Liquor (Amendment) Act 1963 (NSW)

LIQUOR (AMENDMENT) ACT.

An Act to make further provision for the regulation of the sale of liquor; to provide for the increase of certain license and other fees payable under the Liquor Act, 1912, as amended by subsequent Acts; to amend the said Act, as so amended, in certain respects; and for purposes connected therewith. [Assented to, 8th April, 1963.] BE
Act No. 17, 1963.

BE	it enacted by the Queen's Most Excellent Majesty, by

and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —

1.

This Act may be cited as the "Liquor

(Amendment)

Act, 1963".

The Liquor Act, 1912, as amended by subsequent Acts,

is amended—

(a) by omitting from the matter relating to Part IIIA
in section one the words " W I N E A N D MALTED LIQUORS I N R E S T A U R A N T S " and by inserting in lieu

thereof the words "LIQUOR I N R E S T A U R A N T S " ;
(b) by inserting at the end of section twelve the follow
ing new subsection : —
(6) Notwithstanding paragraph (a) of subsec tion seven of section five of this Act the licensing court may adjourn to any building whether or not such building has been appointed pursuant to the said paragraph.
(c) (i) by inserting next after paragraph (4) of
section thirteen the following new para

graph : — (4A) liquor at a trade fair under a permit granted by the licensing court. Such

permit may be issued subject to such terms and conditions, including condi tions prescribing the classes of liquor that may be sold or offered for sale and requiring any liquor so sold or offered for sale to be in sealed con tainers of a size specified in such permit, as the licensing court may

impose.

impose. Any such permit may be revoked by the licensing court at any time if it thinks fit so to do—
(ii) by omitting paragraph (10) of the same section and by inserting in lieu thereof the following paragraph : —
(10) the sale by or on behalf of the Com missioner for Railways on such trains as the Commissioner for Railways may determine of liquor for consumption on such trains by passengers.

(d)

by omitting from section fourteen the words "or stand" wherever occurring;

(e)

(i)

by omitting from section twenty the words "or stand" wherever occurring;

(ii)

by inserting in subsection one of the same section after the words "in the license" the words "or, in lieu of any such day, on any day to which the function or event in respect of which the license is granted is postponed";

(f)

(i)

by omitting from paragraph (a) of subsection one of section twenty-one the words "(not exceeding five hundred pounds)" ;

(ii)

by omitting from paragraph (b) of the same subsection the word "five" and by inserting in lieu thereof the word "six";

(iii)   by omitting from the same subsection the words "or stand" wherever occurring;
(iv)   by omitting from paragraph (d) of the same subsection the word " two" and by inserting in lieu thereof the word "four";
(v)    by omitting from paragraph (g) of the same subsection the word " two" and by inserting in lieu thereof the word "four";
(vi)   by omitting from paragraph (i) of the same subsection the word " two" and by inserting in lieu thereof the word "four";

(g)

(g)

by omitting from paragraph (a) of subsection one of section twenty-two the words "or stand";

(h)

by inserting at the end of subsection one of section twenty-three the following new paragraph : —
In the assessment or reassessment of any such
amount fractions of a shilling shall be disregarded.
(i) by inserting next after section twenty-six the following new section : —
26A. An application may be made to the licens ing court in respect of—

(a) a house situated outside the Metropolitan, Newcastle and Wollongong Licensing Districts for a reduction in the public accommodation prescribed by section twenty-five of this Act in respect of such house; or
(b) a house situated as referred to in section twenty-six of this Act for a reduction in the public accommodation prescribed by that section in respect of such house.

