gazette,
vary or revoke a special event notice.
".
94. Section 127 amended
Section 127(1) is amended after "force" by inserting --
10 " (including any period when its operation is suspended) ".
95. Section 128 amended
(1) Section 128 is amended as follows:
(a) before "Regulations" by inserting the subsection
designation "(1)";
15 (b) after "refund of " by inserting --
" licence fees or ".
(2) At the end of section 128 the following subsection is inserted --
"
(2) Without limiting subsection (1) or section 127,
20 regulations may prescribe licence fees by reference
to --
(a) classes of licence; or
(b) the extension of the operation of a licence by a
permit; or
25 (c) the purposes for which a permit is to be issued,
or the period during which a permit is to have
effect.
".
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 96
96. Part 5 Division 3 heading amended
The heading to Part 5 Division 3 is amended by deleting
"Court" and inserting instead --
" Commission ".
5 97. Part 5A inserted
After section 152 the following Part is inserted --
"
Part 5A -- Prohibition orders
152A. Terms used in this Part
10 In this Part --
"employed" includes engaged under a contract for
services;
"prohibition order" means an order made under
section 152E;
15 "relevant person" means the person who, as the case
requires, is the subject of --
(a) an application under section 152B; or
(b) a prohibition order;
"serious and organised crime" has the same meaning
20 as it has in the Australian Crime Commission
(Western Australia) Act 2004.
152B. Commissioner of Police may apply for prohibition
orders
The Commissioner of Police may apply in writing to
25 the Director in a form approved by the Director for an
order to be made in respect of a person that --
(a) prohibits the relevant person from being
employed by a licensee at specified licensed
premises, licensed premises of a specified class
30 or any licensed premises; or
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Amendments to the Liquor Licensing Act 1988 Part 2
s. 97
(b) prohibits the relevant person from entering
specified licensed premises, licensed premises
of a specified class or any licensed premises.
152C. Evidence in support of application
5 (1) An application under section 152B is to --
(a) set out the reasons why the Commissioner of
Police considers a prohibition order should be
made in respect of the relevant person; and
(b) set out any other information and be
10 accompanied by any document that the
Commissioner of Police considers relevant to
the application.
(2) Without limiting subsection (1), the Commissioner of
Police is authorised to include in or with the
15 application --
(a) details of any criminal convictions of the
relevant person for offences under the law of
the Commonwealth or a State or Territory; and
(b) any information that the Commissioner of
20 Police has regarding any involvement, or
suspected involvement, of the relevant person
in serious and organised crime.
152D. Relevant person to be given notice of application
(1) The Director is to give the relevant person a written
25 notice that --
(a) states that the application has been made and
explains the proposed effect of the order
applied for; and
(b) describes the information and documents
30 provided in support of the application; and
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 97
(c) informs the relevant person that he or she will
be given a reasonable opportunity to make
submissions or to be heard in relation to the
application.
5 (2) Nothing in subsection (1) requires or authorises the
Director to disclose confidential police information.
152E. Director may make prohibition orders
(1) The Director may dispose of the application --
(a) by making a prohibition order; or
10 (b) by dismissing the application; or
(c) at the request of the Commissioner of Police --
by discontinuing the application.
(2) The Director may make a prohibition order that --
(a) prohibits the relevant person from being
15 employed by a licensee at specified licensed
premises, licensed premises of a specified class
or any licensed premises; or
(b) prohibits the relevant person from entering
specified licensed premises, licensed premises
20 of a specified class or any licensed premises.
(3) The Director may make a prohibition order only if
satisfied that it is in the public interest to do so after --
(a) having given the relevant person a reasonable
opportunity to make submissions or to be heard
25 in relation to the application; and
(b) having regard to --
(i) any information or document provided
by the Commissioner of Police in or
with the application; and
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 97
(ii) any information or document provided
by the relevant person under
paragraph (a).
(4) A prohibition order has effect subject to such terms or
5 conditions as the Director thinks fit and specifies in the
order.
152F. Term of prohibition orders
(1) The Director is to specify in a prohibition order the
term for which the prohibition order remains in force.
