Liquor (Amendment) Act 1946 (NSW)

LIQUOR (AMENDMENT) ACT.

Act No. 34, 194G.

An Act to provide for the submission to a referendum of the question of the hour at which certain premises licensed under the Liquor Act, 1912, and clubs registered under that Act shall close; to make further provision for the regulation of the sale of liquor; to amend the said Act and certain other Acts in certain respects; and for purposes connected therewith. [Assented

to, 21st May, 1946.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis­	Wales in Parliament assembled, and by the authority of
the same, as follows :—

PART I.

PRELIMINARY.

1 . This Act may be cited as the "Liquor (Amend­ ment) Act, 1946."

2. This Act is divided into Par ts as follows:—

PART I.—PRELIMINARY.

PART II .—REFERENDUM ON CLOSING HOUR FOR LICENSED PREMISES AND REGISTERED CLUBS.

PART III.—MISCELLANEOUS AMENDMENTS OF THE LIQUOR ACTS.

PART IV .—CLUBS.

PART V.—RECONSTITUTION OF LICENSING COURTS.

PART I I .

REFERENDUM ON CLOSING HOUR FOR LICENSED PREMISES

AND REGISTERED CLUBS.

DIVISION 1.—Application of Parliamentary Electorates

and Elections Act, 1912, as amended.

3 . (1) In this Part—

"Elec t ion" means an election of members of the Legislative Assembly. "Licensed

"Licensed premises" means premises licensed under Par t I I I of the Liquor Act, 1912, and includes clubs registered under that Act.

"Referendum" means the referendum to be

conducted under this Part .

"This P a r t " means this Pa r t of this Act, and includes the Schedule to this Act.

(2) A reference in this Par t to the Liquor Act, 1912, shall be construed as a reference to that Act as amended by subsequent Acts.
(3) A reference in this Par t to the Parliamentary Electorates and Elections Act, 1912, shall be construed as a reference to that Act as amended by subsequent Acts.
4 . The question of the hour at which licensed premises shall close, shall be submitted by way of a referendum to the electors qualified to vote for the election of members of the Legislative Assembly.
The question shall be so submitted to the electors within twelve months after the date upon which the Assent of His Majesty to this Act is signified.
5 . (1) Subject to this Par t the provisions of the Parliamentary Electorates and Elections Act, 1912, and any regulations made thereunder shall, so far as they are applicable, apply to and in respect of the referendum as if it were an election, and for the purposes of the referendum references in any such provision shall be read as follows:—

(a) a reference to a writ shall be read as a reference to the writ for the referendum;
(b)	a reference to a polling-day shall be read as a reference to the day fixed by the writ for the referendum for the taking of the votes of the electors;
(c)	a reference to a poll shall be read as a reference to the taking of the votes of the electors for the purposes of the referendum;
(d)	a reference to an election shall be read as a reference to the referendum;
(e)	a reference to electoral matter or to electoral papers shall be read as a reference to corres­ ponding matter or papers in relation to the
referendum; (f)

(f)	a reference to a ballot-paper, ballot-box, or other, thing shall be read as a reference to a ballot- paper, ballot-box, or corresponding thing in relation to the referendum;
(g)	any reference to " this Ac t " or " this P a r t " shall be read as a reference to the provisions or Par t , as the case may be, of the Act applicable to the referendum.

(2) For the purposes of the referendum—

(a)	each returning officer shall, subject to the direc­ tions of the Electoral Commissioner, make the necessary arrangements for the taking of the votes of the electors in his electoral district;
(b)	a ballot-paper shall not be rejected as informal except for a reason specified in this Par t or in the regulations made thereunder;
(c)	the vote of an elector shall be marked on his ballot-paper in the manner directed by this P a r t ;
(d)	upon the adjournment of a poll by any deputy, such deputy shall forthwith give notice thereof to the returning officer;
(e)	where any polling stands adjourned the return­ ing officer shall not transmit his statement of the result of the voting in his district to the Electoral Commissioner until the poll so adjourned has been finally closed and the ballot- papers transmitted to the returning officer.
DIVISION 2—Writ for the referendum.
6 . A writ for the referendum may be issued by the Governor. The writ shall be directed to the Electoral

Commissioner.
7 . (1) The writ may be in or to the effect of the Form A in the Schedule to this Act, and shall appoint a day for taking the votes of the electors, and a day for the return of the writ.

(2) The day appointed for taking the votes of the electors shall be a Saturday, and shall be not later than the fortieth day from the date of the issue of the writ.
8. The Electoral Commissioner shall forthwith after the receipt of the writ—

(a) endorse on the writ the date of receipt by him;

(b)

(b)	cause to be inserted in the Gazette and in two or more newspapers circulating in the State a noti­ fication of the receipt of the writ, and of the days appointed for the taking of the votes of the electors and for the return of the writ;
(c)	forward a copy of the writ to the returning officer for each electoral district.

9 . (1) At the referendum only those electors who would be entitled to vote if the referendum were an election shall be admitted to vote.

(2) Nothing in this section shall be deemed to

entitle any person who is disqualified from voting to vote.

DIVISION 3—Voting at the referendum.

1 0 . The voting at the referendum shall, subject to this Part , be taken on the day appointed by the writ for taking the votes of the electors.

11. The polling places and subdivisions appointed and established under the laws for the time being in force relating to elections shall be polling places and sub­ divisions for the purposes of the referendum.

12. Each elector shall vote only once at the refer­

endum.

1 3 . (1) The voting at the referendum shall be by

ballot.

(2) Upon receipt of a ballot-paper, other than an absent voter's ballot-paper or a postal ballot-paper, the elector shall, without delay retire alone to some unoccu­ pied compartment of the booth and there in private record his vote on the ballot-paper.
(3) The elector shall record his vote by placing the number " 1 " in the square opposite the closing hour
for which he desires to give his first preference vote, and

shall give contingent votes for all the remaining closing hours by placing the numbers " 2 " and " 3 " in the squares opposite those closing hours respectively, so as to indicate by numerical sequence the order of his pre­ ference for them.

(4) After recording his vote on the ballot-paper

the elector shall—

(a) fold the ballot-paper so as to conceal the vote marked thereon and to show clearly the signa­ ture or initials of the returning officer or deputy,

and

and then forthwith openly and without unfolding

it deposit it in the ballot-box;

(b) then quit the booth.

1 4 . (1) The ballot-papers to be used at the referen­ dum shall be in or to the effect of the Form B in the Schedule to this Act.

(2) For the purposes of voting under the provisions relating to absent voters contained in the Parliamentary Electorates and Elections Act, 1912, the ballot-papers to be used at the referendum shall be in or to the effect of the Form C in the Schedule to this Act.

(3) For the purposes of voting under the provisions relating to voting by post contained in the Parliamentary Electorates and Elections Act, 1912, the form of ballot-paper to be used at the referendum shall be in or to the effect of the Form D in the Schedule to this Act.

(4) An absent voter or a postal voter shall mark his vote on the ballot-paper in accordance with the directions set out on the ballot-paper.

DIVISION 4.—Scrutineers.

1 5 . (1) Licensed publicans' organisations and

temperance organisations may respectively appoint—

(a)	one scrutineer, but not more than one, for any polling booth;
(b)	such number of scrutineers as may be prescribed by regulations made under this Par t to be
present at the counts conducted in pursuance of

sections sixteen, twenty-two and twenty-three of this Act by the returning officer, and by the Electoral Commissioner.

For the purposes of this subsection each place or table
at which a returning officer or a deputy returning officer
presides shall be deemed to be a separate polling booth.
(2) Any person who presents himself as a scru­
tineer shall satisfy the returning officer or deputy
returning officer or officer in charge of the counting, as
the case may be, that he is an authorised representative

of the organisations on behalf of which he claims to act.

(3)

(3) Where two or more persons claim to act as the scrutineer or scrutineers appointed by either of the organisations above referred to, and a dispute arises as to the person or persons entitled so to act, the return­ ing officer, or deputy returning officer or officer in charge of the counting, as the case may be, shall decide who shall act, and his decision shall be final.

(4) Every scrutineer before acting as such shall make and sign before the Electoral Commissioner, returning officer, or deputy (as the case may be), a declaration in or to the effect of the form prescribed by regulations made under this Part .

DIVISION 5—Proceedings after close of poll.

16. As soon as is practicable after the close of the poll the returning officer and every deputy at the polling place at which each presides shall, in the presence and subject to the inspection of such of the scrutineers as choose to be present, and the poll clerks (if any), but of no other persons, open the ballot-box and proceed to count the number of first preference votes recorded for each closing hour.

17. (1) A ballot-paper (including a postal voter's ballot-paper and an absent voter's ballot-paper) shall be informal if—

(a)	it is not duly signed or initialled by the returning officer or deputy; or
(b)	the voter has failed to indicate the number of his preference in respect of any of the closing
hours set out on the ballot-paper; or
(c)	it has upon it any mark or writing not author­ ised by this Par t to be put upon it, which, in the opinion of the returning officer, will enable any person to identify the voter.

(2) Informal ballot-papers shall be rejected at

the scrutiny.

18. Notwithstanding anything to the contrary in this Act a ballot-paper shall not, by reason of any marking thereon not authorised or required by this Par t be treated as informal, or be rejected at the scrutiny if, in the

opinion

opinion of the returning officer, the voter's intention is
clearly indicated on the ballot-paper.

1 9 . Immediately after ascertaining the total number of first preference votes recorded in favour of each closing hour, each deputy shall make up—

(a)	in one parcel, the ballot-papers which have been used in voting at his polling booth during the referendum;
(b)	in a second separate parcel, the ballot-papers which have remained unused thereat;
(c)	in a third separate parcel, the certified copies of rolls supplied to the said deputy, signed by him and all books, rolls, and papers kept or used by him during the polling;

and shall seal up the said several parcels; and shall permit any of the scrutineers who may desire to do so to affix his or their seals to such parcels and shall endorse the same severally with a description of the contents

thereof, and with the name of the district and polling

place, and the date of the polling; and sign with his name the said endorsement; and shall transmit the said parcels to the returning officer.

2 0 . Each deputy shall, together with the parcels aforesaid, transmit to the returning officer a list of the total number of first preference votes recorded for each closing hour, and also an account in which such deputy shall charge himself with the number of ballot-papers

written out by him, specifying therein the number thereof originally delivered to him, and the number (if any)	delivered to and used by voters and the number not so-
delivered or left unused; and every such list and account respectively shall be verified as well by the signatures of the said deputy and the poll clerk (if any) as also by the signatures of such of the scrutineers as are present and consent to sign the same.
2 1 . The returning officer shall, in respect of the polling booth at which he himself has presided, make up in separate parcels in like manner as is herein required of deputy returning officers, all ballot-papers used o r

unused,

unused, and all books, rolls, and papers kept or used by him at such polling booth; and shall seal up and also permit to be sealed up by the scrutineers, and shall endorse in like manner as aforesaid the several parcels; and shall also make out in respect of the said booth the like list as is herein required in the case of deputy returning officers, which said list shall be verified by the signature of the returning officer, the poll clerk (if any) and scrutineers in the manner aforesaid.

