Casino Control Amendment (Liquor) Regulation 2008 (NSW)
2008 No 217
New South Wales
Casino Control Amendment (Liquor)
Regulation 2008
under the
Casino Control Act 1992
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Casino Control Act 1992.
GRAHAM WEST, M.P.,
Minister for Gaming and Racing
Explanatory note
The object of this Regulation is to make amendments to the Casino Control Regulation 2001 that are consequential on the enactment of the Liquor Act 2007 and on the amendments made to the Casino Control Act 1992 by the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007. In particular, the provisions of the Liquor Act 1982 that are set out in the Casino Control Regulation 2001 and that apply to licensed premises in the casino and the casino environs are replaced by modified provisions of the Liquor Act 2007.
This Regulation is made under the Casino Control Act 1992, including sections 89 and 170
(the general regulation-making power).
| Published in Gazette No 76 of 27 June 2008, page 5889 | Page 1 |
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| Clause 1 | Casino Control Amendment (Liquor) Regulation 2008 |
Casino Control Amendment (Liquor) Regulation 2008
under the
Casino Control Act 1992
1 Name of Regulation
This Regulation is the Casino Control Amendment (Liquor) Regulation
2008.
2 Commencement
This Regulation commences on 1 July 2008.
3 Amendment of Casino Control Regulation 2001
The Casino Control Regulation 2001 is amended as set out in
Schedule 1.
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(Clause 3)
[1] Clause 3 Definitions
Omit the definitions of Infringement Processing Bureau and IPB Code.
[2] Clause 3, definition of “liquor”
Omit “Liquor Act 1982”. Insert instead “Liquor Act 2007”.
[3] Clause 10 Certain contracts not controlled contracts
Omit clause 10 (2) (m). Insert instead:
(m) contracts relating to the provision of training courses approved under section 64 of the Act or training courses conducted with the approval of the Authority under Part 4A of this Regulation (as in force before 1 July 2008) or under Division 1 of Part 5 of the Liquor Regulation 2008,
[4] Part 4A
Omit the Part. Insert instead:
Part 4A Responsible service of alcohol training
34B Definitions In this Part:
licence, licensee and licensed premises have the same meanings
as they have in the Liquor Act 2007, as applied by Schedule 5 and
modified by Schedule 6.
recognised RSA certificate means a recognised RSA certificate
within the meaning of Division 1 of Part 5 of the Liquor
Regulation 2008, and includes any recognised RSA certificate
within the meaning of this Part (before its substitution by the
Casino Control Amendment (Liquor) Regulation 2008) and in
force immediately before 1 July 2008.
staff member, in relation to licensed premises, means any agent
or employee of, or person purporting to act on behalf of, the
licensee of the premises.
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34C Obligations of licensee as to responsible service of alcohol The licensee of licensed premises must not cause or permit a staff member to sell, supply or serve liquor by retail on the premises unless the staff member holds a recognised RSA certificate.
Maximum penalty: 50 penalty units.
34D Obligations of staff members as to responsible service of alcohol A staff member of licensed premises must not sell, supply or serve liquor by retail on the premises unless the staff member holds a recognised RSA certificate.
Maximum penalty: 10 penalty units.
34E Obligations in relation to persons carrying on certain security
activities
(1)
The licensee of licensed premises must not employ or engage a person to carry on activities as a crowd controller or bouncer on or about the premises unless the person holds a recognised RSA certificate.
Maximum penalty: 50 penalty units.
(2)
A person must not, in the course of the person’s employment, carry on activities as a crowd controller or bouncer on or about licensed premises unless the person holds a recognised RSA certificate.
Maximum penalty: 10 penalty units. Note. Under the Security Industry Act 1997, a person who is employed to act as a crowd controller, venue controller or bouncer is required to hold a class 1C licence under that Act.
34F Conduct of promotional activities For the purposes of this Part:
(a)
liquor that is sold, supplied or served on licensed premises as part of a promotional activity conducted by someone other than the licensee is taken to have been sold, supplied or served by retail, and
(b)
any person by whom liquor is sold, supplied or served on licensed premises as part of a promotional activity conducted by someone other than the licensee is taken to be a staff member.
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34G Licensee to keep register of recognised RSA certificates
(1) It is a condition of a licence for licensed premises that the licensee
must keep a register containing:
(a)
a copy of the recognised RSA certificate for the licensee, and
(b)
a copy of the recognised RSA certificate for each staff member whose duties include the sale, supply or service of liquor by retail, and
(c)
a copy of the recognised RSA certificate for each person employed or engaged by the licensee to carry on activities as a crowd controller or bouncer on or about the licensed premises.
(2) It is a condition of a licence for licensed premises that the licensee must make the register kept under this clause available for inspection on request by a police officer or inspector.
[5] Clause 35 Application of Liquor Act 2007 to casino
Omit “Liquor Act 1982” wherever occurring in clause 35 (1) and (2).
Insert instead “Liquor Act 2007”.[6] Clause 35 (2) (b)
Omit “section 42”. Insert instead “section 61”.
[7] Clause 35A Drinking water to be available free of charge on licensed premises
Omit clause 35A (2). Insert instead:
(2) In this clause and in clauses 35B–35E:
licence, licensee and licensed premises have the same meanings
as they have in the Liquor Act 2007, as applied by Schedule 5 and
modified by Schedule 6.
[8] Clauses 35C–35E
Insert after clause 35B:
35C Discount liquor promotions or advertisements
(1)
This clause applies to any promotion or advertisement involving the discounting of liquor that is conducted, or published, by or on behalf of a licensee.
(2) If a promotion or advertisement to which this clause applies:
(a) appears in the printed or electronic media, or
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(b) is conducted on or in the vicinity of the licensed premises or appears inside or in the vicinity of the licensed premises, or (c) is made available for the public to participate in or view, the Authority may, by notice in writing, require the licensee to include, as part of the promotion or advertisement, a message that encourages the responsible consumption of alcohol.
(3) The Authority may, in making any such requirement, specify:
(a) the content of the message, and (b)
the manner in which the message is to appear as part of the promotion or advertisement (including the size, colour and nature of the message and its placement in relation to the promotion or advertisement).
(4) A licensee must comply with a notice given to the licensee under
this clause.
Maximum penalty: 50 penalty units.
35D Codes of practice
(1) The Authority may approve of a code of practice that deals with
the responsible sale, supply, service and promotion of liquor.(2) The Authority may approve of any such code of practice for all
licences or for particular licences only.(3)
If the Authority approves of a code of practice in relation to a licence, it is a condition of the licence that the licensee complies with the code.
35E Display and availability of licence etc
(1) This clause applies to any member of staff of licensed premises who:
(a) sells, supplies or serves liquor on the licensed premises, or (b)
carries on any security activity (such as a crowd controller or bouncer) on or about the licensed premises, or
(c)
exercises any functions under the Liquor Act 2007 (as applied by Schedule 5 and modified by Schedule 6).
(2)
It is a condition of a licence that a copy of each of the following are available at all times for the information of the members of staff of the licensed premises to which this clause applies:
(a) the licence,
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(b) any minors area authorisation held in relation to the licence, (c) any conditions imposed by the Authority on the licence or any such authorisation.
[9] Clause 38 Divulging of information
Omit the clause.
[10] Clause 39
Omit the clause. Insert instead:
39 Evidence of age Any of the following documents is, for the purposes of the Act, evidence that the person is at least 18 years of age, but only if the document bears a photograph of the person and indicates (by reference to the person’s date of birth or otherwise) that the person is of or above that age and only if the document has not expired and otherwise appears to be in force:
(a) a motor vehicle driver or rider’s licence or permit issued by the Roads and Traffic Authority or by the corresponding public authority of another State or Territory or under the law of another country, (b) a Photo Card issued under the Photo Card Act 2005, (c) a document (referred to as an existing RTA proof of age card) issued by the Roads and Traffic Authority under section 117EA of the Liquor Act 1982 and in force immediately before 1 July 2008, Note. Existing RTA proof of age cards cease to be valid for any purpose on 14 December 2008.
(d) a proof of age card (however described) issued by a public authority of the Commonwealth or of another State or Territory for the purpose of attesting to a person’s identity and age, (e) an Australian or foreign passport.
[11] Clause 40 Casino precinct
Omit the clause.
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[12] Clause 41 Penalty notice offences
Omit clause 41 (2). Insert instead:
(2) For the purposes of section 150 of the Liquor Act 2007 (as applied by this Regulation and modified to read as set out in Schedule 6):
(a) each offence created by a provision specified in Column 1 of Part 3 of Schedule 8 is prescribed, and (b) the prescribed amount of penalty for such an offence is the amount specified opposite the offence in Column 2 of Schedule 8.
[13] Schedules 5 and 6
Omit the Schedules. Insert instead:
Schedule 5 Application of Liquor Act 2007 to
casino
(Clause 35)
Part 1 Provisions of Liquor Act 2007 applying to
licensed premisesSections 3–11, 40 (1) and (2), 52, 53, 56, 66–75, 77, 79–81, 91, 92, 95, 97, 99–102, 111–113, 117–119, 123–136, 145–147, 149–152, 155, 157, 158 and 160.
