1990 No. 143 (NSW)

1990 - No. 143

LIQUOR ACT 1982 - REGULATION
(Relating to the effect of the Newcastle earthquake on the carrying

on of a business under the authority of a licence)

NEW SOUTH WALES

[Published in Gazette No. 35 of 9 March 1990]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Liquor Act 1982, has been pleased to make the Regulation set forth hereunder.

GARRY WEST

Chief Secretary.

The Liquor Regulation 1983 is amended:

(a)	by omitting from clause 37 (5) the word "If" and by inserting instead the words "Except as provided by clause 37B, if";
(b)	by inserting after clause 37A the following clause:

Business affected by Newcastle earthquake

37B. (1) In this clause:

"applicable licence" means a licence in force at the time of

the Newcastle earthquake if:

(a)	in the opinion of the Board, the business permitted to be carried on under the authority of the licence has been adversely affected as a result of the earthquake; and
(b)	the licence fee, or an instalment of the licence fee, due in respect of the licensing period that commenced on 16 January 1990 has not been paid.

1990 - No. 143

(2) In relation to an applicable licence, clause 37 (5) (a) has effect as if the reference in that paragraph to 2 months were a reference to a longer period determined by the Board for the licence on or after 15 March 1990, including any period that is an extension of a period earlier determined under this subclause.

(c)	by omitting from clause 57A (3) the word "It" and by inserting instead the words "Except as provided by clause 57B, it";
(d)	by inserting after clause 57A the following clause: Hotelier's business affected by Newcastle earthquake

57B. If:

(a)	the Board determines a period under clause 37B in relation to a hotelier's licence; and
(b)	at the time of the Newcastle earthquake the licence was subject to a condition referred to in section 20 (2A) of the Act,

clause 57A has effect in relation to the condition as if the reference in clause 57A (3) (a) to 60 days were a reference to the period referred to in paragraph (a).

EXPLANATORY NOTE

The Liquor Regulation 1983 provides for the automatic cancellation of a licence if the licence fee, or an instalment of the licence fee, is unpaid 2 months after the due date.

The object of this Regulation is to enable the Liquor Administration Board to extend the period of 2 months in relation to a business that was adversely affected by the Newcastle earthquake on 28 December 1989 and in respect of which the licence fee or instalment due for payment of 15 January 1990 has not been paid.