2 2 . (1) The returning officer shall, as soon as practicable after the close of the poll, in the presence of such of the scrutineers as choose to be present, and with such assistance as he may deem necessary, proceed to count the number of first preference votes recorded for each closing hour on all ballot-papers (not rejected as informal), including postal and absent voters ' ballot- papers, used in connection with the poll for his district.

(2) The returning officer shall as soon as is practicable after the count has been completed—

(a) prepare and sign and permit to be signed by such of the scrutineers as are present and wish to sign the same a certificate setting out in relation to the votes recorded at all the polling places in or for his district—

(i)   the number of first preference votes recorded for each closing hour;

(ii)	the number of ballot-papers rejected as

informal;

(b)	arrange the used ballot-papers (not rejected as informal) under the respective closing hours by placing in a separate packet all those papers for which the first preference is given for the same closing hour;
(c)	make up in one parcel all the packets referred to in paragraph (b) of this subsection, and in a separate parcel all ballot-papers which he has rejected as informal;

(d)

(d)	transmit to the Electoral Commissioner the parcels referred to in paragraph (c) of this subsection, together with the certificate prepared and signed by him pursuant to paragraph (a), of this subsection;
(e)	comply with the provisions of section one hundred and twenty-seven of the Parliamentary Electorates and Elections Act, 1912, except in so far as those provisions relate to used ballot- papers.

(3) I t shall be permissible for the returning officer to accept information as to the votes polled at Lord Howe Island which is transmitted to him by cable or wireless and which he is satisfied is authentic in lieu of the list referred to in section twenty of this Act.

DIVISION 6.—Electoral Commissioner to ascertain result.

2 3 . (1) Upon receipt of the parcels and certificates transmitted to him pursuant to paragraph (d) of subsection two of section twenty-two of this Act, the Electoral Commissioner shall in the presence of such of the scrutineers as choose to be present and with such assistance as he may deem necessary proceed to ascertain the result of the referendum in accordance with this section.

(2) The aggregate number of first preference votes recorded in all electoral districts for each closing hour shall be counted. For the purpose of such count the Electoral Commissioner may accept the figures set out in the certificate of the various returning officers transmitted to him in pursuance of section twenty-two of this Act.

(3) The closing hour in respect of which the largest number of first preference votes has been recorded, shall, if that number constitutes an absolute majority of votes, be the closing hour chosen by the electors.

(4)

(4) If no closing hour has received an absolute majority of first preference votes, the Electoral Commis­ sioner shall make a second count.

(5) On the second count, the closing hour which has received the fewest number of first preference votes shall be excluded, and each ballot-paper counted to that closing hour shall be counted to the closing hour next in the order of the voter's preference.

(6) The closing hour which has then received an absolute majority of votes shall be the closing hour chosen by the electors.

(7) If at the first count two or more closing hours have an equal number of votes, and one of them has to be excluded, the Electoral Commissioner shall determine between them by lot which of them shall be excluded.

(8) In this section—

The expression " a n absolute majority of votes"

means a greater number than one-half of the whole

number of ballot-papers counted.

The expression "determine by lo t " means deter­
mine in accordance with the following direction:—

The closing hours concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the closing hour which is first

drawn shall be excluded.

2 4 . (1) At any time before endorsing the writ the Electoral Commissioner may, if he thinks fit (and shall, if so directed by the Governor), direct the returning officer for any district to make a recount of the ballot- papers contained in any parcel relating to his district.

(2) The officer conducting a recount shall have the same powers as if the recount were the scrutiny, and may reverse any decision in relation to the scrutiny as to the allowance or admission or disallowance or rejection of any ballot-paper.

2 5 . Having ascertained the result of the referendum the Electoral Commissioner shall in respect of each electoral district make up in one parcel the used ballot- papers (other than those which have been rejected as informal) and in another parcel the ballot-papers rejected as informal. He shall seal up the several parcels; and shall permit any of the scrutineers who may desire to do so to affix his or their seals to such parcels; and shall endorse the same severally with a description of the contents thereof respectively, and the name of the elec­ toral district to which they relate, and the date of the polling, and sign with his name the said endorsement; and shall forthwith forward the parcels to the Clerk of the Legislative Assembly to be by him safely kept until the dissolution of Parliament.

DIVISION 7.—Return of writ.

2 6 . (1) The Electoral Commissioner shall endorse on the writ a statement setting out the closing hour which has been chosen by the electors, as ascertained in accord­ ance with this Part , and shall sign the statement and shall return the writ with the statement endorsed thereon to the Governor.

(2) The Electoral Commissioner shall cause a copy of the statement to be published in the Gazette; and the statement so published shall, subject to this Part , be conclusive evidence of the result of the referendum.

DIVISION 8.—Disputed returns.

2 7 . Any question respecting the validity of the referendum, or of any return or statement showing the voting on the referendum, may be referred by resolution of the Legislative Council or of the Legislative Assembly to the Supreme Court, and the Supreme Court shall have jurisdiction to hear and determine the question.

2 8 . Where any question is referred to the Supreme Court under this Division, the President of the Legislative Council or the Speaker of the Legislative Assembly (as the case may be) shall transmit to the Prothonotary a statement of the question upon which the determination

of the Court is desired. 2 9 .

2 9 . The Supreme Court, in relation to a reference under this Division, shall sit as on open court, and shall have the powers conferred by the Parliamentary Electorates and Elections Act, 1912, on the Court of Disputed Returns, so far as they are applicable.

3 0 . The Electoral Commissioner shall be entitled and
the Supreme Court may allow any other person to be
represented and heard upon the hearing of the reference.

3 1 . The procedure in relation to a reference under this Division shall be as prescribed by Rules of Court or in default of Rules of Court by the Supreme Court or a judge thereof.

3 2 . After hearing and determination of any reference under this Division the Prothonotary shall forthwith forward to the Clerk of the Parliaments or to the Clerk of the Legislative Assembly, as the case may be, a copy of the determination of the Supreme Court.

3 3 . The referendum or any return or statement showing the voting on the referendum shall not be avoided on account of any delay in relation to the taking of the votes of the electors or in relation to the making of any statement or return or on account of the absence or error of or omission by any officer which did not affect the result of the referendum:

Provided that where any elector was, on account of the
absence or error of or omission by any officer, prevented

from voting at the referendum, the court shall not, for the

purpose of determining whether the absence or error of	or omission by the officer did or did not affect the result
of the referendum, admit any evidence of the way in which the elector intended to vote.

DIVISION 9.—Regulations.

3 4 . (1) The Governor may make regulations not inconsistent with this Par t prescribing all matters which are required to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Part.

(2)

(2) Where the time allowed to do any act is insufficient, and an alteration or extension of such time and any alteration of dates consequent thereon is expedient, the regulations may declare that such altera­ tion shall be made, and thereupon the same shall be made and take effect accordingly.

(3) The regulations shall be published in the Gazette and shall take effect from the date of publication or from a later date to be specified in the regulations.
(4) The regulations shall be laid before both Houses of Parliament within fourteen sitting days after publication if Parliament is in session, and if not then within fourteen sitting days after the commencement of the next session.

(5) If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after the regulations have been laid before such House disallowing any regulation or part

thereof, such regulation or part shall thereupon cease to

have effect.

DIVISION 10.—Offences.

35. The provisions of this Division shall be construed as being in addition to such of the provisions of the Parliamentary Electorates and Elections Act, 1912, as are applicable to the referendum.

36. Any person who, after the issue of a writ for the
referendum and before the votes have been taken in

pursuance thereof, supplies to an elector any meat, drink,

or entertainment, or horse or carriage hire, with a view
to influence his vote in connection with the referendum

shall be guilty of an offence and shall be liable to a penalty not exceeding two hundred pounds or imprisonment for one year.

37. Any person who gives, confers, or procures, or promises, or offers to give or confer, or to procure or attempt to procure, any money, property, or benefit of any kind, to, upon, or for any elector or any other person—

(a) in order to influence the elector in his vote in connection with the referendum; or

(b)

(b)	in order to induce the elector to refrain from voting at the referendum; or
(c)	in order to induce the elector to support or oppose any closing hour,

shall be guilty of an offence, and shall he liable to a penalty not exceeding two hundred pounds or imprison­ ment for one year.

3 8 . Any elector who asks for, receives, or obtains, or agrees or attempts to receive or obtain any money, property, or benefit of any kind for himself or any other person upon the understanding that his vote in connec­ tion with the referendum shall be influenced thereby, or shall be given in any particular manner, or that he will refrain from voting at the referendum, or that he will support or oppose any closing hour submitted or to be submitted to the electors at the referendum shall be guilty of an offence, and shall be liable to a penalty not exceed­ ing two hundred pounds or imprisonment for one year.

3 9 . Any person who—

(a) threatens, offers, or suggests any violence, injury, punishment, damage, loss, or disadvan­ tage to an elector or any other person—

(i)   in order to influence the elector in his vote in connection with the referendum; or

(ii)   in order to induce the elector to refrain from voting at the referendum; or

(iii)

in order to induce the elector to support

or oppose any closing hour submitted

or to be submitted to the electors at the
referendum; or

(b) uses, causes, inflicts, or procures any violence, injury, punishment, damage, loss or disadvantage towards, to or upon any elector or any other person, for or on account of any such vote, re­ fraining from voting, support, or opposition,

shall be guilty of an offence, and shall be liable to a penalty not exceeding two hundred pounds or imprison­ ment for one year.

4 0 . (1) Every person who—

(a)	prints, publishes, or distributes any advertise­ ment or document containing a representation of a ballot-paper, or any representation apparently intended to represent a ballot-paper, and having thereon any directions intended or likely to mislead or improperly to interfere with any elector in or in relation to the casting of his vote at the referendum; or
(b)	prints, publishes, or distributes any advertise­ ment or document containing any untrue or in­ correct statement intended or likely to mislead or improperly to interfere with any elector in or in relation to the casting of his vote at the referendum,

shall be guilty of an offence, and shall be liable to a
penalty not exceeding one hundred pounds.

(2) This section shall not prevent the printing, publishing or distributing of any advertisement or docu­ ment (not otherwise illegal) which contains instructions how to vote in favour of or against any closing hour or closing hours submitted or to be submitted to the electors at the referendum, if those instructions are not intended or likely to mislead any elector in or in relation to the casting of his vote.

(1) Any person who, at a public meeting to which this section applies, acts in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting is held shall be guilty of an offence,

4 1 .

and shall be liable to a penalty not exceeding five pounds. (2) This section applies to any lawful public meeting held in relation to the referendum between the date of the issue of the writ for the referendum and the date of the return of the writ. DIVISION 10.—Effect of Referendum.