Clauses 2, 3, 17–21 and 26 of Schedule 1.
Part 2 Additional provisions of Liquor Act 2007
applying to casino premisesSections 22, 27, 40 (4) and (5), 41–43, 45–47, 55, 60, 61, 76, 78, 82–85,
87–90, 94, 107, 120, 121 and 137–143.
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Schedule 6 Applied provisions of Liquor Act
2007 as modified
(Clause 35)
Part 1 Preliminary 3 Regard to be had to harm minimisation and other measures
Each person who exercises functions under this Act (including a licensee) is required to have due regard to the following:
(a) the need to minimise harm associated with misuse and abuse of liquor (including harm arising from violence and other anti-social behaviour), (b) the need to encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor, (c) the need to ensure that the sale, supply and consumption of liquor contributes to, and does not detract from, the amenity of community life. 4 Definitions
(1) In this Act:
Authority means the Casino, Liquor and Gaming Control
Authority constituted under the Casino, Liquor and Gaming
Control Authority Act 2007.
bar area means a part of licensed premises (being a part not
operated by a casino operator) in which liquor is ordinarily sold
or supplied for consumption on the premises, but does not
include:
(a) a restaurant, or (b) a part of the licensed premises in respect of which a minors area authorisation under section 121 is in force, whenever the authorisation operates to authorise the use by a minor of that part, or (c) a part of the licensed premises in which liquor is sold or supplied exclusively to residents. beer means liquor that is beer, ale, lager, pilsener, porter, stout or any other fermented malt liquor or any fermented liquor made from hops or that for the purposes of sale is held out to be beer. casino has the same meaning as in the Casino Control Act 1992.
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casino environs means premises the subject of an order under
section 89 (3) of the Casino Control Act 1992.
casino operator means a person who is the holder of a licence
under Part 2 of the Casino Control Act 1992 to operate a casino.
close associate means a close associate within the meaning of the
Casino, Liquor and Gaming Control Authority Act 2007.
Director means the Director of Liquor and Gaming holding
office as such under Chapter 1A of the Public Sector Employment
and Management Act 2002.
employ includes engage under a contract for services and
employee includes a person engaged under a contract for
services.
evidence of age document for a person means any of the
following documents that bears a photograph of the person and
that indicates (by reference to the person’s date of birth or
otherwise) that the person has attained a particular age, but does
not include any such document that has expired or otherwiseappears not to be in force:
(a) a motor vehicle driver or rider’s licence or permit issued by the Roads and Traffic Authority or by the corresponding public authority of another State or Territory or under the law of another country, (b) a Photo Card issued under the Photo Card Act 2005, (c) a document (referred to as an existing RTA proof of age card) issued by the Roads and Traffic Authority under section 117EA of the Liquor Act 1982 and in force immediately before the repeal of that section, Note. Existing RTA proof of age cards cease to be valid for any purpose on 14 December 2008.
(d)
a proof of age card (however described) issued by a public authority of the Commonwealth or of another State or Territory for the purpose of attesting to a person’s identity and age,
(e) an Australian or foreign passport. institution.
former Act means the Liquor Act 1982 as applied and modified
under the regulations under the Casino Control Act 1992.
inspector means an inspector within the meaning of the Casino,financial institution means a bank or authorised deposit-taking intoxicated—see section 5.
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licence means a licence in force under section 10.
licensed premises means the premises or part of the premises in
the casino or casino environs on which the sale or supply of
liquor is authorised by a licence.
licensee means the holder of a licence.liquor means any of the following:
(a)
a beverage which, at 20° Celsius, contains more than 1.15% ethanol by volume,
(b)
anything that is not a beverage referred to in paragraph (a) but, for the purposes of sale, is held out to be beer or spirits,
(c)
any vapour that would, as a liquid, be a beverage as referred to in paragraph (a),
(d)
an alcohol-based food essence (being a food flavouring preparation in liquid form that, at 20° Celsius, contains more than 1.15% ethanol by volume) that is packaged:
(i)
in the case of vanilla essence (whether natural or imitation)—in a container of more than 100 millilitres capacity, or
(ii)
in any other case—in a container of more than 50 millilitres capacity,
except in circumstances where the alcohol-based food
essence is sold in that container by wholesale.local liquor accord—see section 131.
manager of licensed premises means a person appointed by the
licensee under section 66 to manage the licensed premises.
meal means a genuine meal consumed by a person at a dining
table and includes, in the case of a licence that authorises the sale
of liquor to a resident for consumption away from the licensedpremises:
(a)
a meal supplied by the licensee for immediate consumption (otherwise than at a dining table) on or away from the premises, and
(b)
a picnic-style hamper supplied by the licensee for consumption (otherwise than at a dining table) away from the premises on the same day as it is supplied.
minor means a person who is under the age of 18 years.
owner of premises means the person entitled to the rents or
profits of the premises.
prohibited drug and prohibited plant have the same meanings as
in the Drug Misuse and Trafficking Act 1985.
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related corporation of a licensee means a corporation that, within the meaning of the Corporations Act 2001 of the Commonwealth, is a related body corporate of the licensee.
resident of licensed premises means a person (other than the licensee) who resides, or is staying overnight in, a part of the premises that has been set aside for the purposes of accommodation.
responsible adult, in relation to a minor, means an adult who is:
(a) a parent, step-parent or guardian of the minor, or (b) the minor’s spouse or de facto partner, or (c) for the time being standing in as the parent of the minor. responsible person for licensed premises means any of the
following:
(a) the licensee, (b) the manager of the premises, (c) an employee or agent of the licensee or manager, (d) a person acting or purporting to act on behalf of the licensee or manager. restaurant means premises (however described) in respect of which the primary purpose is the business of preparing and serving meals to the public.
sell includes any of the following:
(a) barter or exchange, (b) offer, agree or attempt to sell, (c) expose, send, forward or deliver for sale, (d) cause or permit to be sold or offered for sale. supply includes dispose of or deliver.
(2) In this Act, a reference to the exercise of a function includes a reference to the exercise or performance of a power, authority or duty. (3) Notes included in the text of this Act do not form part of this Act. 5 Meaning of “intoxicated”
(1) For the purposes of this Act, a person is intoxicated if:
(a)
the person’s speech, balance, co-ordination or behaviour is noticeably affected, and
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(b)
it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor.
(2) Accordingly, a reference in this Act to intoxication in relation to licensed premises is a reference to the presence of intoxicated persons on the licensed premises. (3) The Director 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 considers appropriate.
(4) The guidelines issued by the Director may also indicate circumstances in which a person may be assumed not to be intoxicated for the purposes of this Act.
6 Exemptions from Act
(1) This Act does not apply to or in respect of the following:
(a) [not applied] (b)
the sale of spirituous or distilled perfume as perfumery only and not for drinking,
(c) the sale of liquor for medicinal purposes by:
(i) a registered medical practitioner, or (ii)
a nurse authorised under the Nurses and Midwives Act 1991 to practise as a nurse practitioner, or
(iii)
a midwife authorised under that Act to practise as a midwife practitioner, or
(iv) a registered pharmacist, (d)
the sale of liquor to an adult at an auction conducted by an auctioneer, but only if the requirements referred to in subsection (2) are complied with,
(e)
the sale of liquor taken in execution or under similar process, or forfeited to the Crown, if the sale is by or on behalf of the sheriff or a sheriff’s officer, or a bailiff or a police officer,
(f), (g) [not applied] (h) the sale of liquor authorised by a law of the Commonwealth for the export of the liquor from the Commonwealth, (i) the sale of liquor that is part of a sale of flowers or food designed to be delivered as a gift to a person (not being the purchaser) specified by the purchaser, but only if:
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(i) the liquor is delivered together with the flowers or food to the person so specified at a place other than the premises at which the business of the vendor is conducted, and
(ii) the liquor has been purchased by the vendor on a retail basis, and
(iii) the volume of liquor supplied in respect of each gift delivered by the vendor does not exceed 2 litres, and
(iv) the person to whom the liquor is delivered is an adult,
(j), (k) [not applied] (l)
the sale or supply of liquor in such other circumstances as may be prescribed by the regulations under the Casino Control Act 1992.
(2) For the purposes of subsection (1) (d) of the Act, the following
requirements are prescribed:
(a)
the auctioneer conducting the auction must be a person who carries on business (or is employed) as a professional auctioneer,
(b)
the auction must be publicly promoted as an auction involving the sale of liquor,
(c)
the Authority must be notified, in the form and manner approved by the Authority, that the auctioneer sells liquor by auction otherwise than under the authority of a licence under this Act,
(d)
the auctioneer must comply with any direction given to the auctioneer by the Authority as to the quantity or type of liquor that may be sold by auction or as to the manner or frequency in which liquor is sold by auction.
Part 2 Principal offences relating to sale and
supply of liquor7 Licence required to sell liquor
(1) A person must not sell liquor unless the person is authorised to do
so by a licence.
Maximum penalty: 100 penalty units or imprisonment for 12
months, or both.(2)
A person does not commit an offence under subsection (1) if the person is an employee or agent of a licensee and the sale is made
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in accordance with this Act and the authorisation conferred by the
licence.
