Liquor Act Amendment Act 1972 (WA)
WESTERN AUSTRALIA.
LIQUOR.
No. 76 of 1972.
AN ACT to amend the Liquor Act, 1970.
[Assented to 20th November, 1972.]
BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
Short title
| 1. (1) This Act may be cited as the Liquor Act | and citation. |
Amendment Act, 1972.
(2)
In this Act the Liquor Act, 1970 is referred to as the principal Act.
(3)
The principal Act as amended by this Act may be cited as the Liquor Act, 1970-1972.
| No. 76.] | Liquor. | [1972. |
Commence-
The provisions of this Act shall come into
operation on such date or such dates as is or are,
respectively fixed by proclamation.
| ment. | 2. |
| 8.6 | 3. | Section 6 of the principal Act is amended |
| amended. |
| (a) | by adding after the expression "1921" in line four of paragraph (e), the passage ", or the sale, by auction, of liquor at a bazaar or sale of gifts where the whole of the proceeds are devoted for charitable, educational or religious purposes"; and |
| (b) | by deleting the words "ordinary trading hours" in line two of subparagraph (iii) of paragraph (h) and substituting the passage "the hours of half-past eight in the morn- ing and half-past eight in the evening on a week day other than Anzac Day;" |
| (c) | by adding after paragraph (h) the follow- ing paragraphs |
(ha) the consumption, on a vineyard or orchard referred to in paragraph (h) of this section, by a prospective purchaser of wine manufactured thereon, of wine so manufactured which is supplied to him without charge as a sample of wine so manufactured;
(hb) the supply of wine by the occupier of a vineyard or orchard as a sample in accordance with paragraph (ha) of this section; or .
8.7
| amended. | 4. Section 7 of the principal Act is amended |
| (a) | by adding after the interpretation "Court" in subsection (1), the following interpre- tation |
"dining room" means
(a) any separate room; or
| 19721 | Liquor. | [No. 76. |
| (b) | any part of a separate room, which part is clearly distinct and not used for the same purpose as the remainder of the separate room, |
used solely or principally for the
supplying and consumption of meals;
| (b) | by adding after the word "food" in line three of the interpretation "meal" in subsection (1), the passage "which is, in either case,"; |
| (c) | by adding after the word "table" in line five of the interpretation "meal" in subsection (1), the words "in a dining room of the premises or other area of the premises designated as a dining room by the Court"; |
| (d) | by deleting paragraph (a) of the interpre- tation "ordinary trading hours" in subsec- tion (1) and substituting the following paragraph |
| (a) | on Anzac Day, where it falls on a weekday, the period between the hours of half-past twelve in the afternoon and ten in the evening or, in relation to an hotel licence authorising the sale and supply of liquor until eleven in the evening on a weekday, half-past twelve and eleven in the evening; ; |
| (e) | by deleting the words "one in the after- noon" in line four of the interpretation "weekday" in subsection (1) and sub- stituting the words "half-past twelve in the afternoon"; |
| (f) | by adding after subsection (1) the following subsections |
(la) Subject to subsection (lb) of this section but notwithstanding any other provision of this Act relating to the hours during which liquor may be sold or
| No. 76.] | Liquor. | [1972. |
supplied, where under this Act a licensee is authorised to sell and supply liquor between certain hours on a Sunday
| (a) | the licensee is authorised to sell and supply liquor on any Anzac Day which falls on a Sunday between such of those hours only as are after half-past twelve in the afternoon on that day; and |
| (b) | the licensee is not authorised to sell and supply liquor between those hours on any Christmas Day which falls on a Sunday except where by this Act he is expressly authorised to so sell and supply on Christmas Day. |
(lb) Nothing in paragraph (a) of subsection (la) of this section applies so as to restrict the authority of a licensee to sell and supply liquor in any case where the licensee is by this Act author- ised to sell and supply liquor during a continuous period of hours which com- mences on the day prior to, and ends on, a Sunday. ;
| (g) | by adding after the passage "service," in line three of subsection (2), the passage "not being a meal,"; and |
| (h) | by adding after subsection (2) the following subsection |
(2a) Where a licensee supplies a meal to a person during any particular period of hours between which he is authorised, under this Act, to sell and supply liquor with or ancillary to a meal, any liquor sold and supplied to the person by the licensee
| (a) | within one hour immediately preceding the supply of the meal; or |
| 1972.] | Liquor. | [No. 76. |
(b) during or after the supply of the meal but within that particular Period of hours,
shall be deemed for the purposes of this Act to have been supplied with or ancil- lary to that meal. .