4 2 . (1) On and after the date upon which the state­
ment referred to in section twenty-six of this Act is

published in the Gazette pursuant to that section, the

provisions

provisions of the Liquor Act, 1912, in so far as they prescribe that six o'clock in the evening shall be the hour at which licensed premises shall close shall be read and construed as if the closing hour specified in the statement so published in the Gazette were substituted for six o'clock.

(2) Where the closing hour so specified is nine o'clock or ten o'clock, subsection one of section fifty- seven of the Liquor Act, 1912, shall be construed as including a provision prohibiting a licensee from keeping his licensed premises open for the sale of liquor, or sell­ ing or supplying or delivering liquor, or permitting the same to be consumed on the said premises on any day between the hours of six thirty o'clock in the evening and seven thirty o'clock in the evening otherwise than under

and in accordance with a permit issued under section 57A

of that Act.

(3) Where the closing hour so specified is nine o'clock or ten o'clock, paragraph (c) of subsection one of section fifty-seven of the Liquor Act, 1912, shall be construed as including a provision excepting from its operation the period between the hour fixed for the closing of the poll at any election referred to in that paragraph and the closing hour so specified.

PAET III.—MISCELLANEOUS AMENDMENTS OF THE LIQUOR ACTS.

4 3 . This Par t of this Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

4 4 . The Liquor Act, 1912, as amended by subsequent Acts, is amended—

(a)	by omitting from section three the definition of
"Spir i t merchant";

(b) by omitting the proviso to section four;

(c)

(c) (i) by omitting subsection seven of section five and by inserting in lieu thereof the following subsection:—

(7) (a) Subject to paragraphs (b) and (c) of this subsection every licensing court for a licensing district shall be held in some court-house of a petty sessions district com­ prised within such licensing district, or in some other building appointed for that pur­ pose in the proclamation defining such district or subsequently notified in the Gazette by the Minister.

(b) Any application or matter pre­ scribed by regulations under subsection two of section eleven of this Act may be heard, determined or dealt with at any convenient court-house or place either within or out­ side the licensing district within which the premises to which such application or matter relates are situated.

(c) A licensing court may, under and subject to the provisions of subsection four of section twelve of this Act, adjourn the court to a court-house in another district.

(d) In any case in which an applica­ tion is determined under paragraph (b) or paragraph (c) of this subsection outside the licensing district in which the premises in

respect of which the application is made are
situated, the records in connection with such determination shall be forwarded to the clerk of the licensing court for such licensing district and shall be filed by him.
(ii)	by inserting at the end of subsection nine of the same section the following paragraph:—
This subsection shall not be construed to disqualify a person from hearing and deter­ mining any matter by reason only of the fact that he is a member of a club, unless the matter relates to the club of which he is
a member. (iii)

(iii)  by inserting in subsection ten of the same section after the figures "1919" the words " o r the hearing and determination of an appeal under paragraph (b) of subsection five of section one hundred and seventy of

this Act ."

(iv)   by inserting in subsection eleven of the same section after the words " the district i n " the

words " o r fo r " ;

(v)  by inserting in subsection twelve of the same section after the figures "1919" the words " o r in respect of the hearing and determination of an appeal under para­ graph (b) of subsection five of section one hundred and seventy of this Act."

(d) (i) by omitting from subsection one of section ten the words "hereinafter provided" and by inserting in lieu thereof the words "provided in this Ac t " ;

(ii)   by inserting at the end of the same subsec­ tion the words ' ' or the court dispenses with such personal attendance;"

(e) by omitting section eleven and by inserting in lieu thereof the following section:—

11. (1) Licensing courts for all purposes authorised by this Act may be held from time to time as required. At least twenty-one days

notice of the holding of such court shall be
given by affixing the same on the outer door

or front of the court-house or building in which
the court is to be held.

(2) Notwithstanding anything contained in subsection one of this section no such notice of the holding of a licensing court shall be necessary where the court is held solely for the purpose of hearing, determining or dealing with such applications or matters as may be pre­ scribed by regulations made under this Act.

(f)

(f) (i) by inserting at the end of subsection two of section twelve the words "and if no member is present, a justice may adjourn the cour t" ;

(ii)  by omitting subsection four of the same section and by inserting in lieu thereof the following subsections:—

(4) If upon the hearing of any applica­ tion or matter under this Act any party to the proceedings requires an adjournment, the court may, upon such terms as to costs or otherwise as it thinks just, adjourn the hearing to the same or any other court­ house or building within the district, or if all parties to the proceedings consent there­ to, to any court-house or building in any other licensing district.

(5) Where an application is made to the licensing court for a district for the removal of a license or of a certificate of registration of a club from premises situated within that district to premises situated within another district, the court may of its own motion, and notwithstand­ ing anything to the contrary in this Act, adjourn the court to any court-house or building in such last-mentioned district.

4 5 . The Liquor Act, 1912, as amended by subsequent Acts, is further amended—

(a) (i) by omitting paragraph (1) of section thirteen and by inserting in lieu thereof the following paragraph:—

0 ) wine, cider or perry in quantities of not less than two gallons of any one kind of such liquor at any one time, and provided that the following conditions are observed, namely, that such wine, cider or perry—

(a) is the produce of fruit grown within Australia;

(b)

(b)	to the extent of at least seventy per centum is made by him and to the extent to which it is not made by him is used only for the purpose of blending with wine, cider or perry made by him;
(c)	is sold or offered for sale, and is delivered at the place at which such person makes wine, cider or perry, and then only between the hours of ten in the morning and six in the evening on days when the premises of a licensed publican may lawfully be open for the sale of liquor;
(d)	is not consumed or intended to be consumed on the premises where the same is made sold or offered for sale;
(e)	is delivered and taken away from such premises at one time and not by instalments; and
(f)	is not sold, offered for sale, supplied or delivered in quantities exceeding five gallons at any one time except to the holder of a license under this Act.

(ii)   by omitting paragraph (4) of the same sec­ tion and by inserting in lieu thereof the following paragraph:—

(4) liquor in any canteen established under a permit issued under the hand of the Minister at any construction camp or works of a public nature.

Every application for a permit under this
paragraph shall be referred to the licensing
court for inquiry and report, and no such

permit

permit shall be issued by the Minister ex­ cept upon the recommendation of the licen­ sing court. Such permit may be issued sub­ ject to such terms and conditions as to the hours within which liquor may be sold under the permit and the circumstances in which liquor may be so sold as the licensing court shall determine. Any such permit may be revoked by the Minister at any time if he thinks fit so to do.

(iii)   by omitting from paragraph (7) of the same section the words "before the same" and by inserting in lieu thereof the words " t o the holder of a license under this Act, before

such l iquor";

(iv)   by inserting after paragraph (8) of the same section the following new para­ graphs :—

(9) sheriff or sheriff's officer, bailiff or member of the police force selling by auction or otherwise any liquor taken in execution or similar process or any liquor ordered to be forfeited to His Majesty by or under this or

any other A c t ­

or shall apply to

(10) the sale of liquor by or on behalf

of the Commissioner for Railways to

any passenger on a train, where such liquor is sold for consumption on such train with a meal provided by or on behalf of the Commissioner for Railways.

(b)	by omitting the proviso to paragraph (2) of section fourteen;
(c)	by omitting from section fifteen the words "six o'clock in the morning" and by inserting in lieu thereof the words " ten o'clock in the morning" ;

(d)

(d) by inserting at the end of section 15A the follow­ ing words "such liquor being supplied and delivered at and taken away from such premises at one and the same time and not by instal­ ments. And for the purposes of this section there shall be two descriptions of liquor, namely—

(a) malted liquor;

(b) liquor other than malted liquor."

(e) by omitting from section sixteen the words "of the vessel therein named" and by inserting in lieu thereof the words "for the time being of a particular vessel named in the license' ';

(f) (i) by omitting from section eighteen the word

" seven" and by inserting in lieu thereof the

word " t e n " ;

(ii)   by inserting in the same section after the word "appl icant" the words "o r of an inspector";

(iii)   by inserting at the end of the same section the words "Such condition may be with­ drawn on the request of the applicant at any subsequent renewal provided that the pre­ mises are suitable for the consumption of liquor thereon";

(g) (i) by omitting from section twenty the words " in some licensing distr ict" and by insert­	ing in lieu thereof the words " in respect of
premises situated within the licensing dis­
trict within which the booth or stand license is to be exercised";

(ii)   by inserting at the end of the same section the following new subsection:—

(2) (a) Where an application for a booth or stand license is made as prescribed by a person who is not the holder of a publican's license as aforesaid, and such person proves to the satisfaction of the court or licensing magistrate that the application is made by

him

him on behalf of and with the authority of a non-proprietary association in which is vested the land or the control and manage­ ment of the land on which any athletic or other sports or race-meeting or function for public amusement or fair is held or is proposed to be held, or on behalf of and with the authority of a non-proprietary association which conducts or proposes to conduct any such athletic or other sports, or race-meeting or function for public amusement or fair, the court or licensing magistrate may, if it is satisfied that it would be in the interests of the public so to do, grant the application of such person, notwithstanding the fact that he is not the holder of a publican's license.

(b) Every license granted under this subsection shall be subject to any conditions and provisions imposed by the licensing court or licensing magistrate granting the application.

(c) Regulations may be made under this Act prescribing all matters necessary or convenient to be prescribed for enforcing the observance by the holder of the license and by the non-proprietary association on whose behalf the application was made, of

any conditions and provisions imposed

under paragraph (b) of this subsection, and of any other terms, conditions and provi­ sions which may be included in the regulations.

(d) In this subsection—

" F a i r " includes any agricultural, horti­

cultural, pastoral or industrial show.

"Non-proprietary association" means a
corporation or club or other unincor­

porated body of persons, which under

its

its constitution, or under any law

which governs its activities—

(a)	is required to apply the profits, if any, and other income of the corporation, club or body to the promotion of its objects or to purposes provided in any such law; and
(b)	is prohibited from paying dividends or distributing pro­ fits or income to the share­ holders or members of the corporation, club or body.

"Race-meeting" has the meaning ascribed thereto in the Gaming and Betting Act, 1912, as amended by subsequent Acts.

(h) (i) by inserting at the end of paragraph (b) of subsection one of section twenty-one the words " o r any neighbouring premises in which the licensee temporarily carried on business pursuant to an authority given under section forty of this Act, and includ­ ing all liquor delivered by him or on his behalf upon, or purchased by him for any booth or stand in respect of which a license was, during the said period of twelve months, granted to him or to any other person";

(ii)   by inserting at the end of paragraph (d) of the same subsection the following words:—

In this paragraph the expression "per­ sons licensed to sell l iquor" includes not only persons licensed under this Act but also persons licensed to sell liquor in any State or Territory of the Commonwealth of Australia, under any law for the time being in force in such State or Territory.