Where the licensing court is satisfied that the demand for such accommodation does not exist or is so small as not to justify the provision thereof it may authorise the reduction of such public accom
modation in respect of any such house to not less
than one good and substantial sleeping-room and
the reduced public accommodation so authorised shall be the public accommodation prescribed by section twenty-five or section twenty-six, as the case may be, in respect of such house.
(j) (i) by inserting in subsection one of section twenty-seven after the words "a license shall on the request of the applicant" the words "or of such other person as the court may see fit";
(ii)
(ii) by inserting in the same subsection after the words "the character of the applicant" the words "or of such other person, as the case

may be," ;

(k) by omitting from section twenty-eight the words

"or s tand";
(1) (i) by omitting from section twenty-nine the words "license under this Part" and by inserting in lieu thereof the words "application under this Par t" ;
(ii)   by omitting from the same section the word "license" where secondly, thirdly and sixthly occurring and by inserting in lieu thereof the word "application";
(iii)   by omitting from the same section the words "a license" where seventhly occurring and by inserting in lieu thereof the words "the application";
(iv)   by omitting from the same section the words "And the objections which may be taken to the renewal, transfer, or removal of any such license may, subject to the provisions of the next succeeding section, be any of the grounds of objection hereinbefore specified which the said court or magistrate may consider applic able, and the persons by whom any objections may be taken to the renewal, transfer or

removal of any such license may be any of the persons referred to in paragraphs (i) , (ii),
(iii) and (iv) of this section.";
(v) by omitting from the same section the words "whether for the grant, renewal, removal, or transfer of a license";

(m)

(i)

by inserting in subsection one of section thirty after the words "provided for in" the words "or as reduced in accordance with";

(ii)

by omitting subsections two and three of the same section;

(n)

(n)

by inserting at the end of section thirty-three the following new subsection : —
(2) The sum ordered to be paid by the court under subsection one of this section shall be recoverable as a debt in any court of competent jurisdiction.

(o) by omitting from subsection one of section thirty- five the words "or stand";
(p) by inserting at the end of section thirty-six the following new subsection : —
(2) Where application for the renewal of a license has been made by a licensee who has complied with the requirements of subsection one of this section and the application has not been heard and determined by the court before the date of expiry of the license the license shall be deemed to continue in force until such application has been determined.
(q) (i) by omitting from subsection one of section
thirty-seven the words "or stand";
(ii) by inserting next after the proviso to the same subsection the words : —

Provided further that an intended transferor
who has held the same premises as referred

application to the licensing court for its to in the preceding proviso may make
approval to the transfer of the license and if the licensing court is satisfied that the grounds upon which such application is based are well founded the licensing court shall not be entitled to refuse an application for transfer for the reason that he has not held the license for the period of twelve months.
(iii) by omitting from subsection four of the same section the words "or stand";
(r)

(r)

by inserting in paragraph (b) of subsection two of section thirty-eight after the words "seven days" the words ", or such further period as the licensing court may allow,";

(s)

by inserting at the end of subsection two of section thirty-nine the words "and to the council of the city, municipality, or shire within which the pre mises to which it is desired to remove the license are situated";

(t)

by omitting subsection two of section 39A and by inserting in lieu thereof the following subsection : —
(2) The provisions of subsections two, (2A) and four of section thirty-nine of this Act shall apply to any application under this section, other than an application for the removal of a spirit merchant's license and the provisions of subsections (4A), (4B) and seven of section thirty-nine of this Act shall apply to any application under this section.

(u)

(i)

by omitting from paragraph (a) of subsection one of section 40A the words "Upon proof that public convenience requires" and by inserting in lieu thereof the words "On being satisfied of the necessity for";

(ii)

by omitting from paragraph (d) of subsection two of the same section the words "within the prescribed period";

(v) (i) by omitting from subsection one of section
40B the words "Upon proof that public

convenience requires" and by inserting in lieu thereof the words "On being satisfied of the necessity for";

(ii)

by omitting from subsection (1A) of the same section the words "Upon proof that public con venience requires" and by inserting in lieu thereof the words "On being satisfied of the necessity for".

(1) The Liquor Act, 1912, as amended by subsequent Acts, is further amended—

3.