| 5. | Section 11 of the principal Act is amended by | S. 11 |
| amended. |
adding after subsection (1) the following sub-
section
(la) Without limiting the generality of sub- section (1) of this section, the Court may, in accordance with the rules, impose, or vary or revoke conditions under which any licence is granted or renewed or any permit is issued or renewed, so as to have effect during the currency of the licence or permit.
6. Subsection (1) of section 15 of the principal 8aded.
Act is amended by adding immediately before the word "Court" in line six, the words "the Supreme".
S.23
| Subsection (1) of section 23 of the principal Act is amended by adding after paragraph (1) the following paragraph | amended. |
7.
(la) a vigneron's licence; .
Section 23A
| 8. The principal Act is amended by adding after | added. |
section 23 the following section-
| 23A. (1) Subject to subsection (3) of this | Provisions |
| Special |
| section, where | for New |
| Year's Eve. |
| (a) | the thirty-first day of December in a year falls on a Sunday; and |
| (b) | the holder of a hotel licence, a tavern licence, a limited hotel licence, a wine- house licence, a restaurant licence or a club licence is authorised, apart from |
| No. 76.] | Liquor. | [1972. |
this section, to sell and supply liquor during a continuous period of hours which commences after noon on that day and ends prior to midnight on that day,
the licensee is authorised by virtue of this section to sell and supply liquor from the expiration of that period of hours on that day until half-past twelve in the morning of the following day, if he has not later than the fifteenth day of December in that year given notice in writing to the clerk and the Commis- sioner of Police that he intends to sell and supply liquor under the authority of this section.
Subject to subsection (3) of this section where the thirty-first day of December in a year falls on a day other than a Sunday the holder of a hotel licence, a tavern licence, a limited hotel licence, a wine house licence, a restaurant licence or a club licence is authorised by virtue of this section to sell and supply liquor from the expiration of ordinary trading hours on that day until half past twelve in the morning of the following day if he has not later than the fifteenth day of December, in that year given notice in writing to the clerk and the Commis- sioner of Police that he intends to sell and supply liquor under the authority of this section.
(2)
(3) Nothing in this section authorises
| (a) | the holder of any licence to sell and supply liquor other than in accord- ance with the same terms, conditions, restrictions and limitations as are ordinarily applicable under this Act to the sale and supply of liquor by him; |
| (b) | the sale and supply of liquor for con- sumption off the licensed premises. |
| 1972.] | Liquor. | [No. 76. |
3.28
| 9. Section 28 of the principal Act is amended by | amended. |
deleting paragraph (b) and substituting the
following paragraphs
| (b) | to persons who carry on business in, or are ordinarily employed in, the neighbourhood of the licensed premises, and to persons who are temporarily present in the neigh- bourhood of the licensed premises for the purpose of carrying on business there or for the purpose of their employment; |
(ba) to any female not referred to in paragraph (a) or (b) of this section; or .
