Liquor Act Amendment Act 1973 (Qld)

684 (VaunzInO ANNO VICESIMO SECUNDO ELIZA ET AE SECUNDAE REGIN AE No0 81 of 1973 An Act to am end the Liquor Act 1912- 1972 in certain particulars [ASSENTED TO 20TH DECEMBER, 1973] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title , citation and commencement . _ (1) This Act may be cited as the Liquor Act Amendment Act 1973. (2) The Liquor Act 1912-1972 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Liquor Act1912-1973. (4) This Act shall come into operation on a date to be fixed by Proclamation.

Liquor Act Amendment Act 1973, No. 81 685 2. Repeal of and new s. 1. Parts of Act. Section 1 of the Principal Act is repealed and the following section is substituted:- 1. Parts of Act. This Act is divided into Parts, as follows:- PART I-PRELIMINARY (SS. 1-5); PART IA-LICENSING COURT (ss. 5A-5N); PART It' LICENSING COMMISSION AND ADMINISTRATION (ss. 6-14c); PART 11I-LICENSES (ss. 15-49A); PART IV--OBLIGATIONS, DUTIES, AND LIABILITIES OF LICENSEES (ss. 50-107); PART V--OBLIGATIONS, DUTIES, AND LIABILITIES OF LICENSED SPIRIT MERCHANTS (SS. 108-113); PART VI-LICENSED CLUBS (SS. 114-125F); PART VIA-RESTAURANT LICENSES (SS. 125AA-125AQ); PART VIB-RESORT LICENSES (ss. 125BA-125BD); PART VIC-THEATRE LICENSES (SS. 125CA-125CG); PART VID-AIRPORT LICENSES (SS. 125DA-125DG); PART VIE-CABARET LICENSES (SS. 125EA-125EK); PART VIF-LIMITED HOTEL LICENSES (SS. 125FA-125FG); PART VIG-FUNCTION ROOM LICENSES (SS. 125GA-125GF); PART VIH-TAVERN LICENSES (SS. 125HA-125HI); PART VIJ-BISTRO LICENSES (SS. 125JA-1251P); PART VIK-CATERERS' LICENSES (SS. 125KA-125KI); PART VII-SALE OF LIQUOR BY UNLICENSED PERSONS (ss. 126-134) ; PART VIII-MAXIMUM PRICES FOR LIQUOR (SS. 134A-134I); PART IX-GENERAL PROVISIONS (SS. 152-171); SCHEDULES.". 3. Amendment of s. 4. Interpretation. Section 4 of the Principal Act is amended- (a) by omitting from the definition " Beer garden " the words " by the Commission "; (b) by omitting the definition " Clerk of Petty Sessions " and substituting the following definition:- "Clerk of the court "-The person who is for the time being the clerk of the court at the principal place for holding Magistrates Courts in a district;"; (c) by omitting from the definition " Court " the words " court of petty sessions " and substituting the words " Magistrates Court "; (d) by omitting from the definition " Court " the words " courts of petty sessions " and substituting the words " Magistrates Courts "; (e) by omitting from the definition " District " the words " petty sessions " and substituting the words " Magistrates Courts ";

686 Liquor Act Amendment Act 1973, No. 81 (f) by inserting after the definition "District" the following definition:- Executive Officer "-The person who at the material time holds the appointment Executive Officer of the Commission and includes any person who at the material time is performing the duties of the Executive Officer;"; (g) by inserting after the definition " Licensee " or " holder " the following definition:- " " Licensing Court "-The Licensing Court of Queensland constituted under section 5A;"; (h) by omitting from the definition "Liquor" the words " containing three and one-half per centum or more than three and one-half per centum of proof spirit by volume, or any spirituous or fermented fluid "; (i) by omitting the definition " Lounge bar "; (j) by inserting after the definition " Lodger " the following definition:- " Maaggiissttrraatetes s Court "-A Magistrates Court constituted under the JusticesAct1886-1973, or deemed so to have been;"; (k) by, in the definition " Public bar "- (i) omitting paragraph (a); (ii) relettering paragraph (b) as paragraph (a); (iii) relettering paragraph (c) as paragraph (b); (1) by inserting after the definition " Register of Licenses " the following definition:- Registrar "-The person who at the material time holds the appointment Registrar of the Licensing Court and includes any person who at the material time is performing the duties of the Registrar;"; (m) by inserting after the definition " Regulation " the following definition:- " SSeeafarerr "-An officer or member of the crew of an ocean-going vessel of not less than 100 tonnes gross registered tonnage;"; (n) by adding at the end thereof the following paragraph:- For the purposes of this Act- (a) one dozen containers, each containing not less than 740 millilitres, or two dozen containers, each containing not less than 370 millilitres, shall be deemed to contain a total quantity of 9 litres; (b) six containers, each containing not less than 740 millilitres, or one dozen containers, each containing not less than 370 millilitres, shall be deemed to contain a total quantity of 4.5 litres.". 4. Amendment of s. 5. Exempted persons generally. Section 5 of the Principal Act is amended- (a) by omitting provision (b); and (b) by, in provisions (g) and (h), omitting the words " two gallons " wherever they occur and substituting in each case the expression " 9 litres ",

Liquor Act Amendment Act 1973, No. 81 687 (c) by, in the paragraph commencing with the word " Moreover "- (i) omitting from subparagraph (iv) the words " or to the drinking " and substituting the words " as to the drinking "; (ii) adding at the end thereof the following word and subparagraph:- II I or (v) To the sale of liquor in a canteen designated as a seafarers' canteen where the sale of that liquor in that canteen is made by or on behalf of a person permitted in writing by the Licensing Court to sell that liquor at that canteen and otherwise in compliance in every respect with the provisions, conditions, and restrictions of that permit as to the drinking or consumption in that canteen of that liquor." (d) by omitting from the third paragraph (being the paragraph commencing with the words " The Commission may ") the words " of subparagraph (b) of the first paragraph, and of subparagraph (iv) of the second paragraph, respectively " and substituting the words of subparagraphs (iv) and (v) of the second paragraph ". (e) by adding at the end of the section the following paragraph:- " The Licensing Court shall not grant a permit for the purposes of subparagraph (v) of the second paragraph unless it is satisfied that- (a) the number of persons who would be eligible to use the canteen is sufficient to warrant the granting of the permit; (b) the. canteen will be situated at a seaport and will provide such services, other than the sale and supply of liquor, and such amenities as the Licensing Court may require; and (c) the rules of the canteen or of the body or association operating the canteen are such as will restrict admission to, and the use of the canteen to seafarers and their guests and persons employed on the licensed premises.". 5. New Part IA, The following Part is inserted in the Principal Act after section 5:- " PART IA-LICENSING COURT 5A. Constitution of Lie !i Court. (1) There is hereby constituted a court to be known as the " Licensing Court of Queensland " which shall be a court of record and shall have a seal which shall be judicially noticed. (2) The Licensing Court shall be constituted by a Judge of District Courts notified by name as hereinafter mentioned. (3) The Governor, in Council shall, by notice published in the Gazette, notify the name of a Judge of District Courts to constitute the Licensing Court. (4) A notification pursuant to subsection (3) may be made in respect of a specified period only or without limit of time. (5) In the case of the illness or absence of the Judge of District Courts whose name is notified pursuant to subsection (3) the Governor in Council may notify the name of another Judge of District Courts to constitute the Licensing Court during such illness or absence.

688 Liquor Act Amendment Act 1973, No. 81 (6) It shall be the duty of any Judge of District Courts whose name is notified as hereinbefore mentioned while his name remains so notified or, as the case may be, until the expiration of the period, or the ceasing of the occasion, for which he is so notified, to constitute the Licensing Court. (7) The jurisdiction of a Judge of District Courts named to constitute the Licensing Court shall not be taken thereby to be limited exclusively to the Licensing Court. 5B. Jurisdiction . (1) The Licensing Court shall- (a) hear and determine all applications and other matters which by- this Act or any other Act are required or permitted to be heard and determined by the Licensing Court; (b) make all such orders and give all such directions as are authorized or contemplated to be made or given by it under this Act; and (c) have such other powers, functions and duties as are conferred or imposed upon it under this Act. (2) Save as provided by section 5c, the jurisdiction of the Licensing Court under this Act shall be exclusive and every decision of that Court shall he final and conclusive and shall not be impeached for any informality or want of form, or be appealed against, reviewed, quashed or in any way called into question in any court. 5c. Appeal to a single Judge of Supreme Court. (1) A person aggrieved by a direction, determination, order or decision of the Licensing Court (not being a direction, determination, order or decision on an appeal under section 8A from a direction, determination, order or decision of the Commission) may appeal to a Judge of the Supreme Court sitting in open court whose determination shall be final and conclusive between the parties to the appeal. (2) The appeal shall be instituted by notice within one calendar month, or within such further time as a Judge of the Supreme Court in his discretion allows, from the date on which the. direction, determination, order or decision appealed against was given or made. (3) The notice of appeal shall be in writing, shall be given to the Registrar of the Licensing Court and shall state the nature and grounds of the appeal. (4) An appeal under this section shall be instituted upon the giving of the notice of appeal as prescribed by subsection (3), a copy of the notice of appeal shall be filed in the Registry of the Supreme Court forthwith upon the institution of the appeal. (5) A copy of the notice of appeal shall be given also to each objector or applicant, as the case requires. (6) Forthwith after the appeal is instituted, the Registrar of the Licensing Court shall cause the originals of the evidence given and transcripts of evidence and notes taken on the hearing

Liquor Act Amendment Act 1973, No. 81 689 before the Court, or true copies thereof certified by the said Registrar as such, to be transmitted to the Registrar of the Supreme Court. (7) No evidence shall be received on the hearing of the appeal other than such originals and transcripts or copies as aforesaid, except by consent of the parties or-by order of a Judge of the Supreme Court either at the hearing or upon application made before the hearing. (8) Every appeal shall be heard and determined by a Judge of the Supreme Court in a summary way. The practice of the Supreme Court in force with respect to appeals shall with all necessary adaptations be applicable to appeals pursuant to this section. (9) In so far as the practice of the Supreme Court does not provide, a Judge of the Supreme Court may give directions with respect to practice and procedure on the appeal and in relation to the appeal such directions shall have the force and effect of rules of court. (10) Within seven days after the institution of the appeal the appellant shall deposit with the Registrar of the Supreme Court with whom the copy of the notice of appeal is filed the sum of $100 by way of security for costs of the appeal. (11) When an appeal is duly instituted against a determination of the Licensing Court cancelling, forfeiting or suspending a license and the deposit prescribed by subsection (10) is made then the license in question shall be deemed not to be cancelled, forfeited or suspended, as the case may be, until the date fixed by the Court for the cancellation, forfeiture or suspension has arrived and the appeal has. been heard and determined.or otherwise disposed of and, in the event of a determination, only if the appeal is disallowed. (12) Upon the hearing of the appeal, the Judge may- (a) adjourn the same from time to time; (b) mitigate any penalty or forfeiture; (c) affirm, quash, or vary the direction, determination, order or decision appealed from or substitute, give or make any direction, determination, order or decision which in his opinion ought to have been made in the first instance; (d) remit the subject matter of the appeal for hearing or further hearing before the Licensing Court; and (e) make such order as to costs or otherwise as the Judge shall think fit. (13) When a Judge of the Supreme Court makes any order as to the costs of an appeal he shall direct by and to whom and the time within which such costs shall be paid. Any such order shall be enforceable in the same manner as a judgment for costs of the Supreme Court. SD. Power to state case. (1) The Judge hearing an appeal under section 5c or the Licensing Court may at his or its discretion state a special case for the opinion of the Full Court of the Supreme Court on any question of law.