(iii)   by omitting from the same subsection all words following the words " two pounds per d a y " ;

(i)

(i) (i) by inserting at the end of paragraph (a) of subsection one of section twenty-two the words:—

In the case of a person who is the holder of a publican's license there shall be included in such gross quantity all liquor delivered upon or purchased for any neigh­ bouring premises in which such holder carried on business pursuant to an authority given under section forty of this Act, and also all liquor delivered by him or on his behalf upon or purchased by him for any booth or stand in respect of which a license was during the said period of twelve months, or portion thereof, as the case may be, granted to him or to any other person;

(ii)   by inserting in subsection two of the same section after the word " s h a l l " the words "dur ing the month of January in each yea r " ;

(iii)   by inserting at the end of the same sub­ section the words " I n this subsection the expression 'persons licensed to sell liquor' includes not only persons licensed under this Act, but also persons licensed to sell liquor in any State or Territory of the Com­ monwealth of Australia, under any law for the time being in force in such State or Terr i tory" ;

(iv)   by inserting in subsection three of the same section after the words "subsection one" the words " o r subsection two (as the case

may b e ) " ;

(j) (i) by omitting subsection one of section twenty- three and by inserting in lieu thereof the following subsection:—

(1) The board shall fix the amount of any license fee payable on a percentage basis, on renewal of a license, and the amount so fixed shall be final and conclusive, unless the

board

board in its absolute discretion reassesses the amount in which case the reassessment shall be final and conclusive.

(ii)   by omitting from subsection three of the same section the words " the Colonial Treasurer, and (except as to railway

refreshment l icenses)";

(k) (i) by omitting from subsection one of section
twenty-four the words " the quarter ly" and
by inserting in lieu thereof the word " a " ;

(ii)   by omitting from the same subsection the words " the outer side or front of the prin­ cipal entrance door" and by inserting in lieu thereof the words "some conspicuous p a r t " ;

(iii)   by inserting in the same subsection after the word "holden" the words "The court shall decide whether or not such notice has been posted in such a manner as to invite public attention to the application";

(iv)   by omitting the proviso to the same subsec­ tion and by inserting in lieu thereof the following proviso:—

Provided always that no application for a license or for the transfer of a license shall be entertained where the applicant is under the age of twenty-one years.

(v)   by omitting subsections two, three and four of the same section;

(1) (i) by omitting from section twenty-five the words "(except any house which was licensed on the nineteenth day of December, one thousand eight hundred and eighty-

one) " ;

(ii)   by omitting from the same section all words following the word "decency" and by in­ serting in lieu thereof the words "and with such stabling or garage accommodation or both as the court shall deem necessary";

F (m)

(m) by inserting at the end of section twenty-six the following words:—

And if the license fee payable in respect of the renewal of any such publican's license, as calculated under paragraph (b) of subsection one of section twenty-one of this Act, does not exceed thirty pounds, the board may, on the application of the licensee, in its discretion fix a reduced fee in respect of such renewal, but such reduced fee shall not in any case be less than one pound. Any reduced fee so fixed shall be deemed to have been fixed by the board under section twenty-three of this Act.

(n) (i) by omitting from section twenty-seven the words " o r such further period not exceed­ ing six months as the court may allow, from the date of such record" and by inserting in lieu thereof the words "from the date of such record, or within such further period or periods (not exceeding six months at any one time) as the court may from time to time allow";

(ii)   by inserting in the same section after the words " they are completed" the word "substant ial ly";

(iii)   by inserting in the same section after the words " a publican's license shall" the words "on the request of the applicant";

(iv) by omitting from the same section all words

following the words " the character of the

applicant is objectionable";

(v)   by inserting at the end of the same section the following new subsection:—

(2) Where a conditional application has been granted under subsection one of this section, the district inspector or any three residents of the licensing district in which the premises or proposed premises to which the conditional application relates are situated, or any person referred to in para­ graph (iii) of section twenty-nine of this

Act

Act may, at any time after the expira­ tion of six months after the date upon which the grant of the conditional applica­ tion was recorded in the book of proceed­ ings of the court, make application in the prescribed manner to the court for the cancellation of such grant. And if the court, upon the hearing of an application under this subsection, is satisfied that reasonable steps have not been taken to carry out the erection, additions, alterations or comple­ tion of the premises to which the condi­ tional application relates, the court may by order, cancel the grant of such conditional application, and thereupon such grant shall have no further force or effect.

(o) (i) by inserting after paragraph (ii) of section
twenty-nine the following new paragraph:—
(iii) any person thereunto authorised by
the council of a city municipality or shire
within the boundaries of which the premises

are situated. In this paragraph " c i t y "

includes the city of Sydney.

(ii)   by inserting in the same section after the words "publican's license" the words " o r Australian wine license";

(p) by inserting at the end of section thirty the following new subsection:—•

(3) Upon the expiration of seven years after the commencement of Part I I I of the

Liquor (Amendment) Act, 1946, subsection two

of this section shall cease to have effect.

(q) by omitting section thirty three and by insert­ ing in lieu thereof the following section:—

33. On the hearing of any application made in accordance with this Act, to the granting of which objection has been made, the court may order payment to the successful party of such sum as it deems proper to meet his reasonable costs and expenses in the matter:

Provided

Provided that costs shall not he awarded against an unsuccessful opponent of an applica­ tion if the court is satisfied that his opposition is based exclusively on considerations of public interest, that it is not malicious or frivolous, and that he has no direct or indirect pecuniary interest in the. refusal of the application and no expectation of such interest.

(r) (i) by omitting from section thirty-six the words " (o ther than a booth or stand l icense)";

(ii)   by omitting from the same section the words "inspector for the district appointed under this Ac t " and by inserting in lieu thereof the words "clerk of the licensing court for the distr ict";

(iii)   by omitting from the same section the words "sa id inspector" and by inserting in lieu thereof the words "such clerk";

(iv)   by inserting at the end of the same section the following words:—

The clerk of the licensing court shall, as- soon as practicable after receiving any such notice, refer the same to the inspector for the district for his report thereon. The licensing court may, if in the circumstances it thinks it reasonable so to do, hear and determine any such application, notwith­

standing the fact that the prescribed notice

has not been delivered to the clerk of the licensing court ten days prior to the hold­ ing of the court.

(s) by inserting at the end of subsection four of section thirty-seven the following words:—

Without prejudice to the generality of the foregoing provisions of this subsection, the rights of the transferee to possess all the rights of the original licensee shall include, the right to hold any permit and any booth or stand

license

license held by the original licensee at the date of the transfer, and the right to exercise any powers and authorities which would have been exer­ cisable by the original licensee if the transfer had not been made.

(t) (i) by inserting in section thirty-eight after the word "possession" the words " o r becomes entitled to legal possession";

(ii)   by inserting in the same section after the words " F o r the purposes of this section" the words "and of subsection two of section thirty-seven of this Ac t " ;

(iii)   by inserting at the end of section thirty- eight the following new subsection:—

(2) (a) For the purposes of this section and of subsection two of section thirty-seven of this Act the owner shall, as from the date upon which the licensee has been legally evicted from licensed premises or as from the date upon which such owner comes into legal possession of licensed premises (as the case may be) and until the license for such premises is granted or transferred to the owner or a transferee, be deemed to be the licensee of such premises and to be subject in all respects to the provisions of this Act applicable to a licensee of such premises.

(b) Where a licensee has been legally- evicted from any licensed premises, or the owner of licensed premises has come into legal possession of licensed premises to the exclusion of the licensee, an application for a grant or transfer of the license shall be lodged with the clerk of the licensing court for the district in which the licensed premises are situated, within seven days from the date upon which the licensee was so evicted, or the owner came into legal possession, as the case may be.

(c)

(c) A licensing court shall not hear or determine any application under para­ graph (b) of this subsection unless it is satisfied that at least three days notice of such application has been given to the original licensee or that all reasonable steps necessary for giving such notice have been taken by or on behalf of the applicant, and that the failure to give such notice is not due to any neglect or default of the applicant or of any person employed by him for the purpose of giving the notice.

4 6 . (1) The Liquor Act, 1912, as amended by subse­ quent Acts, is further amended—

(a) (i) by omitting subsection one of section thirty- nine and by inserting in lieu thereof the following subsection:—

(1) If the holder of a publican's license or of a spirit merchant's license or of an Australian wine license wishes to remove his license from his licensed premises to any other premises, he shall give notice in or to the effect of the prescribed form of his in­ tended application to the licensing court for such removal.

Such notice shall be given in the same

manner as notice is required to be given of

an application for a license.

(ii)   by inserting in subsection two of the same section after the word "owner " the words "of the freehold";

(iii)   by inserting after subsection two of the same section the following new subsec­ tion :—

(2A) Lessees from the owner of the free­ hold of the premises from which the license is to be removed, and sublessees from a lessee or sublessee of such premises, and mortgagees of such premises shall be served

with

with a copy of the notice referred to in sub­ section one of this section, or with a suffi­ cient notification thereof in such manner as may be prescribed by regulations made under this Act.

(iv)   by inserting in subsection four of the same section after the word "owner" the words "of the freehold";

(v)   by inserting in the same subsection after the word "a t tached" the words " o r by any lessee, sublessee, or mortgagee referred to in subsection (2A) of this section.

In this subsection 'valid objection'

means ally objection which the licensing court considers to be a reasonable objection to the removal."

(vi)   by inserting after the same subsection the following new subsections:—

(4A) A publican's license or a spirit mer­ chant's license or an Australian wine license which is held in respect of premises which are not situated within the Metropolitan licensing district or within the Newcastle licensing district shall not be removed to premises situated within either of those licensing districts.

(4B) The licensing court shall not make an order of removal unless it is satisfied that

the removal of the license to the proposed

new site will be in the interests of the public in the neighbourhood of that site, and will not affect detrimentally the interests of the public in the neighbourhood of the premises from which it is proposed to remove the license.

(4c) (a) This subsection shall apply to and in respect of any proposal to remove a license from licensed premises which are situated within the Metropolitan licensing

district

district or within the Newcastle licensing district to a site which is situated within the same licensing district.

(b) In this subsection—

"l icense" means a publican's license;

"licensed premises" means premises in

respect of which a publican's
license is held.

(c) Without prejudice to the gener­ ality of any other provisions of this Act, a licensing court shall refuse to make an order of removal of a license to a proposed new site if, having regard to the sufficiency or insufficiency of licensed premises in the various areas or parts of the licensing dis­ trict it is satisfied that the public interest generally would be served to a substantially greater extent by the removal of the license to a site in some area or part of the licensing district, other than the area or part in which the proposed new site is situated.