| 10. Section 29 of the principal Act is amended— T .2? | amunded. |
| (a) | by adding after paragraph (c) of subsec- tion (1) the following paragraph |
(ca) if the licensee obtains an entertain- ment permit, by virtue of subsection (3) of this section, with or ancillary to entertainment, between the hours of ten in the evening and midnight, on the day or days, and in the part of the premises, specified, and subject to the conditions imposed, by the permit, for consumption on the premises, only;
| (b) | by deleting the passage ", (10) and (11) ," in lines one and two of subsection (3) and substituting the passage "and (7) to (11), inclusive". |
3.30
| 11. Section 30 of the principal Act is amended | amended |
| (a) | by repealing and re-enacting subsection (1) as follows |
(1) A cabaret licence authorises the licensee to sell and supply liquor, on the premises, with or ancillary to entertain- ment provided by artists, present and
| No. 76.] | Liquor. | [1972. |
performing in person, between the hours of nine in the evening, on a weekday, and half-past three in the morning of the following day, notwithstanding that the following day is a Sunday, Christmas Day, Good Friday or Anzac Day, for consumption on the premises, only. ; and
| (b) | by adding after subsection (1) a subsection as follows |
(la) The holder of a cabaret licence is required to make light refreshments continuously available for purchase and consumption on the premises, between the hours during which he sells and supplies liquor under the authority of
subsection (1) of this section. .
O. 31
| amended. | 12. Section 31 of the principal Act is amended |
by repealing and re-enacting subsection (1) as
follows
(1) A theatre licence authorises the licensee to sell and supply liquor, on the licensed premises, on a week day during the periods of one hour before and one hour after, and during the periods of intermissions to, a performance of which the artists or performers are present and performing, in person, for consumption on the premises only. .
5.33 repealed
| and re- | 13. Section 33 of the principal Act is repealed |
| enacted• | and re-enacted as follows- |
| Packet |
| licence. | 33. (1) Where a packet licence is granted |
for a vessel not ordinarily engaged in the business of carrying passengers occupying accommodation in the vessel overnight or for
| 1972.] | Liquor. | [No. 76. |
an aircraft, the licence authorises the master or captain of the vessel or aircraft to sell and supply liquor, on the vessel or aircraft,
| (a) | during scheduled hours on any day other than Christmas Day, Good Friday or Anzac Day; |
| (b) | during such of the scheduled hours on Anzac Day as are after noon; and |
| (c) | in the case of such a vessel, if the licensee obtains a permit by virtue of subsection (4) of this section, during the hours and on the day and to the persons specified in the permit, |
after the vessel has left a berth or mooring, or the aircraft has left an airport or landing ground, and has proceeded on a passage or flight, for consumption on the vessel or aircraft, before remooring or relanding, only.
(2) In this section "scheduled hours" means such hours as the Court may from time to time by endorsement on the licence specify after consideration of the operating schedule of the vessel or aircraft.
Where a packet licence is granted for a vessel that is ordinarily engaged in the business of carrying passengers occupying accommodation in the vessel overnight, the licence authorises the master of that vessel to sell and supply liquor at any time to any passenger on board the vessel for consumption on the vessel.
(3)
(4)
The Court, may on the application of the proprietor of a vessel referred to in subsec- tion (1) of this section, issue a permit author- ising the master of the vessel to sell and supply liquor as provided in paragraph (c) of subsec- tion (1) of this section, but the Court shall
| No. 76.] | Liquor. | [1972. |
not issue such a permit unless it is satisfied that, during the hours on the day for which the permit is to be issued, the vessel will be engaged solely in carrying passengers having a common interest of a political, social, literary, sporting or like nature.
(5) The proprietor of a vessel or aircraft for which a packet licence is granted is the holder of the licence and the licence is not required to be transferred by reason only that the master or captain of the vessel or aircraft is changed. .
S. 36A
| added. | 14. The principal Act is amended by adding after section 36 a section as follows- |
| Vigneron'a |
| licence. | 36A. (1) A vigneron's licence authorises the licensee to sell and supply on or from the licensed premises only, during ordinary trading hours, wine manufactured by the licensee on the licensed premises, in sealed containers in quantities of not less than twenty-six ounces for consumption on the premises. |
| (2) The Court shall not grant or renew a vigneron's licence unless it is satisfied that the premises in respect of which the licence or renewal thereof is sought consist of a vineyard of not less than five acres in full bearing or an orchard of not less than five acres, on which the applicant carries on the business of a vigneron. . | |
| S. 37 |
Subsection (2) of section 37 of the principal Act is amended by adding after the word "be" in line four of subsection (2), the passage ", except where that business is or will be principally the business of the supplying of ships' stores," .
