Liquor Acts Amendment Act of 1935 (26 Geo v No. 20) (Qld)

15486 LAND TAX-LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, Retrospec- 14. Save as otherwise expressly provided, the o ti p v e e ration. amendments of the Principal Act hereby made shall be deemed to have been made therein on the twenty-ninth day of June, one thousand nine hundred and thirty-five: Saving. Provided that nothing in this Act shall prejudice or affect the rights of any party to any judgment of any ('ourt of competent jurisdiction in any case where such judgment was given prior to the passing of this Act, nor prejudice or affect the rights of any party upon appeal from such judgment. . LEGISLATIVE COUNCILLORS, EX-MEMBERS OF, AND PRIVILEGES. See CONSTITUTION (1). LICENSES, LIQUOR. See LIQUOR. LICENSING COMMISSION. See LIQUOR. LIQUOR. 26 Geo. V. An Act to Provide a Measure of Liquor Reform and N T o H . E 20. to Amend "The Liquor Acts, 1912 to 1932," LIQUOR ACTS in certain particulars; and for other purposes AMENDMENT ACT OF 1935. [ASSENTED TO 25TH NOVEMBER, 1935.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short titk 1. This Act may be cited as "The Liquor Acts and . Amendment Act of 1935," and shall be read as one with constructlOn. and as an amendment of *" The Liquor Acts, 1912 to 1932 " (hereinafter referred to as the Principal Act). . -- --.-"' --- - - - - - - - - - - - - - - ~- - - . - - - - - . - .. .. * 3 Geo. V. No. 29 and amending Acts: Statutes, pages 5527 et seq. See Alphabetical Table of Acts.

LIQUOR. J5487 1935. LiqttOl' Acts Amendment Act. The Principal Act as amended by this Act may collectively be cited as "The Liquor Acts, 1912 to 1935." Amendments of the Principal Act. 2. In section one of the Principal Act the words Amendment and figures, namely;- of s. 1. " PART H.-ADMINISTRATION ; PART HL-LICENSES ; PART V.-REGISTERED SPIRIT MEROHANTS ; PART VL-CLUBS; PART VHL-LoOAL OPTION" are repealed, and the following words and figures are inserted in lieu thereof, namely ;- " PART H. - LICENSING ADMINISTRATION; COMMISSION AND PART HL-LICENSES, REGISTRATIONS, AND PERMITS; PART V.-OBLIGATIONS, DUTIES, AND LIA- BILITIES OF REGISTERED SPIRIT MEROHANTS ; PART VI. - OBLIGATIONS, DUTIES, AND LIABILITIES OF REGISTERED CLUBS AND EXEMPTED CLUBS; PART VIH.-PROHIBITION POLL." 3. In section four of the Principal Act the following Amendment definitions are repealed, namely ;-" Clerk of Petty of s. 4. Sessions," " Inspector," " Licensing Court " or " Court," " Licensing District" or " District," " Licensed Victualler," " Licensee, " " Local Authority, " " Prescribed," " Special District," and " Spirit Merchant," and the following new definitions are inserted, namely ;- " Clerk of Petty Sessions "-The person who is for Clerk of the time being the clerk of petty sessions at ~ : : : i~ ns. the principal place for the holding of courts of petty sessions in a district. " Commission " or "Licensing Commission "- Commission The Licensing Commission appointed and o C r om Li m c l ~ S n S ~ l i O n n g . constituted under this Act. " Court' '-A court of petty sessions for the district Court. in which the authority conferred on the court is to be exercised or in which the matter to be heard or determined arises, which court shall be constituted by a police magistrate or

15488 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, District. Inspector. Licensed Victualler. Licensee. Prescribed. Spirit Merchant. Year. acting police magistrate sitting alone, and which court shall be held at the principal place for the holding of courts of petty sessions in such district; Provided that where there is no police magistrate or acting police magistrate avail- able to constitute a court the same may be constituted by such justice or justices as the Governor in Council by Order in Council appoints, and either generally or in any particular case. " District "-A petty sessions district constituted by *" The Justices Acts, 1886 to 1932." " Inspector "-A person appointed as, or deemed to be, an inspector under this Act. H Licensed Victualler "-Means a person, body corporate, or firm holding any licensed victualler's license under this Act. " Licensee "-Means a person, body corporate, or firm named in the· license as being thereby licensed. " Prescribed "-Prescribed by this Act or by any Proclamation, Order in Council, regulation, or notification made thereunder. "Spirit Merchant "-Means a person, body cor- porate, or firm holding a certificate of regis- tration as a spirit merchant under this Act. " Year "-The period of time commencing on the first day of July in a year and ending on the thirtieth day of June in the succeeding year; Moreover, the definition of " Premises" is amended by the addition thereto of the following new paragraph, namely;- " Provided that the premises of a wine- seller shall include as well the actual room or rooms used by him in his business of wine- seller and the house or place, and the curtilage thereof, in which such room or rooms is or are situated, and extends to every room, billiard-room, closet, sanitary convenience, cellar, yard, stable, outhouse, shed, or any .. 50 Vir. No. 17 and amending Acts, 8upra, pages 1132 et seq.

LIQUOR. 15489 1935. Liquor Acts Amendment Act. other place whatsoever of, belonging, or in any other manner appertaining to such house or place." 4. The headnote to section six of the Principal Repeal of Act, being "PART n.-ADMINISTRATION," is repealed, r: l~ · - : ­ and the following new headnote is inserted in lieu tratior: thereof, namely :-" PART n.-LICENSING COMMISSION AND ADMINISTRATION." 5. Sections six to nineteen, both inclusive, of the Repeal of Principal Act, together with the respective headnotes to ss. 6 to 19. such sections, are repealed. 6. The following new sections, sections six to New ss. 6 to fourteen, both inclusive, together with the respective ~4 inserted headnotes thereto, are inserted in the Principal Act after ~i~c~ pal the headnote " PART n.-LICENSING COMMISSION AND Act. ADMINISTRATION," as follows:- " Licensing Oommission. [6.] (1.) For the purposes of this Act there shall be Licensing .appointed and constituted a Commission to be called Commission. " The Licensing Commission" (hereinafter referred to as the" Commission "). (2.) The Commission shall consist of three members, Members. (one of whom shall be a Judge of the Supreme Court or a member ofthe Industrial Court constituted under *" The Industrial Oonciliation and Arbitration Acts, 1932 to 1935," who shall be chairman of the Commission) and each of whom shall be appointed by the Governor in Council by commission in His Majesty's name. The members of the Commission shall, and notwith- standing any Act or law to the contrary, receive such remuneration as may from time to time be determined by the Governor in Council. (3.) In the case of the illness, inability, or absence Appoint. of any member the Governor in Council may appoint dent of some other person to act as .the deputy of such member eputy. during such illness, inability, or absence, and every such person shall while he acts as such deputy have all the powers and perform all the duties, and may exercise all the jurisdiction and authority of such member. * 23 Geo. V. No. 36 and amending Acts, supra, pages 14266 et Beg.

15490 LIQUOR. Meetir:gs.of '. LiquorActsAmendmentAct. 26 GEO. V. No. 20, (4.) The Commission shall meet at such times and CommISSlOn. places and conduct its business in such manner as it may decide or as may be presGribed. Secretary, &c. (5.) The Governor in Council may appoint a secretary and such other officers of the Commission as he shall from time to time deem necessary, and any officer so appointed shall receiv~ such salary as the Governor in Council thinks fit. Commission (6.) For the purposes of this Act the Commission Ctoombemaission shall have and may exercise all or any of the powers, under authority, protection, and jurisdiction of a Commission IOnfqfiuciirailes within the meaning of *" The Official Inquiries Evidence Evidence Acts, 1910 to 1929." Acts. Right of (7.) Every person appearing before the Commission appaprteyartoby shall have the right to be represented by his counsel, counsel. solicitor, or agent. Functions, Authorities, Duties, and Powers of Licensing Commission. F~ cti? ns of [7.] The Commission shall save as hereinafter ~~ = :s~ on. provided be charged with the licensing of licensed victuallers, wine-sellers, and packets, the registration of spirit merchants and clubs, and the issue of permits to exempted clubs or associations, and the granting of billiard licenses and bagatelle licenses, and for the purpose of better serving the convenience -of the public and meeting the requirements of any lOQality, with the distribution of licensed victuallers' and wine-sellers' licenses; and for the purpose of enabling the Commission to exercise the foregoing functions it shall have and possess all the powers, rights, privileges, and authorities and be subject to all the liabilities, duties, obligations, and responsibilities conferred or imposed by this Act. CJouformismdiicsstiioonn jurisd[ 8i. c]ti ( o 1 n .) oTf htehefuCnocmtimonisss, iopnowshearlsl, baeutehxocrluitsiievse,, aanndd exclusive. every determination, order, or decision of the Commission shall be final and conclusive and shall not be impeachable for any informality or want of form, or be appealed against, reviewed, quashed, or in any way called in question in any court on any account whatever. * 1 Geo. V. No. 26 and 20 Geo. V. No. 2, supra, pages 748 and 12474.

LIQUOR. 15491 1935. Liquor Acts Amendment Act. Determinations, orders, or proceedings of the Commission shall not be removable by certiorari, and no writ of prohibition shall be issued and no injunction or mandamus shall be granted by any court in respect of or to restrain determinations, orders, or proceedings of the Commission relating to any of its functions, powers, authorities, and/or jurisdiction or to any other matter which, on the face of the determination, order, or proceedings appears to be or relate to any function, power, authority, and/or jurisdiction of the Commission, or which is found by the Commission to be one of its functions, powers, authorities, and/or jurisdictions. (2.) The chairman shall decide all questions arising Powers of as to the jurisdiction of the Commission or as to the chairman. construction of any of the provisions of this Act relating to such jurisdiction, and his decision shall prevail and be the decision of the Commission. (3.) The Commission may at any time if it thinks Re.hearing. fit rehear any matter which has been determined by it. (4.) For the purposes of this Act, any member Admission of the Commission or any person authorised by it in to lic~ nsed wn' t' mg may ent er any ll' Censed premI.ses or the premI.ses pCroemmmIseisssi b o y n of any registered club or of any club or association which or . holds a permit under this Act at any time by day or ; ~;~ ~~sed night. If admittance to such premises be refused or unreasonably delayed after demand made by such member or person as aforesaid, the licensee, or in the case of a club or association then such club or association, and every person who wilfully refuses or delays such admission shall be liable to a penalty not exceeding fifty pounds. Jurisdiction of Court. [9.] (1.) Except as is herein otherwise provided,Jurisdiction every authority by this Act conferred on a court shall ~ ~ ~ . urt: N be exercised by the court of the district in which the 18, s~Cil. o. authority is to be exercised, or where the premises the N.S.W.,1898, su b J · ec t 0 f the proceedm' g are sl.tua t ed . 8 N . o 1 . 0 1 6 8 . , The court shall not be precluded from acting as such for any purpose under this Act by reason only of the police magistrate constituting the court being a . member of a club. But he shall not adjudicate on any complaint against any club or officer of a club of which he is a, member.

15492 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, Every offence, act, omission, or neglect, for which by this Act any punishment may be inflicted, shall, if the same is not by this Act directed or permitted to be heard or determined by and before some other court, be prosecuted and punished before and by the court of the district in which the offence, act, omission, or neglect was committed or the liability to punishment incurred. (2.) Every court shall have and exercise all the ordinary powers of justices of the peace in petty sessions. Subject to this Act, the procedure of every such court shall, so far as is practicable, be regulated by *" The Justices Acts, 1886 to 1932" (and any Act amending or in substitution for that Act.) (3.) A complaint for any offence against this Act may be laid before any justice of the peace. But, with the exception of the offences of drunkenness and drunkenness with disorderly conduct and being found creating a disturbance on the premises of a licensee or in a public place, which offences may (subject however to t" The Justices Act Amendment Act of 1909") be heard and determined by and before any justice or justices of the peace sitting in a court of petty sessions, all complaints for and charges of offences under this Act shall be heard and determined by and before a court only; and the decision of such court thereon shall be deemed to be a decision of justices within the meaning of *" The Justices Acts, 1886 to 1932." Records and Registers. Rec~ rd? f [10.] There shall be kept in every district by the ; r. ~ ~ IC~ ~ ~ : S. clerk of petty sessions at the principal place appointed No. i04, ' for the holding of the court in the prescribed form a s.148. record of all charges and complaints and all other matters arising under this Act and heard or determined by or before the court. Register of licenses. [11.] (1.) There shall be kept in every district by 49 Vic. No. the clerk of petty sessions at the principal place appointed N18.Z, 8.. ,11990. S, for the holding of courts of petty sessions in a district No. 104, in the prescribed form a register, to be called the s. 149. " register of licenses." * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq. t 9 Edw. VII. No. 11, supra, page 1192.