(3) A person who is the occupier, manager or person apparently in control of any premises on or from which liquor is sold in contravention of subsection (1) is taken to have sold the liquor unless it is proved that the person:
(a) had no knowledge of the sale, and (b) had used all due diligence to prevent the sale of liquor on or from the premises. 8 Keeping or using unlicensed premises
(1) A person must not:
(a) open, keep or use any premises for the purpose of selling liquor, or (b) permit any premises to be opened, kept or used by another person for the purpose of selling liquor, or (c) have the care or management of any premises opened, kept or used for the purpose of selling liquor, or (d) assist in conducting the business of any premises opened, kept or used for the purpose of selling liquor, unless the premises are licensed premises or are otherwise authorised under this Act to be used for the sale or supply of liquor.
Maximum penalty: 100 penalty units or imprisonment for 12 months, or both.
(2) A person who is found on, or who is found entering or leaving, any premises opened, kept or used in contravention of subsection (1) is guilty of an offence. Maximum penalty: 5 penalty units. 9 Sale or supply of liquor contrary to licence
(1) A licensee or an employee or agent of a licensee must not sell or
supply liquor, or cause or permit liquor to be sold or supplied:
(a)
in contravention of the conditions to which the licence is subject, or
(b)
otherwise than in accordance with the authority conferred on the licensee by or under this Act.
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(2) Without limiting subsection (1), a licensee must not:
(a)
keep licensed premises open for the sale or supply of liquor, or
(b) sell or supply liquor, at a time when the licensee is not authorised under this Act to sell
or supply liquor.(3)
A licensee must not sell, or employ or permit another person to sell, liquor on premises other than premises on which the licensee is authorised by the licence or this Act to sell the liquor.
Maximum penalty: 100 penalty units or imprisonment for 12 months, or both.
Part 3 Licence 10 Authority may grant licence
(1)
The Authority may grant a licence authorising the licensee to sell or supply liquor by retail on the premises specified in the licence (being premises forming part of the casino or casino environs):
(a) in the case of a licence held by a casino operator:
(i) for consumption on the licensed premises, or (ii)
to a resident for consumption away from the licensed premises, but only if the requirements of subsection (4) are complied with, or
(b)
in any other case—for consumption on the licensed premises only.
(2) A licence authorises the licensee to sell or supply liquor in
accordance with this Act and the conditions of the licence.(3) The authorisation conferred by a licence is subject to this Act and
the regulations under the Casino Control Act 1992.(4) The following requirements are specified for the purposes of
subsection (1) (a) (ii):
(a)
the sale of liquor for consumption away from the licensed premises must be ancillary to the provision of a meal for consumption away from the licensed premises,
(b)
the volume of liquor supplied to any such resident on any one day must not exceed 2 litres.
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11 Licence conditions—general provisions
(1) A licence is subject to:
(a)
such conditions as may be imposed, or are taken to have been imposed, by the Authority (whether at the time the licence is granted or at any later time) under this Act, and
(b)
such conditions as are imposed by this Act or as may be prescribed by the regulations under the Casino Control Act 1992, and
(c)
such other conditions as are authorised to be imposed on the licence under this Act.
(2) A licensee must comply with any conditions to which the licence
is subject.
Maximum penalty: 100 penalty units or imprisonment for 12
months, or both.(3) For the purposes of this Act, a condition to which a licence is subject includes any provision of this Act that imposes a requirement or restriction (other than as an offence) on or in relation to the licence, licensee or licensed premises concerned. 22 Licensed restaurants—primary purpose test
(1) A licence for premises to be used as a restaurant must not be granted in respect of the premises if the primary purpose of the business or activity carried out on the premises is the sale or supply of liquor. (2) The authorisation conferred by a licence for a restaurant does not apply if the primary purpose of the business or activity carried out on the licensed premises is the sale or supply of liquor. 27 Requirement to provide food on licensed premises
(1)
Liquor may only be sold or supplied on licensed premises if food of a nature and quantity consistent with the responsible sale, supply and service of alcohol is made available whenever liquor is sold or supplied under the authorisation of the licence.
(2)
If any requirements are prescribed by the regulations under the Casino Control Act 1992 in relation to the nature and quality of any such food, those requirements must be complied with.
(3) Subsection (1) is subject to such exceptions as may be approved
by the Authority in relation to any particular licensed premises.
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Part 4 Licensing procedures and related matters 40 Licence applications
(1) Licence applications are to be made to the Authority. (2) An application for a licence may only be made by a corporation. (3) [not applied] (4) An application for a licence must:
(a) be in the form and manner approved by the Authority, and (b)
be accompanied by the fee determined by the Authority, and
(c) [not applied] (d)
comply with such other requirements as may be approved by the Authority.
(5) If, before an application for a licence is determined by the Authority, a change occurs in the information provided in, or in connection with, the application (including any information provided in accordance with this subsection), the applicant must immediately notify the Authority of the particulars of the change. Maximum penalty: 20 penalty units. 41 Statement as to interested parties
(1)
An application for a licence must be accompanied by a written statement, made by a person having knowledge of the facts, specifying:
(a)
that the person has made all reasonable inquiries to ascertain the information required to complete the statement, and
(b)
whether there are any persons (other than financial institutions) who will be interested in the business, or the profits of the business, carried on under the licence, and
(c)
if there are any such persons, their names and dates of birth and, in the case of a proprietary company, the names of the directors and shareholders.
(2)
For the purposes of subsection (1), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive:
(a)
any income derived from the business, or any other financial benefit or financial advantage from the carrying
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on of the business (whether the entitlement arises at law or
in equity or otherwise), or
(b) any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on. 42 Investigations, inquiries and referrals in relation to licence applications
(1) If the Authority receives an application for a licence, the Authority may carry out such investigations and inquiries in relation to the application as the Authority considers necessary for a proper consideration of the application. (2) [not applied] (3) [not applied] (4) The Authority may refer to the Commissioner of Police details of the application together with any supporting information in relation to the application that the Authority considers to be appropriate for referral to the Commissioner. (5) The Commissioner of Police may inquire into, and report to the Authority on, such matters concerning the application as the Authority may request. 43 Authority may require further information
(1)
The Authority may, by notice in writing, require a person who has applied to the Authority for a licence, or a close associate of any such person, to do one or more of the following things:
(a)
provide, in accordance with directions in the notice, such information as, in the opinion of the Authority, is relevant to the investigation of the application and is specified in the notice,
(b)
produce, in accordance with directions in the notice, such records as, in the opinion of the Authority, are relevant to the investigation of the application and permit examination of the records, the taking of extracts from them and the making of copies of them,
(c)
authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),
(d)
furnish to the Authority such authorisations and consents as the Authority requires for the purpose of enabling the Authority to obtain information (including financial and
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other confidential information) from other persons
concerning the person and the person’s associates.
(2) A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person. (3) The Authority may refuse to determine an application if a requirement made under this section in relation to the application is not complied with. 45 Decision of Authority in relation to licence application
(1) The Authority may, after considering an application for a licence,
grant the licence or refuse to grant the licence.(2)
The Authority may, in such circumstances as the Authority considers appropriate, treat an application for a licence as having been withdrawn.
(3) The Authority must not grant a licence unless the Authority is
satisfied that:
(a)
the applicant is a fit and proper person to carry on the business or activity to which the proposed licence relates, and
(b)
practices will be in place at the licensed premises as soon as the licence is granted that ensure, as far as reasonably practicable, that liquor is sold, supplied or served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and that those practices will remain in place, and
(c)
if development consent is required under the Environmental Planning and Assessment Act 1979 (or approval under Part 3A of that Act is required) to use the premises for the purposes of the business or activity to which the proposed licence relates—that development consent or approval is in force.
(4) The Authority must refuse an application if it determines, after
subsection (5) has been complied with:
(a)
that the applicant is not a suitable person to be the holder of a licence, or
(b)
that a person who is, was or will be a close associate of the applicant is not a suitable person to be a close associate of the holder of a licence, or
(c)
that a person who occupies a position of authority in the corporation that is the applicant is not a suitable person to
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occupy such a position in a corporation that is to be the
holder of a licence.
(5) A determination under subsection (4) may not be made unless:
(a) the applicant has been made aware of reasons for the possibility of such a determination, and (b) the applicant has been given an opportunity to make submissions, and to bring to the attention of the Authority any matter related to those reasons that the applicant thinks fit. 46 Duration of licences
(1) Except during any period of suspension, a licence continues to be in force until such time as it is surrendered to the Authority, cancelled or otherwise ceases to be in force or, in the case of a licence that is granted for a specified term, when that term expires. (2) A licence may be surrendered only in accordance with such
arrangements as may be approved by the Authority.47 Granting of licence
(1) The Authority may determine a fee (not exceeding $2,000) for the granting of a licence. If any such fee is determined, the licence does not take effect unless the fee has been paid. (2) The Authority may, in granting a licence, specify requirements that are to be complied with before the licence takes effect. The licence does not take effect until such time as any such requirements have been complied with. (3) A licence is to be in the form approved by the Authority. 52 Authority may impose special licence conditions
(1) Conditions relating to harm minimisation The Authority may impose conditions on a licence prohibiting or restricting activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption).