| amended. | 15. |
8.38
| amended. | 16. Section 38 of the principal Act is amended by deleting the words "of his own manufacture" in line two. |
| 1972.] | Liquor. | [No. 76. |
| 17. Section 39 of the principal Act is amended | 6.39 |
| amended. |
| (a) | by deleting the passage "and shall not, after the thirty-first day of December, 1972, renew any such licence" in lines two and three of subsection (2); and |
| (b) | by repealing subsection (3) and substitut- ing the following subsections |
(3) Subject to the succeeding provi- sions of this section, the Court shall not renew an Australian wine licence in respect of premises in which liquor of any kind other than Australian wine is sold or offered or exhibited for sale, or apparently for sale.
(4) The holder of an Australian wine licence shall not keep, or bring or permit to be brought, on the licensed premises any liquor other than Australian wine. .
| 18. The principal Act is amended by adding after Section 39A | added. |
section 39 the following section—
39A. (1) Notwithstanding any other pro- Special
vision of this Act but subject to this section, a CAC e r'pr licence may be granted by the Court once in Iran
every calendar year to the West Australian Wine FeStiVaL
Festival Association Inc. authorising
(a) the Association; and
| (b) | such vignerons and other persons associated with, or participating in, the wine festival conducted by the Associa- tion, as the Court thinks fit and endorses on any licence so granted, |
to sell and supply wine and brandy in any quan- tity during a period not exceeding three days, for consumption on such premises as are speci- fied in the licence, or in sealed containers for consumption off such premises, subject to such conditions as may be imposed by the Court.
| No. 76.] | Liquor. | [1972. |
(2)
A licence granted under this section shall be in the form approved by the Court for the purpose, and shall authorise the Association and the other persons whose names are endorsed thereon to sell and supply wine and brandy in accordance with the provisions of the licence and the conditions imposed by the Court not- withstanding any other provision of this Act and notwithstanding that one of the days in respect of which the licence is granted may be a Sunday.
(3) Any application made by the Association for the grant of a licence under this section shall be in a form approved by the Court, and where an application is made in such a form, the Court may, if it thinks fit, grant the licence, but the provisions of Part IV of this Act, except insofar as the Court requires those provisions to be complied with, do not apply to or in relation to the making of the application for, considera- tion or granting of such a licence.
(4) A fee of five dollars is payable for any licence granted under this section, and no other fee is payable under this Act in respect of such a licence.
6.42
| amended. | 19. Section 42 of the principal Act is amended |
| (a) | by deleting the passage "for consumption, on the premises, by him and by his guests, not exceeding three in number, in his company" in lines sixteen, seventeen and eighteen of subsection (1) and substituting the passage "and to his guests not exceed- ing three in number, in his company, for consumption on the premises"; and |
| (b) | by adding after the word "permit", being the last word in subsection (2), the passage ", except where there are no premises the subject of an hotel licence, a tavern licence or a store licence situated within fifteen miles of the premises specified in the permit". |
| 1972.] | Liquor. | [No. 76. |
| 20. Subsection (3) of section 43 of the principal 714 | ,af:nded. |
Act is repealed and re-enacted as follows
(3) The liquor sold and supplied pursuant to a function permit shall be purchased from the holder of an hotel licence, a tavern licence, a winehouse licence, a store licence or a cater- er's permit, except where
| (a) | there are no premises the subject of an hotel licence, a tavern licence, a wine- house licence, or a store licence situated within fifteen miles of the premises specified in the function permit; |
| (b) | the permit is issued to the organizing body of an agricultural show or race meeting or to a person conducting a canteen at a livestock saleyard; or |
| (c) | the premises to which the function permit relates form part of a vineyard of not less than five acres of vines in full bearing or an orchard of not less than five acres in which event wine manufactured on the vineyard or orchard by the occupier thereof and owned by or purchased from him may be sold and supplied pursuant to the permit. . |