LIQUOR. 15493 1935. Liquor Acts Amendment Act. (2.) The register of licenses shall be in two parts- Part I. shall be a register of licensees and holders of certificates of registration, and shall contain particulars of the names, arranged alphabeti- cally, of the persons to whom licenses or certificates are granted, the nature in each case of the license or certificate, and whether it is removed, transferred, or temporary, and the premises in respect of which each license is granted; Part H. shall be a register of licensed premises, and shall contain the particulars of the premises or vessel in respect of which licenses or certificates of registration 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 or certificate. Such clerk shall, as occasion may require, make such alterations and additions as are required in such register by reason of the granting of further licenses or certificates or the removal, transfer, transmission, 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. (3.) The secretary of the Commission shall furnish from time to time to the clerk of petty sessions in every district the information necessary to keep the register of licenses in the prescribed form. [12.] Every clerk of petty sessions shall on request Extracts or when necessary by reason of a change of the boundaries froI?t of a district forthwith transmit extracts from his record ; ~~ , e{ ~ 08, of applicatio~ s or register of. licenses to any other clerk ~ ~ · 1! ~ 4~ nd of petty seSSIOns or to any mspector. 151. The regulations may prescribe the manner in which such extracts shall be transmitted by such clerks to each other and to inspectors.

15494 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, Register, &c. to be open for inspection. N.Z., 1908, No. ]O,/" s.154. [13.] (1.) Any elector, any owner of licensed premises, and any licensee within a district, upon payment of the prescribed fee, and any police officer or inspector without fee shall be entitled at any reasonable time to inspect and take copies of or extracts from any record of applications or register of licenses for such district. (2.) The clerk of petty sessions and every other person who prevents the inspection or taking copies of or extracts from the record of applications or register of licenses, or demands any unauthorised fee therefor, shall be liable to a penalty not exceeding five pounds. Appoint- ment of inspectors and sub- inspectors. 49 Vie. No. 18, s. 13. N.Z., 1908, No. 104, s.218. Officers and their Duties. [14.] (1.) The Governor in Council may from time to time appoint for any district an inspector and such sub-inspectors as he thinks fit for the purposes of this Act. Every inspector and sub-inspector of police in a district, and also every police officer if in charge of a police station in a district, shall by virtue of his office be an inspector under this Act. Inspectors and sub-inspectors may also from time to time be appointed for specified purposes under this Act, and with powers and duties extending throughout the State or any part thereof. The regulations may define the duties of inspectors and sub-inspectors, and prescribe the modes, times, and conditions of the exercise thereof. Duties of (2.) The following duties are hereby imposed upon ~ sV. ctor. every inspector, except such inspectors as are appointed No. { ~ : s. 20. for some special purpose under this Act as hereinbefore provided :- Provide ( i.) He shall provide himself with a copy of the ~ ~ ~ : : ~ ~ ::th prescribe~ register of licenses, and from time to time licenses. mform hImself of the alterations made in the register, and correct his copy accordingly. Inform (ii.) He shall inform himself of the manner in which hcoimndseulcftaosfto aIll1' 0ensed premI.ses and a11 premI.ses.In respec t 0 f wh1' 0h business and certificates of registration have been issued within the ~ ; ~ ~ ~ ~ eeB~ t district are conducted and kept, and whether the pro- visions of this Act in relation to such premises and the management thereof have been and are observed.

LIQUOR. 15495 1935. Liquor Acts Amendment Act. (iii.) He shall enforce and superintend the execution Enforce Act. of this Act in every respect. (iv.) He shall perform such other duties as may beOt~ er required or directed by the Commission or the court, dutIes. and as may be prescribed." 7. The headnote to section twenty of the Principal Repeal of Act, being " PART IlL-LICENSES," is repealed and the Part Ill. following new headnote is inserted in lieu thereof, namely :-" PART IlL-LICENSES, REGISTRATIONS, AND PERMITS." 8. Sections twenty to sixty-one, both inclusive, of Repeal of the Principal Act, together with the respective headnotes ss. 20 to 61. to such sections, are repealed. 9. The following new sections are inserted in the New ss. 15 Principal Act, after the headnote-" PART IlL_to 17. LICENSES, REGISTRATIONS, AND PERMITS," previously inserted, namely:- " [15.] Subject to this Act-- Lthiececnassees oinf {1.) (a) A body corporate may apply for and be corporations granted any license or may by transfer become the and firms. holder of any license. (b) Any member of, or any person nominated by, a firm registered under *" The Registration of Firms Acts, 1902 to 1912," may on behalf of the firm apply for and be granted any)icense, or by transfer become the holder of the license. (2.) Any license may be granted or transferred to a body corporate in the name of a person on behalf of the body corporate who is nominated by the body ~ orporate for the purpose. (3.) On application to the Commission by the body corporate or firm during the currency of a license, the name of any other person nominated as aforesaid may be substituted for that of the person in whose name the license was granted or transferred, and the license may be amended accordingly. (4.) Where any notice, application, or proceeding is authorised or required to be given, made, or taken by any person in respect of a license, the same may in * 2 Edw. VII. No. 12 and 3 Geo. V. No. 27, 8upra, page 5795.

15496 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, Licenses. Registra- tions. Permit. the case of any body corporate or firm be given, made, or taken on behalf thereof by any director, manager, member, secretary, officer, or nominee thereof. (5.) Every body corporate being the holder of a license shall be liable for any offence under this Act in respect of such license as if such body corporate were a private person, and shall be subject to the same penalties for any such offences if it were a private person so far as such penalties are enforceable against a corporation. (6.) If any director, manager, member, secretary, officer, or nominee of any such body corporate knowingly authorises or permits any such offence he shall also be liable therefor. (7.) If any member or person being the holder of a license on behalf of a firm is guilty of any offence against this Act, that person and every member of the firm shall be severally liable to any penalties for such offence. (8.) No body corporate or firm shall directly or indirectly hold or have a beneficial interest in a license otherwise than pursuant to this section. (9.) For the purpose of this section, the term " license" shall include any license or registration. [16.] Licenses, registrations, and permits under this Act shall be of the following kinds, that is to say- (1.) Licenses- (a) A licensed victualler's license; \ (b) A wine-seller's license; (c) A packet license ; (d) A bottler's license; (e) A billiard license or bagatelle license. For the purpose of a bagatelle license, the term "bagatelle" includes bagatelle and every similar game. (2.) Registrations- (a) A spirit merchant's registration; (b) A club registration. (3.) Permit- A permit for an outdoor club or association exempted from registration as a club.

LIQUOR. 15497 1935. Liquor Acts Amendment Act. (4.) All licenses, registrations, and permits held at Cont~ m~ ation the passing of *" The Liquor Acts Amendment Act o 'J f 1935" l ~ I f ceenXslesst, lll&gc. shall be deemed to be licenses, registrations, or permits under this Act, and all persons, clubs, and outdoor clubs or associations then holding licenses, registrations, or permits, and all premises then licensed or registered or permitted shall be under and subject to this Act. r [17. ] From and after the passing of *" The Liquor Maximum Acts Amendment Act of 1935 " the number of each of the umber of licensed victuallers' and wine-sellers' licenses existing at !Censes. the passing of *" The Liquor Acts Amendment Act of 1935, ' ~ shall be deemed to be the greatest number of each of such licenses, respectively, which may be in force at any time within the State: prevPenrot voirdebde dtheeamt endotthoinpgrevinentthtisheArcetmcoovnatlauinneddersthhaI. lSl rSeamvionvgalass. to Act of a cancelled or surrendered license to another locality in the same district or in any other district: Provided further, that nothing in this Act shall prevent or be deemed to prevent a forfeited license being transferred to some other person in respect of the same premises or removed to another locality in the same district or in any other district." 10. The following new section eighteen and head· New fl. 18. note are inserted in the Principal Act, after section seventeen, previously inserted, namely- " Fees. [18.] (1.) The fees to be charged, levied, collected, Fees. and paid annually for the licenses, certificates of registration, and permits authorised by this Act shall be as follows :-- (i.) For a licensed victualler's license, wine- seller's license, certificate of registration of a club, or permit in respect of an exempted club-a sum equal to two and a-half per centum of the gross amount (including any duties thereon) paid or payable for all liquor which during the twelve months ended on the last day of June in the preceding year was purchased for the premises, including any booth authority granted in respect of the license for such premises; * This Act.

15498 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, (ii.) For a packet license-five pounds for every two hundred tons or part of two hundred tons of the registered tonnage of the vessel but not exceeding twenty pounds annually; (iii.) For a billiard license or a bagatelle license -five pounds for each billiard or bagatelle table; (iv.) For every bottler's license-five pounds; (v.) For a certificate of registration as a spirit merchant carrying on business within a radius of five miles from the General Post Office, Brisbane-seventy-five pounds, and in the case of persons .carrying on business elsewhere-forty pounds, and a further fee not exceeding two and one-half per centum of the gross amount (including any duties thereon) paid or payable by the holder of the certificate of registration for all liquor which during the twelve months ended on the last day of June in the preceding year was sold or disposed of under such certificate of registration to persons other than persons licensed to sell liquor, and· other than to registered clubs or exempted clubs: Provided that if a registered spirit merchant is carrying on the business of a spirit merchant in more than one place of business he shall be liable to pay the fees aforesaid for a spirit merchant's license in t'espect of each place of business. Ma.ximum fees. (2.) There shall be charged, levied, and collected from and paid by a registered brewer an annual fee not exceeding two and one-half per· centum of the gross amount (including any duties thereon) paid or payable by such registered brewer for. all liquor which during the period of twelve months ended on the last day of June in the preceding year was sold or disposed of by him to persons other than persons licensed to sell liquor and other than to registered clubs or exempted clubs. (3.) The maximum amount of any annual fee charged, levied, collected, and payable shall not exceed three hundred pounds.

LIQUOR. 15499 1935. Liquor Acts Amendment Act. -----,-------------------------------- (4.) For the purpose of enabling the Commission Assessment t ? assess t.h. e £ ees paya. ble on a perc~n t age baS' lS, every poef rfceeens toagne lIcensed vICtualler, wme-seller, regIstered club, and basis. exempted club shall not later than the thirty-first day of August in each year furnish a certified copy of that part of the return to the Commissioner of Taxes showing all liquor purchased by or supplied to such licensed victualler, wine-seller, registered club, and exempted club during the preceding period of twelve months ending on the thirtieth day of June, and every registered spirit merchant and brewer shall furnish a like return of all liquor sold or supplied to any person not being a licensed victualler, wine-seller, holder of a packet license, registered club, or exempted club. Such return shall show the quantity and nature of liquor so purchased or sold or supplied in each case, as the case may be, the price paid or payable therefor, whether purchased in Queensland or elsewhere, the names and addresses of the vendors of the liquor, and such further or other information as the Commission may require. Every person required to furnish such return who fails to furnish such return within the prescribed time shall be liable to a penalty of not less than ten nor more than one hundred pounds. Such return as aforesaid shall be verified by statutory declaration, and, moreover, the Commission may require the holder of such license or any other person to present himself before the Commission for examination on oath concerning any particulars or concerning such other matters as it shall deem relevant. (5.) (i.) The Commission shall assess the amount of Cummission any fee where such fee is to be assessed under this Act. to assess fee. (ii.) The Commission shall assess such sum as it thinks r~asonable in any case-- (a) ·Where no ,information is produced to the Commission, or the information produced is incomplete or insufficient to enable the Commission to determine the gross amount paid or payable for liquor purchased or sold or disposed of, as the case may be; or (b) 'iVhere there is no previous period of twelve months or information covering a period of twelve months cannot be produced; or

15500 LIQUOR. Liquor Acts AmenrIment Act. 26 GEO. V. No. 20, (c) Where a cancelled or surrendered license has been removed to another place or locality. (iii.) Where any license, certificate of registration, or permit in respect of which a fixed annual fee is payable is issued for a less period than one year a proportionate amount only of the particular fee chargeable on the particular kind of license, certificate of registration, or permit shall be payable by the licensee or holder of the certificate of registration or permit. Notice of (6.) As soon as conveniently may be after an assessment. assessment has been made by the Commission, the Commission shall in the manner prescribed cause notice in writing of the assessment to be given to every person liable to pay the amount of the assessment, and the clerk of petty sessions at the principal place in the district in which the premises concerned are situated shall be notified of such assessment and the particulars thereof. aPsasyemssemnetnot. f withi(n7. ) suPchaytimmeenat sotfhseucChomasmseissssimonenctosnhsaidllerbseredaesmonaanbdleed, and such notice as aforesaid shall state the time within which the assessment must be paid. Any payment in respect of an assessment so demanded as aforesaid shall be made to the clerk of petty sessions for the district in which the premises concerned are situated, and if payment is not made to him within the time specified in the notice such clerk of petty sessions may recover the amount of the assessment as a debt before the magistrates court for the district and notwithstanding that the amount of such assessment exceeds two hundred pounds: Provided that the amount of any annual license, registration, or permit fee which pursuant to this section is a fixed sum shall be paid by the licensee or holder of the registration or permit to the clerk of petty sessions aforesaid not later than the thirty-first day of October in each year, and in default of payment such clerk of petty sessions may recover same as a debt before the magistrates court for the district. Notwithstanding anything herein contained, the Commission may at any time forfeit any license, registration, or permit in respect of which any fee imposed under and in accordance with this section has not been duly paid.

