Liquor Act 1982 Liquor Amendment (Authorisation Fees) Regulation 2001 (2001-860) [GG No 163 of 26.10.2001, p 8885] (NSW)

Case

2001 No 860

Liquor Amendment (Authorisation New South Wales

Fees) Regulation 2001

under the

Liquor Act 1982

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Liquor Act 1982.

J. RICHARD FACE, M.P.,

Minister for Gaming and Racing

Explanatory note

By the operation of section 155B of the Liquor Act 1982 and clause 40A of the Liquor Regulation 1996, certain functions of the Liquor Administration Board relating to approved gaming devices are to be delegated to the CMS licensee (being TAB Limited) on a specified date to be declared by the Minister for Gaming and Racing.

Section 161 (9) (in conjunction with section 182A) of the Liquor Act 1982 provides that a fee is payable, in an amount and in a manner determined by the regulations, whenever a condition authorising the keeping of one or more approved gaming devices is imposed or varied by any person exercising such delegated functions.

The object of this Regulation is to amend the Liquor Regulation 1996 to provide
that:

(a)

the delegation of functions to the CMS licensee under section 155B and clause 40A is to take effect immediately, and

(b)

the fee payable in respect of the imposition or variation by the CMS licensee of a condition authorising the keeping of one or more approved gaming devices is:

Published in Gazette No 163 of 26 October 2001, page 8885 Page 1
[4]
2001 No 860
Liquor Amendment (Authorisation Fees) Regulation 2001
Explanatory note

(i)     $50 per approved gaming device to which the imposition or variation of the condition relates is payable, or

(ii)   if the CMS licensee and the hotelier concerned have entered into an arrangement regarding the payment of fees under section 161 (9) of the Liquor Act 1982—the fee as provided for in accordance with that arrangement.

This Regulation is made under the Liquor Act 1982, including sections 155B, 156
(the general regulation-making power), 161 (9) and 182A.

2001 No 860

Liquor Amendment (Authorisation Fees) Regulation 2001 Clause 1
Liquor Amendment (Authorisation Fees)
Regulation 2001
  1. Name of Regulation

    This Regulation is the Liquor Amendment (Authorisation Fees)
    Regulation 2001.

  2. Amendment of Liquor Regulation 1996

    The Liquor Regulation 1996 is amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

2001 No 860

Liquor Amendment (Authorisation Fees) Regulation 2001

Schedule 1 Amendments
Schedule 1 Amendments

(Clause 2)

  1. Clause 40A Transfer of Board’s functions to CMS licensee: section 155B

    Omit clause 40A (1).

  2. Clause 40A (3A)

    Insert after clause 40A (3):

(3A)

In accordance with section 161 (9) of the Act, the fee payable in respect of the imposition or variation by the CMS licensee of a condition authorising the keeping of one or more approved gaming devices is:

(a)

$50 per approved gaming device to which the imposition or variation of the condition relates, or

(b)

if the CMS licensee and the hotelier concerned have entered into an arrangement regarding the payment of the fees under that subsection—the fee as provided for in accordance with that arrangement.

BY AUTHORITY

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