690 Liquor Act Amendment Act 1973, No. 81 (2) The Full Court of the Supreme Court shalt deal with every such special case according to the practice of the Supreme Court on special cases and may make such order thereon as to the Full Court seems just. (3) The Full Court of the Supreme Court may send any such special case back for amendment or may itself amend the same. (4) The Judge of the Supreme Court hearing the appeal or, as the case may be, the Licensing Court shall give his or its decision in accordance with the opinion of the Full Court of the Supreme Court. 5E. Registrar of Court. The Governor in Council may, appoint a person to be Registrar of the Licensing..Court who shall keep minutes of proceedings and records of directions, determinations, orders and decisions of the Court and shall perform such other duties as may be prescribed by rules of court or as the Judge constituting the Licensing Court may direct. 5F. Proceedings of Licensing Court. (1) The Licensing Court shall conduct its proceedings as prescribed by this Act or rules of court made under this Act. Until rules are made under this Act, or in so far as rules so made do not provide, the practice and procedure of the Licensing Court shall, as nearly as may be practicable, be regulated under and by the rules regulating the practice and procedure of the District Court in civil jurisdiction. (2) The Licensing Court may take evidence on oath, affirmation, affidavit or declaration and unless a transcript of the evidence is taken shall take notes of the evidence. (3) The Licensing Court or the Registrar may take and administer oaths and affirmations in or for the purposes of any matter or proceeding being heard, or to be heard, and determined by the Court. (4) A party to a proceeding before the Licensing Court may appear in person or be represented by his counsel, solicitor or agent but a person, not being a barrister or solicitor of the Supreme, Court duly entitled to practise as such, shall not be entitled to claim or recover, or receive directly or indirectly, a sum of money or other remuneration for appearing or acting on behalf of another person in the Licensing Court. (5) The Commission may, and where so directed by the Licensing Court shall, appear and be heard in any proceeding before that Court by its Executive Officer or by counsel or solicitor. (6) Subject to subsection (7), every proceeding of the Licensing Court shall be heard and determined, and any direction, determination, order or decision thereon shall be pronounced, in open court. (7) The Licensing Court may sit in chambers and exercise in chambers such jurisdiction as by rules of court is so exercisable. (8) Every application for a license made to the Licensing Court shall be referred by the Registrar to the Commission for its consideration as soon as is practicable after the expiration of the time appointed for the lodging by petition of objections to the application.

Liquor Act Amendment Act 1973, No. 81 691 5G. Sittings. (1) Subject to this Act and the rules of court, the Licensing Court shall sit at such times and such places as are, in the opinion of the Court, most convenient for the despatch of business. (2) The Licensing Court shall cause at least fourteen days notice to be given of the time and place of sittings, either by notice sent to the parties by pre-paid post, or by notice published in the Government Gazette and in a newspaper .circulating in the area of the proposed sitting. (3) The Licensing Court may, of its own motion, adjourn any sittings, from time to time and from place to place, and may, on the application of a party, so adjourn any hearing, on such terms as to costs, as it thinks fit. 5H. Discretion of Licensing Court. (1) No application to the Licensing Court shall be granted as a matter of course; and upon the hearing of any application with respect to the grant or removal of a license, whether objection is taken at the hearing or not, the Court shall hear, inquire into, and determine the application and all such objections (if any) on the merits, and shall grant or refuse the application with or without conditions upon any ground or for any reason whatsoever that the Court. in the exercise of its discretion, deems sufficient. (2) No compensation shall be payable to any person by reason of the refusal of the Licensing Court to grant any application. - (3) The- Licensing Court shall have general power to waive compliance with any formalities in connexion with any application upon such terms as to adjournment, costs, or otherwise. as it thinks fit. 5J. Power to summon witnesses. (1) The Licensing Court may, by summons issued by the Court or Registrar, summon any person as a witness and require him to bring and produce in evidence all documents and. writings relevant to the matters the subject of the proceeding in respect whereof the summons is issued. (2) A person who, being required by summons to attend as a witness, fails without reasonable excuse, to appear at the time and place specified in the summons or who, being in attendance whether voluntarily or pursuant to a summons, refuses to be sworn or to make an affirmation or refuses to answer any lawful question or neglects or refuses to produce any document or writing relevant to the matters the subject of the proceeding by the Licensing Court is guilty of contempt of court. (3) A person who wilfully interrupts proceedings of the Licensing Court, or otherwise misbehaves himself in the presence of the Court or who hinders, obstructs, threatens or assaults any officer, party or witness in attendance before, or going to or returning from, the Court is guilty of contempt of court.

692 Liquor Act Amendment Act 1973, No. 81 (4) The Licensing Court may commit a person guilty of contempt of court to prison, for any period not exceeding twenty-eight days, or impose on that person a fine not exceeding $100 and, in default of payment, may order that the person be imprisoned for any period not exceeding twenty-eight days. (5) A person may be dealt with by the Licensing Court for contempt of court upon the Court's own view or upon the evidence of a credible witness. A person committed to prison by order of the Licensing Court or ordered to be imprisoned in default of payment of a fine imposed by that Court may be taken into custody upon the authority of the order and without further .warrant. A person guilty of contempt of court, whether or not he is dealt with under subsection (4) for his contempt, may, by order of the Licensing Court, be excluded from the Court. (6) Every person summoned to attend before the Licensing Court as a witness shall be entitled to a tender of his reasonable expenses by the party requiring his attendance. (7) No witness in any proceeding shall be excused from answering any relevant question put to him in the course of a proceeding before the Licensing Court on the grounds that the answer thereto would or might tend to incriminate him but where the witness claims, before answering the question, that the answer might tend to incriminate him, neither the question nor the answer is admissible in evidence against him in criminal proceedings other than proceedings under subsections (2) and (3) or in relation to a charge of perjury in respect of the answer. 5K. Costs. (1) The Licensing Court may make such order as it thinks fit as to the costs of proceedings heard and determined by it including allowances to witnesses attending for the purpose of giving evidence at the hearing. (2) Any order by the Licensing Court as to costs may be filed in the registry of a District Court and thereupon it shall be deemed to be an order of that Court as to costs and may be enforced accordingly. (3) The Licensing Court may order that costs as awarded shall be ascertained and fixed by the Taxing Officer of the Supreme Court at Brisbane according to the scale of costs prescribed by law for the time being in respect of proceedings in a District Court that the taxing officer deems proper to be adopted by him having regard to the nature and complexity of the proceedings in question but the fixation of costs may be reviewed on the application of any party concerned. (4) If the Licensing Court refuses an application for the grant or removal of a license and it appears to the Court that the application was a frivolous or vexatious proceeding or an abuse of the process of the Court, the Licensing Court may order payment of a sum to meet the reasonable costs and expenses of the person who has objected successfully to the granting of such application, to be made to that person by the unsuccessful applicant.

Liquor Act Amendment Act 1973, No. 81 693 (5) If the Licensing Court grants any such application to which objection has been made and it appears to the Court that the objection was frivolous or vexatious or an abuse of the process of the Court , it may order the person objecting to pay to the applicant such sum as the Court thinks reasonable for the costs incurred by the applicant in supporting the application. (6) A sum ordered to be paid by a person under subsection (4) or (5) shall, if not paid within thirty days from the date of the order, be recoverable as a debt due to the person in whose favour the order was made in the Magistrates Court constituted under The Magistrates Courts Acts 1921 to 1964 for the district in which the premises to which the application refers are situated or, in the case of the removal of a license , the district in which the site to which it was or is proposed to remove the license is situated. 5L. Power to rehear matter. The Licensing Court may, on application in that behalf made within seven days, or within such further time as the Court in its discretion allows, from the date of the determination by it of any matter, rehear the matter upon such terms as to costs or otherwise as it thinks fit or, in its discretion, may refuse the application with or without costs. 5M. Rules of Court. (1) The Governor in Council, with the concurrence of any two or more Judges of the Supreme Court of whom the Chief Justice of Queensland shall be one, by Order in Council may make all such Rules of Court as may be deemed necessary or convenient for regulating the procedure and practice of the Licensing Court and for the purpose of giving full effect to this Act and any other Act conferring jurisdiction, power or authority on the Court. Without limiting the generality of the foregoing provisions of this section, Rules of Court may make provision for all or any of the following matters: (a) prescribing the jurisdiction, powers and authorities of the Licensing Court which may be exercised by the Judge constituting the Court in chambers and regulating the procedure and practice of the-Court in chambers: (b) the duties of, and the government and conduct of the Registrar and other officers and servants of the Licensing Court; (c) conferring on the Registrar, either generally or in any particular case and under such circumstances and on such conditions as may be prescribed, the jurisdiction, powers and authorities wholly or in part of the Judge constituting the Licensing Court in chambers, and providing for an appeal from the Registrar in the exercise of any such jurisdiction, power or authority to the Judge constituting the Court; (d) forms for all matters and proceedings in the Licensing Court: Provided that a party desiring to take a step in a matter or proceeding in respect whereof the Licensing Court has jurisdiction, power or authority under this Act or any other Act may apply

694 Liquor Act Amendment Act 1973, No. 81 to the Judge constituting the Court for directions, and any step taken in accordance with the directions shall be deemed to be regular and sufficient. (2) Every Order in Council made under this section shall- (a) upon its publication in the Gazette be judicially noticed and such publication shall be, conclusive evidence of the matters contained therein; (b) take effect from the date of such publication unless a later date is specified therein for its commencement, in which event it shall take effect from that later date; and (c) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is then in session, and if not, then within fourteen days after the commencement of the next session. (3) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any Order in Council under this section has been laid before it disallowing such Order in Council or part thereof that Order in Council or part shall thereupon cease to have effect, ,but without prejudice to the validity of anything done in the meantime or to the making of a further Order in Council under this section. 5N. Transitional . All applications, matters and proceedings commenced under the Liquor Act 19I2-1972 and pending or in progress on the coming into operation of the Liquor Act Amendment Act 1973 may be continued, completed or enforced under the Act firstmentioned in this section as amended by the Act secondly mentioned as if they had been instituted or commenced under the Liquor Act1912-1973,". 6. Amendments in relation to transfer of functions from Commission to Licensing Court . The Principal Act is amended as set out in the First Schedule. 7. Amendment of s. 6. Licensing Commission . Section 6 of the Principal Act is amended- (a) by omitting from subsection ( 2) the words " three members each of whom " and substituting the words " five members each of whom (save the ex officio member) "; (b) by inserting in the second paragraph of subsection (2) after the words " The member " the words " ( other than the ex officio member)"; (c) by inserting after the second paragraph of subsection (2) the following paragraphs:- "The Executive Officer shall be ex officio a member of the Commission. An appointed member shall be appointed for such term as may be determined by the Governor in Council and specified in the instrument of appointment.