21. Section 45 of the principal Act is amended— nded.
| (a) | in lines 7 and 8 page 38 part (ii) of para- graph (b) delete the words "between the hours of ten in the evening" and substitute in lieu thereof the words "subsequent to a period of one half hour beyond cessation of ordinary trading hours as relating to hotel licences in the neighbourhood"; and |
| No. 76.] | Liquor. | [1972. |
| (b) | by repealing and re-enacting subsection (2) as follows |
(2) A person-
| (a) | being the occupier or having the management or control of any premises mentioned in subsec- tion (1) of this section; or |
| (b) | being the servant or agent of such a person as is referred to in paragraph (a) of this sub- section, |
shall not permit or suffer any other person to bring liquor into, or have liquor in his possession or under his control in, those premises in contravention of that subsection. .
S. 46
| amended. | 22. Section 46 of the principal Act is amended |
| (a) | by deleting the words "or within twenty chains of" in paragraph (a) of subsection (1) and substituting the passage ", or outside, but within twenty chains of,"; |
| (b) | by adding after paragraph (a) of subsec- tion (1) the following paragraph- |
(aa) in or on any class of premises, not being licensed premises, to which the public is permitted to have access, whether on payment of a charge or otherwise, and which are prescribed for the purposes of this paragraph; ; and
| 1972.] | Liquor. | [No. 76. |
(c) by repealing and re-enacting subsection (2)
as follows
(2) A person-
| (a) | being the occupier or having the management or control of any premises mentioned in para- graph (aa,) (b) or (c) of sub- section (1) of this section; or |
| (b) | being the servant or agent of such a person as is referred to in paragraph (a) of this sub- section, |
shall not permit or suffer any other person to bring liquor into, or have liquor in his possession or under his control in, those premises in contravention of that subsection.
Penalty: One hundred dollars.
| 23. | Subsection (1) of section 54 of the principal = 4 | 5endea |
Act is amended by adding after the words "club licence" in line four the passage ", cabaret licence, restaurant licence".
8.55
| 24. | Section 55 of the principal Act is amended | amended. |
| (a) | by adding after paragraph (c) of subsec- tion (2) the following paragraph |
(ca) a restaurant licence or a provisional certificate for such a licence may be made-
(i) by the holder of a restaurant licence whose licensed prem- ises are in the affected area or by an association of licensees of which such a holder is a member; and
| No. 76.] | Liquor. | [1972. |
(ii) by a resident of the affected area not being the holder of any licence under this Act other than a restaurant licence; ;
| (b) | by deleting paragraph (e) of subsection (2) and substituting the following paragraph |
| (e) | a cabaret licence or a provisional certificate for such a licence may be made- |
(i) by the holder of a cabaret licence whose licensed premises are in the affected area or by an association of licensees of which such a holder is a member; and
(ii) by a resident of the affected area not being the holder of any licence under this Act other than a cabaret licence; and ; and
| (c) | by adding after subsection (2) the follow- ing subsection |
(2a) Where pursuant to subsection (2) of this section the holder of an hotel licence, a limited hotel licence, a tavern licence, a winehouse licence, a cabaret licence, a restaurant licence or a store licence, situated in any particular area is authorised to object to the grant of a licence or a provisional certificate for a licence, the holder of a provisional certifi- cate for such a licence granted in respect of premises situated in that particular area is also authorised to make similar objection. .
| 1972.] | Liquor. | [No. 76. |
S. 57
| 25. Section 57 of the principal Act is amended | amended |
| (a) | by deleting the words "or any Act repealed by this Act" in lines four and five of sub- paragraph (ii) of paragraph (a) of subsection (1); |
| (b) | by adding after the passage "winehouse licence," in line two of paragraph (a) of subsection (2) the passage "a cabaret licence,"; and |
| (c) | by deleting paragraph (b) of subsection (2) and substituting the following paragraph |
(b) a restaurant licence or a provisional certificate for such a licence are such as are mentioned in subpara- graphs (i), (ii) or (iv) of paragraph (a) of this subsection ; .