(a)

(i)

by inserting in subsection (1A) of section forty- three after the word "premises" where firstly occurring the words "on or";

(ii)

by inserting in paragraph (b) of the same subsection after the word "liquor" the words

"on o r " ;

(b)

by omitting from section forty-six the words "for the first offence to a penalty not exceeding five pounds and for the second or any subsequent offence to a penalty not exceeding thirty pounds" and by inserting in lieu thereof the words "to a penalty not exceeding fifty pounds";

(c)

by inserting in paragraph (c) of subsection two of section forty-seven after the words "such permit" the words "any conditions including conditions specifying";

(d)

by omitting from section fifty-one the word "two" and by inserting in lieu thereof the word "fifty";

(e) (i) by omitting from paragraph (b) of subsection one of section fifty-seven the words "or upon
the morning of the day, not being a Sunday,
upon which Anzac Day is observed in each
year";

(ii)

by inserting next after the same paragraph the following new paragraph : —

(c)

upon any day, not being a Sunday, upon which Anzac Day is observed, except between the hours of twelve noon and ten o'clock in the evening;

(iii)

(iii)   by omitting paragraph (d) of the same sub section and by inserting in lieu thereof the following paragraph : —

(d) upon any day, other than a day specified in paragraph (a) , (b) or (c) of this subsection, except between the hours of ten o'clock in the morning and ten o'clock in the evening.
(iv)   by omitting from paragraph (b) of subsection (1A) of the same section the word "eleven" and by inserting in lieu thereof the word "twelve";
(v)   by omitting paragraph (c) of the same sub section ;
(vi)   by omitting from paragraph (b) of subsection (1B) of the same section the words "or upon the morning of the day, not being a Sunday, upon which Anzac Day is observed in each year";
(vii)   by inserting next after the same paragraph the following new paragraph : —
( b l ) upon any day, not being a Sunday, upon which Anzac Day is observed, except between the hours of twelve noon and six o'clock in the evening;
(viii)   by omitting from paragraph (c) of the same subsection the words "other day" and by inserting in lieu thereof the words "day, other

than a day specified in paragraph (a) , (b) or
( b l ) of this subsection,";

(f)

(i)

by inserting in subsection two of section 57A after the words "member of a club" the words "and his guests";

(ii)

by omitting from the same subsection the words "two-thirty o'clock in the afternoon" and by inserting in lieu thereof the words "three o'clock in the afternoon and between the hours of six o'clock in the evening and nine o'clock in the evening";

(iii)

(iii)    by omitting from the same subsection the words "and between the hours of six-thirty o'clock in the evening and seven-thirty o'clock in the evening,";
(iv)   by omitting from the same subsection the words "and the day, not being a Sunday, upon which Anzac Day is observed";
(v)   by inserting at the end of the same subsection the following proviso: —
Provided further that the licensing court shall not in granting any such permit—

(a) authorise liquor to be sold, disposed of, supplied or consumed in any room or part of the licensed premises or club premises other than the dining room, or
(b) extend the permit to any hour between three o'clock in the afternoon and six o'clock in the evening or later than nine o'clock in the evening,
on any day specified in paragraphs (a) and (b) of subsection one of section fifty-seven of this Act.
(vi)   by omitting from subsection three of the same section the words "two-thirty o'clock in the afternoon" and by inserting in lieu thereof the words "three o'clock in the afternoon and between the hours of six o'clock in the evening

and nine o'clock in the evening";
(vii)   by omitting from the same subsection the words "( the day, not being a Sunday, upon which Anzac Day is observed, excepted), or between the hours of six-thirty o'clock in the evening and seven-thirty o'clock in the evening";
(viii)   by omitting from the same subsection the words "and the day, not being a Sunday, upon which Anzac Day is observed";
(g)

(g)

by omitting from subsection one of section sixty- four the words "or place on such premises wherein or from" and by inserting in lieu thereof the words ", or place a t ," ;

(h)

(i)

by inserting in subsection two of section 64A after the word "sold" the words "or supplied";

(ii)

by inserting in the same subsection after the word "public" the words "or members of the club and their guests, as the case may require";

(i)

(i)

by inserting in subsection one of section sixty- seven after the word "five," the words "or seven,";

(ii)

by inserting next after the same subsection the following new subsection : —

(1A) N O holder of a publican's license shall supply to any person for consumption on the premises of such holder any malted liquor unless the same is contained in a glass or other container which has been clearly marked in the prescribed manner to indicate the measure of the capacity thereof.