Liquor Act Amendment Act 1973, No. 81 695 An appointed member shall cease to hold office as such on the expiration of the term for which he was appointed or on attaining the age of seventy years whichever first occurs. An officer of the Public Service of Queensland may in addition to his office therein be appointed and hold office as a member of the Commission."; (d) by inserting in the last paragraph of subsection ( 2) after the word " members " the words " ( other than the ex officio member)": (e) by adding at the end of subsection ( 2) the following paragraph:- " The member of the Commission who is the Executive Officer shall , subject to any applicable industrial award, receive such salary as the Governor in Council thinks fit."; (f) by omitting from the note to the subsection at the beginning of subsection ( 3) the words " and alternate member "; (g) by omitting from paragraph ( a) of subsection ( 3) the words " other two members of the Commission " and substituting the words " members of the Commission other than the member designated as Chairman and the ex officio member "; (h) by omitting from subsection ( 4) the word " two " and substituting the word " three "; and (i) by omitting subsections ( 7), (8), (9) and ( 10) and substituting the following subsection:- (7) Co ;i )u hearings not public. The proceedings of the Commission shall not be open to the public and any person may be excluded therefrom by order of the Commission.". 8. Repeal of and new s. 7 . Functions, etc., of L icensing Commission. Section 7 of the Principal Act is repealed and the following section is substituted:- " 7. Functions etc. of Commission . (1) The Commission shall consider every application referred to it by the Registrar pursuant to section SF and, upon the hearing of the matter of the application by the Licensing Court, shall appear and make to the court its recommendation with respect to the application. (2) The Commission shall have such other powers, authorities, functions and jurisdictions and such liabilities, duties, obligations and responsibilities as are conferred or imposed on it by this Act.". 9. Repeal of ss. 8A and 8n and new s. 8A. Appeals from Commission. Sections 8A and 8n of the Principal Act are repealed and the following section is substituted:- " 8A. Appeals from Commission. (1) Subject to this section, any person aggrieved by a direction, determination, order or decision of the Commission may appeal against the same to the Licensing Court. (2) The appeal shall be instituted within fourteen days after the date when the direction, determination, order or decision is given or made by way of written notice stating the nature and grounds of the appeal and served on the Executive Officer.

696 Liquor Act Amendment Act 1973, No. 81 A copy of such notice of appeal shall be filed forthwith with the Registrar and shall be served on any persons, other than the appellant, required by this Act to be served with notice of the matter in. which the direction, determination, order or decision appealed against was given or made. (3) Within seven days after the institution of an appeal pursuant to this section the appellant shall deposit with the Registrar the sum of $100 by way of security for the costs of such appeal. (4) The Licensing Court shall, by way of rehearing upon the evidence adduced before the Commission, hear and determine an appeal instituted pursuant to this section and may- (a) disallow an appeal; (b) set aside or vary the direction, determination, order or decision appealed from; (c) make such orders as to costs as it considers just. (5) The decision of the Licensing Court upon an appeal instituted pursuant to this section shall be final and conclusive and no appeal shall lie therefrom to any court whatsoever.". 10. Amendment of s. 8C . Commission may delegate its powers and functions . Section 8c of the Principal Act is amended- (a) by omitting from subsection (1) the words " or to the secretary to the Commission "; (b) by adding at the end of the section the following subsection:- " (5) Where the Commission has delegated any of its powers, authorities and functions to the Executive Officer he may, by writing under his hand, delegate all or any of the same to any officer of the Commission and the provisions of subsections (2), (3) and (4) shall apply in respect of such a delegation as if it had been made by the Commission save that subsection (4) shall be read as if the expression " Executive Officer " appeared therein in lieu of the term " Commission "." 11. Repeal of and new s . 10. Record of Charges , etc.. Section 10 of the Principal Act is repealed and the following section is substituted:- "10. Record of Charges , etc. (1) There shall be kept by the Commission a record of all charges and complaints against licensees and holders of licenses and all other matters arising under the Act and heard or determined by the Court. (2) A clerk of the court at any place appointed for the holding of Magistrates Courts in a district shall furnish from time to time to the Executive Officer such information and particulars as may be necessary to enable the Commission to comply with subsection (1).". 12. Repeal of and new s. 11. Register of Licenses . Section 11 of the Principal Act is repealed and the following section is substituted:- "11. Register of Licenses . (1) The Commission shall keep a register to be called the " Register of Licenses ".

Liquor Act Amendment Act 1973, No. 81 697 (2) The Register of Licenses shall contain- (a) particulars of the names, arranged alphabetically, of the persons to whom licenses are granted, the nature in each case of the license, and whether it is removed, transferred, or temporary, and the premises in respect of which each license is granted; (b) particulars of the premises or vessel in respect of which licenses are granted, and the names of the owners and lessees and sub-lessees (if any) of the premises, with particulars of the nature and extent of their interest therein, and the names of the persons for the time being holding each license. (3) The Executive Officer shall, as the occasion may require, make such alterations and additions as are required in the Register of Licenses by reason of the granting of further licenses or the removal, transfer, transmission, cancellation, surrender, suspension, or forfeiture of licenses previously granted or any change in ownership; and shall note in such register the convictions, if any, and the nature thereof recorded against any licensee or licensed premises in any court of which he is officially informed.". 13. Repeal of s. 12. Extracts from registers . Section 12 of the Principal Act is repealed. 14. Amendment of s. 13. Register , etc., to be open for inspection. Section 13 of the Principal Act is amended- (a) by omitting the words " within a district "; and (b) by omitting the words " for such district ". 15. Amend m ent of s. 14 . Section 14 of the Principal Act is amended by adding to subsection (2) the following paragraph:- " Every inspector appointed by the Governor in Council under and for the purposes of the Health Act1937-1973 or by a Local Authority pursuant to that Act for the due execution of the provisions of that Act and the regulations and by-laws (as defined therein) shall for the purpose of properly performing his duties and functions under that Act and such by-laws in respect of licensed premises or premises in respect of which a permit under this Act is in force, have and may exercise the powers conferred by this Act on an inspector and, if the case requires it, shall be deemed to be an inspector appointed under and for the purposes of this Act." 16. Amendment of s. 14A. Power of inspectors. Section 14A of the Principal Act is amended by, in subparagraph (v)-- (a) inserting after the word " exhibited," the words " or of any books of account kept by or for any person who is the holder of a license or of a permit under this Act relating to the business conducted under the authority of such license or permit"; (b) adding at the end thereof the words " and, if the case requires it, take possession of and remove the same ".

698 Liquor Act Amendment Act 1973, No. 81 17. Repeal of ss . 15A and 15B and new s. 15A. Sections 15A and 15B of the Principal Act are repealed and the following section is substituted:- " 15A. Term of License. Subject to this Act a license in force immediately before the commencement of the Liquor Act Amendment Act 1973 or granted on or after that commencement shall remain in force (save during any period of suspension thereof under or pursuant to this Act) until it is cancelled, forfeited 'or surrendered under or pursuant to this Act.". 18. Amendment of s. 16. Licenses . Section 16 of the Principal Act is amended by inserting in subsection (1) after the words " (p) bottler's license " the following words:- <G (q) vigneron's license; (r) bistro license; (s) caterer's license ". 19. Amendment of s. 17. Maximum number of licenses . Section 17 of the Principal Act is amended- (a) by omitting the words "each of" (twice occurring); and (b) by omitting the words ", respectively,". 20. Amendment of s. 18. Annual fees. Section 18 of the Principal Act is amended- (a) by inserting after paragraph (ii) of subsection (1) the following paragraph :- " (iia) For a spirit merchant's (retail) license-a sum equal to six per centum of the gross amount (including all duties thereon) paid or payable for or in respect of all liquor which during the twelve months ended on the last day of June in the preceding year was purchased or otherwise obtained for the licensed premises;"; (b) by adding after paragraph (xii) of subsection (1) the following paragraphs:- 44 (xiii) For every vigneron 's license -twenty dollars, and, in addition, a further sum equal to six per centum of the gross amount (including all duties thereon) paid or payable to the licensee for all liquor which during the twelve months ended on the last day of June in the preceding year was sold or otherwise disposed of under such vigneron's license to persons other than persons licensed, at the time of the sale or disposal otherwise, under this Act or any act or law of the Commonwealth or of any other State or of any Territory of the Commonwealth to sell liquor; (xiv) For a bistro license-a sum equal to six per centum of the gross amount (including all duties thereon) paid or payable for or in respect of all liquor which dgririg the twelve months ended on the last day of June in the preceding year was purchased or otherwise obtained for the licensed premises;

Liquor Act Amendment Act 1973, No. 81 699 (xv) For every caterer's license-a sum equal to six per centum of the gross amount (including all duties thereon) paid or payable for or in respect of all liquor which during the twelve months ended on the last day of June in the preceding year was purchased or otherwise obtained for the licensed premises." (c) by omitting from subsection (4) the words " or function-room license " and substituting the words ", function-room license, spirit merchant's (retail) license, vigneron's license, restaurant license, bistro license or caterer's license "; (d) by inserting in subsection (4) after the words " licensed spirit merchant " (secondly occurring) the words " or the holder of a vigneron's license "; and (e) by omitting subsection (713) and substituting the following subsection:- "(7B) Any payment in respect of an assessment demanded under this section or a fixed annual fee shall be made to the Commission.". 21. 1' - :^ at of Heading. The heading "Booth Authority" appearing immediately before section 23 of the Principal Act is omitted and the heading " Booth License " is substituted. 22. Ar a of s. 23. B o oth licenses . Section 23 of the Principal Act is amended by omitting subsection ( 2) and substituting the following subsection:- " (2) The court shall not grant a Booth License in any case to a person who is disqualified by or under this Act from holding a license.". 23. Amendment of s. 24. Packet licenses. Section 24 of the Principal Act is amended by inserting after subsection (3) the following, subsection:- "(3A) The Licensing Court, before granting any packet license, shall hear and determine all objections thereto made personally or by petition to the Licensing Court by- (a) the owner of the vessel to which the application relates; (b) the owner or licensee of licensed victualler's premises. in the locality of any port or other place specified in the application and to or from which the vessel will ply., An objection may be made on any one or more of the following grounds:- (a) that the vessel to which the application relates is not suitable (regard being had to the sea-worthiness, size, nature, necessary conveniences, and any other prescribed matters and things) for licensing in accordance with the application; (b) in the case of an objection by the owner or licensee of licensed victualler's premises, that (regard being had to the requirements of the locality of the port or other place specified in the application and to or from

700 Liquor Act Amendment Act 1973, No. 81 which the vessel will ply) the granting of the license will adversely affect the economy of the business as such of the licensed victualler in those premises to an undue extent; (c) any other ground deemed by the Licensing Court to be sufficient.". 24. Amendment of s. 27. Spirit merchant' s license . Section 27 of the Principal Act is amended- (a) by inserting after subsection (1) the following subsection:- " (1A) The regulations may require notice of the application to be given to the public at such times and in such manner as may be prescribed."; (b) by omitting from subsection (3) the words " two gallons " and substituting the words " 9 litres "; (c) by inserting after subsection (4) the following subsections:- " (4A) The Licensing Court before granting any spirit merchant's ,license shall hear and determine all objections thereto made personally or by petition to the Licensing Court by- (a) the local authority of the city, town or shire in which the premises to which the application relates are or are to be situated; (b) any elector of the district in which the premises to which the application relates are or are to be situated; (c) the owner of the premises to which the application relates; (d) the owner or licensee of licensed victualler's premises in the locality of the site whereon the premises to which the application relates are or are to be situated. (4B) An objection to which subsection (4A) relates may be upon any one or more of the following grounds- (a) that the premises, or proposed premises, in respect of which the license is applied for are not suitable (regard being had to site, size, nature, necessary conveniences and any other prescribed matters and things) for licensing in accordance with the application; (b) in the case of an objection by the owner or licensee of licensed victualler's premises that, having regard to the requirements of the locality wherein the premises in respect of which the license is applied for are, or are to be, situated, the granting of the license will adversely affect the economy of the business as such of the licensed victualler in the licensed victualler's premises in the said locality to an undue extent; (c) any other ground deemed by the Licensing Court to be sufficient."; and (d) by inserting at the end thereof the following subsection:- " (7) The Licensing Court shall subject a spirit merchant's license to such provisions, conditions and restrictions as are prescribed and may subject it to such provisions, conditions and restrictions as it thinks fit and may, from time to time, subject to this Act, vary the same by notice in writing directed to the licensee.".