10 (2) The term cannot be more than 5 years or, for a
prohibition order in respect of a juvenile, more than
2 years, after it is made, but an application may be
made for a further prohibition order.
152G. Applications to vary or revoke prohibition orders
15 (1) The Commissioner of Police or the relevant person
may apply in writing to the Director in a form
approved by the Director for an order varying or
revoking a prohibition order.
(2) If the application is made --
20 (a) by the Commissioner of Police, the relevant
person is the respondent; or
(b) by the relevant person, the Commissioner of
Police is the respondent.
152H. Evidence in support of application
25 The application is to --
(a) set out the reasons why the applicant considers
a prohibition order should be varied or revoked;
and
(b) set out any other information and be
30 accompanied by any document that the
applicant considers relevant to the application.
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 97
152I. Respondent to be given notice of application
(1) The Director is to give the respondent a written notice
that --
(a) states that the application has been made and
5 explains the proposed effect of the order
applied for; and
(b) describes the information and documents
provided in support of the application; and
(c) informs the respondent that he or she will be
10 given a reasonable opportunity to make
submissions or to be heard in relation to the
application.
(2) Nothing in subsection (1) requires or authorises the
Director to disclose confidential police information.
15 152J. Director may vary or revoke prohibition orders
(1) The Director may dispose of the application --
(a) by making an order that varies or revokes a
prohibition order; or
(b) by dismissing the application; or
20 (c) at the request of the applicant -- by
discontinuing the application.
(2) The Director may make an order varying or revoking a
prohibition order only if satisfied that it is in the public
interest to do so --
25 (a) having given the respondent a reasonable
opportunity to make submissions or to be heard
in relation to the application; and
(b) having regard to --
(i) any information or document provided
30 by the applicant in or with the
application; and
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 97
(ii) any information or document provided
by the respondent under paragraph (a).
152K. Notification of orders
(1) If the Director makes a prohibition order, the Director
5 is to give a copy of the order --
(a) to the relevant person; and
(b) if the order is made under section 152E(2)(a)
and the Director is aware that the relevant
person is employed by a licensee at licensed
10 premises to which the order applies -- to the
licensee.
(2) If the Director makes an order varying or revoking a
prohibition order, the Director is to give a copy of the
order to the applicant and the respondent.
15 152L. Failure to comply with orders
(1) A person given a copy of a prohibition order under
section 152K(1)(a) who fails, without reasonable
excuse, to comply with the order commits an offence.
Penalty: $10 000.
20 (2) A person given a copy of a prohibition order under
section 152K(1)(b) who continues, without reasonable
excuse, to employ the relevant person, commits an
offence.
Penalty: $10 000.
25 ".
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 98
98. Section 155 amended
After section 155(5) the following subsection is inserted --
"
(6) Despite subsections (4) and (5) --
5 (a) if a person is consuming liquor contrary to
section 119 during a period, and in an area,
specified in a special event notice under
section 126E, a member of the Police Force
may seize and, as soon as is practicable,
10 dispose of any opened or unopened container of
liquor that is in the possession of the person; or
(b) if a person is otherwise consuming liquor
contrary to section 119, a member of the Police
Force may seize and, as soon as is practicable,
15 dispose of any opened container of liquor that
is in the possession of the person.
".
99. Section 165 amended
After section 165(3) the following subsection is inserted --
20 "
(4) In this section --
"employee", of the licensee, includes --
(a) a person engaged under a contract for
services by the licensee; and
25 (b) a person holding a crowd controller's licence
who is employed by a crowd control agent
engaged under a contract for services by the
licensee or occupier or a manager of the
premises to which a licence or permit relates
30 to supply the services of crowd controllers at
those premises.
".
page 94
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 100
100. Section 167 amended
Section 167(5a) is repealed.
101. Section 172 amended
Section 172(6)(a) is amended by deleting "judge," and inserting
5 instead --
" chairperson or any other member of the Commission, ".