(2) Conditions relating to serving of liquor The Authority may impose conditions on a licence requiring a licensee, in specified circumstances:
(a) to cease to serve liquor on the licensed premises, or
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(b)
to restrict access to the licensed premises in a manner and to the extent provided by the conditions,
or both, from a time of day that is earlier than the time at which,
as otherwise required by the licence, trading must cease.
(3) Conditions relating to local liquor accords The Authority may impose conditions on a licence requiring the licensee to participate in, and to comply with, a local liquor accord. 53 Authority may impose, vary or revoke licence conditions
(1) Without limiting any other provision of this Act, the Authority
may at any time:
(a) on application by the Commissioner of Police, or (b) on the Authority’s own initiative, impose conditions not inconsistent with this Act to which a
licence is to be subject.
(2) The Authority may at any time:
(a)
on application by the licensee or the Commissioner of Police, or
(b) on the Authority’s own initiative, vary or revoke a condition of a licence that has been imposed (or
taken to have been imposed) by the Authority under this Act.(3) An application under subsection (1) or (2) must:
(a) be in the form and manner approved by the Authority, and (b)
in the case of an application by a licensee—be accompanied by the fee determined by the Authority, and
(c)
be accompanied by such information and particulars as may be required by the Authority, and
(d)
comply with such other requirements as may be approved by the Authority.
(4)
The Authority must not impose a condition on a licence after it has been granted, or vary or revoke a condition that has been imposed (or taken to have been imposed) by the Authority, unless the Authority has:
(a)
given the licensee a reasonable opportunity to make submissions in relation to the proposed decision, and
(b)
taken any such submissions into consideration before making the decision.
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55 Requirement to provide information in relation to persons interested in licensee’s business
(1)
If a person (other than the licensee or a financial institution) becomes interested in the business, or the conduct of the business, carried out on licensed premises, it is a condition of the licence that the Authority is provided with the following information within 28 days after the other person becomes so interested:
(a)
the name and date of birth of the person so interested and, in the case of a proprietary company, the names of the directors and shareholders,
(b)
a statement, signed by the licensee, that the licensee has made all reasonable inquiries to ascertain the information referred to in paragraph (a).
(2) For the purposes of subsection (1), a person is interested in the business, or the conduct of the business, carried out on licensed premises if the person is entitled to receive:
(a) any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise), or (b) any rent, profit or other income in connection with the use or occupation of the premises on which the business is to be carried on. (3) The information required to be provided to the Authority under
this section may be provided by the interested person.(4) If a person ceases to be a person who, in accordance with this section, is interested in the business, or the conduct of the business, carried out on licensed premises, it is a condition of the licence that the Authority is, within 28 days of the person ceasing to have that interest, notified in writing that the person is no longer such an interested person. 56 Incident registers
(1)
If the sale or supply of liquor after midnight on licensed premises is authorised at least once a week on a regular basis, it is a condition of the licence that the licensee maintains an incident register in the form approved by the Authority.
(2)
An incident register required to be kept under this section is to record details of the following incidents that occur outside of the standard trading period for the licensed premises:
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(a)
any incident involving violence or anti-social behaviour occurring on the licensed premises,
(b)
any incident of which the licensee is aware that involves violence or anti-social behaviour occurring in the immediate vicinity of the licensed premises and that involves a person who has recently left, or been refused admission to, the premises,
(c)
any incident that results in a person being turned out of the licensed premises under section 77.
(3) The incident register must also record details of any action taken
in response to any such incident.60 Transfer of licence
(1)
The Authority may, on application made in accordance with this section, approve the transfer of a licence to a person who, in the opinion of the Authority, would be entitled to apply for the same kind of licence in relation to the licensed premises.
(2)
An application for approval to transfer a licence may be made by the licensee or the person to whom the licence is proposed to be transferred.
(3) [not applied] (4) An application for approval to transfer a licence must:
(a) be in the form and manner approved by the Authority, and (b)
be accompanied by the fee determined by the Authority and such information and particulars as may be prescribed by the regulations under the Casino Control Act 1992, and
(c)
if made by a person other than the licensee—be accompanied by the written consent of the licensee to the proposed transfer, and
(d)
comply with such other requirements as may be approved by the Authority.
(5)
An application for approval to transfer a licence to another person is to be dealt with and determined by the Authority as if it were an application for the granting of a licence to the other person and the other person was the applicant for the licence. Accordingly, sections 40–43 and 45–47 apply in relation to an application under this section.
(6)–(10) [not applied]
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(11) The Authority must not approve the transfer of a licence unless
satisfied:
(a) that practices will be in place at the licensed premises of the transferee as soon as the licence is transferred that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and (b) that those practices will remain in place. (12) The transfer of a licence has effect as if the licence had been
granted to the transferee.61 Application for transfer of licence on dispossession of licensee
(1) This section applies in relation to a licence if:
(a) the licensee is evicted from the licensed premises, or (b)
the owner of the licensed premises comes into, or becomes entitled to, possession of the licensed premises to the exclusion of the licensee, or
(c)
the owner of the licensed premises comes into possession of the premises.
(2) An application for a transfer of the licence may be made by the
owner of the licensed premises.(3) The owner of the licensed premises who comes into, or is entitled to, possession of the premises is taken to be the licensee of the premises until:
(a) the day that is 28 days after this section becomes applicable, or (b) the day on which an application is made under subsection (2), whichever first occurs. (4) If an application is made under subsection (2) not later than 28 days after this section becomes applicable, the applicant is, until the application is determined by the Authority, taken to be the licensee under the licence to which the application relates. (5) The Authority is not to determine an application for the transfer
of a licence under this section unless:
(a) the Authority is satisfied: (i) that notice of the application was given to the dispossessed licensee at least 3 clear days before the
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Authority determines the application (or that all reasonable steps necessary for giving notice were taken by or on behalf of the applicant and that failure to give notice was not due to any neglect or default of the applicant), and
(ii) if so notified, that the dispossessed licensee has been given a reasonable opportunity to make submissions in relation to the application, and
(b)
the Authority is satisfied that any lessee of the licensed premises has been notified of the application for the transfer of the licence and been given a reasonable opportunity to make submissions in relation to the application, and
(c)
the Authority has taken any submissions made under this subsection into consideration.
(6) Section 60 applies, with such modifications as are necessary, in relation to an application for the transfer of a licence under this section. 66 Appointment of managers
A licensee:
(a)
must appoint a manager approved by the Authority under this Act for the licensed premises, and
(b)
must not cause or permit the conduct of business under the licence for a period of more than 28 days except under the personal supervision and management of a person so approved.
Maximum penalty: 50 penalty units.
67 Restrictions on who may be appointed as manager
(1) The following provisions apply to the appointment under section
66 of a manager of licensed premises:
(a)
a person may not be appointed as the manager of licensed premises unless the person is approved by the Authority to manage licensed premises and the approval applies to the premises or class of premises concerned,
(b)
only an individual may be appointed to manage licensed premises,
(c)
a person cannot be appointed as the manager of licensed premises if at the time of the appointment the person already holds an appointment as the manager of other licensed premises.
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(2) [not applied] (3) An appointment in contravention of this section is void for the
purposes of this Act.68 Approval of persons to manage licensed premises
(1)
An application for the Authority’s approval of a person to manage licensed premises must be in the form and manner approved by the Authority and be accompanied by the fee determined by the Authority.
(2) The Authority may grant any such application or refuse to grant
the application.(3)
In determining an application for approval of a person to manage licensed premises, the Authority has the same powers in relation to the application as the Authority has in relation to an application for a licence.
(4) The Authority’s approval may not be given unless the Authority
is satisfied that the person concerned:
(a) is a fit and proper person to manage licensed premises, and (b)
understands the person’s responsibilities in relation to, and is capable of implementing, practices in place at licensed premises for ensuring the responsible sale, supply and service of alcohol and the prevention of intoxication, and
(c)
if the Authority has required the person to attend a course of training or instruction approved by the Authority—has completed the course to the standard required by the Authority.
(5)
If the Authority is satisfied that there is nothing that might preclude the Authority from approving of the person to manage licensed premises, but requires more information before making a final decision, the Authority may give a provisional approval of the person to be such a manager.
(6)
A provisional approval is sufficient to authorise the appointment of the person, in accordance with section 69, as manager of the licensed premises until such time as the Authority confirms the approval of the person.
(7)
An approval or provisional approval of a person to manage licensed premises may be given so as to apply in relation to any particular licensed premises, to all licensed premises of a specified class or to all licensed premises, as the Authority thinks fit.
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69 Notice of appointments
(1) A licensee must give the Authority notice of the appointment of
a person as manager of licensed premises.
Maximum penalty: 20 penalty units.(2)
The appointment of a manager is not in force until the licensee has given the Authority notice of the appointment as required by this section, accompanied by the declaration referred to in subsection (5) (b).
(3)
The appointment of a manager is revoked by the licensee giving notice under this section of the appointment of a new manager or by the licensee or manager giving the Authority notice of the manager’s ceasing to act as manager.
(4)
A notice under this section may specify a day that is later than the day the notice is given as the day the notice is to take effect, and the notice takes effect accordingly.