Liquor Act Amendment Act 1973, No. 81 701 25. Amendment of s. 27A. Spirit merchant ' s (retail ) license. Section 27A of the Principal Act is amended- (a) by inserting after subsection (1) the following subsection:- "(IA) The regulations may require notice of the application to be given to the public at such times and in such manner as may he prescribed."; (b) by omitting paragraph (b) of subsection (3) and substituting the following paragraph:- (b) that there is no other local source of liquor supply and that- (i) the inhabitants of the area, or a substantial part of them, do not regularly resort to any other area where liquor supplies are readily available; or (ii) where the Licensing Court is not satisfied of the matter specified in subparagraph (i) of this paragraph (b), that the applicant is able to adduce cogent positive evidence of that matter; (c) by omitting from subsection (4) the figures " 18," and the proviso to that subsection; (d) by insertin- after subsection (4) the following subsections:- " (4A) The Licensing Court, before granting any spirit merchant's (retail) license, shall hear and determine all objections thereto made personally or by petition to the Licensing Court by- (a) the local authority of the city, town or shire in which the premises to which the application relates are or are to be situated; (b) any elector of the district in which the premises to which the application relates are or are to be situated; (c) the owner of the premises to which the application relates: (d) the owner or licensee of licensed victualler's premises in the locality of the site whereon the premises to which the application relates are or are to be situated. (4a) An objection to which subsection (4A) relates may be made on any one or more of the following grounds:- (a) that the premises or proposed premises to which the application relates are not suitable for licensing in accordance with the application; (b) in the case of an objection by the owner or licensee of licensed victualler's premises, that, having regard to the requirements of the locality wherein the premises to which the application relates are or are to be situated, the granting of the license will adversely affect the economy of the business as such of the licensed victualler in those licensed victualler's premises to an undue extent; (c) any other ground deemed by the Licensing Court to be sufficient. 26. New s. 28. Vigneron ' s license . The following section is inserted he Principal Act after section 27A:- " 28. Vigneron's license . (1) A vigneron's license may be granted in the prescribed form by the Licensing Court to any person not disqualified by this Act from holding such a license.

702 Liquor Act Amendment Act 1973, No. 81 (2) For the purpose of obtaining a vigneron's license, a person shall make application in the prescribed form to the Licensing Court. (3) Every application for a license under this section shall- (a) specify the location of the premises in which the applicant proposes to carry on the business of vigneron; (b) specify any other business that is or is to be carried on in the premises; (c) indicate the approximate distance of the nearest licensed premises from the site where the applicant proposes to carry on the business of vigneron; (d) include or be accompanied by such particulars as are prescribed or as are required by the Executive Officer. (4) Every vigneron's license shall, subject to subsection (5), authorise the person thereby licensed to sell and dispose of mead, wine, cider or perry on any day (except Sunday, Good Friday and Christmas Day) between the hours of eight o'clock before noon and seven o'clock after noon. (5) The mead, wine, cider or perry authorised by a vigneron's license to be sold or disposed of by the licensee is mead, wine, cider or perry that is- (i) the produce of honey or fruit produced or grown within Australia; (ii) to the extent of at least seventy per centum made by the licensee and is to the extent to which it is not made by him used only for the purpose of blending with mead, wine, cider or perry made by him; (iii) sold at the place at which the licensee makes mead, wine, cider or perry; and (iv) not intended to be consumed and is not consumed on the premises where the same is made, sold or offered for sale, subject to subsection (6). (6) A vigneron's license may provide that the holder thereof may supply free of charge for consumption on any specified portion of the licensed premises any wine or other fermented liquor by way of sample. (7) The provisions of sections 35, 47A and 47B shall apply with all necessary adaptations in respect of a vigneron's license as if such license were a spirit merchant's license and the holder thereof a licensed spirit merchant. (8) The Licensing Court shall subject a vigneron's license to such provisions, conditions and restrictions as are prescribed and may subject it to such provisions, conditions and restrictions as it thinks fit and may, from time to time, subject to this Act, vary the same by notice in writing directed to the licensee.

Liquor Act Amendment Act 1973, No. 81 703 (9) The Licensing Court before granting any vigneron's license shall hear and determine all objections thereto made personally or by petition to the Licensing Court by- (a) the local authority of the city, town or shire in which the premises to which the application relates are, or are to be, situated; (b) any elector of the district in which the premises to which the application relates are, or are to be, situated; (c) the owner of the premises to which the application relates; (d) the owner or licensee of licensed victualler's premises in the locality of the site whereon the premises to which the application relates are, or are to be, situated. (10) An objection to which subsection (9) relates may be upon any one or more of the following grounds- (a) that the premises, or proposed premises, in respect of which the license is applied for are not suitable (regard being had to site, size, nature, necessary conveniences and any other prescribed matters and things) for licensing in accordance with the application; (b) in the case of an objection by the owner or licensee of licensed victualler's premises that, having regard to the requirements of the locality wherein the premises in respect of which the license is applied for are, or are to be, situated, the granting of the license will adversely affect the economy of the business as such of the licensed- victualler in those licensed victualler's premises in the said locality to an undue extent; (c) any other ground deemed by the Licensing Court -to be sufficient. (11) All permits granted by the Commission under section 5 (b) before the commencement of the Liquor Act Amendment Act 1973 and in force immediately before that commencement, shall remain in force, subject to such provisions, conditions and restrictions as were originally imposed, for a period of ninety days after the date of the said commencement and on the expiration of that period shall cease to have any operation or effect.". 27. Amendment of s. 29. Transfer of licenses , etc. Section 29 of the Principal Act is amended by omitting from subsection (3) the words ", and shall forthwith advise the clerk of petty sessions at the principal place appointed for holding courts of petty sessions in the district concerned ". 28. Amendment of s. 34. Duplicate license, etc., in case of loss, etc. Section 34 of the Principal Act is amended by omitting the second paragraph thereof (being the paragraph commencing with the words " Every such duplicate license ") and substituting the following paragraph:- " The Executive Officer shall record on every such duplicate license or permit all entries appearing in the Register of Licenses and shall certify thereon that such entries so recorded are a true copy of the entries in such register.".

704 Liquor Act Amendment Act 1973, No. 81 29. Amendm ent of s. 35. Change of premises of licensed spirit merchant and licensed club. Section 35 of the Principal Act is amended by inserting after the first paragraph the following paragraph: " For the purposes of an application for a change of premises under this section the Licensing Court shall hear and consider objections as if the application were one for a spirit merchant's license or, as the case may be, a club license and the provisions of this Act that govern an application for one or other of those licenses (whichever are appropriate to the case) shall, with all necessary adaptations, apply thereto.". 30. Amendment of s. 36. Powers as to cancellation , etc. Section 36 of the Principal Act is amended by omitting from subparagraph (a) of subsection (1) the words " of its own motion" and substituting the words " on the motion of the Commission ". 31. Amendment of s. 47A. Forfeiture of lice nses for cause. Section 47A is amended- (a) by omitting from subsection (2) paragraph (j) and substituting the following paragraph:- (j) That the licensee does not keep in stock or does not supply (for consumption off the licensed premises) in reasonable quantities all classes, kinds, brands and descriptions of wines or spirits or packaged beer that are reasonably obtainable in Queensland by the licensee;"; (b) by omitting subsection (3) and substituting the following subsections:- " (3) The ground for forfeiture prescribed by paragraph (j) of subsection (2) does not constitute a valid ground for forfeiture of a license if the Commission has certified in writing in respect of the failure to stock or supply in question that, in its opinion, the failure was reasonable, having regard to all the circumstances and should be excused. (4) In this section the expression " packaged beer " means beer that is supplied in sealed bottles, cans or like containers and does not include draught beer stored in a cask, barrel, keg or like container in which bulk beer is stored.". 32. New s. 47C. The Principal Act is amended by inserting after section 47B the following section:- 47C. Restrictive provisions a nullity. (1) After the passing of the Liquor Act Amendment Act 1973 a provision of any document of title, contract or agreement made between an owner or lessee of licensed victualler's premises or a licensed victualler and any person or of any other document made by an owner or lessee of licensed victualler's premises or a licensed victualler for the benefit of any person, which in any case purports to restrict the freedom of the licensee of the licensed victualler's premises concerned to stock or supply liquor of all classes, kinds, brands and descriptions or which, in its practical effect, restricts or is calculated to restrict that freedom- (a) in so far as it so purports or has that effect in relation to the freedom of the licensee to stock and supply wines, spirits or packaged beer shall be of no force and effect and no action shall lie to enforce that provision or for damages for an alleged breach thereof;

Liquor Act Amendment Act 1973, No. 81 705 (b) in so far as it so purports or has that effect in relation to the freedom of the licensee to stock and supply liquor other than wines, spirits or packaged beer shall be of full force and effect only if and for as long as the person for whose benefit it is intended to operate or a successor in title to him- (i) retains a proprietary interest as owner or lessee in the licensed victualler's premises concerned; or (ii) is a person to whom the owner, lessee or licensee of the licensed victualler's premises concerned is indebted under any mortgage, encumbrance or charge in respect of the licensed premises (but not in respect of liquor being the stock in trade of those premises). but at any time when the conditions prescribed by this subparagraph (b) are not satisfied, shall be of no force and effect and no action shall lie to enforce that provision or for damages for an alleged breach thereof. (2) The operation of subsection (1)- (a) shall not be taken to render null and void any contract or agreement that contains or is subject to a provision such as is referred to in that subsection; (b) shall not be taken to determine any tenure that is dependent on or is subject to the due operation of a provision such as is referred to in that subsection, notwithstanding the terms of the contract or agreement or of the document that evidences the tenure or any condition thereof. (3) A purported rescission or repudiation of any contract or agreement or a purported termination of any tenure made in any case because of a breach of a provision such as is referred to in subsection (1) committed or alleged to have been committed at a time when that provision is of no force and effect as prescribed by that subsection or because of the operation of that subsection shall not be of any force or effect notwithstanding the terms of the contract or agreement or of the document that evidences the tenure or any condition thereof. (4) The provisions of this section apply in respect of any contract, agreement or other document such as is referred to in subsection (1) whether existing at the passing of the Liquor Act Amendment Act 1973 or made thereafter. (5) In this section the expression "packaged beer" means beer that is supplied in sealed bottles, cans or like containers and does not include draught beer stored in a cask, barrel, keg or like container in which bulk beer is stored.". 33.. it of s. 48. Remo v al of cancelled , surrendered or forfeited He e ,.other locality. Section 48 of the Principal Act is amended by addii g at the end thereof the following subsection:- (5) Notwithstanding any other provision of this Act, a brewer may submit a tender for the purchase of a licensed victualler's license.".