102. Section 175 amended
(1) After section 175(1) the following subsections are inserted --
"
10 (1a) The Governor, on the recommendation of the Minister,
may make regulations for any or all of the following
purposes --
(a) declaring an area of the State specified in the
regulations to be a restricted area;
15 (b) restricting or prohibiting --
(i) the bringing of liquor into the restricted
area; or
(ii) the possession of liquor in the restricted
area; or
20 (iii) the consumption of liquor in the
restricted area;
(c) in relation to any offence in the regulations of
failing to comply with restrictions or
prohibitions referred to in paragraph (b) and
25 without limiting any other power of a member
of the Police Force under this Act -- conferring
powers on members of the Police Force in
relation to the seizure and disposal of opened or
unopened containers of liquor.
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 103
(1b) The Minister may recommend the making of
regulations under subsection (1a) only if, after
consultation with --
(a) the Commissioner of Police; and
5 (b) each local government in the district of which
any part of the proposed restricted area would
be situated; and
(c) any other person the Minister considers it
appropriate to consult,
10 the Minister is satisfied that the regulations are in the
public interest.
(1c) Regulations made under subsection (1a) must state the
period during which the regulations are to have effect.
(1d) Regulations made under subsection (1a) expire at the
15 end of the period referred to in subsection (1c).
".
(2) Section 175(2) is amended as follows:
(a) in paragraph (a), by deleting "$2 000;" and inserting
instead --
20 " $5 000; ";
(b) in paragraph (b), by deleting "$500." and inserting
instead --
" $2 000. ".
103. Section 177A inserted
25 After section 177 the following section is inserted --
"
177A. Transitional provisions relating to the Liquor and
Gaming Legislation Amendment Act 2006
Schedule 1A sets out transitional provisions relating to
30 amendments made to this Act by the Liquor and
Gaming Legislation Amendment Act 2006.
".
page 96
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 104
104. Schedule 1A inserted
After Schedule 1 the following Schedule is inserted --
"
Schedule 1A -- Transitional provisions relating to
5 the Liquor and Gaming Legislation Amendment
Act 2006
[s. 177A]
1. Terms used in this Schedule
In this Schedule, unless the context otherwise requires --
10 "commencement day" means the day on which the Liquor
and Gaming Legislation Amendment Act 2006
section 103 comes into operation;
"Court" means the Liquor Licensing Court preserved and
continued under section 8 of the former Act;
15 "former Act" means this Act as in force immediately
before the commencement day;
"new Act" means this Act as in force on the
commencement day.
2. Liquor Licensing Court
20 (1) The Court is abolished --
(a) on the commencement day; or
(b) if subclause (2) applies -- on the date specified in
the notice under subclause (3).
(2) The Court is to continue in operation on and after the
25 commencement day for the purposes of continuing to deal
with any application or matter referred to in clause 5(1) that
the Court has begun, but not completed, hearing or
determining.
(3) When the Minister is satisfied that there is no further
30 application or matter to be dealt with by the Court under
clause 5(1), the Minister is to publish a notice in the Gazette
specifying the date on which the Court is to cease to
continue in operation under that subclause.
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 104
3. Liquor Licensing Court judge
The person holding office, immediately before the
commencement day, as the Liquor Licensing Court judge
referred to in section 9 of the former Act ceases to hold that
5 office on the abolition of the Court under clause 2.
4. Pending cases stated and appeals to Supreme Court
(1) If a case stated on a question of law to the Supreme Court
under section 27 of the former Act has not been determined
immediately before the commencement day, the question of
10 law is to be determined under that section on or after that
day by the Court of Appeal.
(2) If an appeal made to the Supreme Court under section 28 of
the former Act has not been determined immediately before
the commencement day, the appeal is to be determined
15 under that section on or after that day by the Court of
Appeal.
5. Pending applications and matters
(1) Subject to subclause (2), if the licensing authority has
begun, but not completed, hearing or determining an
20 application or matter immediately before the
commencement day, the application or matter is to continue
to be dealt with on or after that day in accordance with the
relevant provisions of the former Act.