For the purpose of this subsection the prescribed manner of marking glasses or other containers shall be : —

(a)

where the glass or other container is manufactured in Australia, in a manner approved in writing by the Superinten

dent appointed under the Weights and of Weights and Measures
Measures Act, 1915, as amended by
subsequent Acts; and

(b)

where the glass or other container is not so manufactured, in a manner approved by said Superintendent of Weights and Measures and under the supervision of an inspector of weights and measures appointed under the Weights and Measures Act, 1915, as

amended

amended by subsequent Acts and in accordance with such requirements as may be prescribed by regulations made under this A c t
(iii) by inserting at the end of paragraph (a) of

subsection four of the same section the
following new paragraph : —
(iii) for the exclusion from subsection one
of this section of any number therein prescribed or for the inclusion therein of any other number.

(j) by inserting in section seventy after the words "one
hundred pounds" the words "and in addition the licensing court may suspend the license of such licensee or holder for such period as it thinks fit or may cancel such license";

(k) by omitting section seventy-seven.

(2) The amendment made by subparagraph (ii) of paragraph (i) of subsection one of this section shall com mence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

(1) The Liquor Act, 1912, as amended by subsequent Acts, is further amended—

4.

(a) by omitting from the heading to Part IIIA the words
" W I N E A N D M A L T E D LIQUORS I N R E S T A U R A N T S "
and by inserting in lieu thereof the words "LIQUOR

I N R E S T A U R A N T S " ;
(b) by omitting from section 78C the definition of "Light
wines";

(c) by omitting from section 78D the words "light
wines and malted liquors" and by inserting in lieu
thereof the word "liquor";

(d)

(d)

by inserting at the end of section 78E the following new subsection : —
(3) (a) The notice required by paragraph (a) of subsection two of this section shall be accom panied by a statement verified by statutory declaration setting out the names of all persons directly or indirectly interested in the application or in the business or the profits of the business to be carried on under the permit applied for.
(b) Where any body corporate is so interested and such body corporate is a proprietary company such statement shall set out the names of the directors and principal shareholders thereof.
(c) Where any person, other than the applicant, is interested in the business or the profits of the business as aforesaid, the applicant shall produce to the licensing court an agreement between such person and the applicant evidencing that—
(i) the applicant shall have the full free and unfettered control of the conduct of the business to be carried on under the permit applied for; and
(ii) no payment or part payment shall be made to the applicant by way of com mission or allowance from or upon the receipts of the business to be carried on under the permit applied for for liquor sold or supplied.

(e)

by omitting paragraphs (b) and (c) of subsection two of section 78F and by inserting in lieu thereof the following paragraph : —

(b)

by omitting all words commencing with the words "Where objection is taken" down to and including the words "or rebuilding of the premises".

(f) (i) by omitting from subsection two of section
78H the word "five" and by inserting in lieu
thereof the word "six";

(ii)

(ii) by inserting at the end of subsection four of the same section the following new paragraph : —
In the fixation or re-assessment of any such amount fractions of a shilling shall be disregarded.

(g) by omitting section 78K and by inserting in lieu thereof the following section : —
78K. (1) A permit shall have the effect of authorising the holder to sell and supply liquor in accordance with the provisions of this section.
(2) The liquor shall be sold and supplied in the restaurant specified in the permit for bona- fide consumption by persons partaking of a meal and not otherwise.
For the purposes of this subsection a meal shall mean a bona-fide meal, not in sandwich form, at which the persons partaking thereof are seated at a table.
(3) Liquor supplied in a restaurant pur suant to a permit, shall be served in a sealed bottle or other container at the table at which the pur chaser is seated, and shall be opened at that table in his presence. And every bottle or other con tainer so served shall bear a label showing thereon the name and address of the person responsible for the filling thereof, together with such further particulars as may be prescribed :

Provided that spirituous liquor and fortified wines may only be sold and supplied in bottles or other

containers not exceeding six and one-half ounces
capacity to a purchaser at the one time.

(4) Liquor shall not be sold or supplied in a restaurant pursuant to a permit except between the hours of twelve noon and three o'clock in the afternoon and between the hours of six o'clock in the evening and nine o'clock in the evening on any of the days specified in paragraphs (a) and (b) of subsection one of section fifty-seven of this Act, and between the hours of twelve noon and three o'clock

in

in the afternoon and between the hours of six o'clock in the evening and twelve o'clock midnight on any other day.
(5) In every case in which any of the provisions of this section are contravened the holder of the permit for the restaurant concerned shall be liable to a penalty not exceeding one hundred pounds.

