Gaming and Liquor Administration Regulation 2016 (NSW)

1Name of Regulation

This Regulation is the Gaming and Liquor Administration Regulation 2016.

2Commencement

This Regulation commences on 1 September 2016.

Note—

This Regulation replaces the Gaming and Liquor Administration Regulation 2008 which is repealed on 1 September 2016 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definition(1)

In this Regulation—

the Act means the Gaming and Liquor Administration Act 2007.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

Notes included in this Regulation do not form part of this Regulation.

4Divulging of information

For the purposes of section 17 (2) (b) of the Act, the persons and bodies listed in Schedule 1 are prescribed.

5Application for review by Authority of certain decisions(1)

An application to the Authority under section 36A (2) of the Act for a review of a decision must—

• (a)

  be made within 28 days of the day on which—

  • (i)

    in the case of a decision of the Secretary—the decision was made, or

  • (ii)

    in any other case—notice of the decision was published on the website of the Department, and

• (b)

  specify the grounds on which the application for review is made, and

• (c)

  be accompanied by a copy of the decision (if the decision was provided in writing to the person making the application), and

• (d)

  be accompanied by—

  • (i)

    in the case of an application for review of a delegated decision (as referred to in paragraph (d) of the definition of reviewable decision in section 36A (1) of the Act) where the person lodging the application is the applicant under a provision of the Liquor Act 2007—a fee of an amount equivalent to the fee specified in the regulations made under that Act that relates to the application the subject of the reviewable decision, or

  • (ii)

    in the case of an application for review of any such delegated decision where the person lodging the application for review is a person other than the applicant under a provision of the Liquor Act 2007—a fee of $100, or

  • (iii)

    in any other case—a fee of $500.

(2)

The applicant for review must provide the person who made the relevant decision with a copy of the application as soon as practicable after making the application to the Authority.

6Decisions of designated Public Service employee made under delegation

For the purposes of paragraph (d) of the definition of reviewable decision in section 36A (1) of the Act, the following classes of applications made under a provision of the gaming and liquor legislation on or after 1 February 2016 are prescribed—

• (a)

  an application under the Liquor Act 2007 for the granting or removal of—

  • (i)

    a small bar licence, or

  • (ii)

    an on-premises licence relating to a restaurant that, in the case of an application for the granting of the licence, includes an application for an authorisation under section 24 (3) of the Liquor Act 2007, or

  • (iii)

    an on-premises licence relating to a karaoke bar, a catering service or a vessel, or

  • (iv)

    a producer/wholesaler licence that, in the case of an application for the granting of the licence, includes an application for a drink on-premises authorisation under section 50 of the Liquor Act 2007, or

  • (v)

    a packaged liquor licence that is limited to the sale of liquor only by means of taking orders over the telephone, by facsimile or mail order, or through an internet site,

• (b)

  an application for an ongoing extended trading authorisation in relation to a licence referred to in paragraph (a) that would result in increased trading hours allowing trading after midnight.

7Administratively reviewable decisions

For the purposes of section 13A of the Act, the following applications made on or after 1 March 2016 are prescribed—

• (a)

  an application for the granting or removal under the Liquor Act 2007 of—

  • (i)

    a hotel licence, or

  • (ii)

    a club licence, or

  • (iii)

    an on-premises licence that relates to a public entertainment venue (other than a cinema or a theatre), or

  • (iv)

    a packaged liquor licence (other than a packaged liquor licence that is limited to the sale of liquor only by means of taking orders over the telephone, by facsimile or mail order, or through an internet site),

• (b)

  an application for an ongoing extended trading authorisation in relation to a licence referred to in paragraph (a) that would result in trading after midnight,

• (c)

  an application to vary or revoke a condition of a licence imposed by the Authority that would result in trading after midnight, in relation to a licence referred to in paragraph (a) (i)–(iii),

• (d)

  an application to increase a gaming machine threshold under section 34 of the Gaming Machines Act 2001 that is required to be accompanied by a class 2 LIA under section 35 of that Act,

• (e)

  an application specified in clause 6 in respect of which a delegation given by the Authority to a designated Public Service employee to exercise the Authority’s decision-making function is in force.

cl 7: Am 2019 (123), cl 3 (disallowed, Legislative Council, 26.9.2019).

