Casino Control Amendment (Liquor Act Application) Regulation 2012 (NSW)

2012 No 125

New South Wales

Casino Control Amendment (Liquor

Act Application) Regulation 2012

under the

Casino Control Act 1992

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Casino Control Act 1992.

GEORGE SOURIS, MP

Minister for Tourism, Major Events, Hospitality and Racing

Explanatory note
The object of this Regulation is to apply to the casino certain amendments that have been made to the Liquor Act 2007 by the Clubs, Liquor and Gaming Machines Legislation Amendment Act 2011 or that are consequential on recent administrative changes.

This Regulation is made under the Casino Control Act 1992, including section 89 (2).

Published LW 30 March 2012	Page 1
2012 No 125
Clause 1	Casino Control Amendment (Liquor Act Application) Regulation 2012

Casino Control Amendment (Liquor Act Application)

Regulation 2012

under the

Casino Control Act 1992

1      Name of Regulation

This Regulation is the Casino Control Amendment (Liquor Act
Application) Regulation 2012.

2      Commencement

This Regulation commences on 30 March 2012 and is required to be published on the NSW legislation website.

2012 No 125

Casino Control Amendment (Liquor Act Application) Regulation 2012

Amendment of Casino Control Regulation 2009	Schedule 1
Schedule 1	Amendment of Casino Control Regulation 2009

[1] Schedule 5 Application of Liquor Act 2007 to casino

Omit “155,” from Part 1.

[2]      Schedule 5, Part 1

Omit “and 26”. Insert instead “, 26 and 33”.

[3] Schedule 6 Applied provisions of Liquor Act 2007 as modified

Omit section 5 (3). Insert instead:

(3) The Director-General of the Department of Trade and Investment, Regional Infrastructure and Services is to issue guidelines to assist in determining whether or not a person is intoxicated for the purposes of this Act. Such guidelines are to be made publicly available in such manner as the Director-General considers appropriate.

[4]      Schedule 6, section 5 (4)

Omit “of Communities NSW”.

[5]      Schedule 6, section 6 (1) (i)

Omit the paragraph.

[6]      Schedule 6, section 6 (1A)

Insert after section 6 (1):

(1A)

Exemption for gift services in certain circumstances

This Act does not apply to or in respect of the sale or supply of liquor that is part of a sale of flowers or food designed to be delivered as a gift to a person (other than the purchaser) specified by the purchaser, but only if the following requirements are complied with:

(a)	the business of the vendor is promoted or marketed as a genuine gift service,
(b)	the gift is packaged and presented in such a manner that any person receiving it would assume it to be a genuine gift,
(c)	the gift is delivered to the person specified by the purchaser at a place other than the premises at which the business of the vendor is conducted,

2012 No 125

Casino Control Amendment (Liquor Act Application) Regulation 2012

Schedule 1 Amendment of Casino Control Regulation 2009

(d)	the person to whom the gift is delivered is an adult,
(e)	the gift is delivered between 7am and 7pm (except in the case where unforeseen circumstances have delayed the delivery of the gift during that period),
(f)	the volume of liquor supplied as part of the gift does not exceed 2 litres,
(g)	the liquor has been purchased by the vendor on a retail basis.

[7]      Schedule 6, section 53 (1)

Omit “not inconsistent with this Act to which a licence is to be subject”.
Insert instead “on a licence”.

[8]      Schedule 6, section 53 (1A)

Insert after section 53 (1):

(1A)

The conditions that may be imposed by the Authority on a licence
under this section include, but are not limited to, conditions:

(a)	prohibiting the sale or supply of liquor on the licensed premises before 10 am or after 11 pm (or both), and
(b)	restricting the trading hours of, and public access to, the licensed premises.

[9]      Schedule 6, section 76 (8)

Insert after section 76 (7):

(8) This section does not limit or otherwise affect the civil liability of a person for negligence that causes personal injury to a person or the death of a person.

[10]      Schedule 6, section 155

Omit the section.

[11]      Schedule 6, clause 33 of Schedule 1

Insert after clause 26 of Schedule 1:

33 Conditions imposed by Authority to reduce trading hours

Any condition imposed by the Authority under section 53 that would have been validly imposed had section 53 (1A) been in force when the condition was imposed is validated.