(2) If the licensing authority has begun, but not completed,
25 hearing or determining an application for a cabaret licence
immediately before the commencement day, the application
is to continue to be dealt with on or after that day as an
application for a nightclub licence under the new Act.
(3) If --
30 (a) an application or matter was before the licensing
authority under the former Act; but
(b) the licensing authority has not begun to hear or
determine the application or matter immediately
before the commencement day,
35 the application or matter is to be dealt with on or after that
day in accordance with the relevant provisions of the new
Act.
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 104
(4) If --
(a) the Court determined under the former Act that an
application or matter is to be referred to or further
considered by the Court; and
5 (b) the application or matter has not been referred to or
further considered by the Court immediately before
the commencement day,
then, on or after that day, the application or matter may be
referred to or further considered by either the Director or the
10 Commission under the new Act.
6. Licences granted and permits issued by Liquor
Licensing Court
A licence granted or a permit issued by the Court that has
effect immediately before the commencement day continues
15 to have effect, on and after that day, as if it had been granted
or issued by the Commission.
7. Cabaret licences
(1) A cabaret licence granted under section 42 of the former Act
that has effect immediately before the commencement day
20 continues to have effect, on and after that day, as a nightclub
licence granted under that section of the new Act.
(2) A reference in a written law or other document or
instrument to a cabaret licence may, where the context so
requires, be read as if it had been amended to be a reference
25 to a nightclub licence.
8. Courses of training and assessments
For the purposes of the application of paragraph (c) of
section 35B(3) of the new Act to a person who was
employed as a manager immediately before the
30 commencement day, the period referred to in that paragraph
is to be taken to be the period of 12 months after that day.
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Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 104
9. References to the Liquor Licensing Court and Liquor
Licensing Court judge
(1) A reference in a written law or other document or
instrument to the Court may, where the context so requires,
5 be read as if it had been amended to be a reference to the
Commission.
(2) A reference in a written law or other document or
instrument to the Liquor Licensing Court judge, or a Liquor
Licensing Court judge, may, where the context so requires,
10 be read as if it had been amended to be a reference to the
Commission.
10. Transitional regulations
(1) If this Schedule does not provide sufficiently for a matter or
issue of a transitional nature that arises as a result of the
15 amendments made to this Act by the Liquor and Gaming
Legislation Amendment Act 2006, the Governor may make
regulations under this clause ("transitional regulations")
prescribing all matters that are required, necessary or
convenient to be prescribed for providing for the matter or
20 issue.
(2) If the transitional regulations provide that a state of affairs
specified or described in the regulations is taken to have
existed, or not to have existed, on and from a day that is
earlier than the day on which the regulations are published
25 in the Gazette but not earlier than the commencement day,
the regulations have effect according to their terms.
(3) If the transitional regulations contain a provision referred to
in subclause (2), the provision does not operate so as --
(a) to affect in a manner prejudicial to any person
30 (other than the State or an authority of the State) the
rights of that person existing before the day of
publication of those regulations; or
(b) to impose liabilities on any person (other than the
State or an authority of the State) in respect of
35 anything done or omitted to be done before the day
of publication of those regulations.
".
page 100
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 105
105. Schedule 2 amended
Schedule 2 Division 2 clause 2(1) is amended by deleting "at
Bull Creek Drive (formerly Benningfield Road) Bull Creek, at
the corner of Marmion Avenue and Baltimore Parade, Merriwa
5 and at 133 Mandurah Terrace, Mandurah -- " and inserting
instead --
" in the State -- ".
106. Amendments relating to the Liquor Commission
The provisions listed in the Table to this section are amended by
10 deleting "Court" in each place where it occurs (except where it
occurs in the term "Supreme Court") and inserting instead --
" Commission ".