(d) The provisions of paragraph (c) of this subsection shall not apply to or in respect of any application for the removal of a license to a proposed site which is in the same neighbourhood as that in which the licensed premises in respect of

which the license is held are situated.
(vii)	by inserting in subsection six of the same section after the word " t w o " the symbols
" ( 2 A ) " ;

(b) (i) by inserting in subsection one of section 39A after the words "publican's license" the words " o r of an Australian wine license or of a spirit merchant's license";

(ii)   by omitting from the same subsection the words " in the same licensing distr ict";

(iii)   by omitting from the same subsection the

word " the re in" ;

(iv)

(iv)   by omitting from the same subsection the words " o r such further period not exceed­ ing six months as the court may allow" and by inserting in lieu thereof the words "or , in the case of a removal of a publican's license, within such further period or periods (not exceeding six months at any one time) as the court may from time to time allow";

(v)   by inserting in the same subsection after the words " they have been completed" the

word "substantial ly";

(vi)   by inserting next after the same subsection the following new subsection:—

(1A) Where an order conditionally grant­ ing an application for the removal of a publican's license or an Australian wine license or a spirit merchant's license has been made under subsection one of this section, the district inspector or any three residents of the licensing district in which the site to which it is proposed to remove the licensed premises is situated, may, at any time after the expiration of six months after the date upon which such order was recorded in the book of proceedings of the court, make application in the prescribed manner to the court for the cancellation of

hearing of an application under this sub­such order. And if the court, upon the section, is satisfied that reasonable steps

have not been taken to carry out the erection, additions, alterations or comple­ tion of the premises to which the order relates, the court may cancel the order, and thereupon the same shall have no further force or effect.

(vii)   by omitting from subsection two of the same section the words "three, and four" and by inserting in lieu thereof the symbols and

words

words " (2A) , three, four, (4A) and (4B) and (in the case of a removal of a publican's

license) subsection ( 4 c ) " ;

(c) by omitting section forty and by inserting in lieu thereof the following section:—

40. (1) If any premises in respect of which a publican's license or an Australian wine license or a spirit merchant's license is held are from any cause rendered unfit for the carrying on of business thereon, any licensing magistrate, upon the application by or on behalf of the licensee, may, if he thinks fit so to do, by order under his hand, authorise the licensee temporarily to carry on his business either on some portion of the licensed premises or on some neighbouring premises for a period of twelve months or for such further period or periods (not exceeding six months at any one time) as a licensing magis­ trate, upon application made for the purpose, may deem necessary.

A licensee may carry on his business pursuant to an authority granted under this subsection notwithstanding the fact that the premises on which his business is so carried on are not pro­ vided with the accommodation required by this Act.

(2) (a) In this subsection "licensed

premises" means premises in respect of which

a publican's license or an Australian wine

license is held.

(b) Any owner or licensee of licensed premises, who is desirous of making any material alterations or additions thereto, shall apply to the court for authority so to do, and shall furnish the court with a properly drawn plan showing the character of the alterations or additions proposed to be made.

(c) On granting any such authority
the court shall specify a period within which

the

the proposed alterations or additions shall be completed, and the authority shall remain in force until the expiration of such period or of such further period or periods (not exceeding six months at any one time) as the court, upon application made for the purpose, may allow.

(d) If any owner or licensee of licensed premises makes any material alteration or additions thereto without the authority of the court granted under this section the license shall be liable to cancellation, or to suspension for any period not exceeding six months.

(d) (i) by omitting from paragraph (c) of sub­
section two of section 40A the words "pr ior
to the expiration of the time so specified";

(ii)   by omitting from subsection three of the same section all words following the figures "1919" ;

(iii)   by inserting in subsection four of the same section after the words "neighbouring premises" the words " o r on part of the licensed premises";

(iv)   by inserting after subsection six of the same section the following new subsec­ tion :—

lawful for the owner of the licensed subsection one of this section it shall be

(6A) Where an order is made under premises to which the order relates to authorise his architect and contractor, together with such of their employees as may be necessary, to enter upon the licensed premises for purposes of or connected with the carrying out of the order, and such architect, contractor and employees may enter accordingly and do and perform all such acts matter's and things as may he necessary or convenient for those purposes.

(v)

(v)   by inserting in subsection seven of the same section after the word " include" the words " the provision of additional sitting rooms and sleeping rooms and of facilities for the consumption of liquor at tables in lounges, gardens, under awnings or in the open air, the provision of a bottle department";

(vi)   by inserting after subsection seven of the same section the following new sub­ section :—

(8) The provisions of this section shall extend and apply to premises in respect of which an Australian wine license is held in like manner as those provisions apply to premises in respect of which a publican's license is held.

(e) by inserting next after section 40A the following new section:—

40B. (1) Upon proof that public convenience requires the provision of bedding, bed clothes, furniture, electrical or other fittings, kitchen and dining room utensils or any equipment of a like nature in any premises in respect of which a publican's license is held the licensing court may order the licensee of such premises to pro­ vide any such equipment within a reasonable time to be set out in the order.

(2) Not less than thirty days' notice of intention to make application for any order under this section shall be given to the licensee and to the clerk of the licensing court for the licensing district. (3) The notice shall set out reasonable particulars of the equipment for the provision of which the order of the court is sought.

(4) The court may upon application made by the licensee for the purpose extend the time allowed in any such order for the provision of the equipment.

(5).

(5) Upon proof to the satisfaction of the court that the licensee has failed to comply with an order under this section within the time allowed by the court, the court may suspend the license for such period as it thinks fit.

^f) by omitting section forty-two;

(g) by omitting section forty-three and by inserting in lieu thereof the following sections:—

43. (1) Every person who (not being the agent or servant of a person authorised to sell liquor under this Act) sells, or causes or suffers to be sold any liquor shall, unless he is authorised under this Act to sell the same be guilty of an offence against this section.

(2) Every person who is authorised under this Act to sell liquor, and who sells, supplies or delivers, or causes or suffers to be sold, sup­ plied or delivered any liquor in a quantity other than a quantity which he is authorised under this Act to sell, supply or deliver, or otherwise than in accordance with the terms of the authority conferred on him under this Act shall be guilty of an offence against this section.

(3) Every person who being the agent or
servant of a person authorised to sell liquor
under this Act or being a person who purports

supplies or delivers or causes to be sold, supplied to act on behalf of a person so authorised, sells, or delivered any liquor in a quantity other than a quantity which such lastmentioned person is authorised under this Act to sell, supply or deliver, or otherwise than in accordance with the terms of such authority shall be guilty of an offence against this section.

(4) Every person who is guilty of an offence against this section shall be liable—

(a) for a first offence to a penalty not exceeding one hundred pounds and

also,

also, if the court before which the offender is convicted so decides, to imprisonment for a term not exceeding three months;

(b) for a second or subsequent offence, to a penalty of not less than one hundred pounds and not exceeding two hundred pounds and also, if the court before which the offender is convicted so decides, to imprisonment for a term not exceeding three months, or where the offender has within the period of three- years next preceding the date of such conviction, been convicted of an offence against this section, to imprisonment for a term not exceeding six months.

(5) Upon the conviction for an offence against this section of a person who is the holder of an Australian wine license the offender shall forfeit to the use of His Majesty all liquor (other than Australian wine) together with the vessels containing the same found in his possession at the time of the commission of the offence.

In this subsection "Australian wine" means liquor which the holder of an Australian wine license is authorised to sell in pursuance of sec­ tion eighteen of this Act.

(6) Upon any conviction for a second offence against this section of a person who is the holder of a license of any description under this Act, or of a permit under Par t I I I A of this Act or of a certificate of registration under Par t X of this Act, such person shall thereupon be disqualified from holding any such license, permit or certificate for a period of one year from the date of such conviction.

(7) Upon the conviction for an offence
against this section of a person who is not the
holder of a license under this Act, the offender
shall

shall forfeit to the use of His Majesty all liquor together with the vessels containing the same found in his possession at the time of the com­ mission of the offence.

43A. (1) No house, office, room or other place shall be open, kept or used for the purpose of the owner, occupier or keeper thereof, or any person using the same or any person procured o r employed by or acting for or on behalf of such owner, occupier, or keeper or person using the same, or of any person having the care and management of or in any manner conducting the business thereof, selling liquor to any person, or supplying or delivering liquor on sale to any person, unless a license under this Act is held in respect of such house, office, room or other place.

(2) Whosoever opens, keeps, or uses any house, office, room or other place for any of the purposes mentioned in subsection one of this section or knowingly and wilfully permits the same to be open, kept or used by any other person for any of such purposes, or has the care or management of or in any manner assists in conducting the business of any house, office, room or place, opened, kept or used for any of such purposes, shall for the first offence be liable to a penalty not exceeding fifty pounds and for any subsequent offence to a penalty not exceeding one hundred pounds, and, if the

shall be liable to imprisonment for a term not	licensing court or convicting justices think fit
exceeding six months.
(3) Every person found in such house, office, room or place, without lawful excuse shall be liable to a penalty not exceeding five pounds.
(4) In this section " p l a c e " in the ex­ pression "house, office, room or other place" includes a vessel or boat, whether used in navi­ gation or not so used.

43B.

43B. Any driver or person for the time being
in charge of any taxi-cab, private hire car or

vehicle licensed under the State Transport (Co­ ordination) Act, 1931, as amended by subse­ quent Acts, for the conveyance of passengers, who has any liquor in his possession in or on such taxi-cab, car or vehicle, whilst the same is plying for hire, shall be liable to a penalty not exceeding fifty pounds and for any second or subsequent offence to a penalty not exceeding one hundred pounds.

(h) by omitting from section forty-four all words
following the word "exceeding" where firstly

occurring and by inserting in lieu thereof the

words " th i r ty pounds" ;

(i)   by omitting from section forty-five the word " t e n " wherever occurring and by inserting in

lieu thereof the word " t h i r t y " ;
(j)	by omitting from section forty-six the word " twen ty" and by inserting in lieu thereof the
word " t h i r t y " ;

(k) (i) by omitting from section forty-seven the

words "music o r " ;

(ii) by omitting the proviso to the same section;

(iii) by inserting at the end of the same section

the following new subsection:— (2) (a) Subsection one of this section	shall not apply to dancing on any part of
licensed premises where a permit for dancing on that part has been obtained from the court.
(b) A permit may be granted by the court for a particular occasion or may be granted generally for a period specified therein, which period shall not exceed twelve months at any one time.

(c)

(c) The court may if it thinks fit specify in any such permit the part or parts of the licensed premises which may be used for dancing under the permit and the permit shall operate accordingly.

(d) Application for any such permit may be made as prescribed by regulations made under this Act, and shall be accom­ panied by the fee prescribed in such regu­ lations.

(e) Where the court refuses the grant of any such permit it may, if it thinks fit, order a refund to the applicant of the whole or a part of the fee paid by him on his application.