8Certain decisions required to be published

For the purposes of section 36C (1) of the Act, the following decisions are prescribed—

• (a)

  a decision by the Authority under section 36A of the Act in relation to a reviewable decision within the meaning of that section,

• (b)

  a decision by the Secretary under section 81 of the Liquor Act 2007,

• (c)

  a decision by the Authority under section 82 or 84 of the Liquor Act 2007,

• (d)

  a decision by the Authority under section 141 of the Liquor Act 2007,

• (e)–(g)

  (Repealed)

• (h)

  a decision by the Authority under section 154 of the Liquor Act 2007,

• (i)

  any decision by the Authority under the Liquor Act 2007 relating to the granting of a licence, authorisation or approval to which the full notification application, within the meaning of the regulations made under that Act, relates,

• (j)

  a decision by the Authority made in respect of an application specified in clause 6,

• (k)

  a decision of the Authority made by a designated Public Service employee acting under a delegation given by the Authority in respect of an application specified in clause 6,

• (l)

  a decision by the Authority made in respect of an application specified in clause 7 (c)–(e).

cl 8: Am 2017 (550), cl 3; 2021 (594), Sch 1; 2023 No 53, Sch 4.3.

9Penalty notices

For the purposes of section 46 of the Act, an offence under section 34 (1) or (4) of the Act is prescribed as an offence for which a penalty notice may be issued and the prescribed penalty for any such offence is $1,100.

Schedule 1Persons and bodies to whom information may be divulged

(Clause 4)

1New South Wales

Secretary of the Department of Customer Service

Chief Executive Officer of Hospitality and Racing, Department of Enterprise, Investment and Trade

A person employed in the Department of Enterprise, Investment and Trade

A local council or another person or body exercising functions as a consent authority under the Environmental Planning and Assessment Act 1979

2Other Australian jurisdictions

Queensland Office of Liquor and Gaming Regulation

Victorian Commission for Gambling and Liquor Regulation

Gaming and Wagering Commission of Western Australia

Western Australian Department of Racing, Gaming and Liquor

South Australian Independent Gambling Authority

South Australian Consumer and Business Services

Tasmanian Liquor and Gaming Commission

Tasmanian Department of Treasury and Finance (Liquor and Gaming Branch)

Northern Territory Department of Business

Australian Capital Territory Gambling and Racing Commission

Australian Transaction Reports and Analysis Centre (AUSTRAC)

3New Zealand

Gambling Commission

Department of Internal Affairs

4Great Britain

Gambling Commission

5United States of America

Nevada Gaming Commission

Nevada Gaming Control Board

New Jersey Casino Control Commission

New Jersey Department of Law and Public Safety (Division of Gaming Enforcement)

Oregon State Police (Gaming Division)

6Canada

Alcohol and Gaming Commission of Ontario

Alberta Gaming and Liquor Commission

Liquor and Gaming Authority of Manitoba

Saskatchewan Liquor and Gaming Authority

7Singapore

Ministry of Home Affairs

Casino Regulatory Authority

sch 1: Am 2020 No 30, Sch 3.14; 2022 No 59, Sch 3.27[1] [2].

Historical notesTable of amending instruments

Gaming and Liquor Administration Regulation 2016 (495). LW 12.8.2016. Date of commencement, 1.9.2016, cl 2. This Regulation has been amended as follows—

2017	(550)	Gaming and Liquor Administration Amendment (Publication of Decisions) Regulation 2017. LW 29.9.2017. Date of commencement, 1.10.2017, cl 2.
2019	(123)	Gaming and Liquor Administration Amendment (Music Festivals) Regulation 2019. LW 28.2.2019 (disallowed, Legislative Council, 26.9.2019). Date of commencement, on publication on LW, cl 2.
2020	No 30	Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of Sch 3, assent, sec 2(1).
2021	(594)	Liquor and Gaming Legislation Amendment Regulation 2021. LW 8.10.2021. Date of commencement, on publication on LW, sec 2.
2022	No 59	Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2.
2023	No 53	24-Hour Economy Commissioner Act 2023. Assented to 12.12.2023. Date of commencement of Sch 4.3, 1.7.2024, sec 2(a)(iii) and 2024 (211) LW 21.6.2024.

Table of amendments

Cl 7	Am 2019 (123), cl 3 (disallowed, Legislative Council, 26.9.2019).
Cl 8	Am 2017 (550), cl 3; 2021 (594), Sch 1; 2023 No 53, Sch 4.3.
Sch 1	Am 2020 No 30, Sch 3.14; 2022 No 59, Sch 3.27[1] [2].