(h) (i) by omitting from subsection one of section
78L wherever occurring the words "in which
light wine or malted liquor" and by inserting in lieu thereof the words "and other con tainers in which liquor";
(ii) by omitting from paragraph (a) of the same subsection the words "two-thirty" and "three" and by inserting in lieu thereof the words "three" and "three-thirty" respectively;
(iii) by omitting paragraph (b) of the same sub section and by inserting in lieu thereof the following paragraph : —

(b) Where the liquor is served after the hour of six o'clock in the evening—
(i) on any of the days referred to in paragraphs (a) and (b) of subsection one of section fifty- seven of this Act, the removal shall be completed before

nine-thirty o'clock in the even
ing of the same day; and
(ii) on any other day, the removal shall be completed before twelve-thirty o'clock in the morning of the following day.

(i) by omitting section 7 8 M ;

(j) by omitting section 7 8 P ;

(k)

(k)

by omitting from section 78Q the words "light wines and malted liquors" wherever occurring and by inserting in lieu thereof the word "liquor";
(L) by omitting from section 7 8 R the words "light wine or malted liquor" and by inserting in lieu thereof the word "liquor".

(2) Any permit granted under Part I I I A of the Liquor Act, 1912, as amended by subsequent Acts, before the commencement of this Act, shall be deemed to be a permit granted under that Part as amended by this Act.

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

5.

(a) by inserting next after subsection (1B) of section one hundred and nineteen the following new subsection: —
(1C) The person who for the time being holds the office of superintendent of licenses shall have and may exercise and discharge all or any of the powers authorities duties and functions conferred or imposed on a district inspector.

(b)

by omitting from paragraph (c) of section one hundred and twenty-three the words "for such period as it thinks fit";

(c)

(i)

by omitting from section 132A the words "either before or after the commencement of Part IV of the Liquor (Amendment) Act, 1946,";

(ii)

by inserting in the same section after the word "sell" the word ", supply";

(d)

by inserting in section one hundred and thirty-three after the word "sixty-six," the word "sixty-seven,";
(e)

P40847—5

(e)

(i)

by omitting from paragraph (c) of section one hundred and thirty-four the words "upon premises of which such association or company are the bona-fide occupiers";

(ii)

by inserting in the same section next after the same paragraph the following new para g r a p h : —
(c1) The club must be established with premises erected or in course of erection, or where it has no premises or has premises not the subject of the application, with land upon which it is proposed to erect premises and of which such associa tion or company are the bona-fide occupiers.

(iii)   by inserting in paragraph (d) of the same section after the words "under its rules" the words "or otherwise";
(iv)    by inserting in paragraph (i) of the same section after the word "registered" where firstly occurring the words "or has applied for registration" ;
(v)   by inserting in subparagraph (ii) of the same paragraph after the word "securities" the words "or loans";

(f)

by omitting from subsection two of section one hundred and thirty-six the words "Such application"

and by inserting in lieu thereof the words "Such
notice";

(g) by omitting from subsection five of section 136A the words "and upon application being made by the secretary";
(h) (i) by inserting in subsection two of section one hundred and thirty-seven after the word "club" where firstly occurring the words "together with such further particulars as may be prescribed by regulation";

(ii)

(ii) by inserting at the end of the same section the following new subsection : —
(4) Where application has been made in accordance with subsection one of this section to which an objection has been taken, and the application has not been heard and determined by the court before the date of expiry of the current certificate of registration, the certifi cate of registration shall be deemed to continue in force until such application has been determined.

(i) by inserting in subsection two of section one hundred and thirty-eight after the word "members" the words "and such other books and records as he deems necessary";

(j) by inserting next after subsection one of section one hundred and thirty-nine the following new subsec tion : —
(1A) The licensing court may grant an applica tion notwithstanding that the strict requirements of subsection one of this section have not been com plied with if it is satisfied that the grounds of any objection or the relevant matters are of a trivial nature or such as not to warrant the refusal of a grant of such application.
The relevant date for determining whether or not an objection should be sustained shall be the
date of the sitting of the licensing court named in
the notice of the application.