706 Liquor Act Amendment Act 1973, No. 81 34. Amendment of s. 48B . Further action with respect to accepted tender. Section 48B of the Principal Act is amended- (a) by omitting from paragraph (b) of subsection (2) the words " and for petitions for the taking of a local option vote under Part VIIIA of this Act "; (b) by omitting the last paragraph of subsection (3) (being the paragraph commencing with the words "A petition for "); (c) by omitting from subsection (4) the words " or petition " (twice occurring); (d) by omitting from subsection (5) the words " and petitions ;" and (e) by omitting from subsection (6) the words " and petition ". 35. Amendment of s. 48C . Regulation of Commission ' s power to remove licensed victualler ' s license . Section 48c of the Principal Act is amended- (a) by omitting from paragraph (a) of subsection (1) the words or petitions "; (b) by omitting paragraph (c) of subsection (1); and (c) by omitting from paragraph (a) of subsection (2) the words and the clerk of the court for the district to which the license is to be removed ". 36. Repeal of ss. 48D, 48E and 48F . Sections 48D, 48E and 48r of the Principal Act are repealed. 37. Repeal of s. 49. Licensed victualler ' s license for international class premises . Section 49 of the Principal Act is repealed. 38. Amendment of s. 49A. Removal of subsisting licensed victuallers' licenses . Section 49A of the Principal Act is amended by omitting subparagraph (b) of the fifth paragraph of subsection (1) (being the paragraph commencing with the words " The notice to show cause ") and substituting the following subparagraph:- (b) may be served personally or in such manner as is prescribed on the Town Clerk or Shire Clerk, as the case may be of the Local Authority in which the licensed premises in question are situated.". 39. Amendments in relation to age of persons to whom liquor may be lawfully supplied and related matters . The Principal Act is amended as set out in the Second Schedule. 40. Amendments in relation to penalties for offences and in particular for offences with respect to sale to , and consumption by, under-age persons of liquor in licensed premises and related matters . The Principal Act is amended as set out in the Third Schedule. 41. Amendment of s. 61A. Certificate as to age. Section 61A of the Principal Act is amended by omitting subsection (3).

Liquor Act Amendment Act 1973, No. 81 707 42. New ss. 61B, 61C and 61D. The Principal Act is amended by inserting after section 61A the following sections:- " 61B. Liability for offence by agent or employee. (1) Notwithstanding section 7 or 23 of The Criminal Code or any other Act, rule of law or practice, where an offence that consists of a contravention or failure to comply with any provision of section 58 (1), 59, 60 (1) or 60A (7) is committed by any person as an agent or employee, the principal or employer of that person shall be deemed to have taken part in committing the- offence and to be guilty of the offence and may be charged with actually committing the offence. It is immaterial to the liability of a principal or employer for an offence referred to in this subsection that- (a) the offence was committed without his authority or contrary to his instructions; or (b) the offence occurred independently of the exercise of his will. (2) A person is not liable for an offence referred to in subsection ( 1) committed by him as an employee if the adjudicating court is satisfied that the offence was committed at a time and place when and where the business of his employer was being conducted under the personal superintendence of the employer or his manager or other representative and that the offence was committed with the knowledge of the employer, manager or, as the case may be , other representative. (3) Save as prescribed by subsection ( 2) this section does not affect the liability of any person who actually commits an offence referred to in subsection (1). 61C. Right of recovery against another of penalty and costs. (1) A person convicted of an offence referred to in section 61B (1), upon proving- (a) that the offence was committed by him as an agent or employee; and (b) that at the time when the offence was committed he did not know that any provision of the section of this Act a contravention whereof or failure to comply with which constituted the offence had been contravened or not complied with, whether or not his principal or employer has been charged with the offence or has been punished therefor , may recover from his principal or employer as a debt due to him the amount of any penalty and costs he has been ordered to pay upon his conviction, together with the amount of costs and expenses actually and reasonably incurred by him in and in connexion with his defence to the charge of the ofence. (2) A person convicted of an offence referred to in section 61B (1), upon proving- (a) that he was deemed to have taken part in committing the offence and was charged with the offence only by reason of his being principal or employer of the actual offender; and

708 Liquor Act Amendment Act 1973, No. 81 (b) that the contravention or failure to comply that constituted the offence occurred without his knowledge and authority, whether or not the actual offender has been charged with the offence or has been punished therefor, may recover from the actual offender as a debt due to him the amount of any penalty and costs he has been ordered to pay upon his conviction, together with the amount of costs and expenses actually and reasonably incurred by him in and in connexion with his defence to the charge of the offence. 61D. Defences to charge to which age material. In a proceeding against any person fpr an offence that consists of a contravention or failure to comply with any provision of section 58 (1), 59, 60 (1) or 60A (7) to which the age or apparent age of any other person is material it is a defence to prove that the defendant, (where he is the actual offender) or his agent qr employee (where he is defendant as principal or employer by reason only of his being deemed to have taken part in committing the offence)- (a) did, at the time when the offence was committed, honestly and reasonably believe that the person whose age is material to the offence was of or above the age of eighteen years; or (b) at the time when the offence was committed, had obtained from the person whose age is material to the offence a certificate referred to in section 61A that indicated that person to be of or above the age of eighteen years, and the operation of section 24 of The Criminal Code is excluded accordingly.". 43. Amendment of s. 62. Bars and adjoining rooms . Section 62 of the Principal Act is amended by omitting from subsection (8) the words " or bona fide traveller ". 44. New s. 67D. The following section is inserted in the Principal Act after section 67c: " 67D. Refusal to supply person with drink. (1) Subject to subsection (3), any licensed victualler, or servant of a licensed victualler, who refuses to supply any person in any public bar with a drink, whether alcoholic or not, of a kind and-of a measure normally served in that bar, upon such person requesting the supply of such drink' and tendering the amount of money lawfully chargeable and normally charged in that bar for the drink, during the hours in which liquor may be lawfully sold or supplied in that public bar shall be liable to a penalty not exceeding $400. (2) In subsection (1) the expression " servant of a licensed victualler " includes any person serving in the public bar in question. (3) No licensed victualler or servant of a licensed victualler is obliged under this section to supply any person -with a drink in a public bar who is or is reasonably suspected to be intoxicated,

Liquor Act Amendment Act 1973, No. 81 709 mentally sick, violent, quarrelsome , abusive or disorderly or whose presence in such bar would subject the licensed victualler to a penalty under this Act.". 45. Amendment of s. 68A. O bligation to provide board and meals. Section 68A of the Principal Act is amended by omitting from subsection (I) the words " whether bona fide travellers or not " wherever they occur. 46. Amendment of s. 68B. Restrictions on sale of liquor on licensed premi se s elsewhere than in bars . Section 68n of the Principal Act is amended- (a) by inserting in subsection (3) after the words " the provisions of ", the words " subsection (10) of "; and (b) by omitting from subsection (3) the words ", to a bona fide traveller or with the provisions of subsections ( 8n), (8E ), (8F), (8K), (8L), (8M) of that section ". _Ant of s. 68e . Hours when licensed victualler ' s premises u_ , Section 68c of the Principal Act is amended by adding to subeec i on (2) the words " but notwithstanding the foregoing provisions of this section , a licensed victualler shall not be obliged by any provision of this section to keep his licensed premises open for the sale of liquor on any day appointed by or under The Holidays Acts 1912 to 1961 to be, or be kept as, a holiday or on any day, or afternoon of a day, deemed to be a holiday for the purposes of those Acts in the locality in which the licensed premises are situated ". 48. Amendment of s. 69. Licensed victualler ' s hours of trading. Section 69 of the Principal Act is amended- (a) by omitting from subsection (4) the word " district " wherever it occurs and substituting in each case the words " locality, city or town "; (b) by inserting after subsection (11) the following subsection:- "(I IA) Subject to the approval of the Commission first had and obtained, a licensed victualler may sell or supply liquor in a cocktail bar that is part of, or adjacent to, a dining room on the licensed premises to persons who intend bona fide to partake of a meal in the dining room or who have bona fide partaken of a meal therein, on any day on which, pursuant to subsection (10), the licensed victualler may sell or supply liquor to persons in circumstances therein specified and during the hours specified in the said subsection in relation to the day in question and the persons to whom the liquor is sold or supplied pursuant to this subsection may drink or. consume that liquor on the day in question and during the hours as specified in relation to that day. Liquor served pursuant to subsection (10) or this subsection in a dining room or a cocktail bar in or adjacent to a dining room, of the licensed premises of a licensed victualler may be served according as it is sought."; and (c) by inserting in subsection (12) after the words "or by any person " the words " in a cocktail bar in or adjacent to a dining room or".

710 Liquor Act Amendment Act 1973, No. 81 49. Amendment of s. 75. Dancing etc. on licensed premises and private Wrings of licensed premises . Section 75 of the Principal Act is amended- (a) by omitting subsections (1) and (2) and substituting the following subsections:- (1) Upon the application of a licensed victualler, (a) dancing or public singing may be permitted on any part of the licensed premises of the licensed victualler open to public resort; (b) any part of the licensed premises of the licensed victualler may be permitted to be used for theatrical representations, public musical performances, performances for entertainment purposes of whatever description (including athletic or sporting performances) or as a place of common resort to which admission is by ticket or special payment. (IA) If permission under subsection (1) is sought in respect of a period exceeding six months the application therefor shall be made to the Commission but otherwise to the court. (IB) Permission under subsection (1) may be given in respect of a period specified therein (not exceeding in any case a period of twelve months) or without any specification of time therein, in which case it shall be taken to subsist until it is revoked by the granting authority or made subject to a time limitation by way of variation under subsection (2), and, if given, shall in every case be in writing. (Ic) Notwithstanding section 69 permission under subsection (1) may be sought for, and (if granted) may authorize the sale, supply and consumption of liquor in the room or place on the licensed premises to which the application therefor relates within the hours for which the permission is to subsist. (2) The Commission or, as the case may be, the court to which application is duly made for permission under subsection (1)- (a) may subject its permission to such terms and conditions as it thinks fit and specifies in its permission; (b) may, at any time, by notice in writing given to the licensed victualler personally or by post, revoke the permission or vary the terms and conditions thereof or its duration as it thinks fit. A notice given under this subsection shall be deemed to be part of the permission to which it relates. (b) by omitting subsection (6) and substituting the following subsection:- " (6) An application under subsection (5) may seek the permission of the court for the sale, supply and consumption of liquor in the premises hired within the hours for which the permission is to subsist. Such liquor may be procured from the licensed victualler subject to such conditions as the court thinks fit and specifies in the permission.". 50. Amendment of s. 75A. Exemption from ss. 75 and 166A . Section 75A of the Principal Act is amended by omitting the words " subsection (8N) " and substituting the words " subsection (13) "