Table
s. 3(1) (definition of s. 25(1)
"licensing authority")
s. 7(2) s. 25(2)
s. 14(1)(b) s. 25(4)
s. 16(2) s. 27(1)
s. 16(4)(a) s. 28(3a)
s. 16(5) s. 29
s. 16(6) s. 32(3)(b)
s. 16(10) s. 75(2)(d)
s. 18(2)(a) s. 95(1)
s. 20(3) s. 95(3)
s. 20(4) s. 95(5a)
s. 21(1) s. 95(7)
s. 21(4) s. 95(10)
s. 21(5) s. 96(1)
s. 22(a) s. 96(3)
s. 23(1) s. 96(4)
s. 24 s. 117(6)
page 101
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 107
s. 143(1) s. 164(1a)
s. 147(1) s. 172(1)
s. 153(1)(c) s. 175(1)(c)
107. Amendments relating to nightclub licences
The provisions listed in the Table to this section are amended by
deleting "cabaret" and inserting instead --
" nightclub ".
5 Table
s. 42(1) s. 44(2)(a)
s. 42(3) s. 60(4)(b)
s. 43 s. 60(4)(f)
108. Amendments relating to guest accommodation
The provisions listed in the Table to this section are amended by
deleting "residential" in each place where it occurs and inserting
instead --
10 " guest ".
Table
s. 41(6) s. 60(4)(c)
s. 50(2) s. 105(3)
109. Amendments relating to the use of reasonable force
The provisions listed in the Table to this section are amended
after "may be" by inserting --
15 " reasonably ".
Table
s. 114(3) s. 126(4)(b)
s. 115(7) s. 155(3)
s. 121(7)(b) s. 161(1)(b)
s. 126(3)(b)
page 102
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 110
110. Amendments relating to penalty amounts
Each provision specified in the first column of the Table to this
section is amended by deleting the corresponding amount, or
amounts, specified in the second column and inserting instead
5 the corresponding amount, or amounts, specified in the third
column.
Table
s. 37A $5 000 $10 000
s. 51(2) $1 000 $2 000
s. 51(4) $1 000 $2 000
s. 77(1) $5 000 $10 000
s. 100(2) $5 000 $10 000
s. 100(4) $5 000 $10 000
s. 100(5) $5 000 $10 000
s. 100(6) $5 000 $10 000
s. 100(8) $5 000 $10 000
s. 101(3) $5 000 $10 000
s. 102(1) $5 000 $10 000
s. 104(1) $5 000 $10 000
s. 106(1) $5 000 $10 000
$2 000 $4 000
$1 000 $2 000
s. 106(3) $5 000 $10 000
$2 000 $4 000
$1 000 $2 000
s. 109(3) $5 000 $10 000
s. 110(1) $5 000 $10 000
$2 000 $4 000
$1 000 $2 000
s. 110(2) $5 000 $10 000
$2 000 $4 000
s. 110(3) $5 000 $10 000
$2 000 $4 000
$1 000 $2 000
page 103
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 110
s. 110(5) $1 000 $2 000
s. 110(7) $1 000 $10 000
s. 111(1) $5 000 $10 000
$2 000 $4 000
s. 111(2) $1 000 $2 000
s. 114(1) $5 000 $10 000
$2 000 $4 000
s. 115(1) $5 000 $10 000
$2 000 $4 000
s. 115(2) $5 000 $10 000
$2 000 $4 000
$1 000 $2 000
s. 115(5) $1 000 $2 000
s. 115(7) $1 000 $2 000
s. 116 $1 000 $2 000
s. 117(7) $5 000 $10 000
s. 118(3) $500 $2 000
s. 119(1) $500 $2 000
s. 119(2) $500 $2 000
s. 119(5) $1 000 $2 000
s. 119(7) $500 $2 000
s. 119(11) $500 $2 000
s. 121(1) $5 000 $10 000
$2 000 $4 000
$1 000 $2 000
s. 121(2) $5 000 $10 000
$2 000 $4 000
s. 121(7) $1 000 $2 000
s. 121(9) $500 $2 000
s. 121(10) $5 000 $10 000
s. 122(3) $1 000 $2 000
$2 000 $4 000
s. 123 $1 000 $2 000
s. 124 $1 000 $2 000
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Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Liquor Licensing Act 1988 Part 2
s. 111
s. 126(2) $1 000 $2 000
s. 126(4) $1 000 $2 000
s. 145(4) $5 000 $10 000
s. 146(1) $5 000 $10 000
s. 150(2) $5 000 $10 000
s. 152(2) $2 000 $5 000
s. 154(3) $5 000 $10 000
s. 158(1) $5 000 $10 000
s. 159(1) $5 000 $10 000
s. 159(3) $5 000 $10 000
s. 160(4) $1 000 $5 000
s. 161(7) $5 000 $10 000
s. 166(2) $1 000 $2 000
111. Amendments relating to approved forms
(1) Section 14(3) is amended by deleting "prescribed form." and
inserting instead --
" form approved by the Director. ".