S. 123
| 26. Subsection (3) of section 123 of the principal Act is amended by adding after the words "merchant's licence" in line two the passage ", vigneron's licence". | amended. |
27. The principal Act is amended by adding gardA.
after section 123 a section as follows
Restaurant
| 123A. The holder of a restaurant licence | licensee to display |
| shall cause to be exhibited at each table pro- | prices. |
| vided for the use of customers in the licensed premises a printed list showing the charges made for meals and for the various types of liquor supplied therein. |
Penalty: Forty dollars.
| No. 76.] | Liquor. | [1972. |
S. 126
| amended | 28. Section 126 of the principal Act is amended by adding after subsection (2) the following subsections |
(2a) It is a defence to a complaint of an offence against paragraph (a) of subsection (1) of this section to show that
| (a) | the liquor was sold or supplied by a licensee who reasonably believed that the person to whom the liquor was sold or supplied was to be supplied by the licensee with, and would take, a meal; and |
| (b) | the liquor was not sold or supplied to the person after the expiration of one hour after liquor was first sold or supplied to the person by the licensee; and |
| (c) | if the person had been supplied with a meal not later than one hour after liquor was first sold or supplied to him by the licensee, all liquor sold and supplied to him by the licensee would have been lawfully sold and supplied. |
(2b) It is a defence to a complaint of an offence against paragraph (f) of subsection (1) of this section relating to the conduct of a lottery on premises licensed under section 35, to show that the lottery was one for which a permit had been granted by the Lotteries Commission pursuant to the Lotteries (Control) Act, 1954.
S. 127
| amended. | 29. Section 127 of the principal Act is amended by adding after paragraph (a) the following paragraph- |
(aa) being the holder of an unlicensed club
permit, or a function permit, or the servant
or agent of the holder of such a permit,
| 1972.] | Liquor. | [No. 76. |
supplies liquor, or causes or permits the supply of liquor, to a person who is, at the time, in a state of intoxication or is visibly affected by liquor to the extent that any further consumption of liquor by the person is likely to induce a state of intoxication; .
30. (1) Section 129 of the principal Act is tal:i9,ded
amended
| (a) | by adding after paragraph (h) the follow- ing paragraph |
(ha) being a person in authority over a juvenile who is not the servant or agent of the licensee or a person acting under, or employed in con- nection with, a contract with the licensee, causes or permits the juvenile to enter or remain in any part of licensed premises where liquor is served, except for the purpose of permitting the juvenile to obtain a meal; ; and
| (b) | by repealing and re-enacting subsection (5) as follows |
(5) Paragraphs (h) and (ha) of subsection (1) of this section do not apply to or in relation to a juvenile who is a lodger of the licensed premises or who, accompanied by a person in authority over him, enters any part of the licensed premises which, on applica- tion which shall be made by the licensee in accordance with the rules, has been approved by the Court for the purposes of this subsection, and who remains there, in the company of that person, only as long as is reasonably necessary for him or the person in authority over him to obtain and consume reasonable refreshment. .
| No. 76.] | Liquor. | [1972. |
(2) Without limiting the application of the Inter- pretation Act, 1918 to and in relation to this Act, it is hereby provided that
| (a) | rules may be made by the Court for the purposes of subsection (5) of section 129 of the Liquor Act, 1970 as repealed and re-enacted by section 30 of the Liquor Act Amendment Act, 1972 so as to have effect on and from a date prior to the date on which paragraph (b) of subsection (1) of section 30 of the Liquor Act Amendment Act, 1972 is proclaimed to come into opera- tion; and |
| (b) | applications may be made, heard and dealt with and all other matters and things incidental thereto may be done for the pur- poses of subsection (5) of section 129 of the Liquor Act, 1970 as repealed and re-enacted by section 30 of the Liquor Act Amendment Act, 1972 prior to the date on which para- graph (b) of subsection (1) of section 30 of the Liquor Act Amendment Act, 1972 is proclaimed to come into operation. . |
S. la9A
| added. | 31. The principal Act is amended by adding |
after section 129 a section- as follows-
129A. (1) In this section, "vineyard" means any land on which wine is manufactured from the produce of vines or any orchard situated on the land, whether or not that land is the subject of a vigneron's licence, but does not include any land the subject of a winehouse licence.