Liquor Act Amendment Act 1973, No. 81 711 51. Amendment of s. 78A. Emergency powers . Section 78A of the Principal Act is amended by omitting from paragraph (e) of subsection (1) the words " or bona fide traveller " (twice occurring). 52. Amendment of s. 84. Abandon ment of licensed premises. Section 84 of the Principal Act is amended by omitting from subparagraph (b) of the first paragraph of subsection (1) the word " Commissioner " and substituting the word " Commission ". 53. Amendment of s. 93. Disposal of property left by lodgers on licensed victualler's premises. Section 93 of the Principal Act is amended- (a) by omitting from the first paragraph the words " horses, carriages, or other "; and (b) by omitting from the second paragraph the words " and of the maintenance of any such horses in the meantime ". 54. - -A en t in relation to : Ig®gition of designation " clerk of Petty ,, " to " clerk of tT ^ cr ". The Principal Act is amended as set out in the Fourth Schedule. 55. A - t of s. 100. Record of convictio ns on license at discretion of Ccirt. Section 100 of the Principal Act is amended by omitting from the first paragraph the words "clerk of petty sessions" and substituting the words " Executive Officer ". 56. Amendment of s. 101. Recr the Principal Act is amended- convictions. Section 101 of (a) by omitting from subsection (1) the words "Part I of the register of licenses by the clerk of petty sessions " and substituting the words " the Register of Licenses by the Executive Officer "; (b) by omitting from subsection (2) the words " Part II of "; and (c) by omitting from subsection (2) the words " the said Part II of ". 57. A-- of s. 102. Notice to owner of record . Section 102 of the Principal Act is amended by omitting the words "clerk of petty sessions " and substituting the words " Executive Officer ". 58. Repeal of s. 103. License to he retained on forfei ture. Section 103 of the Principal Act is repealed. 59. A it of s. 105. Transfer where lease determined on account of endorsemer of license . Section 105 of the Principal Act is amended by omitting from subsection (1) the words " Part II of ". 60. A - to of s. 108. Bulk liquor sales by certain persons only. Section 108 of the Principal Act is amended- (a) by omitting the words " two gallons " and substituting the words " 9 litres "; (b) by omitting the word " or " where it occurs between provisions (d) and (e) ;

712 Liquor Act Amendment Act 1973, No. 81 (c) by adding after provision (e) the following provisions:- 44 (f) a holder of a vigneron's license so authorized by his license; or (g) a holder of a caterer's license.". 61. Amendment of s. 109. Restrictions on trade of spirit merchant. Section 109 of the Principal Act is amended by omitting the words " two gallons " wherever they occur and substituting in each case the words " 9 litres ". 62. Amendment of s. 113. Quantity of spirits kept by brewers. Section 113 of the Principal Act is amended by omitting the words " six imperial gallons " and substituting the words " 27 litres ". 63. Am en dm ent of s . 117. Ex-servicemen 's clubs. Section 117 of the Principal Act is amended- (a) by omitting the proviso to paragraph (c) of subsection (1) and substituting the following proviso:- " Provided however that a spouse, father, mother, son, daughter, brother or sister of a serviceman, ex-serviceman (whether living or deceased) or member of the permanent forces as aforesaid may be admitted as an associate member of the club.". 64. Repeal of and new s . 121. Restrictions on sale, etc., of liquor in lice nse d clubs . Section 121 of the Principal Act is repealed and the following section is substituted:- "121. Restrictions on sale, etc ., of liquor in licensed clubs. (1) A licensed club shall not- (a) sell or supply liquor to a person save a member of that club, a guest of a member of that club or, in the case of a licensed bowling club or golf club, a member of another bowling club or, as the case may be, golf club; (b) sell or supply liquor to, or permit or suffer liquor to be consumed on its licensed premises by, a person under the age of eighteen years, a person in a state of intoxication, an habitual drunkard, a mentally sick person, or a person reasonably suspected to be mentally sick, or a prohibited person; (c) (being a licensed bowling club or licensed golf club) sell or supply liquor for consumption elsewhere than on its licensed premises or permit or suffer liquor to be carried away from its licensed premises. (2) A casual visitor who plays golf on a golf course of a golf club, or bowls at a bowling club, during the currency of the permission given by the club, or an authorized official of the club, for such casual visitor to play golf on such course or, as the case may be, bowls at the bowling club and pays the fee normally charged for such privilege shall for the purposes of this section only, be deemed to be a member of the golf or bowling club in question during the said currency.

Liquor Act Amendment Act 1973, No. 81 713 (3) A licensed bowling club or a licensed golf club shall not sell or supply liquor, or permit or suffer liquor to be consumed on its licensed premises- (a) on a day on which the premises of that club are not used for the purpose of playing or carrying on the game of bowls or, as the case may be, golf; (b) on Christmas Day or Good Friday; (c) on Anzac Day except between the hours of one o'clock and eight o'clock after noon; (d) subject to subsections (4) and (5) on any day other than a day specified in subparagraphs (a), (b) and (c) except between the hours of ten o'clock before noon and eight o'clock after noon. (4) When the Commission is satisfied that the premises of a licensed bowling club are, during a particular period, regularly used for a reasonable period after the hour of eight o'clock after noon for the purpose of playing or carrying on the game of bowls, it may, by permit in writing but subject to the prohibition of subsection (3) in relation to days specified in subparagraphs (a), (b) and (c) of that subsection authorize the club to sell and supply liquor and to permit and suffer liquor to be consumed on its licensed premises on a day on which its premises are being so used for that purpose, for a period specified in the permit, being a reasonable period after the hour of eight o'clock after noon but not later than the hour of ten o'clock after noon whereupon that club may sell and supply liquor and permit and suffer liquor to be consumed on its licensed premises as so authorized. (5) When the Licensing Court is satisfied that a nuisance is caused by noise coming from the premises of a licensed bowling club or of a licensed golf club or from the environs of such premises, it may, on the recommendation of the Commission, restrict the sale and supply of liquor by the club to between the hour of ten o'clock before noon and the hour of seven o'clock after noon on any day on which such premises are used for the purpose of playing or carrying on the game of bowls or, as the case may be, golf and while the order made under this subsection remains in force paragraph (d) of subsection (3) shall apply in relation to the club in question as if the word " seven " had been substituted for the word " eight ". Any order under this subsection may at any time be varied or revoked. (6) A licensed club (not being a licensed bowling club or a licensed golf club) shall not sell or supply liquor or permit or suffer liquor to be consumed on its licensed premises- (a) on Christmas Day or Good Friday; (b) on Anzac Day except between the hours of one o'clock and ten o'clock after noon; (c) on any day other than a day hereinbefore specified in this subsection except, in the case of a particular licensed club in respect of which an order of the Licensing Court pursuant to subsection (7) remains in force, between the hours and for the period within

714 Liquor Act Amendment Act 1973, No. 81 those hours fixed by the Licensing Court in respect of that club and in the case of any other licensed club to which this subsection applies, between the hours of ten o'clock before noon and ten o'clock after noon. (7) Upon the application of a licensed club (not being a licensed bowling club or a licensed golf club) the Licensing Court may from time to time, fix hours between which and the period within those hours during which the licensed club may sell or supply or permit or suffer liquor to be consumed on its licensed premises, having regard to the location of the licensed club and the needs of its members but in no case shall a period, being a continuous period, or the aggregate of periods, being broken periods fixed by the Licensing Court under this subsection, exceed twelve hours in any period of twenty-four hours. Any order made pursuant to this subsection may at any time be varied or revoked. (8) When the Licensing Court is satisfied that a nuisance is caused by noise coming from the premises of a licensed club (not being a licensed bowling club or a licensed golf club) or from the environs of such premises it may, on the recommendation of the Commission, restrict the sale and supply of liquor by the club to between the hour of ten o'clock before noon and the hour of seven o'clock after noon and while the order made under this subsection remains in force paragraph (c) of subsection (6) shall apply in relation to the club in question as if- (a) in the case of a club in respect of which an order made pursuant to subsection (7) is in force, the order authorized the sale, supply or consumption of liquor on its licensed premises to an hour not later than seven o'clock after noon; (b) in the case of any other licensed club, the expression " seven o'clock after noon" had been substituted for the expression " ten o'clock after noon ". (9) Subsection (6) does not apply with respect to- (a) the consuming of liquor in the licensed premises of a club by, or by a guest of, a bona fide lodger in residential accommodation provided by the club in those premises if the liquor is not consumed at or in a bar or place where liquor is sold or supplied over the counter in the licensed premises in question; or (b) the sale or supplying of any liquor for the purpose of the same being consumed by persons and in circumstances which would render the consumption of the liquor within the purview of paragraph (a). (10) The Licensing Court, on the application of the Commission, may by order impose conditions and limitations in respect of the sale and supply, and the permitting or suffering the consumption of liquor by a licensed club during the hours during which such sale, supply, permitting or suffering is authorized or not prohibited by or in pursuance of this section (hereinafter in this section referred to as the " permitted hours ")

Liquor Act A m endment Act 1973, No. 715 on any Sunday either generally or in relation to a particular locality or par ticular - premi sw and m ay at any t ime vary or revoke an order made pursuant to this subsection. (11) In the event of- (a) non-compliance by a licensed club with any condition or limitation imposed by the Licensing Court pursuant to subsection ( 10); or (b) the sale, supply or permitting or suffering the consumption of liquor by a licensed club on its licensed premises on any Sunday at a time when the supply and the permitting or suffering the consumption thereof is prohibited or not authorized or permitted by subsection (3) or (6) the Licensing Court may , upon notice to the licensed club and affording the club the opportunity to be heard , whether or not proceedings as for an offence have been taken against the licensed club with respect to the matter, by order prohibit , either for- a sp eci fied period or until further order , the sale and supply, and the permitting or suffering the consumption of liquor on the licensed premises of the licensed club, or any specified part of those premises , during the permitted hours on any Sunday and the licensed club shall not contravene the order in any respect. (12) Notwithstanding subsection (3) the Commission may, by permit in writing , authorize a licensed bowling club or a licensed golf club to sell and supply liquor to its members and their guests between the hours of eight o'clock after noon and twelve midnight at a function of the club, at a function of any member of the club, or to any person, whether a member or a non-member , at a function , convention or such like meeting or occasion approved by the corgi ,m '. ` or other governing body of the club but no more than fi y- o p, rmits shall be granted under this subsection to any one club in any calendar year. (13) A permit granted under subsection ( 12) shall authorize consumption of liquor on the licensed premises of the club at the function or other occasion for which it was granted until one o'clock before noon on the day next following the date on which such function or occasion commenced and shall authorize the club to permit the consumption of liquor accordingly. (14) Subsection ( 3) applies subject to subsections (12) and (15) Notwithstanding subsection ( 6) the Commission may by permit in writing authorize a licensed club (not being a licensed bowling club or a licensed golf club) to sell and supply liquor to, and to permit or suffer liquor to be consumed by, members of the club and guests of members on its licensed premises between the hours specified in the permit at a special function of that club, but not more than fifty - two permits under this subsection shall be granted to any one club in any calendar year.