(k)

by omitting paragraph (e) of subsection one of section one hundred and forty and by inserting in lieu thereof the following paragraph : —

(e)

That liquor has been illegally sold supplied or disposed of on or from the club premises during the period of two years preceding the date of application.

(1)

(1) by omitting from subsection two of section one hundred and forty-five the words "and upon appli cation being made by the secretary";

(m)

(i)

by omitting paragraph (b) of subsection three of section one hundred and forty-eight and by inserting in lieu thereof the following para graph : —

(b) suspend the certificate for such period as the licensing court deems

fit; or ;

(ii) by inserting at the end of subsection four of the same section the following new para graph : —
In default of payment of any costs awarded against a club within the time allowed by the court the certificate of registration thereof shall be suspended until such costs are paid.

(n) (i) by omitting from paragraph (a) of subsection one of section 150A the words "(not exceeding five hundred pounds)" ;
(ii) by omitting from paragraph (b) of the same subsection the word "five" and by inserting in lieu thereof the word "six";
(iii) by inserting at the end of subsection two of the same section the following paragraph : —

In the fixation or re-assessment of any such
amount fractions of a shilling shall be

disregarded.

(o)

by omitting from paragraph (i) of subsection one of section one hundred and fifty-three the words "to the granting, renewal, or removal of licenses under Part I I I " and by inserting in lieu thereof the words "to applications that may be made under this A c t " ;

(p)

(i)

by inserting in section one hundred and fifty- six after the word "Act" where firstly occurring the words "or any person authorised

by him in that b e h a l f ;

(ii)

(ii) by inserting in the same section after the words "turn out" the words "or cause to be turned out" ;

(q) by inserting at the end of section one hundred and sixty-eight the following new subsection : —
(3) (a) Upon the application of any owner of any premises which are or have been licensed premises under this Act or any prior Act regulating the sale of liquor the Governor may by order published in the Gazette declare such premises to be an historic inn if satisfied that the premises or any substantial part thereof are or is of national, special historic or architectural interest and should be pre served for the benefit of the public generally. Upon any such order being made and notwithstanding anything contained in this Act, the Governor may, subject to such conditions as he may impose—
(i) sanction and authorise the issue by the licensing court of a license for the sale of liquor at an historic inn which is not already licensed under this Act ;
(ii) exempt any historic inn, the owner and the licensee thereof from such provisions of this Act as he may determine.

(b) Subject to any conditions imposed by the Governor and exemptions as aforesaid the provisions of this Act relating to publicans' licenses, the holders thereof, licensed premises and persons
resorting thereto, shall in respect of any license
issued in respect of an historic inn apply, mutatis
mutandis, to and in respect of any such license, the holder thereof, the premises in respect of which such license is issued and persons resorting thereto.
(c) The Governor may, before declaring any premises to be an historic inn under this sub section, refer the matter to the licensing court for inquiry and report. Any preservation society shall be entitled to be heard and represented before the licensing court on any such reference.
(d)

(d) In this subsection "preservation

society" includes The National Trust of Australia (New South Wales), the Royal Australian His torical Society, the Royal Australian Institute of Architects, New South Wales Chapter, and any other body specified by the Minister in a notice published in the Gazette.

(r)

(i)

by inserting at the end of subsection three of section one hundred and seventy the following new paragraphs : —

Where such appeal is not determined by the thirtieth day of June next following the can cellation of his license his license shall not be deemed to remain in force beyond that date unless he lodges with the clerk of the licensing court a sum equal to the amount last paid as a fee for the license of the premises.

If at such hearing the matter is determined against the appellant, the court shall apply the sum lodged in paying the proportionate part of the license fee and shall refund the balance to the appellant.