LIQUOR. 15501 1935. Liquor Acts Amendment Act. (8.) (a) The first levy of fees under this section First levy shall be for the year commencing on the first day of ~ ~ ~ o~ nnual July, one thousand nine hundred and thirty-six, and therefor. each subsequent levy shall be for each succeeding year. (b) The first annual period for which returns on which assessments are to be based are to be furnished shall be the period of twelve months ending on the thirtieth day of June, one thousand nine hundred and thirty-six, and each subsequent annual period shall be for the period of twelve months ending on the thirtieth day of June of each ,succeeding year. (9.) The following fees shall be payable in respect of Other fees. the matters hereunder set out:- (i.) For every booth authority- Where the authority is granted in and for the City of Brisbane as defined by *" The City of Brisbane Acts, 1924 to 1934 "-one pound in respect of each and every bar which will be conducted under the authority, Where the authority is granted elsewhere-ten shillings in respect of every bar which will be conducted under the authority; (ii.) For every endorsement of transfer and every special certificate of transfer of a licensed victualler's license, wine-seller's license, certificate of registration as a spirit merchant, and every authority to carry on such business in lieu of transfer, and every transfer of a packet license or bottler's license-one pound; (iii.) For every endorsement of transfer of a billiard license or bagatelle license--ten shillings; (iv.) For every endorsement of change of premises in the case of- £ s. d. (a) A registered spirit merchant 100 (b) A registered club 100 (c) A billiard license or bagatelle license' 0 10 0; (v.) For a duplicate of a license, certificate of registration, or permit lost or destroyed-one pound." * 15 Geo. V. No. 32 and Amending Acts, supra, pages 11140 et seq, G

15502 LIQUOR. Liqtwr Acts Amendment Act. 26 GEO. V. No. 20, New s. 19. 11. The following new section nineteen is inserted, after section eighteen of the Principal Act, previously inserted :- " Accommodation. Accommo- [19.] The accommodation and/or essential dliacteinosnedfor services required for a licensed victualler's or wine- victualler's seller's premises within a city or town or township or s () e r llwerin'se- country area shall be as prescribed: premises. Provided that until such matters as aforesaid are prescribed, the accommodation and sanitary con- veniences required for a licensed victualler's or wine- seller's premises shall, and notwithstanding the repeal of sections twenty-three, twenty-four, and twenty-five of *" The Liquor Acts, 1912 to 1932," be as provided in the said sections and/or any regulations made there- under. Notwithstanding anything contained in this section, the Commission, upon being satisfied that additional accommodation and/or essential services in connection with any licensed premises are required may from time to time order the licensee to provide within a time to be specified in such order such additional accommodation and/or essential services. Neglect or failure on the part of the licensee to comply with any such order shall render the licensee liable to a penalty not exceeding one hundred pounds, and moreover the Commission may forfeit his license." New s. 20. 12. The following new section twenty is inserted, after section nineteen of the Principal Act, previously inserted :- Description "[20.] The description of the boundaries of the land of premises. comprised in the licensed premises entered upon the license and recorded in the register of licenses at the passing of t" The Liquor Acts Amendment Act of 1935 " shall be the land comprised within the licensed premises, and no change shall be made in the area thereof, whether by way of enlargement or diminution, except with the approval of the Commission upon an application made in that behalf. Any such change so approved shall be endorsed upon the license and recorded in the register of licenses." * 3 Geo V. No. 29 and amending Acts, supra, pages 5527 et seq. t This Act.

LIQUOR. 15503 1935. Liquor Acts Amendment Act. 13. The following new section twenty-one is New s. 21. inserted, after section twenty of the Principal Act, previously inserted, namely :- "Temporary Licenses. [21.] If the premises of any licensed victualler or ~ emporary wine-seller are , by fire " tempest or other calamity , or hpcreenmsI.esewshere through alterations, demolition for rebuilding or other destr?yed. caus • e, rendered unfit for the carrying on of his 4189.V s I . C 3 ., 7N. o. busmess, the Commission may at any time, upon application by or 9n behalf of the licensee, if it sees fit so to do, by order in the prescribed form authorise Sch. H., the licensee to carry on his business temporarily under B. 23. his existing license in some neighbouring premises, although they have not all the accommodation prescribed by this Act,- for such period as the Commission may think reasonable in the circumstances. The provisions of this section shall also, mutatis mutandis, apply and extend in like case to the certificate of any registered spirit merchant or registered club." 14.- The following new section twenty-two is New s. 22. inserted, after section twenty-one of the Principal Act, previously inserted :- " Persons and Premises Disqualified. [22.] (1.) No license or registration of a spirit Pers0!U' and merchant under this Act shall be held by any of the ai: ~ : : ' ed. following persons, that is to say- 49 Vic. No. 18, BB. 24 (i.) A person holding office or employment ~ n~ 11~ 08 under the Government of this State or any N~ . ·io4, , other State of the Commonwealth, or of the ~ ~ 572 and Commonwealth; . (ii.) A constable or bailiff ; (iii.) A licensed auctioneer, or any partner of such auctioneer ; (iv.) A brewer or distiller, or the wife of a brewer or distiller ; (v.) A person actually undergoing a sentence for any criminal offence .in respect of which imprisonment for any period exceeding one month has been imposed without the option of a fine;

]5504 LIQUOR. Liq1lOr Acts Amendment Act. 26 GEO. V. No. 20, (vi.) Any person under the age of twenty-one years, and no license other than a bottler's license shall be held by a registered spirit merchant or the wife of a registered spirit merchant : Provided that the aforesaid disqualification shall not apply to a brewer or distiller in the case of a certificate of registration as a spirit merchant. (2.) No licensed victualler's license or wine-seller's license or registration of spirit merchant shall be held in respect of any premises of which any constable or bailiff, or any licensed auctioneer or his partner, or the wife of any of the aforesaid persons, is owner or wherein he or she is directly or indirectly interested: Provided that an auctioneer or his partner, or the wife of either of them, shall not by reason only of owning the freehold of land upon which any premises are erected be deemed to be directly or indirectly interested in such premises within the meaning of this subsection. No licensed victualler shall be competent to become a licensed auctioneer. (3.) No license or registration of a spirit merchant shall be held by any person or in respect of any premises declared by or in pursuance of this Act to be a disqualified person or disqualified premises during the continuance of such disqualification. Any license or registration of spirit merchant held by any person disqualified or attached to premises so disqualified may be forfeited unless an application for transfer of the same is made within a reasonable time and granted by the Commission. (4.) Except that a billiard license or bagatelle license may be held in conjunction with any other license, no person shall hold more than one license at one and the same time. (5.) The mere fact that a licensee or holder of a certificate of registration is a married woman shall not operate as a bar to such licensee or holder of a certificate continuing to hold the license or certificate under this Act."

LIQUOR. 15505 1935. LiquO'r Acts Amendment Act. 15. The following new sections twenty-three, New ss. 23 twenty-four, twenty-five, and twenty-six are inserted, to 26. after section twenty-four of the Principal Act, previously inserted :- " Booth Authority. [23.] (1.) The court may at any time grant to anyBo~ h. licensed victualler or wine-se11er an authority in the :~\~~~~. prescribed form, and for a term to be specified therein, to 18, B. 36. exercise all the privileges conferred by his license at any Sch.II.,f.22. public, industrial, artistic, or scientific exhibition, or at any show ground, or at any public race meeting, regatta, .cricket match, rifle match, meeting for athletic or other sports, encampment, fair, horse sale, bazaar, or lawful place of public amusement. (2.) Notice of any such application shall be given to the inspector at least two clear days before it is made. (3.) The court shall hear any objection that may be made by the inspector or any other person to the granting of such authority at the time when .the application is made. (4.) Such authority shall be for a period not exceeding in the whole seven days, and shall be subject to any conditions and provisions imposed by the court by which it is granted. Packet Licenses. [24.] (1.) Packet licenses may be granted in the racket prescribed form by the Commission to the master of ; ~e~ ~:: No. a~ y: steamer or ot~ er mechanically pro~ el1ed .ve~sel or i: . z~ · ;95 08, sailing vessel carrymg passengers or plymg wIthm any No. 104, port or harbour or on any river in Queensland, or making s. 79. passages and conveying passengers from and to any port or place within Queensland or from any port or place within Queensland to any other port or place. (2.) Every application for a packet license shall be Sch. II., made t 0 the CommI. ss.Ion.m the prescrI' bed.c ~ orm. fT. 20 and 2l. (3.) Nothing herein contained shall be taken to prevent the Commission from refusing any application for a packet license if it thinks fit so to do. (4.) Regulations may be made which may- (a) Restrict to certain classes of vessels the grant of packet licenses ; •

15506 LIQUOR. Liquor Acts Amendment' Act. 26 Goo. V. No. 20, (b) Prohibit the sale or supply of liquor to any person on any vessel in respect of which such license is granted while such vessel is making passages between any specified points or places in any river or arm of the sea, or is lying or is stopping at any specified wharf situated in any river or arm of the sea. (5.) Save as is herein expressly excepted, the following provisions shall be applicable in the case of every vessel in respect of which a packet license has been granted :- (a) Subject to this Act and the next succeeding restrictions, the master is authorised to sell liquor to any passenger on board during any actual passage of such vessel, but at no other time: Provided that nothing in this provision shall be taken to prohibit the sale of liquor to any passenger in the course of any meal on board while the vessel is in any port other than the port at which such passenger embarked; (b) No liquor shall be sold, supplied, or given on board to a passenger already in a state of intoxication; (c) No liquor shall be sold, supplied, or given on board to any officer or member of the crew of the vessel without the written authority of the master ; (d) No passenger shall on board offer, give, or supply any liquor to the master or to any . officer or member of the crew of the vessel. (6.) Any person who commits a breach of any of the provisions of any regulation under this section or of the last preceding subsection sh'111 be liable to a penalty not exceeding twenty pounds; and if the offence is committed by any servant of the licensee, the licensee shall be deemed guilty of the like offence, and shall be liable to the like penalty. Bottlers' Licenses. . Bottlers' [25.] (1.) Any person being a registered spirit licenses. merchant or licensed victualler who desires to bottle