(1) (i) by inserting in subsection one of section forty-nine after the word " s e l l s " the word "de l ivers" ;

(ii)   by inserting in the same subsection after

the word " s o l d " the word "del ivered";

(iii)   by omitting paragraphs (b) and (c) of the same subsection;

(iv)   by omitting from the same subsection the word " t e n " and by inserting in lieu thereof

the word "f i f ty";

(v)   by inserting in subsection two of the same section after the word "suppl ies" the words

" o r delivers";

(vi)   by omitting paragraphs (b) and (c) of the same subsection;

(vii)   by omitting from the same subsection the word " t e n " and by inserting in lieu thereof the word "fif ty";

(viii)   by omitting subsection four of the same section;

(m)

(m) by inserting at the end of section fifty-one the following words:—

In this section " b a r " includes any portion of licensed premises in which liquor is sold or sup­ plied to persons for consumption on the premises but does not include a dining room except during any period in which meals are not being served therein.

(n) (i) by inserting in section fifty-two after the

word " supp ly" wherever occurring the

word "de l iver" ;

(ii)   by omitting from subsection two of the same section the word "f ive" and by inserting in lieu thereof the word " twen ty" ;

(o) by omitting section fifty-three and by inserting in lieu thereof the following section:—

53. If the holder of any license for the sale of liquor sells, supplies or delivers liquor to any person who is at the time in a state of intoxi­ cation, he shall be liable to a penalty not exceed­ ing fifty pounds.

(p) (i) by omitting from section fifty-four the words "sell t o " and by inserting in lieu thereof the words "sell or deliver any liquor to such inebriate";

(ii) by inserting in the same section after the word " s e l l s " the words " o r supplies or

delivers";

(iii)   by inserting in the proviso to the same section after the word "sel l ing" the words "supplying or delivering";

(iv)   by inserting in the same proviso after the word " s o l d " the words "supplied or de­ livered ' ' ;

(q) by inserting in section fifty-five after the word " s e l l s " the words "supplies or delivers to or" .

(2).

(2) The Liquor (Amendment) Act, 1923, is

amended by omitting section sixteen.

(3) The Liquor (Amendment) Act, 1929, is

amended by omitting section three.

47. The Liquor Act, 1912, as amended by subsequent Acts, is further amended—

(a) (i) by inserting in paragraph (c) of subsection
one of section fifty-seven immediately before

the word "election" where firstly occurring

the word "gene ra l " ;

(ii)  by omitting from the same paragraph all words commencing with the words "except between" down to and including the words

" i s taken";

(iii)  by omitting from paragraph (d) of the same subsection the words "s ix in the morning" and by inserting in lieu thereof the words " ten in the morning";

(iv)   by omitting paragraph (a) of subsection two of the same section and by inserting in lieu thereof the following paragraph:—

(a)	the sale, supply, delivery or con­ sumption of liquor to or by any bona-fide traveller, lodger, servant or inmate if the liquor is not sold,
supplied, delivered or consumed at
the bar of the licensee's premises; or;

(v)   by omitting paragraph (b) of the same sub­ section ;

(b) (i) by omitting from subsection one of section

57A all words following the words "pro­

perly observed" and by inserting in lieu

thereof the following words:—

Any such permit shall, subject to the pro­
visions of this Act, be in force from the date

upon which the grant takes effect until the

thirtieth

thirtieth day of June next following such date, both days inclusive, but may be renewed from time to time by a further grant;

(ii)   by omitting from subsections two and five of the same section the words " the Liquor Acts ' ' wherever occurring and by inserting in lieu thereof the words " this Ac t " ;

(iii)   by omitting subsection six of the same sec­ tion ;

(c) by omitting from section fifty-eight the word " t w o " wherever occurring and by inserting in lieu thereof the word " f ive" ;

(d) (i) by omitting from subsection one of section
fifty-nine the words "section fifty-seven,

fifty-eight, or 58A" and by inserting in lieu

thereof the words " this Ac t " ;

(ii)   by omitting subsection two of the same section;

(e) (i) by omitting from section sixty the words " or the fifty-seventh section" and by inserting in lieu thereof the word " A c t " ;

(ii)   by omitting from the same section the word "twenty-five" and by inserting in lieu there­

of the word " t h i r t y " ;

(f)	by omitting from section sixty-one the words "traveller within the meaning of the fifty- seventh section of this Act", and by inserting in lieu thereof the words "bona-fide traveller";
(g)	by omitting from subsection one of section sixty- three the words "senior constable" and by in­ serting in lieu thereof the words "sergeant or any member of the police force for the time being in charge of a police s tat ion";

(h) (i) by omitting from subsection one of section

sixty-four the word "wooden";

(ii)

(ii)   by omitting from subsection two of the same section the words " the fee hereinafter mentioned, and deliver";

(iii)   by inserting next after subsection two of the same section the following new sub­ section :—

(2A) The licensee when applying for a renewal of his license shall at the same time make application for the renewal of any per­ mission for an additional bar granted in respect of his licensed premises.

(iv)   by inserting next after subsection four of the same section the following new sub­ section :—

(4A) The court may at any time, on the application of the licensee or of the inspector, revoke any permission granted by it for the sale or supply of liquor in any additional bar.

(v)   by inserting at the end of the same section the following new subsection:—

(6) A licensee who contravenes any of the provisions of subsection one or subsection five of this section shall be liable to a penalty not exceeding fifty pounds.

(i) (i) by inserting after paragraph (c) of sub­

section one of section sixty-five the follow­

ing new paragraph:—

(d) take all reasonable steps to keep his licensed premises free from flies, mosquitoes, bugs and vermin of every description;

(ii)   by omitting from subsection two of the same section the word " t e n " and by inserting in

lieu thereof the word "f i f ty";

(j)

(j) (i) by omitting subsection one of section sixty- six and by inserting in lieu thereof the following subsection:—

(1) No holder of a publican's license shall without reasonable cause, proof whereof shall lie upon him, refuse to receive any person as a guest into his house or to provide him with meals or accommodation at the charges prescribed under this section, or where no such charges are prescribed, at reasonable charges. But this subsection shall not be construed to require any such holder to provide meals at hours other than the usual meal hours ordinarily observed in the licensed premises.

Any holder of a publican's license who contravenes any of the provisions of this subsection shall be liable to a penalty not exceeding thirty pounds.

(ii)   by omitting paragraph (b) of subsection (1A) of the same section and by inserting in lieu thereof the following paragraph:—

(b) (i) Regulations made under this Act may prescribe the mini­ mum standard of quality and variety for meals and the minimum standard of sleeping

accommodation which shall be

available on the premises of a licensed publican to persons requiring the same, and may prescribe the charges to be made therefor.

(ii)   Notwithstanding anything con­ tained in such regulations the court may, if it thinks fit, in relation to any particular premises, prescribe a higher standard of quality and

variety

variety for such meals and a higher standard of such sleep­ ing accommodation, and may prescribe the charges to be made therefor.

(iii)   Any holder of a publican's license who fails to observe the standards and charges pre­ scribed under this paragraph and applicable to his licensed premises shall be liable to a penalty not exceeding fifty pounds.

(iii)   by omitting subsection two of the same section;

(iv)   by omitting from subsection three of the

same section the words " this o r " ;

(v)   by omitting from the same subsection the words "of not less than five pounds a n d " ;

(k) by omitting section sixty-seven, and by inserting in lieu thereof the following section:—

67. (1) No holder of a publican's license shall supply to any person for consumption on the; premises of such holder any liquor of any description unless such liquor is contained in a glass or other container sized to contain five, or

ten, or fifteen, or twenty fluid ounces. (2) No holder of a publican's license shall
supply to any person for consumption on the

premises of such holder any spirituous liquor unless the same is contained in a glass or other container clearly marked in such manner as to indicate a full fluid one ounce measure.

(b) The maximum number of clubs which may be registered in the Wollongong licensing district shall be the number ascertained by adding three to the number of registered clubs in that district at the commencement of Par t IV of the Liquor (Amendment) Act, 1946.

(c) In addition to the maximum number ascertained or prescribed under para­ graph (a) or paragraph (b) of this subsection it shall be lawful for the licensing court to grant a certificate of registration to one returned servicemen's club in each electoral district which is situated outside or partly outside the boun­ daries of the Metropolitan licensing district.

district, the certificate of registration shall not

the boundaries of the Metropolitan licensing Where an electoral district is partly outside

be granted under this paragraph unless the club premises for which the certificate is sought are situated outside such boundaries.

(3) (a) A certificate of registration of a returned servicemen's club referred to in paragraph (b) of subsection one of this section or in paragraph (c) of subsection two of this section shall not be granted by a licensing court unless an application or a conditional applica­ tion therefor is lodged with the Clerk of the

licensing

licensing court within six months after the commencement of Par t IV of the Liquor (Amendment) Act, 1946.

(b) A certificate of registration of a returned servicemen's club referred to in sub­ paragraph (i) or subparagraph (ii) of para­ graph (b) of subsection one of this section shall not be granted unless—

(i)   in the case of an application or condi­ tional application in respect of a club referred to in subparagraph (i) of paragraph (b) of subsection one of this section, the applicant lodges with his application a certificate under the seal of the Returned Sailors Soldiers and Airmen's Imperial League of Australia (New South Wales Branch) setting out that the application is approved and authorised by the State Council of the said League and containing such further particulars (if any) as may be prescribed by regulations made under this Act;

(ii)   in the case of an application or con­ ditional application in respect of a club referred to in subparagraph (ii) of paragraph (b) of subsection one of this section, the applicant lodges with his

application a certificate under the seal

of the Australian Legion of Ex-Service- men and Women setting out that the application is approved and authorised by the State Council of the said Legion and containing such further particulars (if any) as may be prescribed by regulations made under this Act.

(4) For the purposes of this section—
"electoral distr ict" means an electoral

district within the meaning of the

Parliamentary

Parliamentary Electorates and Elec­ tions Act, 1912-1944, as bounded at the commencement of Par t IV of the Liquor (Amendment) Act, 1946.

"Metropolitan licensing distr ict" shall be deemed to include the licensing districts of Liverpool, Parramatta and Ryde as constituted at the commencement of Par t IV of the Liquor (Amendment) Act, 1946.

(e) (i) by omitting from paragraph (a) of section
one hundred and thirty-four the word

" f o r t y " and by inserting in lieu thereof

the word " s i x t y " ;

(ii)  by omitting paragraph (e) of the same sec­ tion and by inserting in lieu thereof the fol­ lowing paragraph:—

(e) The premises of the club shall con­ tain a properly constructed bar-room and other accommodation appro­ priate for the purposes of the club;

(iii)  by omitting from paragraph (f) of the same section the word " d r i n k " and by in­ serting in lieu thereof the word " l iquor" ;

(iv)  by inserting next after paragraph (g) of the same section the following new para­

graphs :— (h) The club shall be a non-proprietary

club.

For the purposes of this para­ graph a non-proprietary club means a club the rules of which—

(i)   provide for the application of profits, if any, and other in­ come of the club, to the pro­ motion of the purposes for which its members are assoc­ iated together; and

(ii)

(ii)   prohibit the payment of any dividends or distribution of profits or income to or amongst the members of the club;

(i) No person other than the club or its members shall directly or indirectly derive any profit or advantage from the fact that the club is registered under this Par t or from any added value which may accrue, because of such registration, to the land upon which the club's premises are situated.