716 Liquor Act Amendment Act 1973, No. 81 (16) Where this section is contravened in any respect by a club each and every one of the following shall be deemed to have committed that contravention and shall be liable to be proceeded 'against and punished accordingly, that is to say- (a) the person who actually committed the contravention; (b) any and every member of the committee or other governing body, by whatever name called, of the club; (c) the secretary of the club; and (d) if the club is incorporated, its managing director, manager, or other governing officer, by whatever name called. (17) A person liable for a contravention of this section shall for the first contravention be liable to a penalty of not less than $50 or more than $100 and for a second or subsequent contravention, whether against the same or different provisions of this section, to a penalty of not less than $100 or more than $200. (18) Notwithstanding the foregoing provisions of this section a person shall not commit an offence against any provision of this section by reason only that on any day he drinks or consumes on the licensed premises of a licensed club liquor, lawfully sold or supplied to him, during a period of fifteen minutes after the hours prescribed by this section in respect of that club for that day for the lawful sale or supply by that club of liquor and the licensed club shall not commit any such offence by reason only of its permitting such person to so drink or consume that liquor.". 65. Amendment of s. 122. Application for club license . Section 122 of the Principal Act is amended by omitting from the first paragraph of subsection (3) the words " registered club license, an ex-servicemen's club license, a workers' club license, or a principal sporting club " and substituting the words " license under this Part ". 66. Repeal of s. 123 . The Queensland Police Welfare Club. Section 123 of the Principal Act is repealed. 67. Amendment of s. 125AB . Power to grant restaurant licenses. Section 125AB of the Principal Act is amended by omitting from subsection (1) all words occurring after the words " grant restaurant licenses ". 68. Amendment of s. 125AD. Restrictions on the granting of restaurant licenses. Section 125AD of the Principal Act is amended by omitting subsection (5) and substituting the following subsection:- " (5) Every bistro license granted before and in force at the date of the commencement of the Liquor Act Amendment Act 1973 shall be deemed to be a restaurant license granted under and in accordance with this section and shall continue in force under and subject to this Act as if it were a restaurant license.".

Liquor Act Amendment Act 1973, No. 81 733 164E. O bjections to grant of historic inn license. (1) Before granting an historic inn license the Licensing Court shall hear and consider objections, if any, made personally or by petition to the Licensing Court by- (a) the Local Authority of the city, town or shire in which the premises to which the application relates are situated; (b) any elector of the district in which the premises to which the application relates are situated; (c) the owner or licensee of licensed victualler's premises in the locality of the site whereon the premises to which the application relates are situated. (2) An objection may be upon one or more of the grounds referred to in section 122 as a ground for objection to the granting of a license under Part VI. 164F. Historic inn licenses. An historic inn license shall authorize the licensee to conduct in the licensed premises specified in the license the business of a licensed victualler and such license the licensed premises specified therein, the licensee and the persons who are employed in those premises or who resort thereto shall be subject- (a) to the provisions of this Act as if the license were a licensed victualler's license and the licensed premises were the licensed premises of a licensed victualler but, where the Governor in Council has exercised the power conferred on him by section 164A (1) (b), subject to and. in accordance with the exemptions thereby prescribed; (b) in a case where conditions have been duly imposed pursuant to section 164A (1) (a), to the conditions to which the license or, as the case may be, licensed premises are subject for the time being. 164G. Al " ;, etc., to historic inn. (1) Where an application is mac under this Act for approval to adding to, altering or rebuilding licensed premises that are declared to be an historic inn the Executive Officer-- (a) shall give to each preservation society written notice of the making of the application and of the entitlement of the society (hereby conferred) to put its views thereon to the Commission by way of oral submissions or in writing; (b) shall make available for inspection on behalf of each preservation society the plans and specifications lodged with him in connexion with the application and shall permit the taking on behalf of each such society of copies of or extracts from sach plans and specifications. (2) In its consideration of each application with a view to making its recommendation thereon to the Licensing Court the Commission shall have regard to the views of any preservation society that are put before it.

734 Liquor Act Amendment Act 1973, No. 81 (3) In this section the expression " preservation society has the meaning assigned to it by section 164B (4).". 95. Amendment of s. 166A. Liquor in , or in the vicinity of, dance halls . Section 166A of the Principal Act is amended by omitting from subsection (3A) the words " subsection (2) " and substituting the words " subsection (4) ". 96. Amendment of s. 166B . Ball permits. Section 166B of the Principal Act is amended by omitting from the fourth paragraph of subsection (I) (being the paragraph commencing with the words " The Commission may grant ") the words " one ball permit " and substituting the words " three ball permits ". 97. Amendment of s. 166D . Unlicensed club permits . Section 166D of the Principal Act is amended by adding after paragraph (vi) of subsection (2) the following paragraph:- (vii) while it remains in force and for so long as the provisions of this section and the conditions specified in the permit are complied with, shall be lawful authority for dancing to take place on the premises on which such function is being held.". 98. Amendment of s. 167. Fees. Section 167 of the Principal Act is amended by omitting from subsection (2) the words " or the clerk of petty sessions, as the case may require,". 99. Amendments in relation to transfer of functions from secretary to Executive Officer of the Commission . The Principal Act is amended as set out in the Fifth Schedule. 100. Amendments in relation to transfer of certain functions of Commission to Executive O fficer or Registrar . The Principal Act is amended as set out in the Sixth Schedule.

Liquor Act Amendment Act 1973, No. 81 735 THE SCHEDULES FIRST SCHEDULE [s. 6] Amendments in relation to transfer of Functions from Commission. to Licensing Court Provisions amended Section 5 Section 18 (7F) Section 19 (3) Section 22 (la) Section 22 (lb) Section 22 (3) Section 22 (6) Section 24 Section 27 Section 27A Section 31 Section 33 (4) Section 35 Section 36 Section 37 Section 38 Section 39 Amendments Omit the word " Commission ( wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court ". Omit the word " Commission " ( secondly occurring) and substitute the words " Licensing Court ". (a) Insert before the words " the Commission " (firstly occurring), the words " the Licensing Court or "; and (b) Omit the word " Commission " ( secondly occurring ) and substitute the words " Licensing Court or, as the case may be, the Commission ". Omit the word " Commissi o n " and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words "Licensing Court ". (a) Insert, before the words " the Commission " (secondly occurring ), the words " the Licensing Court or"; and (b) Omit the word " Commission " ( lastly occurring) and substitute the words " Licensing Court Omit the word " Commission " ( wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " ( wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " ( wherever occurring other than in provision ( d) of subsection (2)) and substitute the words " Licensing Court ". Omit the word " Commission " ( firstly occurring) and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court ". (a) Omit the word " Commission " and substitute the words " Licensing Court "; and (b) Omit the word " Commission ' s " and substitute the words " Licensing Court's " . Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " ( wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " ( wherever occurring -including in the note to the section at the beginning thereof ) and substitute the words " Licensing Court ". Omit the word " Commission " ( wherever occurring) and substitute the words " Licensing Court ".

736 Liquor Act Amendment Act 1973, No. 81 FIRST SCHEDULE-continued Amendments in relation to transfer of Functions from Commission to Licensing Court-continued Provisions amended Amendments Section 41 Section 42 Section 43 Section 44 Section- 45 Section 46 (2) . . Section 47A Section 478 (1) Section 47n (2) Section 478 (3) Section 47n (4) Omit the word " Commission " (firstly and thirdly occurring) and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occuring- including in the note to the subsection at the beginning thereof) and substitute the words " Licensing Court " . (a) Omit from subsection (1) the word " Commission " (firstly occurring) and substitute the words " Licensing Court "; (b) Omit from subsection (2) (a) the word " Commission " (lastly occurring) and substitute the words " Licensing Court "; (c) Omit from subsection (2) (b) the word " Commission " (secondly and thirdly occurring) and substitute the words " Licensing Court "; (d) Omit from subsection (3) the word " Commission" and substitute the words " Licensing Court "; and (e) Omit from subsection (4) (e) the word " Commission " (secondly occurring) and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court " . (a) Omit from subsection (1) the word " Commission " and substitute the words " Licensing Court "; (b) Insert in paragraph (g) of subsection (2), after the words "or direction of", the words "the Licensing Court or "; (c) Insert in paragraph (k) of subsection (2), after the words " or produced before ", the words " the Licensing Court or "; and (d) Omit from paragraph (1) of subsection (2) the word " Commission " and substitute the words " Licensing Court ". Omit the word " Commission " (firstly occurring) and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court " (a) Omit the words "before it" in the fourth paragraph (being the paragraph commencing with the words " Upon receipt of ") and substituting the words " Licensing Court "; and

Liquor Act Amendment Act 1973, No. 81 737 FIRST SCHEDULE - continued Amendments in relation to transfer of Functions from Commission to Licensing Court---continued Provisions amended Amendments Section 48 (1) Section 48 (2) . Section 48A (2 Section 48A (3) Section 48A (4) Section 48B (1) Section 48B (2) Section 48B (5) Section 48B (6) Section 48c Section 48c (1) . . Section 48c (2) .. (b) Omit the word " Commission " (wherever occurring in the last paragraph - being the paragraph commencing with the words " The Commission may ") and substituting the words " Licensing Court ". (a) Omit the word " Commission " (firstly occurring) and substitute the words " Licensing Court "; and (b) Insert after the word " Commission " (secondly occurring) the words " with the prior approval of the Licensing Court ". Omit the words " that it proposes to remove a license pursuant to this section " and substitute the words " that the removal of a license pursuant to this section is proposed ". (a) Insert after the words " may be heard " the words " by Licensing Court "; (b) Insert after the words " to be heard " the words " by the Licensing Court and (c) Omitting the word " Commission " (wherever occurring in the second paragraph - being the paragraph commencing with the ' words "At the time and place ") and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occurring) and substitute the words " L icensing Court ". (a) Omit the word " Commission " (firstly occurring) and substitute the words " Licensing Court "; and (b) Omit the words "it may" and substitute the words " the Commission may ". Omit the word " Commission " and substitute the words " Licensing Court ". Omit the words "to remove" and substitute the words " the removal of ". Insert, after the words " the hearing of objections ", the words " by the Licensing Court ". Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit from the note to the section at the beginning thereof the word " Commission ' s " and substitute the words " Licensing Court's ". (a) Omit the word " Commission " (twice occurring) and substitute the words " Licensing Court "; (b) Omit the word " proposes " in paragraph (d) (i) and substitute the words " is proposed ". (a) Omit the word " Commission " (twice occurring) and substitute the words " Licensing Court "; and (b) Omit the words " it shall " and substitute the words " the Commission shall ".

