1994—No. 104 (NSW)

1994—No. 104

LIQUOR ACT 1982—REGULATION

(Concerning gaming-related licences and work permits)

NEW SOUTH WALES

[Published in Gazette No. 50 of 25 March 1994]

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.

Mrs Anne Cohen, MP

Chief Secretary.

Commencement

1. This Regulation commences on 1 April 1994.

Amendments

2. The Liquor Regulation 1983 is amended:

(a) byomittingclause33Aandbyinsertinginsteadthefollowing clause:

Fees for gaming-related licences and work permits

33A. (1) This clause applies to gaming-related licences and

work permits.

(2) For the purposes of section 56 (1) (n) of the Act, the prescribed fee for the grant of a licence to which this clause applies is:

(a) inthecaseofanamusementdevicedealer’slicence- $5,000; and

1994—No. 104

(b)	inthecaseofanamusementdevice seller’s licence—$250; and
(c)	in the case of an amusement device technician’s licence- $100.

(3) For the purposes of section 180 of the Act, the prescribed fee for a licence (“the periodic licence fee”) is the same amount as the fee prescribed for the grant of the licence under subclause (2). The periodic licence fee is payable in respect of each period of 1 year that commences on 16 February and ends on the following 15 February, that is not a period during which the licence is granted.

(4) For the purposes of section 180 of the Act, the prescribed fee for a work permit is $50 and is payable in respect of each of the following periods:

(a)	theperiodthatcommencesonthe date the workpermitis issued and ends on 15 February that is not more than 1 year after the date of issue of the permit;
(b)	eachperiodof1yearthatcommenceson16 February (being a period subsequent to the period referred to in paragraph (a)).

(b) by omitting clause 46;

(c) byinsertingafterclause66thefollowing clause:

Notification of change in the state of affairs of gaming-related licensee

66A. For the purposes of section 181 of the Act:

(a)	aprescribed change inthestateofaffairsofthe holder ofa gaming-related licence is any change referred to in Column 1 of the Table to this clause that the licensee is aware of; and
(b)	the prescribed particulars inrespectofthatchange are those particulars set out next to the change concerned in Column 2 of the Table to this clause that the licensee knows or could find out by reasonable inquiry.

1994—No. 104

TABLE

Column 1	Column 2
Prescribed Change	Prescribed Particulars

A change in:	The new name, address or telephone number of the licensee.
(a)	thenameofthelicensee; or
(b)	theprincipalresidential address of the licensee; or
(c)	thetelephonenumberof the licensee.
The commencement, settlement.	The following information:
discontinuance or finalisation of	(a) particulars of the nature of
any civil or criminal proceedings	the proceedings;
to which the licensee is a party.

(b)

thenamesandaddresses proceedings;

(c)	thedateofthe commencement, settlement, discontinuance or finalisation of the proceedings;
(d)	(unless the terms of settlement are prohibited from being disclosed) or the result of the finalisation of the proceedings (including any thetermsofthesettlement 556A of the Crimes Act

1900).

Any of the following:	The terms of the judgment or
(a)	the obtaining of judgment charge, the reasons for and
against the licensee;  circumstances of the repossession of property. and a description of
(b) the creation of a charge	the property affected by the

over any property of the	judgment, charge or repossession.
licensee;

(c) repossessionofany
property of the licensee.

1994—No. 104

The licensee:  The terms and date of the

becoming bankrupt; or	bankruptcy, application, compounding, assignment,
applying to take the	compromise or scheme of
benefit of any law for the	arrangement.
relief of bankrupt or insolvent debtor's; or compounding with creditors or making an assignment of remuneration for their benefit; or

entering into a
compromise or scheme of
arrangement with creditors.
A person obtaining a direct or	The name, date of birth and
indirect interest in the business or	residential address of the person
in the profits of the business that	obtaining that interest, the nature
is carried on under the authority	of that interest and details of any
of the licensee.	offence the person has been convicted of (in New South Wales or elsewhere) or any charges pending against the person, other than parking and
traffic offences or charges.

EXPLANATORY NOTE

The objects of this Regulation are:

(a)	toprescribe a fee of$50for a workpermit under the Liquor Act1982 payable in respect of each year (or part of a year) in which the permit is in force or under suspension; and
(b)	to prescribe the changes inthe state ofaffairsoftheholderofa gaming-related licence which must be notified to the Director of Liquor and Gaming by the licensee and the particulars which must accompany that notification; and
(c)	toremove a redundant provisionoftheLiquorRegulation1983andmake other changes to the Regulation, consequential to the commencement of parts of the Liquor (Amendment) Act 1993.

Fee for work permits

Section 178 of the Liquor Act 1982 provides that the Principal Registrar may issue a work permit to a person pending a decision on his or her application for an amusement device seller's licence or an amusement device technician's licence. The permit operates, subject to any conditions or restrictions imposed on its issue, to apply the Act to the holder of the permit as if the person held a gaming-related licence of the type applied for.

1994—No. 104

This Regulation prescribes a fee of $50 for a work permit, which is payable in respect of the period commencing on the date of issue of the permit and ending on 15 February (being a period of not more than 1 year). The fee is then payable in respect of each subsequent 1 year period commencing on 16 February that the work permit is in force or under suspension.

Notification of changes by holder of gaming-related licence

I t is an offence under the Liquor Act 1982 for the holder of a gaming-related licence to fail to notify the Director of Liquor and Gaming of the prescribed particulars of a prescribed change in the affairs of the licensee within 14 days of the change. This Regulation sets out the changes which must be notified and the information to accompany that notification. The prescribed changes include a change in the name or address of the licensee, the commencement of proceedings by or against the licensee, or a person obtaining a direct or indirect interest in the profits of the business of the licensee.

Consequential changes

The Regulation also makes other changes consequential to the commencement of some of the provisions of the Liquor (Amendment) Act 1993. including omitting a provision requiring compliance plates to be attached to approved amusement devices. (This requirement is now contained in the Act.)

This Regulation is made under the Liquor Act 1982, in particular sections 56
(Fee for grant of licence etc.), 180 (Periodic licence fee), 181 (Change in state of
affairs of gaming-related licensee) and 156 (the general regulation making power).