1935. LIQUOR. Liquor Acts Amendment Act. 15507 liquor imported or obtained by him in bulk must obtain from the Commission a license in that behalf in the prescribed form. In all cases where the bottler is an agent, particulars of the names and places of business of all companies, firms, and persons for whom he is agent shall, with his application for registration, be furnished to the Commission and there recorded. Notices of any changes of agency shall also be furnished to the Commission from time to time as they occur and similarly recorded. (2.) No person who is not registered as a bottler under this section shall carry on the business of a bottler of bulk liquor. (3.) It shall not be lawful to sell or supply any liquor in any bottle or other container unless such bottle or other container has affixed thereto a label bearing in legible characters the name and address of the bottler of such liquor or of the manufacturer, brewer, or distiller of such liquor. Any person who sells or supplies liquor in contravention of this subsection shall be liable to a penalty of not exceeding five pounds nor les~ than one pound for each bottle or other container so sold 0]' supplied. This subsection shall only apply to such bottles or other containers as are filled, sealed, capsuled, or corked, and kept. in stock ready for delivery. Billiard and Bagatelle Licenses. [26.] (1.) Any person who desires to obtain a Billiard and billiard license or bagatelle license may make application ~ agatelle as nearly as may be in the prescribed form to the ~ ~e; i~ ~ 8: No. Commission for a license authorising him to keep one or 18, B. 38. more billiard or bagatelle tables on the premises named Soh. H., f. 24. in such application. (2.) No billiard or bagatelle table shall be kept or used upon any premises subject to a licensed victualler's or wine-seller's license unless a license has been obtained for such table and the prescribed fee has been paid. (3.) (a) All billiard rooms and bagatelle rooms on. the premises of a licensed victualler or wine-seller shall only be kept open during such hours as are prescribed by the regulations, and any person who during such

15508 LIQUOR. Liquor Acts Amend,m.ent Act. 26 GEO. V. No. 20, hours is on such premises merely for the purpose of playing billiards or bagatelle shall not be deemed guilty of an offence against section eighty-five of this Act. (b) If the hours so prescribed are not the same as are prescribed by this Act ,vith respect to the sale of liquor on such premises, the regulations may prescribe conditions upon which such rooms may be permitted to remain open during the time when such premises are not permitted to be open for the sale of liquor. (4.) No billiard license or bagatelle license shall be granted under this section in respect of any premises unless the applicant at the time of making his application certifies the Commission that such premises are suitable and are provided with adequate sanitary conveniences." New s. 27. 16. The following new section twenty-seven is inserted, after section twenty-six, of the Principal Act, previously inserted:- " Registration of Spirit Merchant. Registration [27.] (1.) A certificate of registration as a spirit of spirit merchant may be granted in the prescribed form by the merchant. Commission to any person not disqualified by this Act from holding such certificate. For the purpose of such registration such person shall lodge an application with the Commission in the prescribed form. (2.) If the business of selling liquor is carried on by any spirit merchant in several distinct premises a separate and distinct certificate of registration must be applied for and obtained in respect of each of the premises, and each such certificate shall for the purposes of this Act be deemed to be separately held." New s. 28. 17. The following new section twenty-eight is inserted, after section twenty-seven of the Principal Act, previously inserted:- " Exempted Club Permits. Exemption [28.] Save as hereinafter mentioned, nothing in .t VIi' goinaumtcdaeosseo. sr of . pPearrstonVs I. ussihnagll oarppolyccutopyianngy acnluyb porremaissseosciafotiron thoef Ed~ . purpose of playing the game of bowls or golf or any 0.1 ,s. 2. other game or athletic sport approved by the Minister

LIQUOR. 15509 1935. Liquor Acts Amendment Act. .and carried on during daytime in the open air, or to any pavilion or building used in connection with such premises by the members of such club or association: Provided that section one hundred and forty-seven shall apply to every such club and association; Provided further, that no liquor shall be kept or stored (whether by or on account of such club or association or any of such members) in or on .the premises ()f such club or association, or any pavilion or building used in connection with such premises by such members, unless a permit in that behalf as nearly as may be in the prescribed form is first obtained from the Commission. It shall be in the absolute discretion ()f the Commission whether or not it will grant any such permit. Any such permit may at any time be revoked by the Commission. An application in the prescribed form shall be made for any purposes of this section." 18. The following new sections twenty-nine to New ss. 29 to thirty-four, inclusive, are inserted, after section twenty- 34, eight of the Principal Act, previously inserted ;- " Transfer of Licenses, &c. [29.] (1.) When any licensee or registered spirit Transfer of merchant desires to transfer his license or certificate of licenses, &c. registration to any other person the intending transferor and transferee shall deliver to the Commission an application in the prescribed form for such transfer. (2.) The Commission may upon being satisfied that the proposed transferee is a fit and proper person to hold a license or a certificate of registration transfer such license or certificate of registration to such person by an endorsement upon the license or certificate of registration in the prescribed form. (3.) Upon the endorsement of the license or certificate ()f registration and upon payment of the prescribed transfer fee the Commission shall return the license or certificate of registration to the person entitled thereto, and shall forthwith advise the Treasurer and clerk of petty sessions of the district concerned. (4.) A transfer of a packet license, whether from master to master or from vessel to vessel, shall be made by an endorsement upon the license and in such form as the Commission authorising the transfer may think fit.

15510 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, Application for transfer of a packet license shall be made to the Commission in the prescribed form : Provided that, in cases where, owing to changes of masters, it is not reasonably practicable to have a transfer made from a licensed master to another licensed master of a licensed vessel before such vessel proceeds on her voyage or passage, the license of the master in charge of the vessel shall enure for that vessel for such reasonable time as will permit of an application being made for such transfer: Provided further, that in cases where it is not reasonably practicable to have a transfer made from a licensed vessel to another vessel before the latter vessel proceeds on her voyage or passage, the Commission upon application made to it at any time may issue in respect of the latter vessel an authority limited to such time as will permit of an application being made for such transfer, and such authority shall during its duration. have the effect of a packet license. (5.) Upon the transfer of such,license or certificate of registration the transferee shall possess all the rights of the original license or certificate of registration, and shall be subject and liable to the same duties, obligations, and penalties as if such license or certificate of registration had been originally granted to him on the date of such transfer. (6.) No transfer of any such license or certificate of registration shall be made until the expiration of three months from the time of the granting or previous transfer of such license or certificate of registration, as the case may be. Commission [30.] The Commission may by order authorise any f&!.st person not otherwise disqualified under this Act whom li~ ~ ns: ~ here it thinks entitled to the benefit of any licensed victualler's ~ cens: e license or wine-seller's license or his qualified nominee, p::::es or for such period as specified in the order, to carry on the : = : r~ business in the licensed premises in the same manner N.Z., 1908, as if such license had been formally transferred to such 8 N . o 1 . 2 1 5 0 . 4, person, in any of the following cases, that is to say- (a) When the licensee deserts the licensed premises,· or refuses or neglects to transfer the license upon being justly required so to do; or

LIQUOR. 15511 1935. Liquor Acts Amendment Act. (b) If during the currency of the license the licensee ceases to occupy the licensed premises, or his tenancy of such premises is determined by effiuxion of time, or by notice to quit, or by any other means what- soever other than the bankruptcy of the licensee, and he refuses or neglects to transfer the license upon being justly required so to do. ... [31.] When a licensed victualler or wine-seller has Contin~ anco b een convl.Cted of· any 0 ff ence, and i . ll consequence eI ·ther loicfefnosrefeItoted becomes personally disqualified or has his lic"ense forfeited, owne:s of. the CommI. SS.lOn on t h e app] 1· Cat·IOn by or on behaIf 0 fpcreermtaIinsecsamsfls. the owner of the premises in respect of which the license ~. Z·iJ:08, was granted (where the owner is not the late licensee) s.oi26. ' and upon being satisfied that such owner was not privy to nor a consenting party to the act of the late licensee, may by order authorise such owner or his agent to carry on the business of such premises for such period specified in the order in the same manner as if such license had been formally transferred to such owner or agent; and such order shall without further process be a sufficient authority to the owner to eject the late licensee from such premises. This section applies to every case in which any license has or may become forfeited under this Act. [32.] When a licensed victualler or wine-seller has l~ ransfer of b een eJ.ect ed f rom any 1 l · Censed premI.ses, the CommI. ss.lOn e!jCeecntmseenotn. may, notwithstanding the non-production of the license~. Z., 1:08. therefor, on the application by or on behalf of the owner s. Oi2~ ~ , thereof and the proposed new tenant, grant to such tenant, if approved of by the Commission, a special certificate of transfer of such license in such form as the Commission thinks applicable. [33.] (1.) Upon the death or bankruptcy of a licensee pea~h or or holder of a certificate of registration under this Act the ~ r~ c: ~ ~ ~ r. Commission may on the application within a reasonable 49 Vic. No. time of the executor named in the will of such deceased ~ ! ds~ ·6~ 5 person, or the legal personal representative, widow, or nearest of kin of such deceased person, or the Public Curator, or the trustee of the estate of such bankrupt person, authorise such executor, or legal personal representative, or Public Curator, or trustee, as the case may be, either by himself or by an agent to be approved

15512 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, by the Commission, to carry on the business of such deceased or bankrupt person under such license or certificate for such period as the Commission may fix, with power to renew such authority if necessity arises. (2.) If any licensee or holder of a certificate of registration under this Act becomes insane and remains so, either in an asylum or reception house or elsewhere, for more than one month, the Commission may on the applica- tion of the wife of such insane person or of the nearest of kin, or of the Public Curator authorise such wife or an agent to carry on the business of such insane person under such license or certificate for such period as the Commission may fix, with power to renew such authority if necessity arises. Sch. lI. (3.) Every such certificate of permission shall be ft. 30 to 32. in the prescribed form, and the grantee thereof shall be subject to this Act in the same manner as the original licensee or holder of a certificate· of registration would have been. (4.) If such application is not made within a reasonable time, the license or certificate of registration shall be forfeited. Lost Licenses. ~ c~ ~ : a: ay [34.] If a license or certificate of registration is lost be granted in or destroyed, the licensee or holder of the certificate of ~ ~ s~ ~~ ~~ . registration may apply to the Commission for a duplicate 18, s. 58. of the lost license, and the Commission, on being satisfied sch.lI.,f. 33. that such license is lost or destroyed, may, upon payment of the prescribed fee, authorise the issue of a duplicate of the lost license. Any person who finds and attempts to make use of any lost license or certificate of registration shall be liable to a penalty not exceeding fifty pounds." New s. 35. 19. The following section thirty-five is inserted, after section thirty-four of the Principal Act, previously inserted :- . " Change of Premises. Pmrergeerimcsthiesarenestd. of or re[g3i5s.t]erTehde cplurebmoisreshoolfdear roefgiastebrieldliasrpdiroitr mbaegrcahtealnlet *in. t d license may be changed under the authority of a ~~ ~ : : ~: y be certificate of change of premises from the Commission. changed. * Sic in Gazette ; semble "or."

LIQUOR. 15513 1935. Liquor Ads Amendment Act. An application for change of premises may be made to the Commission in the prescribed form. If the Commission grants the application the authority for such change of premises shall be given by endorsement on the certificate or license in the prescribed form." 20. The following new sections thirty-six to New ss. 36 forty-two are inserted, after section thirty-five of the to 42. Principal Act, previously inserted:- " Powers of Oommission as to Oancellation or Acceptance . of Surrender of Licenses. [36.] In the exercise of the functions hereinbefore Powers 8.S to conferred upon the Commission by this Act, the ~ : cellatlOn, Commission may subject to the provisions hereinafter contained from time to time- (a) Cancel any licensed victualler's or wine-seller's license; or (b) Upon the application of the licensee, or where the licensee is not also the owner of the premises upon the joint application of the owner and of the lessee or sub-lessee holding the license, and of the mortgagee (if any) accept the surrender of any licensed victualler's or wine-seller's license. Any such application for the surrender of a license shall be made in the prescribed manner: Provided that, notwithstanding anything herein- before contained, the Commission shall not cancel or accept the surrender of any license unless and until provision has been made as hereinafter provided to pay in full compensation for the cancellation or surrender of such license. [37.] (1.) The Commission shall not cancel any Notice to be 1 l · Cense un 1 ess the ll' Censee, and 1 'f the ll' Censee I ' S nto a 1 so ssherovwedcatuose, the owner of the licensed premises the owner, and if the licensee is a sub-lessee the lessee, and the mortgagees (if any) of such licensed premises have been served with a notice in the prescribed manner to show cause why such license should not be cancelled. Such notice shall fix a day upon which the parties concerned may show cause, being not less than fourteen days after the serving of such notice.