738 Liquor Act Amendment Act 1973, No. 81 FIRST SCHEDULE-continued Amendments in relation to transfer of Functions from Commission to Licensing Court-continued Provisions amended Section 49A (1) Section 49A (2) Section 49A (411) Section 49A (4c) Section 49A (4D) Section 49A (5) . Section 51 (2) Section 60A Section 68 (4) Section 68A (4) Section 68c Amendments Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". (a) Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court"; and (b) Omit the words "it shall determine" and substitute the words " the Commission shall determine ". Insert, after the words " the hearing of objections ", the words " by the Licensing Court ". Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court ". (a) Omit the word " Commission " (firstly occurring) and substitute the words " Licensing Court "; (b) Omit the word " Commission " (lastly occurring in the second paragraph-being the paragraph commencing with the words " Such a determination ") and substitute the words " Licensing Court "; and (c) Omit the word " Commission " (secondly occurring in the third paragraph-being the paragraph commencing with the words " The Commission may ") and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court ". (a) Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court "; (b) Omit from subsection (1) the words " of its own motion" and substitute the words " by the Commission "; and (c) Insert in subsection (9), after the words " at any time revoke ", the words " on application by the Commission ". Omit the word " Commission " and substitute the words " Licensing Court ". (a) Insert after the word " Commission " (secondly occurring) the words " may refer the matter to the Licensing Court which "; and (b) Omit the word " Commission " (thirdly and lastly occurring) and substitute the words " Licensing Court ". (a) Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court "; and

Liquor Act Amendment Act 1973, No. 81 739 FIRST SCHEDULE - continued Amendments in relation to transfer of Functions from Commission to Licensing Court-continued Provisions amended Amendments Section 69 (1), (2), (6), (9) and (14) Section 69 (5) . . Section 69 (8) . . Section 83 Section 84 (1) Section 84 (2) Section 85 Section 88 Section 101 (1) and Section 114 (1) Section 119A Section 122 (1) Section 122 (3) Section 125B Section 125AB (1) Section 125AC (1) (b) In subsection (2c), omit the words "or of its own motion " and substitute the words "by a licensee or by the Commission ". Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court on application by the Commission ". (a) Omit the word Commission " ( firstly occurring) and substitute the words " Licensing Court"; and (b) Insert immediately before the word " Commission " ( secondly occurring) the words " Licensing Court on application by the ". Omit the word " Commission " (lastly occurring) and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occurring save where firstly occurring) and substitute the words " Licensing Court ". Omit the word " Commission " (firstly, thirdly and fourthly occurring) and substitute the words " Licensing Court Omit the word " Commission " (twice occurring) and substitute the words " Licensing Court ". Omit the wore? " Commission " (wherever occurring) and subs`iLr-? the words " Licensing Court ". Omit the we 1 " Commission " (wherever occurring) and substitut ; the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occurring other than firstly occurring) and substitute the words " Licensing Court ". (a) Omit the word " Commission " (wherever occurring other than in subparagraph (d) but including the note to the section at the beginning thereof ) and substitute the words " Licensing Court "; and (b) Insert in subparagraph ( d) after the words " an order of the " the words " Licensing Court or the' . Omit the word " Commission " (firstly occurring) and substitute the words " Licensing Court ". Omit the word " Commission " (firstly occurring) and substitute the words " Licensing Court ".

740 Liquor Act Amendment Act 1973, No. 81 FIRST SCHEDULE-continued Amendments in relation to transfer of Functions from Commission to Licensing Court-continued Provisions amended Amendments Section 125AD .. Section 125BA Section 125BB (1) Section 125BB (2) Section 125Bc Section 125BD Section 125cA Section 125cc (1) Section 125CD Section 125CE Section 125DD Section 125EB Section 125Ec Section 125ED Section 125FB Section 125FC (1) Section 125FD Section 125GA Section 125GC (1) Section 125GD Section 125GE Section 125HB Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occurring save in subparagraph (ii) of paragraph (a) of subsection (3)) and substituting the words " Licensing Court ". Omit the word " Commission " (firstly occurring) and substitute the words " Licensing Court ". Omit the word " Commission " (twice occurring in the second paragraph) and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court " . Omit the word " Commission " (twice occurring) and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court " . Omit the word " Commission " (firstly occurring) and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court". Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court ". Omit the word " Commission " (twice occurring) and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court ".

Liquor Act Amendment Act 1973, No. 81 741 FIRST SCHEDULE - Continued Amendments in relation to transfer of Functions from Commission to Licensing Court-continued Provisions amended Amendments Section 125HD Section 125HE Section 125HF Section 125HG Section 129 (3) Section 134F (5) Section 159 (1) .. Section 161 Section 164 (1) Section 164 (2) Section 164 (10) .. Omit the word " Commission " and substitute :14e words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court ". Omit the word " Commission " (wherever occurring) and substitute the words " Licensing Court ". Omit the word " Commission " ( firstly occurring) and substitute the words " Licensing Court ". Omit the word " Commission " and substitute the words " Licensing Court ". Insert after the words " section 47B of this Act, the the words " Licensing Court on the application of 'he". (a) Inser ` after the words " by the Minister," the words " or by the Licensing Court,"; (b) Insert after the words" authority of the Minister" the words " or the Licensing Court "; and (c) Insert after the words " or the Minister," the words " or the Licensing Court,". Insert after the words " made to or produce before the " the words " Licensing Court,". Omit the word " Commission " and substitute the words " Licensing Court ". Insert after the words " in the opinion of" the words " the Licensing Court or, as the case may be ". Omit the word " Commission " ( firstly and secondly occurring ) and substitute the words " Licensing Court".

742 Liquor Act Amendment Act 1973, No. 81 SECOND SCHEDULE [S. 39) Amendments in relation to age of persons to whom liquor may lawfully be supplied and related matters Provisions amended Amendments Section 58 (1) . . Section 59 Section 60 Section 60A (7) Section 60A (8) Section 61 Section 115 Section 117 (2) Section 120 (1) .. Section 164 (8) and (9) Section 166B (3) .. Section 166c (3) . . Section 166D (3) . . (a) Omit the word " twenty-one " (wherever occurring) and substitute the word " eighteen "; and (b) Omit the word " apparently " from subparagraph (b) of the first paragraph of subsection (1). (a) Omit the word " apparently " from subparagraph (b); and (b) Omit the word "twenty-one" and substitute the word " eighteen ". (a) Omit the word " twenty-one " (wherever occurring) and substitute the word " eighteen "; and (b) Omit from subsection (3) the words " who, not being an employee aforesaid, has attained the age of eighteen years ". Omit the word " twenty-one " (wherever occurring) and substitute the word " eighteen ". Omit the word " twenty-one " and substitute the word " eighteen ". Omit the word " twenty-one " and substitute the word " eighteen ". Omit the word " twenty-one " (wherever occurring) and substitute the word " eighteen ". Omit from paragraph (a) of the definition of " ex-serviceman " he word " twenty-one " and substitute the word " eighteen ". Omit the word " twenty-one" (twice occurring in subparagraph (1)) and substitute the word " eighteen ". (a) Omit the word " twenty-one " (wherever occurring) and substitute the word " eighteen "; and (b) Omit the word " apparently " (wherever occurring). (a) Omit from paragraph (i) the word " apparently "; and (b) Omit from paragraphs (i) and (iii) the word " twenty-one " (wherever occurring) and substitute the word " eighteen ". (a) Omit from paragraph (i) the word " apparently "; (b) Omit from paragraphs (i) and (iii) the word " twenty-one " (wherever occurring) and substitute the word " eighteen ". (a) Omit from paragraph (i) the word " apparently "; and (b) Omit from paragraphs (i) and (iii) the word " twenty-one " (wherever occurring) and substitute the word " eighteen ".

Liquor Act Amendment Act 1973, No. 81 743 THIRD SCHEDULE [s. 40] Amendments in relation to penalties for offences and in particular for offences with respect to sale to , and consumption by, under age persons in licensed premises and related matters Provisions amended Amendments Section 58 Section 59 Section 60 Section 60A (7) Section 60A (8) . . Section 61 Section 62 (9) . . Section 155 (a) Omit the words " one hundred dollars " ( wherever occurring) and substitute the expression " $ 200 "; and (b) Omit the words " sixty dollars " (wherever occurring ) and substitute the expression " $100 ". (a) Omit the words " one hundred dollars " and substitute the expression " $ 200 "; and (b) Omit the words " sixty dollars " and substitute the expression " $ 100 ". (a) Omit the words " one hundred dollars " ( wherever occurring ) and substitute the expression " $200 " and (b) Omit the words " sixty dollars " (wherever occurring ) and substitute the expression " $100 ". (a) Omit the words " one hundred dollars " and substitute the expression " $ 200 "; and (b) Omit the words " sixty dollars " and substitute the expression " $ 100 ". Omit the words " one hundred ' dollars " and substitute the expression " $ 200 ". (a) Omit the words "one hundred dollars" and substitute the expression " $ 200 "; and (b) Omit the words " sixty dollars " and substitute the expression " $ 100 ". Omit the words "thirty pounds " and substitute the expression " $ 100 ". Omit the words " one hundred pounds" and substitute the expression " $ 400 ".

744 Liquor Act Amendment Act 1973, No.. 81 FOURTH SCHEDULE [s.54] Amendments in relation to alteration of designation " Clerk of petty sessions " to " clerk of the court " Provisions amended Amendments Section 93 Section 99 Section 100 Section 101 (3) Section 106 (3) . . Section 160 Section 168 Omit from the second paragraph the words " clerk of petty sessions " and substitute the words " clerk of the court ". Omit the words " clerk of petty sessions " (twice occurring) and substitute the words " clerk of the court ". Omit from the second paragraph the words " clerk of petty sessions " and substitute the words " clerk of the court ". Omit the words "clerk of petty sessions" and substitute the words " clerk of the court ". Omit the words " clerk of petty sessions " and substitute the words " clerk of the court ". Omit the words " clerk of petty sessions " (occurring in the section and in the note to the section at the beginning thereof) and substitute the words " clerk of the court ". Omit from subparagraph (d) of the second paragraph the words " clerk of petty sessions " and substitute the words " clerk of the court ".

Liquor Act Amendment 1973, Act No. 81 745 FIFTH SCHEDULE [ s. 99] Amendments in relation to transfer of functions from secretary to Executive Officer of Commission Provisions amended Amendments Section 6 (5) . . Section 6B Section 51 (1) Section 84 (2) Section 167 (2) .. Section 168 Omit the word " secretary " (wherever occurring- including in the note to the subsection at the beginning thereof) and substitute the words " Executive Officer ". Omit the word " secretary " (wherever occurring) and substitute the words " Executive Officer ". Omit from paragraph (b) the word " secretary " and substitute the words " Executive Officer ". (a) Omit from paragraph (a) the word " Secretary " and substitute the words " Executive Officer "; and (b) Omit from paragraph (b) the word " secretary " and substitute the words " Executive Officer ". Omit the word " secretary " and substitute the words " Executive Officer ". Omit from subparagraphs (a) and (b) of the second paragraph the word " secretary " (wherever occurring) and substitute the words " Executive Officer ". SIXTH SCHEDULE [s. 100] Amendments in relation to transfer of certain functions from Commission to Executive Officer or Registrar Provisions amended Amendments Section 27A (2) Section 122 (2) Section 122 (3) Section 125Ac (1) Section 125BB (1) Section 125BB (2) Section 125cc (2) Section 125cc (4) In paragraph (d) omit the word " Commission " and substitute the words " Executive Officer ". Omit the word " Commission " and substitute the words " Executive Officer ". Omit the word " Commission " where first occurring and substitute the word " Registrar ". Omit the word " Commission " where secondly occurring and substitute the words " Executive Officer ". Omit the word "Commission" where secondly occurring and substitute the words " Executive Officer ". Omit the word " Commission " where first occurring and substitute the word " Registrar " Omit the word " Commission " and substitute the words " Executive Officer ". Omit the word " Commission " and substitute the words " Executive Officer ".

746 Liquor Act Amendment Act 1973, No. 81 SIXTH SCHEDULE - continued Amendments in relation to transfer of certain functions from Commission to Executive Officer or Registrar - continued Provision amended Amendments Section 125DC (3) Section 125EC .. Section 125FC (1) Section 125FC (2) Section 125GC (2) Section 125cc (4) Omit the word " Commission " where secondly occurring and substitute the words " Executive Officer ". In the second paragraph, omit the word " Commission " and substitute the words " Executive Officer ". In the second paragraph, omit the word " Commission " and substitute the words " Executive Officer ". Omit the word " Commission " and substitute the word " Registrar ". Omit the word " Commission " and substitute the words " Executive Officer ". Omit the word " Commission " and substitute the word " Registrar ".