In particular and without pre­ judice to the generality of the pro­ visions of this paragraph some person other than the club or its members shall be deemed to derive a profit or advantage in contravention of this paragraph if—

(i)   whore the club premises are held under a lease or other form of tenancy or under a license, the occupation fee pay­ able annually by the club exceeds ten per centum of the

total sum which comprises the unimproved capital value of

the land (excluding any added

value attributable to the fact that the club is registered) and the value of the improvements on the land;

(ii)   where the club premises are held in fee simple by the club or by trustees for the club, interest is payable by the club or the trustees upon securities

aggregating

aggregating more than two- thirds of the total sum which

comprises the unimproved

capital value of the land (excluding any added value attributable to the fact that the club is registered) and the value of the improvements on the land;

unless it is established to the satis­ faction of the licensing court that the occupation fee or the interest payable is reasonable and proper having regard to the particular circumstances existing in relation to the club.

For the purposes of this paragraph the expression "occupation fee" means the amount paid or payable by the club, whether as rent or hire or otherwise in respect of the occupancy of the premises.

And where the club is by the terms of the lease, tenancy, or license or by any other agreement expressly made liable, in addition to the amount so paid or payable, for rates, taxes, maintenance, upkeep or repairs, or

for payment of any premium or fine

in respect of the lease, tenancy or license, then the following sums shall be added to and deemed to be part of the occupation fee payable annually by the club, that is to say—

(i)    a sum equivalent to the amount for which the club is so liable annually in respect of rates and taxes;

(ii)   a sum equivalent to the esti­ mated annual cost of repairs,

upkeep

upkeep and maintenance for which the club is so liable; and

(iii)   a sum equivalent to the appor­ tioned part of any premium or fine for which the club is so liable.

(f) (i) by omitting from paragraph (a) of section one hundred and thirty-five the words "for not less than twelve months" and by insert­ ing in lieu thereof the word "annua l ly" ;

(ii)  by inserting at the end of the same section the following new subsection:—

(2) In order that any club may be eligible to be registered the rules of the club shall also make provision ensuring that the club is a non-proprietary club as defined in sec­ tion one hundred and thirty-four of this Act.

(g) by inserting next after section one hundred and thirty-five the following new section:—

135A. Where the rules of a registered club are amended, copies of the amendments, certified as correct under the hand of the secretary, shall be forwarded to the clerk of the licensing court and to the district inspector within fourteen

days after the amendments have been made.

(h) (i) by inserting in paragraph (a) of subsection

one of section one hundred and thirty-six after the word "prescr ibed" the words "together with a properly drawn plan of the premises in respect of which the application is to be made showing clearly the accom­ modation which it is proposed to provide "therein together with such further details and particulars of the premises as may be prescribed by regulations made under this Ac t " ;

H (ii)

(ii)   by omitting from paragraph (b) of the same subsection all words following the word "newspaper" where firstly occurring and by inserting in lieu thereof the words "circulating in the licensing distr ict";

(i)   by inserting next after section one hundred and thirty-six the following new section:—

136A. (1) The secretary of any club desirous of obtaining the grant of a certificate of regis­ tration for club premises proposed to be erected or for club premises partly erected but requiring additions or alterations to make them suitable to- be registered under this Part , may, before the building of such new premises or the making of such additions or alterations to premises already erected is commenced, make a conditional appli­ cation in accordance with this section to the licensing court for the district in which such premises are situated.

(2) At least fourteen days before mak­ ing such conditional application, the secretary shall deliver to the clerk of the said licensing court a notice in writing and in duplicate, signed by the secretary in the form prescribed together with a properly drawn plan of the proposed pro­ mises showing clearly the accommodation which it is proposed to provide therein, together with such further details and particulars of the pro­ posed premises as may be prescribed by regula­

tions made under this Act.

The secretary shall also publish a copy of such notice in accordance with the requirements of paragraph (b) of subsection one of section one- hundred and thirty-six of this Act in all respects as if the application were an application under that section.

The provisions of subsection two of section one hundred and thirty-six shall extend to and in respect of an application under this section.

(3)

(3) Subject to the other provisions of this Act in respect of the conditions of registra­ tion of clubs, and applications for new certi­ ficates of registration and objections thereto, which provisions shall so far as they are applicable apply in respect of a conditional application, the court may grant the conditional application, and after recording the same in a book of proceedings of the court may furnish a copy of such record to the applicant.

(4) The granting of a conditional appli­ cation shall remain in force until the completion of the premises in respect of which it is made, provided that such completion is completed within twelve months from the date of the record referred to in subsection three of this section, or within such further period or periods (not exceeding six months at any one time) as the court may from time to time allow.

(5) Upon the completion of the premises

the district inspector shall, after examination

thereof, certify whether or not they have been

completed substantially in accordance with the plan furnished pursuant to this section; and if the inspector certifies in the affirmative a certi­ ficate of registration shall be issued by the court at its next sitting.

(j)	by omitting from subsection two of section one hundred and thirty-eight the words "if authorised in writing by a stipendiary or police magis t ra te";
(k)	by omitting section one hundred and thirty-nine and by inserting in lieu thereof the following section:—

139. (1) Subject to subsection two of this section where application is made for the grant or renewal of a certificate of registration of a club the licensing court shall hear and determine

the

the matter of the application and before granting the application shall satisfy itself that—

(a)	the objections, if any, to the application' have not been sustained;
(b)	the purpose for which the members of the club are associated together is a purpose mentioned in paragraph (b) of section one hundred and thirty-four of this Act;
(c)	the rules of the club contain the provisions specified in section one hundred and thirty-five of this Act;
(d)	the accommodation, sanitary and other conveniences provided or to be provided in the club premises are appropriate for the purposes of the club and are in accordance with the requirements of any regulations made under this Act in relation thereto;
(e)	the club and its premises comply with all the conditions imposed by this Act in relation to the registration of a club.

If the licensing court decides to grant the application it shall authorise the issue by the clerk of the court of a certificate of registration and record its decision in the manner and form prescribed.

(2) Where application is made for the renewal of a certificate of registration of a club and no objection has been taken under this Act to such renewal the clerk of the licensing court shall renew the certificate in the manner prescribed and shall record the renewal in the manner and form prescribed. (3) No certificate of registration or renewal thereof under this Par t shall be issued by the clerk of the licensing court unless the fee- payable in respect thereof has been paid to him

and

and every such fee shall be paid within three months of the granting of the application for a certificate or the renewal of a certificate as the case may be.

(4) On the hearing of any application for the grant or renewal of a certificate of regis­ tration, to the granting of which objection has been taken under this Part, the court may order payment to the successful party of such sum as it deems proper to meet his reasonable costs and expenses in the matter.

(d) (i) by omitting from subsection one of section one hundred and forty the words " A t the hearing of any such application" and by inserting in lieu thereof the words "Upon any application for the grant or renewal of a certificate of registration of a c lub";

(ii)   by omitting from paragraph (b) of the same

subsection the word " f o r t y " and by

inserting in lieu thereof the word " s i x t y " ;

(iii)   by inserting after paragraph (1) of the

same subsection the following new

paragraph:—

(li)  That the premises in respect of which the application is made are not suitable to be registered under this Par t or that the accommodation or sanitary conveniences provided or

intended to be provided are

insufficient or inappropriate to meet the purposes for which the members of the club are associated together;

(m) by omitting sections one hundred and forty-two and one hundred and forty-three and by insert­ ing in lieu thereof the following sections:—

142. Where the secretary of a club in respect of which a certificate of registration is in force ceases to hold office as secretary the full name and address of his successor as secretary to the

club

club shall be notified forthwith to the clerk of the court who shall endorse such name and address on the certificate of registration which shall be produced to him for the purpose. Upon such endorsement the person therein named shall be deemed for all purposes of this Act to be the holder of the certificate of registration. Until such endorsement is made the certificate of registration of the club shall be deemed to be suspended.

143. (1) Where the name of a registered club is changed a notice of such change shall be lodged forthwith with the clerk of the court.

(2) Such notice shall be in writing and shall state therein the new name of the club.

(3) Such notice shall be accompanied by the certificate of registration of the club.

(4) The clerk of the court shall endorse upon such certificate the new name of the club and thereupon the certificate of registration shall apply to and in respect of the club so named in the endorsement.

(5) Until such endorsement is made the certificate of registration shall be deemed to be suspended.

(n) by omitting section one hundred and forty-four and by inserting in lieu thereof the following

section:—

144. Every certificate of registration of a club including a renewal of such certificate shall be in force from the day on which the same is issued until the thirtieth day of June next following such day.

(o)	by omitting section one hundred and forty-five and by inserting in lieu thereof the following new sections :—
145. (1) If a registered club desires to remove from the premises occupied by it to any other

premises

premises the secretary of such club shall, at least fourteen days before applying to the licensing court, give notice in or to the effect of the form prescribed of such intended applica­ tion, and shall at the same time lodge a properly drawn plan showing the extent of the proposed new premises and the accommodation provided therein together with such further details and particulars of the premises as may be prescribed by regulations made under this Act.

If the application is granted an endorsement may be made upon the certificate of registration in the form prescribed and the certificate of registration so endorsed shall have the same effect as if it had been originally granted in respect of the premises specified in the endorse­ ment, but as to the original premises, the certificate of registration shall be deemed can­ celled.

(2) If a registered club desires to remove from the premises occupied by it to other premises which are proposed to be erected or to other premises already erected but requiring additions or alterations to make them suitable to be registered under this Part , the secretary of the club shall, at least fourteen days before applying to the licensing court for an order conditionally granting such removal, deliver to

the clerk of the licensing court a notice in or to
the effect of the form prescribed, and at the

same time furnish a properly drawn plan of the proposed new premises showing the extent of such premises and the accommodation to be provided therein together with such further details and particulars of the premises as may be prescribed by regulations made under this Act; and the court may make an order conditionally granting such application and such order shall remain in force until the completion of the new premises provided such

completion

completion is effected within twelve months from the date of such order or such further period or periods (not exceeding six months at any one time) as the court may from time to time allow.

On completion of such new premises the district inspector shall, after examination thereof certify whether or not they have been completed substantially in accordance with such plan, and if the inspector certifies in the affirma­ tive, the court shall, at its next sitting, make an order for the removal of the club to the last mentioned premises; and thereupon the same endorsement shall be made upon the certificate of registration and the certificate of registration so endorsed shall have the same effect as is pro­ vided in subsection one of this section.

(3) If the premises of a registered club are for any reason rendered unfit for the purposes thereof, the licensing court may, upon the application of the secretary of such club, by order, authorise such club temporarily to carry on the business of the club in some other premises (although not having the accommo­ dation required by this Act) for a period of twelve months or such further period or periods (not exceeding six months at any one time) as the court may from time to time allow.