15514 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, Any such notice as aforesaid may be served personally lJ.pon the person to whom it is directed or in such other manner as may be prescribed. Nothing in this section contained shall require or be deemed to require the serving of notice as aforesaid on any person who has joined in an application for the surrender of a license. . No objection (2.) No objection shall be held good to the form, ! ~ fi~ ~ of effect, validity, or sufficiency of any notice so long as it is in the form or to the effect prescribed as aforesaid. Service. (3.) All lessees and sub-lessees and mortgagees of such licensed premises shall be served with a copy of such notice or with a sufficient notice thereof in such manner as prescribed. Considera- tions of Commission. [38.] The Commission may- (a) Consider whether the premises the subject- matter of such license comply in full with all or any of the prescribed requirements relating to licensed premises; and (b) Consider the convenience of the public and the requirements of the locality in which the licensed premises are situated; and subject to the above considerations have regard to- (i.) The nature and standard of the accommoda- tion and essential services afforded by such licensed premises; and (ii.) The distance between such licensed premises and the licensed premises nearest thereto, and subject also to the above considerations and having regard to the above matters consider all such other circumstances as it shall in its absolute discretion deem relevant, including the nature and standard of the accommodation and essential services afforded by the licensed premises in comparison with the average nature and standard of the accommodation and essential services afforded by other licensed premises in the same locality and which comply in full with all of the prescribed requirements. Any such consideration as aforesaid may be given by the Commission without the giving by the Commission to the holder of the license or any other person of any notice of its intention to consider all or any of such matters.

LIQUOR. 15515 1935. Liquor Acts Amendment Act. lI.cen[s3e9.s]hWallhebree tchaencCeollmedmiossriosnurdreentedremreinde, s tthheant ssuucchh coWarnhsecuner! r!eant' ldOenr license shall subject to moneys being available to pay takes effect. compensation in full be and be deemed to be cancelled or surrendered, as the case may be, and either- (a) Forthwith if the Commission so determines; or (b) On and from a date fixed by the Commission. [40.] On and from the date of cancellation orConse· sur,render 0 f a I" lCense In manner a£ore'sadI the £ 0 11oW. Ing cqaunenceclelsatoiofn. consequences shall ensue, namely:- (a) The holder of such license shall no longer be or be deemed to be the holder of a license within the meaning of this Act; and (b) The premises the subject-matter of such license shall no longer be or be deemed to be licensed premises within the meaning of this Act. [41.] Upon the determination of the Commission <?wners and that any such license shall be cancelled the Commission ~ ~ e: ~ : : e~ oof shall serve or cause to be served upon the owner, licensee, cancellation. and lessee, sub-lessee, or mortgagee (if any) of the premises concerned a notice informing them of the determination of the Commission. The provisions of section two hundred and three of this Act shall as far as practicable apply to the service of such notice. . t o or[ 4s2h. a] IINhoavpeerosrobneshdaelelmbeedotrobheadveeemaneyd rtI. oghbte oerInctiat' llemd toRifoencso. trmicptieonnsa- to compensation in respect of any license which has been cancelled, forfeited, or surrendered under this Act other than in respect of a licensed victualler's or wine-seller's license which has been cancelled by the Commission or the surrender of which has been accepted by the Commission under and in accordance with section thirty-six of this Act." 21. The following new sections forty-three to New ss, 43 forty-six are inserted, after section forty-two of the to 46. Principal Act, previously inserted :- " Compen8ation. [43.] (1.) As soon as practicable after the deter- ~ ompensa. - mI.nat'IOn t 0 canIce or actcep the surrender 0 f any Il' CenSed mtlOandet. o be victualler's or wine-seller's license the Commission shall

/1 ! 15516 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, make a valuation on a fair and equitable basis of the amount of compensation payable to the owner of the licensed premises by reason of the value thereof being diminished owing to the cancellation or surrender of such license, and to the licensee by reason of his lease or agreement being annulled, and for the loss of his license and business. Basis of compensa- tion. (2.) (a) In making such valuation as aforesaid with respect to the owner of the licensed premises, the Com- mission shall determine the fair market value of the premises as licensed premises at the date of the deter- mination by the Commission to cancel or accept the surrender of the license, and the Commission shall also determine what would be the fair probable market value of the premises without license at the same date. The difference between the two amounts may in the first instance be deemed to be the amount of compensa- tion payable to the owner. Where the licensee has paid a cash premium for the lease in addition to an annual rental therefor, a part of the amount of such cash premium proportionate to any unexpired period of such lease shall be deducted from the amount of compensation determined by the Com- mission as the fair and equitable compensation payable -to the owner only. (b) In making such valuation with respect to the holder of a licensed victualler's or wine-seller's license, the amount of compensation payable to such licensee shall, in the first instance, be deemed to be the fair value of the lease or leases for any three years selected by the licensee during the period of ten years ended on the date of the determination by the Commission to cancel or accept the surrender of the license. In arriving at such fair value, the Commission shall take into consideration the annual fees paid by licensees, and net profit earned by the licensees as shown by their income tax returns during such period of ten years, and for the purposes of this paragraph the licensee or licensees shall authorise the Commissioner of Taxes to furnish the Commission with any particulars it may require from such income tax returns, together with any assessments and particulars of taxes paid thereon: Provided that where the unexpired portion of the tenancy of any licensee is less than three years the Commission shall in fixing the compensation make such proportionate adjustment as it thinks fit and proper:

LIQUOR. 15517 1935. Liquor Acts Amendment Act. Provided further, that where the licensee has paid a cash premium for the lease in addition to an annual rental, part of the amount ofsuch premium proportionate to any unexpired term of such lease shall be added to the amount of compensation determined by the Commission as the fair and equitable compensation payable to the licensee. ent 1 'tl( e3d. ) t I o f ctohmepelincseantsI.Oeen iass aolwsonetrhaendowanIseor tohecosmhpalelnsbae- al w l . O ls e ho D e S ro O ew O n 1 . e 3 r. tion as licensee as if he were a tenant, but in ascertaining the total amount of compensation payable to him such sum as the Commission deems a fair and proper rent shall be deducted. (4.) The compensation payable to the owner or the Fair and licensee may be an amount in excess of or less than the equitable aforesaid valuation, but so that the compensation shall ~ fo~ ~ nsa. in the opinion of the Commission be a fair and equitable compensation. (5.) For the purposes of this section, any person who is or was the licensee of licensed premises during the period of ten years preceding the date of determination by the Commission to cancel or surrender the license shall as and when required by the Commission furnish to the Commission a duplicate copy of any income tax return under *" The Income Tax Acts, 1924 to 1933," verified by a statutory declaration of such licensee as to the accuracy and truth of such copy, and it shall not be lawful for any licensee to question or deny at any time the accuracy or truth of any statement in a copy so verified of such income tax return. Any such person on applying to the Commissioner of Taxes shall be permitted to inspect and make a copy of his income tax return. (6.) If claims are also made by a lessee from such owner or by sub-lessees, or by a lessee and also by sub-lessees, the claims of the owner and of all lessees and sub-lessees in respect of the same licensed premises shall be heard together as if all such claims constituted one claim. (7.) Where by reason of the existence of a lease or by the existence of a sub-lease or sub-leases there are more claims than one in respect of licensed premises * 15 Geo. V. No. 34 and amending Acts, supra, pages 10945 et Beg.

15518 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, the Commission shall by its award distribute in such manner as it deems just and equitable among the several claimants the amount awarded as compensation: Provided that in making such distribution the Commission may adjust in such manner as it deems just and equitable any cash premium paid by any claimant to any other claimant or received. by any claimant from any other claimant in respect of any lease or sub-lease of the licensed premises. Commission [44.] (1.) The Commission in determining the amount rteoghaardveto of compensation to be paid to the owner, lessee, sub- mortgage, lessee, or licensee in respect of any license cancelled or &c. surrendered under this Act shall pave regard also to the rights of any mortgagee whose security will be depreciated in value by such cancellation or surrender, and any such mortgagee shall be entitled to be represented and to call evidence. No objection (2.) At any sittings of the Commission held for any ~ ~ ! ~ service. purpose whatever no objection on behalf of any person served with notice thereof that notice has not been served on any other person shall be allowed. Notice of compensa- tion payable. [45.] (1.) When any compensation is awarded by the Commission to the owner, lessee, sub-lessee, and/or licensee six weeks' notice of the amount of the compensation shall before the same is payable be given by the Commission by advertisement in the Gazette and in some newspaper circulating in the district in which the licensed premises are situated. (2.) (a) Every mortgagee from such owner, lessee, sub-lessee, or licensee shall have a lien upon the amount payable to the mortgagor as compensation for the amount of the mortgage debt (including interest, costs, charges, and expenses) upon giving notice in writing to the Commission within one month from the date of such advertisement or within such extended time as the Commission shall allow, and thereupon the same shall, unless otherwise ordered by the Commission on application as hereinafter mentioned, be a first charge on the compensation, which shall not be paid to the mortgagor unless with the consent in writing of the mortgagee. (0) Upon receipt of such notice the Commission shall forthwith send a copy thereof to such mortgagor, who, if he disputes the title of such mortgagee or the amount

LIQUOR. 1935. LiqtlO't' Acts Amendment Act. of the mortgage debt, may within fourteen days after . the service of such notice as aforesaid alld upon notice to the mortgagee apply to the Commission in the prescribed manner for a determination of such dispute, and the Commission may make such order with respect to the compensation money or in the premises as it thinks fit. (3.) If no such application by the mortgagor is made or subject to any order that the Commission may make, the payment or tender of such amount to the mortgagee shall be deemed to be payment or tender to the mortgagor. (4.) (a) The notic-e required to be given by the Commission under subsection one of this section shall state the name and address of the owner, lessee, sub-lessee, or licensee, as the case may be, to whom compensation is payable, and no person other than the persons mentioned in such notice shall be entitled to receive such compensation or to make any claim in respect thereof as pwner, lessee, sub-lessee, or licensee against the Commission unless within the period of six weeks after publication of the notice he lodges with the Commission a claim in writing to such compensation stating whether compensation is claimed by him as owner, lessee, sub-lessee, or licensee. (b) If no such claim is mad~ within the said period the compensation awarded may be paid by the Commission to the persons named in the notice. (c) If any such claim is made within the said period the Commission may pay the compensation awarded, other than the compensation in respect of which the claim is made, to the owner, lessee, sub-lessee, or licensee named in the notjce whose right to payment is not disputed by the claim, and the Commission may pay the compensation in respect of which the claim is made, or in the case where the owner is a partial or qualified owner or is under any \disability or where the owner neglects or refuses to deduce or verify his title within one month after being requested in writing so to do, into the Treasury in trust for the person entitled thereto. (d) The payment of such compensation into the Treasury shall be deemed to be a payment of such compensation to the pe~ son entitled thereto within the meaning of this Act. 15519

15520 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, (e) An application for payment out of the compensa- tion paid into the Treasury may be made to the Commis- sion in the prescribed manner by the person making the claim or the person named in the notice or by any person claiming to be entitled thereto, and the Commission may make such order in relation thereto as is just. (f) The expression " partial or qualified owner " as used in this subsection includes any tenant for life, or in tail, or married woman re8trained from alienation or anticipation, or lunatic, or idiot, infant, trustee without power of sale, or feoffee in trust for charitable or other purposes, and any other person not entitlecl to sell the premises the subject of the elaim for compensation. Payment or [46.] (1.) At any time after the amount of compensa- tceonmdpeernosfa- tion determined in accordance with this Act is payable tion. to the party entitled to the same, payment or tender thereof may (subject to the provisions of the last preceding section) be made to such party personally, or if it is made to appear to the Commission that such party cannot be found then the Commission may direct the compensation due to such party to be paid into the Treasury in trust for such party, his executors, administrators, and assigns. When license deemed to be in force. (2.) Until the Commission determines under andjn accordance with this Act that a license has ceased to be in force such license shall continue to be in force as provided in this Aet, and the licensee shall be deemed to be the holder of a license under this Act." New ss. 47 22. The following new sections forty-seven to to 49. forty-nine are inserted, after section forty-six of the Principal Act, previously inserted :- Borrowing powers. " Payment of Oompensation-Advance by Treasurer. [47.] For the purpose of enabling the Commission to pay the compensation in respect of any cancelled or surrendered license as hereinbefore determined, the Treasurer may advance from Loan Account the amount of such compensation to the Commission. Such advance from the Loan Account shall be regarded as a loan from Loan Account to the Treasurer, and shall be conditioned as to terms and conditions of repayment of interest and redemption as the Treasurer shall determine, and, except as hereinafter provided, be a charge upon the revenue received by the Treasurer under this Act.