5 (2) Section 68(1)(a) is amended by deleting ", if a form and manner
of giving notice of an application of that kind is prescribed, be
so made by notice;" and inserting instead --
"
be made in the form and manner approved by
10 the licensing authority;
".
(3) Section 73(4) is amended by deleting "in the prescribed form
with the Director," and inserting instead --
"
15 with the Director in the form approved by the Director,
".
page 105
Liquor and Gaming Legislation Amendment Bill 2006
Part 2 Amendments to the Liquor Licensing Act 1988
s. 111
(4) Section 73(5)(a)(ii) is amended by deleting "prescribed" and
inserting instead --
" the approved ".
(5) Section 75(1) is amended by deleting "prescribed manner and
5 form" and inserting instead --
" manner and form approved by the Director ".
(6) Section 76(1) is amended by deleting "an application in the
prescribed manner and form with" and inserting instead --
"
10 with the Director an application in the manner and
form approved by
".
(7) Section 84(4)(b) is amended by deleting "the prescribed form or
such other" and inserting instead --
15 " such ".
(8) Section 96(6)(a) is amended by deleting "prescribed form or
in a".
(9) Section 121(6) is amended by deleting "prescribed form" and
inserting instead --
20 " form approved by the Director ".
page 106
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Gaming and Wagering Commission Act Part 3
1987
s. 112
Part 3 -- Amendments to the Gaming and Wagering
Commission Act 1987
112. The Act amended
The amendments in this Part are to the Gaming and Wagering
5 Commission Act 1987*.
[* Reprint 4 as at 18 August 2006.]
113. Part II Division 7 inserted
After section 20 the following Division is inserted in Part II --
"
10 Division 7 -- Confidential police information
20A. Confidential police information
(1) In this section --
"confidential police information" means any
information or document classified as confidential
15 under subsection (2);
"relevant Act" means this Act, the Betting Control
Act 1954/ the RWWA Act or the Casino Control
Act 1984.
(2) For the purposes of this section, the Commissioner of
20 Police may classify as confidential any information or
document that is --
(a) provided by the Commissioner of Police to the
Commission as a report, or part of a report,
under section 18(4); or
25 (b) otherwise provided by the Commissioner of
Police to the Commission for the purposes of a
relevant Act.
(3) Despite any provision of a relevant Act, any
information or document provided by the
page 107
Liquor and Gaming Legislation Amendment Bill 2006
Part 3 Amendments to the Gaming and Wagering Commission Act
1987
s. 113
Commissioner of Police to the Commission for the
purposes of a relevant Act must not be published or
disclosed by the Commission to any person (except to
the Minister, the Parliamentary Commissioner for
5 Administrative Investigations appointed under
section 5 of the Parliamentary Commissioner Act
1971, the Corruption and Crime Commission
established under the Corruption and Crime
Commission Act 2003, the Parliamentary Inspector of
10 the Corruption and Crime Commission appointed
under the Corruption and Crime Commission Act 2003,
a court or a person to whom the Commissioner of
Police authorises its disclosure) if the information or
document is classified as confidential police
15 information.