(4) Objections to the removal or

conditional removal of a club may be made by any corporation or person mentioned in section

one hundred and forty-one on any of the

following grounds:—

(a)	that the proposed premises are not suitable for a club;
(b)	that the accommodation or sanitary conveniences provided or proposed to be provided in the new premises are insufficient or inappropriate to meet the purposes for which the members of the club are associated together.

Alteration

Alteration of premises.

145A. If a registered club desires to make any material alterations or additions to the club premises, the secretary shall apply to the court for permission to do so, and shall furnish the court with a properly drawn plan showing the alterations and additions proposed to be made.

If any material alterations or additions are made to the premises of a registered club with­ out the permission of the court the certificate of registration shall be liable to be cancelled.

(p)	by omitting from section one hundred and forty- six the word "f ive" and by inserting in lieu
thereof the word " t h r e e " ;
(q)	by omitting section one hundred and forty- seven ;

(r) (i) by omitting from subsection one of section one hundred and forty-eight the words "stipendiary or police magistrate" and by inserting in lieu thereof the word " jus t i ce" ;

(ii)   by omitting from subsection two of the same section the word "meet ing" and by inserting in lieu thereof the words "sit t ing of the cour t" ;

(s) (i) by omitting subsection one of section one

hundred and fifty and by inserting in lieu

thereof the following subsection:—

(1) If any justice is satisfied by complaint on oath that there is reasonable ground for supposing that any liquor is sold or supplied or kept for sale or supply on the premises of an unregistered club he may grant a search warrant to any member of the police force named therein.

(ii)   by omitting from subsection four of the same section the word "regis tered";

(t)

(t) by inserting next after section one hundred and fifty the following new short heading and section:—

Fees.

150A. (1) The following fees shall be paid in respect of certificates of registration granted or renewed under this Part , namely—

(a)

for a new certificate of registration of a club such sum (not exceeding five hundred pounds) as may be fixed by the licensing court granting the certifi­ cate; in no case shall the fee payable under this paragraph exceed a sum calculated at the rate of one pound for each bona-fide member of the club at the date of the application as shown on the statement required to be furnished under subsection two of section one hundred and thirty-six of this Act;

(b)

for the renewal of a certificate of registration of a club a sum equal to five pounds per centum of the gross amount (including any duties thereon) paid or payable for all liquor which, during the twelve months ended on the thirty-first day of December next

preceding the date of the applica­

tion for the renewal was delivered upon the club premises or purchased for or on behalf of the club.

(2) The board shall fix the amount of any fee payable under this section on a percentage basis on the renewal of a certificate of registration, and the amount so fixed shall be final and conclusive, unless the board in its absolute discretion re-assesses the amount in which case the re-assessment shall be final and conclusive.

(3)

(3) Where no information or no

sufficient information is furnished to the board within the time prescribed by section 151A of this Act (or within such further time as the board may allow) or where upon the first renewal after the grant of a new certificate of registration of a club no particulars or insufficient particulars are available to the board to enable the board to fix the fee upon a percentage basis the board may fix such fee at such amount as it thinks fair and reasonable.

(4) On or before the thirty-first day of May in each year the board shall inform the clerk of the court for the licensing district in which the club premises in respect of which such fee has been fixed are situated of the amount

thereof.

(2) The Liquor Act, 1912, as amended by subse­ quent Acts, is further amended by omitting the unre­ pealed provisions of subsections three and four of section eighty.

PART V.

RECONSTITUTION OF LICENSING COURTS.

5.5. (1) (a) In this section the Principal Act mean:, the Liquor Act, 1912, as amended by subsequent Acts.

(b) This section shall be read and construed

with the Principal Act.

(2) On and after a day to be appointed by the Governor and notified by proclamation published in the Gazette, which day is in this section referred to as the "appointed day" licensing courts for the purposes of the Principal Act shall be constituted as provided by subsection four of this section.

(3) Each of the three licensing magistrates

appointed under section five of the Principal Act and

holding

holding office as such immediately before the appointed day shall on that day cease to hold such office, but shall be eligible to be appointed under this section.

(4) The Governor may appoint three persons as

follows:—

(a) a person who holds the office of district court judge;

(b) two other persons each of whom shall be—

(i)   a stipendiary magistrate, or a police magistrate, or a person who is eligible for appointment as a police magistrate or stipendiary magistrate; or

(ii) a licensing magistrate appointed under section five of the Principal Act and holding office as such immediately before the appointed day.

The licensing court in each district shall on and after the appointed day be constituted by the persons appointed under this section.

(5) The person appointed under paragraph (a) of subsection four of this section (in this section referred to as the chairman) shall, by virtue of his appointment be the chairman of licensing courts, and any reference in the Principal Act to the chairman in relation to a' licensing court shall be construed as a reference to the person so appointed.

(6) Any reference in the Principal Act to the licensing magistrates shall on and after the appointed day be construed as a reference to the three persons appointed under subsection four of this section; and a reference in that Act to a licensing magistrate shall be construed as including a reference to each of the three persons so appointed.

(7) (a) The chairman shall, subject to this sub­ section, hold his office during ability and good behaviour, shall have the same rank, title, status and precedence, and the same salary, pension and other rights as a dis­ trict court judge, and shall be removable from office in

the

the same manner only as a district court judge is by law
liable to be removed from his office.

(b) The chairman shall retire on the day on which he attains the age of seventy years, unless he is granted retiring leave in which case he shall retire on the expiration of such leave.

(c) The chairman shall not be capable of accepting or holding any other office or any other place of profit within the State except any such judicial office as may be conferred upon him by or under any law of the State.

(d) If the chairman is prevented by any cause from attending to his duties as such, the Governor may appoint some person qualified to be appointed as chairman to act temporarily as chairman, and such person, while so acting, shall have all the powers and functions of the chairman.

(e) For the purpose of calculating the amount of pension payable on retirement to a person who a t the date of his appointment as chairman was a dis­ trict court judge his period of service as a district court judge shall be added to his period of service as chairman.

(8) (a) The provisions of paragraphs (a) and (b) of subsection five of section five of the Principal Act shall, subject to this section apply to and in respect of persons appointed under paragraph (b) of subsection four of this section.

(b) Where any of the persons referred to in

subsection three of this section is appointed under para­ graph (b) of subsection four of this section such appoint­ ment may be made for a period expiring on the date upon which his appointment under subsection two of section five of the Principal Act would have expired if this section had not been enacted.

(c) Where any of the persons referred to in subsection three of this section is not appointed under paragraph (b) of subsection four of this section he shall, unless he is entitled to continue to hold the office of a stipendiary magistrate or a police magistrate, receive

such

such compensation as he would have been entitled to had his services as one of the three licensing magistrates, appointed under subsection two of section five of the Principal Act been dispensed with otherwise than in accordance with law.

(9) The reconstitution of the licensing courts' under this section shall not affect the validity of any delegation of jurisdiction, powers, authorities, duties or functions made by the licensing magistrates with the approval of the Minister before the appointed day and in force on that day; and any such delegation shall be deemed to have been made by the three persons appointed under this section.

This subsection shall not extend to or in respect of any delegation so made by the licensing magistrates, where the delegation is to one or more of their number.

(10) The reconstitution of licensing courts under this section shall not prejudice the continuance of any matters, proceedings, inquiries or investigations pending or part heard before a licensing court or licensing magis- trate upon the appointed day.

(11) (a) This subsection shall commence on the

appointed day.

(b) The Liquor (Amendment) Act, 1919, as amended by subsequent Acts, is amended by omitting subsection two of section eight and by inserting in lieu thereof the following subsection:—

(2) The board shall consist of the three persons appointed under section fifty-five of the Liquor

(Amendment) Act, 1946.

SCHEDULE.

S C H E D U L E .

F O R M A.

W r i t for t he Referendum.

H i s Majesty the K i n g .

To the Electora l Commissioner for New Sou th Wales , and to all

cithers whom it may concern :
G R E E T I N G :

W e command you t h a t you cause to be submit ted , according to law to the electors qualified to vote for the election of Members of the Legis la t ive Assembly the quest ion of the hours a t which premises l icensed under P a r t I I I of t he Liquor Act , 1912, as amended by subsequen t Acts , and clubs registered under t h a t Act as so amended shall close. And we appoint t h e following dates for the purposes of

t h e said submiss ion:—

1. F o r t a k i n g the votes of the electors t he

day of 19 .

2. F o r the r e t u r n of the wr i t on or before the

day of 19

Wi tness (here inser t Governor 's t i t le and the d a t e ) .

Governor.

B y H i s Excellency's Command .

F O R M B.

Ballot-paper .

L I Q U O R ( A M E N D M E N T ) A C T , 1946.

Refe rendum on Closing H o u r s .

Elec tora l D i s t r i c t of

Directions to Elector.

T h e elector shall indica te his vote by p lac ing the number " 1 " i n t h e square opposite the closing hour for which he desires to give his first preference vote, and shall give cont ingent votes for all t he r e m a i n i n g closing hours by placing the, numbers " 2 , " and " 3 " in the s q u a r e s opposite those closing hours respectively, so as to indica te by numer ica l sequence the order of his preference for them.

Order of preference. Closing hour .

Six o'clock p.m. N i n e o'clock p.m. Ten o'clock p.m.

F O R M

F O R M C.

Absent Voter ' s Ballot-paper.

L I Q U O R	( A M E N D M E N T )	A C T ,	1946.
Refe rendum	on	Closing	H o u r s .

Electora l Dis t r i c t for which Absent Vote r is

enrolled

Directions to Elector.

T h e elector shall indica te his vote by plac ing the number " 1 " in the square opposite the closing hour for which he desires to give his first preference vote, and shall give con t ingen t votes for all the r e m a i n i n g closing hours by placing the numbers " 2 , " and u 3 " in the- squares opposite those closing hours respectively, so as to ind ica te by numer ica l sequence t he order of his preference for them.

Order of preference. Closing hour .

S ix o'clock p.m. N i n e o'clock p .m. Ten o'clock p .m.

F O R M D .

Pos ta l Ballot-paper.

L I Q U O R	( A M E N D M E N T )	A C T ,	1946.
Refe rendum	on	Closing	H o u r s .

Elec tora l D i s t r i c t for which Pos ta l Vote r is

enrolled

T h e elector m u s t no t m a r k his vote hereon u n t i l af ter he has;

first exhibi ted the ballot-paper ( u n m a r k e d ) to the author ised wi tness .

Directions to Elector.

The elector shall indica te his vote by plac ing the number " 1 " i n

t h e square opposite the closing hour for which he desires to give h i s

first preference vote, and shall give cont ingent votes for all t h e	r e m a i n i n g closing hours by placing the. numbers " 2 , " and " 3 " in t he
squares opposite those closing hours respectively, so as to ind ica te by numer ica l sequence the order of h is preference for them.

Order of preference. Closing hour .

S ix o'clock p .m. N i n e o'clock p.m. T e n o'clock p.m.

IRRIGATION