1935. Liquor Acts Amendment Act. There shall also be established in the Treasury a Trust Fund into which shall be paid all moneys received from the sale of cancelled, forfeited, or surrendered licenses, and such Fund shall first be charged with and applied in redemption of moneys advanced by the Treasurer from Loan Account under this section and until there are moneys in such Fund, or in the event of such Fund not being sufficient at any time to meet the annual repayments of interest and redemption in respect of the advances from Loan Account, such repayments shall wholly or partly, as the case may be, be a first charge upon the revenue received by the Treasurer under this Act. 15521 Removal of Cancelled or Surrendered License to another Locality. [48.] The Commission may from time to time Removal of remove a cance 11 ed , surrendered, or . ~ c or~ .( e . I "ted ll' Cense t 0 csuanrrceenlldeedreodr premises in another locality in the same district or in any license to other district as it considers necessary to meet the ~ !~e.~. convenience of the public and the requirements of any such locality: Provided. that the Commission shall before making a determinatIon' to remove any such license consider whether the additional accommodation and requirements deemed to be necessary to be provided at the locality to which it is proposed to remove a cancelled, forfeited, or surrendered license could be provided at existing licensed premises, and whether the licensees of such existing premises shall first be required to provide additional accommodation and/or essential services, having regard to the previous conduct and management of such licensed premises: Provided further, that the Commission shall before removing any such license hear and consider any objec- tions made personally or by petition to the Commission by- (a) The Local Authority of the city, town, or shire in which the premises in question are situated, or are to be situated; (b) Any elector of the district; (c) Any owner or licensee of existing licensed premises within the immediate vicinity of such proposed licensed premises.

15522 LIQUOR. LiqU()r Acts Amendment Act. 26 GEO. V. No. 20, - , No licensee required to provide additional accommo- dation and/or essential services under this section shall have an objection by reason of the fact that the accommodation and/or essential services already provided upon his licensed premises complies with the requirements prescribed by regulations under this Act. License to be obtained [49.] (1.) When the Commission determines to by public remove a license in accordance with the last preceding tender. section it shall submit such license for sale by public tender. The Commission shall appoint a time and place for the receipt of any such tender and shall give the prescribed notice of the same and the particulars thereof. (2.) Before calling for public tenders the Commission shall determine the accommodation and requirements or the additional accommodation and requirements deemed to be necessary at the locality to which it is proposed to remove any such license, and shall prepare specifica- tions of such accommodation and requirements or such additional accommodation and requirements upon which tenders shall be based and subject as hereinafter provided be d e t e r m i n e d . , ; . , ,.,. (3.) The tenderer shall tender in terms of the specifications and any other conditions of tender which the Commission may specify, and shall accompany his tender with sketch plans drawn to scale showing the premises proposed to be erected, added to, altered, or improved, a full description of the accommodation and improvements or additional accommodation and improve- ments to be provided, including a description of bathing and sanitary conveniences and any other services essential to licensed premises, number and situation of bars or additional bars for the sale of liquor, and generally any other services proposed to be provided, or new features designed for the convenience of the public, and an approximate estimate of cost, and a full description of the boundaries of the land which is proposed to be comprjsed in the licensed premises. In the event that the tenderer is not the owner of the proposed premises, the name of the owner of such premises and the terms of any agreement or proposed agreement between himself and the owner of such premises.

LIQUOR. 15523 1935. Liquor Acts Amendment Act. (4.) The Commission may accept the tender which Power.of. on a V.Iew 0 f a11 t he C'lrcumst ances appears t 0 I' t t 0 be iCnomremspISeScltOnof the most advantageous, and may take security for the tenders. due performance of every such contract, or the Commission may decline to accept any such tender. (5.) On the acceptance by the Commission of any Action ~ b tender for such license and upon payment of the purchase ~ Er~ ~ ~ . y price the Commission shall endorse such license in the mission. prescribed form and shall forthwith advise the Treasurer and the clerk of petty sessions of the districts concerned: Provided that no such endorsement shall be made unless or until the conditions of contract have been complied with to the satisfaction of the Commission. (6.) The convictions (if any) recorded upon a license Eras,.ure of tinhteerne f dreodm tobybtehereCmoomvnendS" SslhOanl. l upon removal be erased creocnovrI.Cdtl ? O f ns. (7.) The Commission shall pay such purchase price into the Treasury, and such purchase price shall be dealt with by the Treasurer as hereinbefore provided." Con8equential Amendment8 to Part IV. 23. The following consequential amendments are Amendments made in Part IV. of the Principal Act in the sections of Part IV. hereinafter indicated:- (i.) In subsection two of section sixty-three of the Amendment Principal Act the word " licensing" is repealed. of s. 63. (ii.) In subsection one of section sixty-five of the Amendment Principal Act, after the words" licensed premises," the of s. 65. words "in such a condition that billiards or bagatelle may be played thereon " are inserted. (iii.) In subsection one of section seventy-four of Amendment the Principal Act the word " court " is repealed and the of s. 74. word " Commission " is inserted in lieu thereof. (iv.) In subsection one of section seventy-six of the Amendment Principal Act the word "licensing," where it twice of s. 76. occurs, is repealed. (v.) In subsection one of section eighty-eight of thetne~ dment Principal Act the words "or wine-seller" are repealed; ° s. 8. also the word " licensing " is repealed. In subsection two 'of the said section the word " licensing" is repealed.

15524 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, Amendment of B. 95. (vi.) In section ninety-five of the Principal Act the word " court," wherever it occurs, is repealed, and the word "Commission" is respectively inserted in lieu thereof. Amendment (vii.) In section ninety-six of the Principal Act the Df B. 96. words" The licensing court, at its annual or any quarterly sittings" are repealed, and the words "The court, at any time," are inserted in lieu thereof. Amendment (viii.) The following new paragraph (d) is added to of B. 110. section one hundred and ten of the Principal Act, namely:- " (d) The clerk of petty sessions shall notify the Commission .of the endorsement on the license." Amendment of B. Ill. (ix.) The following new paragraph is added to section one hundred and eleven of the Principal Act, namely:- "The clerk of petty sessions shall notify the Commission of any such endorsement on the license." Amendment of B. 112. (x.) The following new subsection three is added to section one hundred and twelve of the Principal Act, namely:- "(3.) The clerk of petty sessions shall notify the Commission of every such endorsement on a license or forfeiture of a license." Amendment (xi.) In section one hundred and fourteen of the of B. 114. Principal Act, after the words "petty sessions," the words" who shall forward such license to the Commission" are added. Amendment (xii.) In section one hundred and sixteen of the of s. 116. Principal Act the word "court," wherever it occurs, is repealed, and the word " Commission" is respectively inserted in lieu thereof; also the words "until the end of the period for which the license was granted" are repealed, and the words "for a period fixed by the Commission " are inserted in lieu thereof. Amendment (xiii.) The following new subsection three is added of B. 117. to section one hundred and seventeen of the Principal Act, namely :- " (3.) The clerk of petty sessions shall notify the Commission of such endorsement."

15525 1935. Liquor Acts Amendment Act. 24. The headnote to section one hundred and Repeal of nineteen of the Principal Act, being "PART V. - f~ ; , ~ ~ tv. REGISTERED SPIRIT MERCHANTS," is repealed, and the and new following new headnote is inserted in lieu thereof, headnote. namely :-" PART V.-OBLIGATIONS, DUTIES, AND LIABILITIES OF REGISTERED SPIRIT MERCHANTS." Amendments to Part V. 25. The following amendments are made in Part Amendments V. of the Principal Act to the sections hereunder to Part V. indicated, namely:- (i.) Section one hundred and nineteen of the Repeal of Principal Act is repealed. s. 119. (ii.) In section one hundred and twenty of the Amendment Principal Act the words" a place appointed as afore- of s. 120. said" are repealed, and the words "the premises upon . which he carries on business as a spirit merchant" are inserted in lieu thereof. (iii.) Section one hundred and twenty-one of the Repeal of Principal Act is repealed and the following new sections ~ e~ 2! s~ ~ gl one hundred and twenty-one and one hundred and a,nd 122. twenty-two are inserted in lieu thereof, namely:- "[121.] Any person, not being a registered brewer, registered distiller, or licensed victualler, or wine-seller, or licensed auctioneer selling as aforesaid, and not otherwise disqualified under this Act, who desires to sell such liquor as last aforesaid, and in quantities of two gallons or upwards of one and the same description of liquor must hold a certificate of registration in that behalf: . Provided that in the case of sales by any such person to any licensed victualler the quantity shall not be less than as aforesaid, but the liquor sold need not be of one and the same description. [122.] The Commission may cancel a certificate of~ hen .. registration or in any case where in its opinion the person ; ar; ~ ~ : ~ ~ f registered has been convicted of such offence or offences certificate. against this Act as to render him no longer fit to hold such certificate or to be registered." (iv.) Sections· 121A, 121B, 121c, 121D, 121E, 121F, ! ~ ) ~ al~ o! o 121G, 121H, 12IJ, 121K, 122, and 123 of the Principal 12lK and Act are repealed. l~ 3~ 22 and (V.) In section one hundred and twenty-four of the ~ ~ e~ ~ ent Principal Act the words " or renewed the registration of . . his premises as aforesaid " are repealed.

15526 LIQUOR. Liquor Acts Amend.ment Act. 26 GEO. V. No. 2C, Repeal of (vi.) Section one hundred and twenty-five of the B.125. Principal Act is repealed. Repeal of 26. The headnote to section one hundred and thoeaPdanrottVe I. twenty-eight of the Principal Act, being" PART VI.- and CLUBS," is repealed, and the following new headnote nineswertion of is inserted in lieu thereof, namely :-" PART VI.- headnote. OBLIGATIONS, DUTIES, AND LIABILITIES OF REGISTERED CLUBS AND EXEMPTED CLUBS." A mendments to Part VI. Amend- ments of Part VI. 27. The following amendments are made in Part VI. of the Principal Act to the sections hereunder indicated, namely:- Repeal of (i.) Sections one hundred and thirty-one, one ss.13lto135. hundred and thirty-two, one hundred and thirty-three, one hundred and thirty-four, and one hundred and thirty-five of the Principal Act are repealed. s nR . eew1p3es 6a . la1on3fd6. Princ(iiip. ) alSAeccttioins roenpeealheudnadnrdedtheanfdollothwiirntgy-nsiexw soefcttihone one hundred and thirty-six is ipserted in lieu thereof, namely : ~ When " [136.] The Commission :may in its absolute Cmoamymcaisnscieoln discretion cancel the certificate~ of registration of any registration club if it is satisfied that all Qr any of the following of club. grounds exist in respect of such club, namely:- (a) That the club has ceaJsed to exist, or that the number of members is less than eighty or forty, as the case may be, according to the locality in which the premises are situated. (b) That it is not conducted in good faith as a club, or that it is kept or habitually used for any unlawful purpose or mainly for the supply of liquor. (c) That there is frequent drunkenness in the club premises, or that persons in a state of intoxication are frequently seen to leave the club premises, or that the club is conducted in a disorderly manner. (d) That illegal sales of liquor have taken place in the club premises. (e) That persons who are not members are habitually admitted to the club premises merely for the purpose of obtaining liquor.