(5) A notice under this section:
(a)
must be completed in writing in the form approved by the Authority, and
(b)
must be accompanied by a declaration in writing, in a form approved by the Authority, of the person to be appointed as manager of the premises concerned:
(i)
signifying the person’s acceptance of the appointment, and
(ii)
certifying such matters as the form of notice may require (including matters relating to the person’s responsibilities in relation to, and capacity to implement, practices in place at the premises for ensuring the responsible sale, supply and service of alcohol, and the prevention of intoxication, on the premises).
(6) In any proceedings in which the question of whether notice was given to the Authority under this section is at issue, the party alleged to have given the notice bears the onus of establishing on the balance of probabilities that the notice was given. 70 Liability of licensee for contravention by manager
The licensee of licensed premises is taken to have contravened any provision of this Act that the manager of the licensed premises has contravened as a result of section 91 unless the licensee establishes that the licensee:
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(a) did not authorise or knowingly permit the contravention by the manager, and (b) maintained control over and supervision of the activities of the manager of the licensed premises in an effort to prevent any such contravention occurring. 71 Liability of directors etc of corporate licensees
(1)
If a licensee that is a corporation contravenes (whether by act or omission) any provision of this Act, each person who occupies a position of authority in the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(2)
If a licensee that is a corporation is taken to have contravened (whether by act or omission) any provision of this Act or the regulations under the Casino Control Act 1992 by reason of a contravention by the manager of the licensed premises, each person who occupies a position of authority in the corporation is taken to have contravened the same provision unless the person establishes that the person:
(a)
was not knowingly a party to any authorisation by the corporation of the contravention by the manager, and
(b)
took all reasonable steps (within the scope of the person’s authority) to ensure that the corporation maintained control over and supervision of the activities of the manager of the licensed premises in an effort to prevent any such contravention by the manager occurring.
(3) A person may be proceeded against and convicted under a provision in accordance with this section whether or not the corporation or manager of the licensed premises has been proceeded against or convicted. (4) This section does not affect any liability imposed on a corporation or the manager of licensed premises for an offence committed by the corporation or manager under this Act.
(5)
Without limiting any other law or practice regarding the admissibility of evidence, evidence that an officer, employee or agent of a corporation (while acting in his or her capacity as such) had, at any particular time, a particular intention, is evidence that the corporation had that intention at that time.
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72 Corporate licences—interpretative provisions
(1)
A reference in this Act to a position of authority in a corporation is a reference to the position of chief executive officer, director or secretary of the corporation.
(2)
For the purposes of this Act, a person who occupies a position of authority in a corporation is to be regarded as interested in an application for a licence made by the corporation and as interested in the business of the licensed premises to which a licence held by the corporation relates.
(3)
For the purposes of this Act, a person who is a shareholder in a corporation is not (merely because of being a shareholder) to be regarded as a person who will be interested in an application for a licence made by the corporation or in the business, or the profits or conduct of the business, to be carried on pursuant to the licence applied for or of the licensed premises to which a licence held by the corporation relates.
Part 5 Regulation and control of licensed
premisesDivision 1 Conduct on licensed premises 73 Prevention of excessive consumption of alcohol on licensed premises
(1) A licensee must not permit:
(a) intoxication, or (b) any indecent, violent or quarrelsome conduct, on the licensed premises.
Maximum penalty: 100 penalty units.
(2)
A licensee or an employee or agent of a licensee must not, on the licensed premises, sell or supply liquor to an intoxicated person. Maximum penalty: 100 penalty units.
(3)
A person (other than a licensee or an employee or agent of a licensee) must not, on licensed premises, supply liquor to an intoxicated person.
Maximum penalty: 10 penalty units. (4)
If an intoxicated person is on licensed premises, the licensee is taken to have permitted intoxication on the licensed premises unless the licensee proves:
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(a)
that the licensee, and the licensee’s employees or agents, took the steps set out in subsection (5) or all other reasonable steps to prevent intoxication on the licensed premises, or
(b)
that the intoxicated person did not consume alcohol on the licensed premises.
(5) For the purposes of subsection (4) (a), the following are the
relevant steps:
(a) asked the intoxicated person to leave the premises, (b) contacted, or attempted to contact, a police officer for assistance in removing the person from the premises, (c) refused to serve the person any alcohol after becoming aware that the person was intoxicated. 74 Sale of stolen goods and possession, use or sale of drugs on licensed premises
(1) A licensee must not permit the licensed premises to be used for
the sale of:
(a) any goods that the licensee suspects of being stolen, or (b)
any substance that the licensee suspects of being a prohibited plant or a prohibited drug.
Maximum penalty: 50 penalty units.
(2)
A licensee must not permit the possession or use on the licensed premises of any substance that the licensee suspects of being a prohibited plant or a prohibited drug.
Maximum penalty: 50 penalty units. (3)
An employee or agent of a licensee or a person (other than the licensee) in charge of licensed premises must not permit the licensed premises to be used for the sale of:
(a)
any goods that the employee, agent or person suspects of being stolen, or
(b)
any substance that the employee, agent or person suspects of being a prohibited plant or a prohibited drug.
Maximum penalty: 50 penalty units. (4)
An employee or agent of a licensee or a person (other than the licensee) in charge of licensed premises must not permit the possession or use on the licensed premises of any substance that the employee, agent or person suspects of being a prohibited plant or a prohibited drug.
Maximum penalty: 50 penalty units.
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(5) It is a defence to a prosecution for an offence under this section if it is proved that the goods concerned were not stolen or that the substance concerned was not a prohibited plant or a prohibited drug. 75 Directions to licensees and staff of licensed premises
(1)
The Authority may give a licensee, or any employee or agent of a licensee, a written direction concerning any matter relating to the licensed premises (including any conduct on the licensed premises).
(2)
The direction takes effect when the direction is given to the licensee or person concerned or on a later date specified in the direction.
(3)
A licensee, employee or agent who, without reasonable excuse, fails to comply with a direction under this section is guilty of an offence.
Maximum penalty: 50 penalty units.
(4)
The power conferred by this section includes a power to give a direction to adopt, vary, cease or refrain from any practice on or in respect of the licensed premises.
(5) The Authority may revoke or vary a direction given under this
section.(6) A direction under this section must not be inconsistent with this
Act and the authorisation conferred by the licence concerned.
Division 2 Exclusion of persons from licensed premises
76 Self-exclusion of patrons from licensed premises
(1)
A person (the participant) may request a licensee to enter into an agreement (a self-exclusion agreement) with the person under which the person agrees to be prevented from entering or remaining on the licensed premises specified in the agreement.
(2)
A self-exclusion agreement is to be in the form approved by the Authority. The approved form may contain specified requirements that must be complied with in relation to such an agreement, including specifying the circumstances in which licensees are required to comply with a request to enter into an agreement. The approved form may also include provision for the manner in which a self-exclusion agreement may be terminated by the parties to the agreement.
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(3) If a request is made by a person to enter into a self-exclusion agreement, the licensee must enter into the agreement if the circumstances in which the request is made comply with the circumstances specified in the form approved by the Authority. (4) A self-exclusion agreement may, if the licensee who enters into the agreement is a party to a local liquor accord, also apply in relation to any or all of the other licensed premises that are subject to the accord, but only if those other premises are specified in the agreement. In any such case, the licensee of each of the premises is taken to have entered into the agreement concerned. (5) Each of the parties to a self-exclusion agreement is required to
comply with the terms of the agreement.(6) It is lawful for a responsible person for licensed premises specified in a self-exclusion agreement, using no more force than is reasonable in the circumstances:
(a) to prevent the participant from entering the licensed premises, and (b) to remove the participant, or cause the participant to be removed, from the licensed premises. (7) No civil or criminal liability is incurred by a responsible person for licensed premises to which a self-exclusion agreement relates:
(a) for any act done or omitted to be done in good faith, and in accordance with this section, to or in respect of the participant concerned, or (b) if the participant enters or remains on the licensed premises to which the agreement relates. 77 Non-voluntary exclusion of persons from licensed premises
(1) In this section:
authorised person means a licensee, an employee or agent of a
licensee or a police officer.
vicinity of licensed premises means any place less than 50 metres
from any point on the boundary of the premises.(2) An authorised person may refuse to admit to, or may turn out of,
licensed premises any person:
(a)
who is at the time intoxicated, violent, quarrelsome or disorderly, or
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(b)
whose presence on the licensed premises renders the licensee liable to a penalty under this Act, or
(c)
who smokes, within the meaning of the Smoke-free Environment Act 2000, while on any part of the licensed premises that is a smoke-free area within the meaning of that Act, or
(d)
who uses, or has in his or her possession, while on the premises any substance that the authorised person suspects of being a prohibited plant or a prohibited drug, or
(e)
whom the authorised person, under the conditions of the licence or according to a term (of the kind referred to in section 134) of a local liquor accord, is authorised or required to refuse access to the licensed premises.
(3)
If, under subsection (2), a person has been refused admission to, or has been turned out of, licensed premises, an authorised person may, at any time, refuse to admit that person to the licensed premises or may turn the person out of the licensed premises.
(4)
If a person in respect of whom an authorised person is, under subsection (2) or (3), entitled to refuse admission to the licensed premises is on the premises, the person must, on being required so to do by an authorised person, leave the premises.