(2) Subject to subsection (3) of this sec-
tion
| (a) | a person shall not consume on a vine- yard any liquor other than wine manufactured on that vineyard; and |
| (b) | an occupier of a vineyard shall not permit any person to consume on the vineyard any liquor other than wine manufactured on that vineyard. |
| 1972.] | Liquor. | [No. 76. |
(3) Nothing in subsection (2) of this section applies to or in relation to the consumption of liquor of any kind on a vineyard by
| (a) | the occupier of the vineyard, his spouse, any member of his family or any of his employees; or |
| (b) | any guest of the occupier, his spouse or any member of his family, where the liquor is supplied to the guest without any charge being made there- for. . |
| 32. | Section 130 of the principal Act is repealed. | r8,p1,a0led. | 2 |
S. 132A
| 33. | The principal Act is amended by adding after | added. |
section 132 a section as follows
False or
| application, notice or document made to or statements | 132A. Any person who in any written misleading |
produced before the Court for any purpose connected with the grant or issue of a licence, provisional certificate or permit, or an applica- tion for the grant or issue of a licence, provis- ional certificate or permit, or any renewal thereof, makes any statement which is false or misleading in any material particular commits an offence.
| 34. | Section 141 of the principal Act is repealed ?.2:1! | —b | led and |
re-enacted.
and the following section enacted in its stead—
141. (1) Any person who contravenes or ';',1,7.ffy,
| fails to comply with any provision of this Act i | n'A2.`,'b—eral |
| penalty | |
| commits an offence against this Act. | |
| (2) Any person who commits an offence against this Act is liable, where a penalty is not expressly provided for the offence, to a penalty not exceeding two hundred dollars. . |
| No. 76.] | Liquor. | [1972. |
S. 159
| amended. | 35. Section 159 of the principal Act is amended |
(a) by deleting the words "or a brewer's licence" in lines two and three of paragraph (a) of subsection (1) and substituting the passage ", a brewer's licence or a vigneron's licence";
| (b) | by deleting the word "and" appearing at the end of paragraph (a) of subsection (1) ; |
| (c) | by deleting the passage "licence." in the last line of paragraph (b) of subsection (1) and substituting the passage "licence; and"; |
| (d) | by adding after paragraph (b) of subsection (1) the following paragraph |
| (c) | shall, in the case of a vigneron's licence, be the fee specified for such a licence in the Fourth Schedule.; |
and
| (e) | by adding after the word "licence" in the first line of subsection (5) the passage ", not being a vigneron's licence," . |
S. 161
| amended. | 36. Subsection (1) of section 161 of the principal Act is amended by deleting the words "or a brewer's licence" in lines two and three, and substituting the passage ", a brewer's licence or a vigneron's licence". |
| 5. 163 | |
| amended | 37. Subsection (1) of section 163 of the principal Act is amended by deleting the words "or a brewer's licence" in lines two and three, and substituting the passage ", a brewer's licence or a vigneron's licence". |
| 1972.] | Liquor. | [No. 76. |
S. 165
| 38. Section 165 of the principal Act is amended | amended. |
| (a) | by adding after the passage "licence;" in paragraph (c), the word "or"; and |
| (b) | by deleting paragraphs (d) and (e) and substituting the following paragraph |
(d) a vigneron's licence, .
| 39. The Fourth Schedule to the principal Act is | Fourthschedule |
| amended | amended. |
| (a) | by adding after the words "All other Licences" in line three of item 1, the passage "(except a Vigneron's Licence)"; |
(b) by adding after the passage
| Brewer's licence | $60 |
| being the last line of item 1, the following- Vigneron's Licence | $20 |
| (c) | by deleting item 3 and substituting the following item- |
3. Permits for each occasion:
| ||
| Permit issued pursuant to sec- |
| tion 33 (3) | $5 |
| Function permit | $1 |
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