LIQUOR. 15527 1935. Liquor Acts Amendment Act. (f) That the supply of liquor to the club is not under the control of the members or the committee appointed by the members. (g) That any of the rules of the club are habitually broken. (h) That the rules have been so changed as not to be in conformity with the provisions required by this Act to be embodied in the rules. (i) That any other specified provision of this Act has not been complied with." (iii.) Sections one hundred and thirty-seven, one Repeal of hundred and thirty-eight, one hundre.d and thirty-nine, ~ ~4~ 37 to one hundred and forty, one hundred and forty-one, one hundred and forty-two, one hundred and forty-three, and one hundred and forty-four of the Principal Act are repealed. (iv.) In subsection one of section one hundred and Amendment. forty-five ofthe Principal Act, after the word" secretary," of s. 145. . the words " to the Commission and " are inserted. In subsection two of the said section, after the words" be given," the words" to the Commission and" are inserted. (v.) In paragraph (b) of subsection one of section Amendment one hundred and forty-seven of the Principal Act the of 8.147. words "throughout the Electoral District or Local Option Area in which an election or vote is being held " are repealed; also in the proviso to the said subsection the word " licensing " is repealed. , (vi.) The last paragraph of section one hundred Amendment and fifty-one of the Principal Act is repealed. of s. 151. The following new paragraph is added to the said section, namely:- " The club known as the Anzac Club, conducted by an association known as the Returned Sailors and Soldiers' Imperial League of Australia, Queensland Branch, and the club conducted by the Returned Sailors and Soldiers' Labour League, both of which clubs are situated in Brisbane, shall for the purposes of this Act be and be deemed to be registered clubs, and the provisions of this Act shall extend and apply to such clubs accordingly."

15528 LI~ UOR. Liquor Acts Amend,ment Act. 26 GEO. V. No. 20, 8R. e1p5e2a.l of Princ(ivpiia.l) ASecct tiiosnrepoenaeledh.undred and fifty-two of the Amendments to Part VII. ~ ;ndmv¥ r 28. The following amendments are made in Part o - art . VII. of the Principal Act to the sections hereinafter indicated, namely:- Amendment (i.) Section one hundred and fifty-three of the of 8. 153. Principal Act is amended by the insertion therein, after the words " maker of wine," of the words " or for any club or association of persons not being a registered club or an exempted club"; also by the addition thereto of the following new paragraph, namely :- " Provided that no person shall, for the purposes of this Act, be or be deemed to be a grower and maker of wine unless the premises upon which he makes wine are situated upon land of which not less than three acres is used for the cultivation of grapes in a reasonable manner." Amendment (ii.) In section one hundred and fifty-five of the of 8. 155. Principal Act, after the words " Christmas Day," where such words now occur, the words" or during prohibited days or hours provided by section one hundred and forty-seven " are inserted. Amendment of 8. 159. (ill.) Subsection one of section one' hundred and fifty-nine of the Principal Act is repealed and the following new subsection one is inserted in lieu thereof, namely :- " (1.) Upon complaint on oath before any justice of the peace by any person that he reasonably suspects that liquor is sold or kept for sale in any premises or place by some person not licensed to keep or sell the same, such justice may grant a warrant to any inspector or officer of police to enter and search such premises or place between the hours of six in the morning and twelve at night, and, if admission is refused to break into the same and to seize all liquor found thereon and any vessels containing liquor, and to detain them until the complaint is heard. A justice shall upon being informed of such seizure by summons under his hand require the person in whose possession the liquor is found to appear before the court and at such time andplace as are specified in the summons to show cause why such liquor and vessels should not be forfeited.

LIQUOR. 15529 1935. Liquor Acts Amendment Act. If at the hearing of the case such person so called upon to show cause fails to satisfy the court that such liquor was not kept for the purpose of being illegally sold or disposed of, then such liquor and vessels shall be for- feited, and shall be sold or otherwise disposed of as the Minister directs; and, after payment of the expenses the proceeds of the sale shall be applied in like manner as in this Act is directed in the case of penalties." 29. The headnote to section one hundred and Repeal of sixty-two of the Principal Act, being "PART VIII.- Part VIII.-- LOCAL OPTION," is repealed, and the following new ~~~~~n. headnote is inserted in lieu thereof, namely :-" PART VIII.-PROHIBITION POLL." 30. Sections one hundred and sixty-two to one Repeal of hundred and ninety-one, both inclusive, of the Principal ~ ~/ 62; o Act are repealed; *" The Local Option Votes (Liquor repe:falso Acts) Postponement Act of 1934 " is repealed; and any ~ f " r~ et' Proclamation made under such repealed Act is revoked. v~ ~ : s( lq: : r Acts) Post- ponement Act of 1934." 31. The following new sections, namely sections one New ss. 162 hundred and sixty-two to one hundred and seventy-eight, to 178. both inclusive, are inserted in the Principal Act, after the headnote " PART VIII ,-PROHIBITION POLL," as follows :- "[162.J In this Part, unless the context otherwise I~terpreta­ indicates, the following terms have the meaning set tlOn. against them respectively, that is to say:- t" Elections Act "-The law in force for the time Elections being relating to the election of members of Act. the Legislative Assembly; " Elector" An elector entitled under the Elector. ElectionsAct to vote at the election of a member of the Legislative Assembly; " Minister "-The Home Secretary or other Minister. Minister of the Crown charged for the time being with the administration of this Part; " Petition "-A petition under this Part: the Petition. term includes any copy or duplicate of a petition; * 25 Geo. V. No. 41, supra, page 15070. t 6 Geo. V. No. 13 and amending Acts, supra, page 6779.

15530 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, Prescribed. " Prescribed "-Prescribed by this Part or by any regulation; Promoter. " Promoter "-The person concerned in promoting any petition; Referendum poll. "Referendum poll "-The poll of referendum votes provided for by this Part; Regulations. " Regulations "-Regulations made under the authority of this Part; Speaker. " Speaker "-The Speaker of the Legislative Assembly, and generally the terms used in this Part have the same meanings as are respectively assigned to them in the Eleotions Act. Petition. [163.J A petition under this Part may be forwarded to the Minister and may pray that a referendum shall be taken of the electors of every Electoral District of the State on the following question (hereinafter in this Part referred to as " the question") submitted in the following form, namely;- " Are you in favour of- Prohibition of manufacture, importation, and retail offermented and spirituous liquors? " The form of ballot-paper shall be as prescribed. The first petition may be so presented not later than the thirtieth day of November of such year as shall be fixed by the Governor in Council by Proclamation published in the Gazette, which year shall be not earlier than the sixth calendar year from and after the passing of *" The Liquor Acts Amendment Act of 1935," and the referendum hereinbefore provided for may subject to this Act be taken in the calendar year next following the year in which the petition is so presented. Where the question has not been caxried at a referendum a subsequent petition may be presented during a calendar year not earlier than the sixth calendar year after the taking of such referendum. Submission [164.J (1.) The persons concerned in promoting any opfetpitrioopnotsoed petition shall send notice of their names and addresses Minister, and of the proposed petition to the Minister, who shall. tahnedreaocnti. on thereupon satisfy himself that- (a) The proposed petition complies with this Part of this Act; * This Act.

LIQUOR. 15531 1935. Liqtwr Acts Amendment Act. (b) There is a bona fide desire on the part of the promoters that the matters set forth in the petition be submitted to a referendum, and there is a likelihood of the requisite number of signatures to the petition being obtained. The promoters shall also deposit with the Minister the sum of one hundred pounds. (2.) Upon being so satisfied, the Minister shall- (a) Cause the petition to be printed; (b) Issue a sufficient supply of copies of the petition (each of which shall bear upon the face thereof the date of issue) to the returning officer of each Electoral District for trans- mission to each clerk of petty sessions, each clerk of a Local Authority, each head teacher of a State school, each officer of police in charge of a police station, and to such other officers of the Public Service, justices of the peace, and other persons as may be approved by the Governor in Council within and for each Electoral District ; (c) Declare the roll for each Electoral District which shall be used as an official roll for the purposes of this Part: the roll so declared shall be conclusive evidence of the right of any person whose name is included therein to sign the petition; (d) Forward a sufficient supply of the official roll of the Electoral District, including all Electoral Divisions thereof, to the returning officer of such District for transmission to each of the persons mentioned in paragraph (b) of this subsection within such Electoral District, and direct that each of such persons shall have the custody of such official roll and of the copy of the petition received by him from the returning officer. [165.] Every petition under this Part must be signed~ etit~ n, by at least ten per centum of the electors of the State, Bi~: d~m and any petition which is not signed as herein provided, or which in any other respect does not comply with this Part, shall be of no force and effect.

15532 LIQUOR. Liqu.or Acts Amenament Act. 26 GEO. V. No. 20, Who may [166.] (1.) The petition may be signed by any person sign petition. whose name is on the official roll of the Electoral District before any of the following persons, who shall be regarded as approved witnesses, namely:-A clerk of petty sessions, clerk of a Local Authority, head teacher of a State school, officer of police in charge of a police station, and such other officers of the Public Service, justices of the peace, and other persons as have been approved by the Governor in Council as aforesaid within and for the Electoral District. (2.) No person shall sign the petition except before an approved witness. (3.) Every person claiming to sign the petition shall- (i.) State his surname and Christian name to the approved witness; and (ii.) If so desired by such approved witness, state any other particulars necessary for the purpose of identifying his name on the official roll. (4.) Before any person signs, the approved witness shall put to him the following question:- " Is your name on the official Electoral Roll of this District ? " And unless such question is answered in the affirmative, the person shall not be permitted to sign. (5.) The approved witness shall attest the signature, and shall write opposite thereto the number of the elector's name on the official roll, and shall make a mark opposite such number on the roll to show that such person has signed. (6.) No person shall sign the petition more than once, or at any place outside the Electoral District for which he is enrolled. (7.) Every signature shall be written upon the sheets bearing or attached to the petition itself, and not pasted upon or otherwise transferred thereto; but signatures may be obtained to several copies or duplicates of the petition, and all such copies and duplicates shall be deemed to constitute one petition. (8.) All signatures to the petition must be obtained within three months from the date of the issue of the petition or such further time as the Governor in Council may grant on the application of the promoters.

LIQUOR. 15533 1935. Liquor Acts Amendment Act. [167.J Not later than fourteen days after the Petitions and expiration of the time allowed for obtaining signatures, ~ ~ ~ ' : ments each person having the custody of the official rolls and to be copies of the ; pet~ tion shall forward to the returning !~ ~ :% ~ ~d to officer of the Dlstnct-- officer. (a) The copy of the petition as signed; (b) A statutory declaration verifying the signa- tures witnessed by him, and deposing to the best of his knowledge, information, and belief that this Part has been duly complied with as regards each such signature; and (c) The official rolls as marked by him: Provided that the said period of fourteen days may, before the expiration thereof, be extended for a further period not exceeding thirty days by the Governor in Council on the application of the promoters. [168.J (1.) The returning officer, on receipt of the Duty of copies of the petition and the marked official rolls, shall returning make a mark against the corresponding numbers on a clean officer. official roll kept by him, and shall thereafter certify the number of signatures which have been obtained in his Electoral District, and that so far as he is concerned the relevant provisions of this Act have been complied with, and shall f\>rward to the Principal Electoral Officer appointed under the Elections Acts for the time being such certificate, together with the copies of the petition and the marked rolls and statutory declarations received from the approved witnesses, and' also his official roll so marked as aforesaid. (2.) Upon the receipt from all the returning officers D~ tr of of certificates, copies of the petition, declarations, and MmlSter. marked rolls as aforesaid, the Principal Electoral Officer appointed under the ElectionsAct for the time being shall satisfy himself that the requisite number of signatures has been obtained, and shall, if so satisfied, make out and sign a certificate to that effect, and shall publish the certificate in the Gazette. Such certificate shall be conclusive evidence of the matters stated therein. Upon the publication of such certificate, the Minister shall repay to the promoters the sum of one hundred pounds deposited by them as aforesaid. But, if the requisite number of signatures to the petition has not been 0 btained, the said sum shall be paid into the Consolidated Revenue Fund. H

15534 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, As soon as possible after the signing of the certificate the Principal Electoral Officer shall return the petition together with a copy of the certificate to the Minister, and the Minister shall present such petition and copy of the certificate to the Speaker. .submission [169.] When a petition has been presented to the toof eqlueecstotirosn. Speaker praying for a referendum on the question, he shall, at the expiration of ninety days after such presentation, issue his writ for the submission of the question to the electors by a referendum in accordance with the provisions of this Part. Returning {)fficer. [170.] (1.) The Governor in Council may appoint by commission under his hand and seal a fit person to be the returning officer for taking a referendum poll under this Part. In case of sickness or other cause preventing the returning officer from acting, the Governor in Council may in like manner appoint some other person to act as returning officer in his stead. Notification of the appointment of the returning officer shall be published in the Gazette. (2.) The returning officer, in addition to the powers and duties vested in and imposed upon him by this Part, shall have such of the powers and shall perform such of the duties of a returning officer appointed under the ElectionsAct as are necessary for carrying this Part into effect. Assistant returning officer. (3.) Every returning officer appointed under the ElectionsAct shall be an assistant returning officer for the purposes of this Part and, in addition to the powers and duties vested in and imposed upon him by this Part, shall have such of the powers and shall perform such of the duties vested in and imposed upon a returning officer under the ElectionsAct as are necessary for carrying this Act into effect. (4.) The writ for the referendum poll shall be directed to the returning officer. A copy of the writ shall be published in the Gazette. Time for [171.] The referendum poll of the electors on the oten. ktihneg vote question under this Part shall take place on the date question. named in the writ, not being later than ninety days after the date on which the writ is issued.