Maximum penalty: 50 penalty units. (5)
For the purposes of this section, such reasonable degree of force as may be necessary may be used to turn a person out of licensed premises.
(6)
A person who has been refused admission to, or turned out of, licensed premises in accordance with this section because the person was intoxicated, violent, quarrelsome or disorderly, must not re-enter or attempt to re-enter the premises within 24 hours of being refused admission or being turned out.
Maximum penalty: 50 penalty units. (7)
After the 24-hour period ends in relation to any such person, an authorised person is not prevented from exercising the powers under subsection (3) in relation to the person.
(8)
A person who has been refused admission to, or turned out of, licensed premises in accordance with this section because the person was intoxicated, violent, quarrelsome or disorderly, must not, without reasonable excuse:
(a) remain in the vicinity of the premises, or
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(b)
re-enter the vicinity of the premises within 6 hours of being refused admission or being turned out.
Maximum penalty: 50 penalty units.
(9) Without limiting subsection (8), a person has a reasonable excuse for remaining in, or re-entering, the vicinity of the licensed premises if:
(a) the person reasonably fears for his or her safety if he or she does not remain in, or re-enter, the vicinity of the premises, or (b) the person needs to remain in, or re-enter, the vicinity of the premises in order to obtain transport, or (c) the person resides in the vicinity of the premises. (10) In the prosecution for an offence under subsection (8), the burden of proving that a person had a reasonable excuse for remaining in, or re-entering, the vicinity of the licensed premises concerned is on the person charged. (11) The functions that may be exercised under this section by an authorised person who is a licensee or employee or agent of a licensee may only be exercised in relation to the licensed premises to which the licensee’s licence relates. (12) A reference in this section to turning a person out of licensed premises includes a reference to causing the person to be turned out. 78 Banning orders
(1)
The Authority may, by order in writing given to a person, prohibit the person from entering or remaining on the licensed premises specified in the order.
(2) An application for an order under this section may be made by:
(a) an inspector, or (b) the Commissioner of Police. (3) The application must be in the form approved by the Authority. (4)
The Authority may make such an order under this section only if the Authority is satisfied that the person the subject of the proposed order has repeatedly been intoxicated, violent, quarrelsome or disorderly on or in the immediate vicinity of licensed premises.
(5) [not applied]
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(6) An order under this section must specify a period (not exceeding
6 months) during which the order is in force.(7)
In deciding whether to make an order under this section, the Authority is not to take into consideration the person’s race or ethnic or national origins.
(8)
A person who is the subject of an order under this section must not enter or attempt to enter, or remain on, the licensed premises to which the order relates.
Maximum penalty: 50 penalty units.
Division 3 Disturbance complaints 79 Making of complaint
(1)
A person may complain to the Authority that the quiet and good order of the neighbourhood of licensed premises are being unduly disturbed because of:
(a)
the manner in which the business of the licensed premises is conducted, or
(b)
the behaviour of persons after they leave the licensed premises (including, but not limited to, the incidence of anti-social behaviour or alcohol-related violence).
(2) Such a complaint must be in writing and be made or verified by
statutory declaration.(3)
A complaint under this section may only be made by any of the following persons (referred to in this Division as the complainant):
(a)
a person authorised in writing by 3 or more persons residing in the neighbourhood of the licensed premises or a person who is such a resident and is authorised in writing by 2 or more other such residents,
(b) the Commissioner of Police, (c)
a person authorised by the local consent authority in relation to the licensed premises,
(d)
a person who satisfies the Authority that his or her interests, financial or other, are adversely affected by the undue disturbance to which the person’s complaint relates.
(4) A complaint may relate to more than one licensed premises.
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80 Authority may convene conference
(1)
If the Authority receives a complaint under this Division, the Authority may convene a conference to hear submissions relating to the complaint.
(2) A conference may relate to more than one complaint. (3)
A conference convened in relation to licensed premises the subject of a complaint may be extended to include any other licensed premises if the Authority is satisfied:
(a)
that the evidence given in support of the complaint would support a complaint against the other licensed premises, or
(b)
that, assuming that the complaint is shown to be justified, action taken in relation to the licensed premises the subject of the complaint will be ineffective unless similar action is taken in relation to the other licensed premises.
(4) Any licensed premises to which a conference is extended as referred to in subsection (3) is, for the purposes of this Division, taken to be the subject of a complaint under this Division. (5) Notice of the time and place of the conference is to be given to all complainants and the licensee or licensees as specified by the Authority. (6) The conference is to be presided over by the Authority and the procedure at the conference is to be determined by the Authority. 81 Decision by Authority in relation to complaint
(1)
The Authority may, after giving each complainant present and the licensee (if present) a reasonable opportunity to be heard in relation to a complaint under this Division:
(a) impose a condition on the licence concerned, or (b)
adjourn the conference subject to implementation and continuation of undertakings given by the licensee, or
(c) issue a warning to the licensee, or (d) take no action. (2)
The conditions that may be imposed on a licence include, but are not limited to, conditions relating to any one or more of the following:
(a) noise abatement, (b)
prohibition of the sale or supply of liquor before 10 am and after 11 pm,
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(c)
prohibition of, or restriction on, activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption),
(d)
restricting the trading hours of, and public access to, the licensed premises,
(e)
requiring the licensee to participate in, and to comply with, a local liquor accord.
(3) The Authority is to take the following matters into consideration
before making a decision under subsection (2):
(a)
the order of occupancy between the licensed premises and the complainant,
(b)
any changes in the licensed premises and the premises occupied by the complainant, including structural changes to the premises,
(c)
any changes in the activities conducted on the licensed premises over a period of time.
(4)
For the purposes of subsection (3), complainant does not include a complainant who is the Commissioner of Police or a person authorised by the local consent authority.
Division 4 Closure orders 82 Short-term closure of licensed premises
(1)
The Authority may, by notice served on a licensee or a person apparently in charge of licensed premises, order the licensee to close the licensed premises from a time specified in the order until a later specified time.
(2) The Authority may only make an order under this section:
(a) on the application of the Commissioner of Police, and (b)
only if the Authority is satisfied that a serious breach of this Act has occurred, or is likely to occur, on the premises and that the closure of the premises is necessary to prevent or reduce a significant threat or risk to the public interest.
(3)
Without limiting the generality of subsection (2), circumstances in which there may be a significant threat or risk to the public interest include circumstances in which there is:
(a) a threat to public health or safety, or (b) a risk of substantial damage to property, or (c) a significant threat to the environment, or
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(d)
a risk of serious offences (having a maximum penalty of not less than 2 years imprisonment) being committed on the premises.
(4) An order may not require the closure of premises for a period
longer than 72 hours.(5) Subject to subsection (4), an order may require the closure of
premises until specified conditions are met.(6) A licensee must not fail to comply with an order made under this
section.
Maximum penalty: 50 penalty units or imprisonment for 6
months, or both.(7) More than one order closing the same premises may not be made
under this section in any period of one week.83 Urgent application for short-term closure order
(1) An application under section 82 may be made by telephone. (2)
The Authority must not issue an order under section 82 on an application made by telephone unless the Authority is satisfied that the order is required urgently and that it is not practicable for the application to be made in person.
(3) An application under this section must be made by facsimile if
the facilities to do so are readily available for that purpose.(4) A member of the Authority who issues an order under section 82
on an application made by telephone must:
(a) complete and sign the order, and (b)
furnish the order to the applicant or inform the applicant of the terms of the order and of the date and time when it was signed.
(5)
If an order under section 82 is issued on an application made by telephone and the applicant is not furnished with the order, the applicant must:
(a)
complete a form of order in the terms indicated by the member of the Authority under subsection (4), and
(b)
write on the form the name of the member of the Authority and the date and time when the order was signed.
(6) A form of order so completed is taken to be an order issued under
section 82.
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(7)
An order under section 82 issued on an application made by telephone is to be furnished by the Authority by transmitting it by facsimile, if the facilities to do so are readily available, and the copy produced by that transmission is taken to be the original document.
(8) In this section:
(a) telephone includes radio, facsimile or other communication device, and
(b) a reference to facsimile includes a reference to any electronic communication device which transmits information in a form from which written material is capable of being reproduced with or without the aid of any other device or article. 84 Order by Authority for long-term closure of licensed premises
(1)
The Authority may, on the application of the Commissioner of Police, order a licensee to close the licensed premises from a time specified in the order until a later specified time.
(2) The Authority may not make an order under this section unless:
(a)
the licensee or manager of the licensed premises is the subject of an investigation by the NSW Police Force, or the licensed premises are the subject of a complaint under Division 3, or disciplinary action under Part 9 has been (or is proposed to be) taken by the Authority against the licensee or manager or a close associate of the licensee, and
(b)
the licensee has been given notice of the application for closure of the licensed premises and has been given a reasonable opportunity to make submissions to the Authority in relation to the application, and
(c)
the Authority is satisfied that a serious breach of this Act has occurred, or is likely to occur, on the licensed premises and that the closure of the premises is necessary to prevent or reduce a significant threat or risk to the public interest.