(4) If --
(a) the Commission --
(i) refuses to grant or issue or renew; or
(ii) amends, suspends, cancels or revokes,
20 any permit, approval, certificate, licence or
authorisation under a relevant Act; and
(b) the decision to do so is made solely or partly on
the basis of confidential police information
provided to the Commission,
25 the Commission is not required to give any reasons for
the decision other than that the decision is made in the
public interest.
page 108
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to the Gaming and Wagering Commission Act Part 3
1987
s. 113
(5) In any proceedings (other than proceedings for an
offence) before a court under a relevant Act, the
court --
(a) must, on the application of the Commissioner
5 of Police, take all reasonable steps to maintain
the confidentiality of confidential police
information, including steps --
(i) to receive evidence and hear argument
about confidential police information in
10 private and in the absence of any party
to the proceedings other than the
Commission or the Commissioner of
Police or their representatives; and
(ii) to prohibit the publication of evidence
15 about confidential police information;
and
(b) may take evidence consisting of or relating to
confidential police information by way of an
affidavit of a member of the Police Force of or
20 above the rank of Superintendent.
(6) The Commissioner of Police must not delegate the
function of classifying information or documents as
confidential police information except to a Deputy
Commissioner of Police or an Assistant Commissioner
25 of Police.
".
page 109
Liquor and Gaming Legislation Amendment Bill 2006
Part 4 Amendments to other Acts
s. 114
Part 4 -- Amendments to other Acts
114. Amendments relating to the amended title of the Liquor
Licensing Act 1988
The Acts listed in the first column of the Table to this section
5 are amended in the corresponding provisions listed in the
second column by deleting "Liquor Licensing Act 1988" and
inserting instead --
" Liquor Control Act 1988 ".
Table
Betting Control Act 1954 s. 26C(1)(b)
s. 26C(4)
Cambridge Endowment Lands Act 1920 s. 45
Gaming and Wagering Commission Act 1987 s. 110(1)
s. 110(2)
Land Tax Assessment Act 2002 s. 39A(1) ("excluded
purpose", para. (b))
Local Government (Miscellaneous Provisions)
Act 1960 s. 414
Security and Related Activities (Control)
Act 1996 s. 35(2)
The Criminal Code s. 206(1)
("intoxicant")
Tobacco Products Control Act 2006 s. 113(1)(g) and (h)
Glossary ("licensed
premises",
"responsible person",
para. (a))
10 115. Amendments relating to the title of the repealed Liquor
Act 1970
The Acts listed in the first column of the Table to this section
are amended in the corresponding provisions listed in the
page 110
Liquor and Gaming Legislation Amendment Bill 2006
Amendments to other Acts Part 4
s. 116
second column by deleting "Liquor Act 1970" and inserting
instead --
" Liquor Control Act 1988 ".
Table
Auction Sales Act 1973 s. 33(1)
s. 33(2)
s. 33(3)(a)
s. 33(4)
Government Railways Act 1904 s. 2 ("liquor")
Property Law Act 1969 s. 81(8)(c)
Reserve (Concert Hall) Act 1972 s. 3(1)(b)
s. 3(2)
Retail Trading Hours Act 1987 s. 4(4)
5 116. Constitution Acts Amendment Act 1899 amended
(1) The amendments in this section are to the Constitution Acts
Amendment Act 1899*.
[* Reprint 14 as at 21 April 2006.
For subsequent amendments see Act Nos. 5 and 28 of 2006.]
10 (2) Schedule V Part 1 Division 1 is amended by deleting the item
relating to the Liquor Licensing Court Judge appointed under
the Liquor Act 1970.
(3) Schedule V Part 3 is amended after the item relating to the
Legislative Review and Advisory Committee by inserting --
15 "
The Liquor Commission established under the Liquor
Control Act 1988.
".
page 111
Liquor and Gaming Legislation Amendment Bill 2006
Part 4 Amendments to other Acts
s. 117
117. Equal Opportunity Act 1984 amended
(1) The amendments in this section are to the Equal Opportunity
Act 1984*.
[* Reprint 4 as at 1 April 2005.
5 For subsequent amendments see Act Nos. 18 of 2005 and 28
and 29 of 2006.]
(2) Section 66ZN(2) is amended as follows:
(a) by deleting the semicolon at the end of paragraph (g)
and inserting a comma instead;
10 (b) by deleting paragraph (h).
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