LIQUOR. 15535 1935. Liquor Acts Amendment Act. The persons entitled to vote at the taking of a Who entitled referendum poll shall be the electors, and no other to vote. persons. [172.J (1.) The mode of exercising the right to vote Application at a referendum poll, and of ascertaining such right, shall of Elections be the same as at elections of members of the Legislative Act. Assembly. And generally (except as may otherwise be provided in this Act, or any regulation made thereunder) every enactment contained in the Elections Act regulating and making provision for the holding and conduct of elections, the proceedings before and at and subsequent to such elections, including compulsory voting, and all incidental matters shall, so far as applicable thereto, apply mutatis mutandis to the referendum poll to be taken under this Part. (2.) Every act or omission which would be punish- able by law, if the same had occurred in connection with the holding of an election, shall be held to constitute the like offence, cognisable in the like manner, and punish- able by, the like punishment if the same occurs in connection with a referendum poll. [173.J Every assistant returning officer shall, in Du:y of manner provided by the ElectionsAct, ascertain the : : :. = ~ number of votes respectively recorded at the referendum officer. poll in favour of and in opposition to the question at the various polling-places within the Electoral District for which he is the'returning officer, for which purpose the presiding officer at each such polling-place shall make a return (certified by him to be correct) to the assistant returning officer of the number of votes so given respectively at such polling-place; and the assistant returning officer shall thereupon forthwith make out and furnish a return for such District (certified by him to be correct) to the returning officer appointed under this Part. Every return to be made under this section may be transmitted by telegraphic message or messages under *" The Telegraphic Messages Act of 1872." [174.] The total number of votes respectively Endorse. recorded at the referendum poll in favour of and in ~ : : ~ eturn opposition to the question, showing the respective votes of writ. * 36 Vie. No, 13, supra, page 745,

15536 LIQUOR. Liquor Ads Amend,ment Act. 26 GEO. V. No. 20, in each Electoral District, shall be endorsed upon the writ by the returning officer, who shall forthwith return the writ so endorsed to the Speaker. When question carried. [175.] Th~ question shall be carried if at least three-fifths of the votes given at the referendum poll have been given in favour of the question. The result of the referendum poll so endorsed shall be published by the Minister in the Gazette within twenty- eight days from the return of the writ. Publication Such publication shall be evidence of the result of the of result. referendum poll. Expenses. [176.] All expenses incurred in the execution of this Part of this Act and in the taking of a referendum poll shall be defrayed out of moneys to be from time to time appropriated by Parliament for the purpose. Result if question carried. [177.] If the question is carried at a referendum poll the following consequences shall ensue on and from. a date to be fixed by the Governor in Council, being a date not later than two years from the date of such referendum :- (a) Every license, including any license granted by the Commissioner for Railways, and every certificate of registration and every permit· shall cease and become absolutely void and shall not be renewed. (b) It shall not be lawful to import into or to manufacture, sell, supply, deliver, barter, or otherwise dispose of any liquor within Queensland. Any· person who imports into or manu- factures, sells, supplies, delivers, barters, or otherwise disposes of liquor within Queens- land shall be liable to the same penalties as are imposed by this Act for selling liquor without a license. All such liquor, whatever the quantity may be, and all measures, jars, or other utensils used in holding, or measuring, or conveying it found in the possession or custody of any such person shall be forfeited and shall be destroyed or sold subject to this Act.

LIQUOR. 15537 1935. Liquor Acts Amendment Act. (c) Nothing in this section shall be held to prohibit the sale of methylated spirits for use in the arts or manufactures or as a fuel, or to prohibit the sale or supply of wine for sacramental purposes, or to prohibit the sale of liquor for medicinal use under the following conditions, that is to say:- (i.) The sale must be on the prescription of a legally qualified medical practitioner; and (ii.) The seller must be a pharmaceutical chemist registered under *" The Pharmacy Acts, 1917 to 1933" (or any Act amending or in substitution for the same); and (iii.) The bottle or other vessel in which such liquor is contained must be distinctly labelled with the words "Intoxicating Liquor " and the name and address of the seller. If any person sells liquor for medicinal use otherwise than is herein provided, he shall be liable for the first offence to a penalty not exceeding twenty pounds, and for the second or any subsequent offence to a penalty not exceeding fifty pounds. For the purposes of this section, any keeper or other person in charge of any inn or public accommodation house or any employee of such person who stores or keeps any liquor on behalf of any person, with liberty to such person or any other person to consume the same on his premises, shall be deemed to supply liquor. [178.J The Governor in Council may from time to Regulations. time make all such regulations as may be necessary for carrying this Part into full effect, and as to the form of the writ and of the ballot-paper, and for directing, assisting, and safeguarding the promoting, signing, making, and presentation of petitions and the taking of referendum polls, and may by such regulations impose a penalty not exceeding fifty pounds for any breach thereof, and the provisions of section one hundred of t" The Elections Acts, 1915 to 1932," shall, mutatis mutandis, apply and extend accordingly." * 8 Geo. V. No. 11 and amending ActH, avpra, pages 8320 et 8eq. t 6 GBo. V. No. 13 and amending Acts, 8upra, pages 6779 et 8eq.

15538 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, Repeal of s. 192 and new s. 192. Amendments to Part IX. 32. The following sections of Part IX. of the Principal Act are amended as hereinafter indicated, namely:- (i.) Section one hundred and ninety-two is repealed and the following new section is inserted in lieu thereof, namely:- Appeal. "[192.] Every decision, conviction, or order of any court under this Act, other than a decision given for the purpose of giving effect to a Prohibition Vote in cases where such Prohibition Vote has been carried (from which lastmentioned decision no appeal shall be) shall, for the purposes of any appeal be and be deemed to be a decision of justices under *" The Justices Acts, 1886 to 1932," and the provisions of the said Acts relating to appeals for justices shall apply accordingly." Amendment (ii.) In section two hundred and one the words of s. 201. "licensing court" are repealed, and the words " Commission or court " are inserted in lieu thereof. Amendment (iii.) Section two hundred and four of the Principal of s. 204. Act is amended by repealing proviso (c) thereof. Repeal of s. 207 and 33. (1.) Section two hun red and seven of the new s. 207. Principal Act is repealed, and t e following new section is inserted in lieu thereof : - Fees. "[207.] (1.) Such fees as t e regulations may from time to time prescribe shall be payable in respect of matters arising under this Act. (2.) Such fees shall be paid to the secretary of the Commission or the clerk of petty sessions, as the case may require, before the time when the proceedings in respect of which such fees are payable are taken. (3.) No such fees shall be charged to any inspector, police officer, or to any other public officer for or in respect of any information required or in respect of any proceeding taken by any such inspector, police officer, or other public officer under this Act." (2.) Until such fees are prescribed as liereinbefore provided in the new section two hundred and seven, the fees set forth in the said repealed section shall so far as applicable continue to be due and payable and to * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq.

LIQUOR. 15539 1935. Liq1lor Acts Amendment Act. the intent that such fees shall be deemed to have been duly imposed under the new section two hundred and seven. 34. (1.) Section two hundred and eight of the Repeal of P rm· C.lpa]. A C t' IS repea1ed and t he . ~ c o 11 owm . g new sect'IOn s n . e 2 w 08 s. a 2 n 0 d 8. two hundred and eight is inserted in lieu thereof:- " [208.] The Governor in Council may from time Regulations. to time make regulations providing for all or any purposes, whethel.' general or to meet partioular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act and, where there may be in this Act no pro"Vision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. Without limiting the generality of these provisions, such regulations may provide for all or any of the following matters:- (a) Prescribing the business and proceedings of the Commission; the meetings thereof; the duties of secretary and other officers; and the keeping of proper minutes of the Commission. (b) Prescribing the method of giving or service of notices, orders, demands, or requirements by the Commission or secretary or any authorised officer thereof. (c) The allowances and travelling expenses which may be paid to members or officers of the Commission. (d) The form of and matter to be contained in any return, document, or other writing required by the Commission to be made or furnished to it by any clerk of petty sessions or any other person and the verification of any such return, document, or other writing. (e) All forms required by this Act or permitted to be prescribed. (f) All matters required or permitted by this Act to be prescribed. (g) Generally to give effect to the objects and purposes of this Act.

15540 LIQUOR. LiquorActsAmendmentAct. 26 GEO. V. No. 20, 1935. Forms. All regulations made or purporting to be made under this Act shall upon being published in the Gazette have the same effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. The publication in the Gazette of any such regulation shall be conclusive evidence of the matters contained therein, and of the power and authority to make such regulation. All such regulations shall be laid before Parliament forthwith, if then sitting; and, if not then sitting, within fourteen days after the commencement of the next ensuing session. If the Legislative Assembly, within the next fourteen sitting days after any regulations have been so laid before such House, resolves that such regulations or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such regulations or to the making of any regulations. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of business." (2.) The forms set out in the Second Schedule to the Principal Act may with such modifications as the case may require be used for all or any of the purposes of the Principal Act, as amended by this Act, until appropriate forms are prescribed under and in accordance with new section two hundred and eight. Operation of 35. Without limiting the operation of *" The Acts Act. Shortening Acts "- (a) All Proclamations, Orders in Council, and notifications made and published, all appoint- ments made, all regulations and forms made and promulgated, any authority, direction, notice, or order made or given under the Principal Act, and all things done or purport- ing to be done under the Principal Act, and generally all acts of authority originated under the said Acts and in force or subsisting at the passing of this Act shall so far as consistent with the Principal Act, as amended * 31 Vic. No. 6 and amending Acts, supra, pages 15 et seq.

LIQUOR-LOANS. ---------- - - - - - - - - - ----, 26 GEO. V. No. 22, 1935. Loan Balances Diversion Act. 15541 by this Act, continue in full force and effect, and shall so far as is consistent with the Principal Act, as amended by this Act, be deemed to have been made, published, promulgated, given, done, and originated under and for the purposes of the Principal Act, as amended by this Act. (b) All matters and proceedings commenced under the Principal Act and pending or in progress at the passing of this Act may be continued, completed, and enforced under the Principal Act, as amended by this Act. 36. In all copies of *" The Liquor Acts, 1912 to Reprinting 1932," as amended by this Act, hereafter printed by Act. the Government Printer, the sections, subsections, and lettered paragraphs thereof shall be renumbered and relettered so as to be in consecutive numerical or alphabetical order, as the case may require, throughout, and all specific references to any section, subsection, or other provision by its number or alphabetical letter in any enactment contained in this Act or in any other Act shall be amended by the substitution of the proper number or letter of the reprinted Act. LOANS. An Act to Authorise and Empower the Diversion of 26 Geo. V. the Balances of Certain Loan Appropriations ~ ;· L~: u. BALANCES Authorised by Certain Acts in and for DIVERSION • ACT OF 1935. purposes other than the purposes AuthorIsed by such Acts. [ASSENTED TO 5TH DEOEMBER, 1935.] W HEREAS by certain Acts of the Parliament of Preamble. Queensland, more particularly mentioned in the first column of the Schedule to this Act, sums of Schedllle. money were authorised to be raised by way of Loan for the several purposes set forth in such Acts : • 3 Geo. V. No. 29 and amending Acts, 8upra, pagps 5527 et 8eq.