(3)
Without limiting the generality of subsection (2), circumstances in which there may be a significant threat or risk to the public interest include circumstances in which there is:
(a) a threat to public health or safety, or (b) a risk of substantial damage to property, or (c) a significant threat to the environment, or
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(d)
a risk of serious offences (having a maximum penalty of not less than 2 years imprisonment) being committed on the premises.
(4) An order ceases to have effect at the time specified or when a complaint concerning the licensee or manager of the premises is determined under this Act, whichever is the earlier. (5) An order may not require the closure of premises for a period
longer than 6 months.(6) An order may require the closure of premises until specified
conditions are met.(7) A licensee must comply with an order made under this section.
Maximum penalty: 50 penalty units or imprisonment for 6
months, or both.85 Further long-term closure orders
(1) The Authority may grant 2 or more orders in respect of premises
under section 84.(2) An application for another order may be made, and determined,
before the end of a current order.
Division 5 Late hour entry declarations 87 Authority may make late hour entry declaration
(1) The Authority may, in accordance with this Division, make a late
hour entry declaration.(2)
The purpose of such a declaration is to prevent patrons entering licensed premises during late trading hours even though the premises are authorised to trade during that time.
(3) A late hour entry declaration must be in writing and specify:
(a) the area or locality to which it applies, and (b)
the licensed premises (or class of licensed premises) to which it applies, and
(c) the times when it applies. (4)
A late hour entry declaration has effect despite any other provision of this Act or the conditions of a licence relating to any licensed premises to which the declaration applies.
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88 Effect of late hour entry declaration
(1)
The licensee of any licensed premises to which a late hour entry declaration applies must not permit patrons to enter the licensed premises during the time the declaration applies.
Maximum penalty: 50 penalty units.
(a) the spouse or de facto partner of the licensee, or (b)
a member of the family of the licensee who is of or above the age of 18 years, or
(c) the owner of the licensed premises, or (d)
a person directly or indirectly interested in the business, or the conduct of the business, carried out on the licensed premises,
transfer the licence to that spouse, de facto partner or member of
the family or to some other person approved by the Authority.143 Requirement for legal member of Authority to be present
The Authority cannot determine any complaint made to it under this Part (including any decision to take any disciplinary action) unless a member of the Authority who is or has been a Judge, or who has been an Australian lawyer for at least 7 years, is present at the meeting of the Authority (or the committee of the Authority) at which the complaint is determined or the decision to take the action is made.
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Part 10 Criminal proceedings and related matters 145 Proceedings for offences
Proceedings for an offence under this Act are to be dealt with summarily before the Local Court.
146 Time within which proceedings for offences may be commenced
(1) Except as provided by subsection (2), proceedings for an offence under this Act may be commenced within but not later than 12 months after the date on which the offence is alleged to have been committed. (2) Proceedings for an offence under section 7, 8, 9, 40 (5), 66, 69 or 92 may be commenced within but not later than 3 years after the date on which the offence is alleged to have been committed. 147 Maximum penalties for certain offences
(1)
This section applies to any offence under this Act in respect of which the specified maximum penalty is 100 penalty units or imprisonment for 12 months, or both.
(2)
In convicting a person for an offence to which this section applies, the court may not impose a monetary penalty of more than 50 penalty units, or sentence the person to a term of imprisonment for more than 6 months, or both, unless the court is satisfied that the higher penalty is warranted.
(3)
Without limiting the matters that the court may take into consideration in deciding whether such a higher penalty is warranted, the court may take into consideration:
(a) the seriousness of the offence, or (b) the number of occasions on which the offender has committed an offence under this Act or the Liquor Act 1982. 149 Licensees and managers liable for act of employees etc
If, in contravention of this Act:
(a) an employee or agent of a licensee, or (b)
an employee or agent of the manager of licensed premises, or
(c)
a person acting, or purporting to act, on behalf of a licensee or the manager of licensed premises,
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sells or supplies liquor on the licensed premises, the licensee or manager (as the case requires) is guilty of an offence and liable to the punishment specified for the contravention.
150 Penalty notices
(1) In this section:
authorised officer means a police officer or an inspector.(2)
An authorised officer may serve a penalty notice on a person (including a licensee) if it appears to the officer that the person has committed an offence under this Act and the offence is one that is stated by the regulations under the Casino Control Act 1992 to be an offence to which this section applies.
(3)
A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay within a time and to a person specified in the notice the amount of penalty prescribed by the regulations under the Casino Control Act 1992 for the offence if dealt with under this section.
(4) A penalty notice may be served personally or by post. (5)
If the amount of penalty prescribed for the purposes of this section for an alleged offence is paid under this section, no person is liable to any further proceedings or action in relation to the alleged offence, except the taking of disciplinary action under Part 9.
(6)
Payment under this section is not to be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil proceeding arising out of the same occurrence.
(7)
However, if a penalty is paid under this section in respect of a penalty notice served on a person, the person is, for the purposes of Part 9, taken to have been convicted of the offence to which the penalty notice related.
(8) The regulations under the Casino Control Act 1992 may:
(a)
prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and
(b)
prescribe the amount of penalty payable for the offence if dealt with under this section, and
(c)
prescribe different amounts of penalties for different offences or classes of offences.
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(9) The amount of a penalty prescribed under this section for an offence must not exceed the maximum amount of penalty which could be imposed for the offence by a court. (10) This section does not limit the operation of any other provision of, or made under, this or any other Act or law relating to proceedings that may be taken in respect of offences. 151 Forfeiture and seizure of liquor and other things
(1)
If a person is found guilty of an offence under section 7, any liquor that was, at the time of the commission of the offence, in the person’s possession or apparently under the person’s control is forfeited to the Crown.
(2)
If the holder of a producer/wholesaler licence, or an employee or agent of such a licensee, is found guilty of an offence under section 9 (1) (b) of selling liquor that is not authorised to be sold under the licence, any liquor (other than liquor the licensee is authorised to sell under the licence) that was, at the time of the commission of the offence, in the licensee’s possession or apparently under the licensee’s control is forfeited to the Crown.
(3) If a person is found guilty of an offence under section 113:
(a) any liquor to which the offence relates, and (b)
any vehicle, boat or other thing in which the liquor was being carried, offered or exposed,
is forfeited to the Crown.
(4) If a licence is cancelled under this Act, any liquor found, not earlier than 7 days after the cancellation takes effect, in the former licensee’s possession on the former licensed premises is forfeited to the Crown. (5) A police officer or inspector may seize and carry away anything that the officer or inspector reasonably suspects may be liable to forfeiture under this section. (6) For the purposes of this section, liquor includes any bottle or
other container in which the liquor is contained.152 Evidentiary provisions
(1)
In any proceedings for an offence under this Act, any one or more of the following allegations (however expressed) is evidence of the truth of the allegation unless the contrary is proved:
(a)
that a specified person was or was not the holder of a licence at a specified time or during a specified period,
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(b)
that a specified licence was or was not subject to a specified condition at a specified time or during a specified period,
(c) [not applied] (d)
that a specified licence was or was not endorsed with a specified endorsement at a specified time or during a specified period,
(e)–(g) [not applied] (h) that a specified licence was or was not suspended or cancelled at a specified time or during a specified period, (i) that specified premises were or were not licensed premises at a specified time or during a specified period,
(j)
that a specified part of premises was or was not a bar area at a specified time or during a specified period,
(k)
that specified hours were or were not the trading hours of specified licensed premises at a specified time or during a specified period,
(l)
that specified premises were subject to a closure order under this Act at a specified time or during a specified period,
(m)
that a minors area authorisation under section 121 was or was not in force at a specified time or during a specified period,
(n)
that a specified person has or has not been approved by the Authority as a person who may be appointed as the manager of licensed premises,
(o)
that a specified person is or was, at a specified time or during a specified period, the Director,
(p)
that a specified person is or was, at a specified time or during a specified period, a delegate of the Commissioner of Police, or of the Authority, to whom a specified function has been delegated under this Act or the Casino, Liquor and Gaming Control Authority Act 2007,
(q)
that a specified person is or was, at a specified time or during a specified period, an inspector,
(r) that a liquid or other substance is liquor. (2)
In any proceedings for an offence under this Act, an allegation that, at a specified time, a person was under the age of 18 years is evidence of the truth of the allegation unless the defendant denies the allegation in accordance with subsection (3).
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(3) An allegation referred to in subsection (2) may be denied:
(a)
at any adjournment before the commencement of the hearing of the information—by informing the court, the informant or a person appearing for the informant in writing of the denial, or
(b)
at any time not later than 14 days before the commencement of the hearing of the information—by informing the informant or a person appearing for the informant in writing of the denial.
(4) In any proceedings for an offence under this Act, evidence of
delivery or supply of liquor is evidence of a sale of the liquor.(5)
In any proceedings for an offence under section 9 (2), liquor is taken to have been sold or consumed on the licensed premises to which the proceedings relate regardless of whether the licensee took or carried, or caused another person to take or carry, the liquor out of the licensed premises for the purpose of being sold or consumed at another place occupied by the licensee or in a public place.
Part 11 Miscellaneous provisions
155 Procedure for dealing with matters under Act to be informal
(1)
A formal hearing involving the legal representation of parties is not required to be held in relation to any application or other matter (including the taking of disciplinary action under Part 9) that may be dealt with or decided by the Authority under this Act.
