Liquor (Amendment) Act 1907 (NSW)

Act No. 2 1 , 1907.

An Act to amend the Liquor (Amendment) Act,

1905 ; to validate certain acts, proclamations,
and notifications, and to declare the law in certain respects; and for other purposes.

[24f/i December. 1907.]

Assembly of New South Wales in Parl iament assembled, and by the the advice and consent of the Legislat ive Council and Legislat ive authori ty of the same, as follows:— BE it enacted by the King's Most Excellent Majesty, by and with

1. This Act m a y b e cited as the " L i q u o r (Amendment) Act,

1907."

2. Subsection two of section sixty-eight of the Liquor (Amend­ ment) Act, 1905, is amended by omitting " l e s s than such number is so g iven ," and inserting "resolution ' C ' has not been carried," and by inserting at the end of the subsection the following words : " and shall be deemed to have been given in favour of resolution ' B . ' "

3. The same section is further amended by adding thereto a new subsection as follows: —

(5) The special court, constituted as hereinafter provided,

shall have power to make the necessary calculations from the result of the voting as notified by the returning officer in the Gazette, and from the number of electors on the electoral rolls for the electorate, to determine what resolution has been carried.
4. Section sixty-nine of the said Act is amended by inserting the words " by the Min i s t e r " after the word " Gazette."

5. Paragraph (h) of section seventy-five of the said Act is amended by adding at the end of the paragraph the following words: " a n d such notification shall be prima facie evidence of such result ."

7. Where in accordance with the provisions of subsection two of section sixty-eight of the Liquor (Amendment) Act, 1905, the votes given at any local option vote taken before* the commencement of this Act in favour of resolution " C," have been added to the votes given in

6. Al l acts done, proclamations issued, or notifications made in the Gazette before the commencement of this Act, and purporting to he in pursuance! of the provisions of the Principal Act or the Liquor (Amendment) Act, 1905, shall be deemed to be and are hereby declared to have been lawfully done and made, and to be valid and effectual to all intents and purposes.

in favour of resolution " B , " such added votes shall be deemed to have been given in favour of resolution " 13," and if such addition gave a majority of votes in favour of that resolution, then resolution " B " shall be deemed to have been carried.

8. A special Court, constituted under section seventy of the Liquor (Amendment) Act, 100.), shall be deemed to have had power to make the necessary calculations, from the result of the voting as notified by the returning-officer in the Gazette, and from the number of electors on the electoral rolls for the electorate, to determine what resolution has been carried, in pursuance of section s ixty-eight of the said Act as amended by this .Vet.

9. No proceedings before, and no determination or order by, a

special court constituted under section seventy of the Liquor (Amend­ ment) Act, 1905, shall be appealed against, challenged, stayed, reversed, arrested, or avoided for any error or omission unless some substantial wrong appears to have been done, or some other miscarriage of just ice occasioned by reason of such error or omission.

10. Resolution " B " shall be deemed, and is hereby declared

to have been, lawfully carried at the local option vote taken on the
tenth day of September, one thousand nine hundred and seven, in all
the electorates specified in the notice given in pursuance of the provisions of section sixty-nine of the Liquor (Amendment) Act, 1905, dated the twenty-ninth day of November, and published in the Gazette of the thirtieth day of November, one thousand nine hundred and seven.

11 . Nothing in this Act shall affect the rights of any person or

corporation the subject of legal proceedings in the Supreme Court pending on the seventeenth day of December, one thousand nine hundred and seven :

Provided that the decision of the Supreme Court on such matters shall be final.

Act