(2) However, subsection (1) does not prevent the Authority, in such
cases as the Authority considers appropriate:
(a)
from conducting an interview or convening a conference or meeting, or
(b) from receiving submissions, in relation to any application or other matter that may be dealt
with or decided by the Authority under this Act.
(3) Any such conference or meeting is to be presided over by the Authority and the procedure at the conference or meeting is to be determined by the Authority. 157 Delegation by Commissioner of Police
(1)
The Commissioner of Police may delegate to a person any function conferred or imposed on the Commissioner of Police by or under this Act, other than this power of delegation.
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Note. The power of the Authority to delegate its functions under this Act is contained in the Casino, Liquor and Gaming Control Authority Act 2007.
(2) A person to whom a function has been delegated by the Commissioner of Police may delegate the function to another person, subject to any conditions to which the delegation by the Commissioner is subject. 158 Crown not liable for any compensation
(1) Damages or compensation are not payable by or on behalf of the
Crown because of:
(a)
the enactment or operation of this Act, or for the consequences of that enactment or operation, or
(b)
a representation or conduct of any kind about any restrictions or limitations on the sale or supply of liquor on any premises or kind of premises.
(2) In subsection (1), the Crown means the Crown within the meaning of the Crown Proceedings Act 1988, and includes any employee or agent of the Crown. 160 Savings and transitional provisions
Schedule 1 has effect.
Schedule 1 Savings and transitional provisions
(Section 160)
2 Definitions
In this Schedule:
existing licence means a licence granted under the former Act (as
applied under clause 35 of the Casino Control Regulation 2001)
and in force immediately before 1 July 2008.
former Act means the Liquor Act 1982.
former Board means the Liquor Administration Board
constituted by section 72 of the former Act.proof of age card means:
(a) an existing RTA proof of age card, or (b)
a document issued by a public authority of the Commonwealth, or of another State or Territory, for the purpose of attesting to a person’s identity and age.
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3 Existing licences
(1) An existing licence is taken to be a licence in force under this Act. (2) Any such existing licence may be dealt with under, and is
otherwise subject to, the provisions of this Act.(3) Subject to the regulations under the Casino Control Act 1992, an existing licence is subject to the conditions or restrictions to which the licence was subject under the former Act. 17 Phasing-out of existing RTA proof of age cards
An existing RTA proof of age card ceases to be valid for any purpose on 14 December 2008 (being the date that is 3 years after the commencement of Schedule 2.3 [1] to the Photo Card Act 2005).
18 Manufacturing false proof of age cards
(1)
A person must not make a false document that could reasonably be taken to be a proof of age card with the intent that the document be used by any person as a proof of age card for the purposes of this Act.
Maximum penalty: 30 penalty units.
(2)
A person (the offender) must not give to another person a false document that could reasonably be taken to be a proof of age card with the intent that the document be used by any person as a proof of age card for the purposes of this Act if the offender knows or could reasonably be expected to know that the document is false. Maximum penalty: 30 penalty units.
(3)
A person is guilty of an offence under this subclause if the person commits an offence under subclause (1) or (2) in circumstances of aggravation.
Maximum penalty: 50 penalty units. (4) For the purposes of this clause, a person commits an offence in
circumstances of aggravation if:
(a) the offence involved a high degree of planning, or (b)
the offence involved the use of other people acting at the direction of the person convicted of the offence in the commission of the offence, or
(c)
the person committed the offence solely or principally for financial reward, or
(d)
the offender has a previous conviction for an offence under this clause or under section 117EB of the former Act.
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19 Giving or lending proof of age cards
A person must not give or lend the person’s proof of age card to another person, if the person giving or lending the card knows or could reasonably be expected to know that the card may be used:
(a)
as a proof of age card for the purposes of this Act by the person to whom the card was given or lent, or by any other person, or
(b)
to obtain a proof of age card for the person to whom the card was given or lent, or any other person, for the purposes of this Act.
Maximum penalty: 30 penalty units.
20 Tampering with proof of age cards
A person must not for an improper purpose wilfully or negligently alter, deface, or otherwise interfere with a proof of age card or with any of the material particulars contained on the card.
Maximum penalty: 30 penalty units.
21 Confiscation of existing RTA proof of age cards
(1)
An authorised person to whom an existing RTA proof of age card, or thing resembling such an existing RTA proof of age card, is produced by a person representing it to be the person’s proof of age card (whether as proof of age or of identity) may, with no authority other than this clause, seize the card or thing if the authorised person reasonably suspects that the card or thing:
(a) is not the person’s proof of age card or contains information that is false or misleading as to that person’s name or age, or (b) has been forged or fraudulently altered, or (c) is being used in contravention of any provision of this Act. A card or thing seized under this clause is to be forwarded to the Commissioner of Police. The Commissioner must cause the card or thing to be returned (by delivery or by post) to the person who produced it unless subclause (3) applies.
(2)
(3)
The Commissioner of Police may retain possession of and deal with a proof of age card or thing forwarded to the Commissioner in such manner as the Commissioner thinks fit if satisfied that the card or thing:
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(a)
is not the proof of age card of the person from whom it was seized or contains information that is false or misleading as to that person’s name or age, or
(b) has been forged or fraudulently altered, or (c) is being used in contravention of any provision of this Act. (4) Each of the following is an authorised person for the purposes of
this clause:
(a) any police officer, (b) the Authority, an inspector, the licensee and any employee of the licensee on the licensed premises concerned, but only on those licensed premises or in a place in the immediate vicinity of those licensed premises. 26 General savings provision
(1) Subject to this Act and the regulations under the Casino Control Act 1992, anything done under or for the purposes of a provision of the former Act (as applied by clause 35 of the Casino Control Regulation 2001) is, to the extent that the thing has effect immediately before 1 July 2008, taken to have been done under or for the purposes of the corresponding provision of this Act. (2) Without limiting subclause (1) or clause 3, any approval, authority or appointment in force under a provision of the former Act immediately before 1 July 2008 is taken to be an approval, authority or appointment in force under the corresponding provision of this Act.
[14] Schedule 7 Persons and bodies prescribed for purposes of section 148 (2) of Act
Omit the Schedule.
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[15] Schedule 8 Penalty notice offences
Omit the Schedule. Insert instead:
Schedule 8 Penalty notice offences
(Clause 41)
Part 1
Column 1 Column 2 Provision of the Act Penalty Section 72A (1) $1,100 Section 84 (1) $550 Section 85 (2) $220 Section 86 (2) or (3) $220 Section 87 (1) $660 Section 87 (1A) $220 Section 87 (2) or (3) $550 Section 97 $110 Part 2 Column 1 Column 2 Provision of this Regulation Penalty Clause 23 $550 Clause 24 (1) $550 Clause 26 (1) $550 Clause 27 (2) $550 Clause 28 (2) $550 Clause 29 (1) $550 Clause 30 (1) $550 Clause 31 $550 Clause 32 (1) $550 Clause 32AA $550
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Column 1 Column 2 Provision of this Regulation Penalty Clause 32B (2) or (3) $660 Clause 33 $550 Clause 33A $660 Clause 34 (1) $550 Clause 34A (5) $550 Clause 34C $550 Clause 34D $110 Clause 34E (1) $550 Clause 34E (2) $110 Clause 35C (4) $550 Part 3 Column 1 Column 2 Provision of the Liquor Act 2007 (as applied by this Penalty Regulation and modified as set out in Schedule 6) Section 7 (1) $1,100 Section 8 (1) $1,100 Section 8 (2) $55 Section 9 $1,100 Section 11 (2) $1,100 Section 40 (5) $220 Section 66 $550 Section 69 (1) $550 Section 73 (1) or (2) $1,100 Section 73 (3) $550 Section 74 (1)–(4) $550 Section 75 (3) $1,100 Section 77 (4), (6) or (8) $550 Section 78 (8) $550
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Column 1 Column 2 Provision of the Liquor Act 2007 (as applied by this Penalty Regulation and modified as set out in Schedule 6) Section 82 (6) $2,200 Section 84 (7) $2,200 Section 88 (1) $550 Section 92 (1) or (2) $550 Section 95 (1), (2) or (4) $55 Section 97 (5) $220 Section 100 (1) $550 Section 101 (7) $550 Section 102 (3) $550 Section 107 (1) $55 Section 111 (1) $110 Section 112 $110 Section 113 (1) $220 Section 117 (1), (2), (4), (6) or (8) $1,100 Section 118 (1) $220 Section 118 (2) $1,100 Section 119 (1) $550 Section 120 (1) $330 Section 121 (5) $220 Section 123 (1) or (3A) $220 Section 124 (1) or (2) $1,100 Section 125 (1) $330 Section 126 $550 Section 127 (1), (3), (4) or (5) $220 Section 128 (2) $220 Section 129 $220 Section 138 (5) $1,100 Schedule 1, clause 18 (1) or (2) $330 Schedule 1, clause 18 (3) $550
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Column 1 Column 2 Provision of the Liquor Act 2007 (as applied by this Penalty Regulation and modified as set out in Schedule 6) Schedule 1, clause 19 $330 Schedule 1, clause 20 $330
BY AUTHORITY
0
0
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