(ii)

by omitting from paragraph (b) of subsection five of the same section the words "other than the licensing magistrate from whose adjudica tion such appeal is made" and by inserting in lieu thereof the words ", or any three of them, other than the licensing magistrate from whose adjudication such appeal is made, or consti

five of this Act".
paragraph (a) of subsection twelve of section tuted in accordance with the provisions of

THE

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graph : — (4A) liquor at a trade fair under a permit	granted by the licensing court. Such
permit may be issued subject to such terms and conditions, including condi tions prescribing the classes of liquor that may be sold or offered for sale and requiring any liquor so sold or offered for sale to be in sealed con tainers of a size specified in such permit, as the licensing court may

(e)	(i)	by omitting from section twenty the words "or stand" wherever occurring;
(ii)	by inserting in subsection one of the same section after the words "in the license" the words "or, in lieu of any such day, on any day to which the function or event in respect of which the license is granted is postponed";
(f)	(i)	by omitting from paragraph (a) of subsection one of section twenty-one the words "(not exceeding five hundred pounds)" ;
(ii)	by omitting from paragraph (b) of the same subsection the word "five" and by inserting in lieu thereof the word "six";

(g)	by omitting from paragraph (a) of subsection one of section twenty-two the words "or stand";
(h)	by inserting at the end of subsection one of section twenty-three the following new paragraph : —
In the assessment or reassessment of any such amount fractions of a shilling shall be disregarded.

(a)	a house situated outside the Metropolitan, Newcastle and Wollongong Licensing Districts for a reduction in the public accommodation prescribed by section twenty-five of this Act in respect of such house; or
(b)	a house situated as referred to in section twenty-six of this Act for a reduction in the public accommodation prescribed by that section in respect of such house.

removal of any such license may be any of the persons referred to in paragraphs (i) , (ii),
(iii) and (iv) of this section.";
(v)	by omitting from the same section the words "whether for the grant, renewal, removal, or transfer of a license";

(m)	(i)	by inserting in subsection one of section thirty after the words "provided for in" the words "or as reduced in accordance with";
(ii)	by omitting subsections two and three of the same section;

(o)	by omitting from subsection one of section thirty- five the words "or stand";
(p)	by inserting at the end of section thirty-six the following new subsection : —

(r)	by inserting in paragraph (b) of subsection two of section thirty-eight after the words "seven days" the words ", or such further period as the licensing court may allow,";
(s)	by inserting at the end of subsection two of section thirty-nine the words "and to the council of the city, municipality, or shire within which the pre mises to which it is desired to remove the license are situated";
(t)	by omitting subsection two of section 39A and by inserting in lieu thereof the following subsection : —

(v)	(i)	by omitting from subsection one of section
40B the words "Upon proof that public
convenience requires" and by inserting in lieu thereof the words "On being satisfied of the necessity for";
(ii)	by omitting from subsection (1A) of the same section the words "Upon proof that public con venience requires" and by inserting in lieu thereof the words "On being satisfied of the necessity for".

(b)	by omitting from section forty-six the words "for the first offence to a penalty not exceeding five pounds and for the second or any subsequent offence to a penalty not exceeding thirty pounds" and by inserting in lieu thereof the words "to a penalty not exceeding fifty pounds";
(c)	by inserting in paragraph (c) of subsection two of section forty-seven after the words "such permit" the words "any conditions including conditions specifying";
(d)	by omitting from section fifty-one the word "two" and by inserting in lieu thereof the word "fifty";

(e)	(i)	by omitting from paragraph (b) of subsection	one of section fifty-seven the words "or upon
the morning of the day, not being a Sunday,
upon which Anzac Day is observed in each year";
(ii)	by inserting next after the same paragraph the following new paragraph : —

(f)	(i)	by inserting in subsection two of section 57A after the words "member of a club" the words "and his guests";
(ii)	by omitting from the same subsection the words "two-thirty o'clock in the afternoon" and by inserting in lieu thereof the words "three o'clock in the afternoon and between the hours of six o'clock in the evening and nine o'clock in the evening";

(a)	authorise liquor to be sold, disposed of, supplied or consumed in any room or part of the licensed premises or club premises other than the dining room, or
(b)	extend the permit to any hour between three o'clock in the afternoon and six o'clock in the evening or later than nine o'clock in the evening,

(h)	(i)	by inserting in subsection two of section 64A after the word "sold" the words "or supplied";
(ii)	by inserting in the same subsection after the word "public" the words "or members of the club and their guests, as the case may require";
(i)	(i)	by inserting in subsection one of section sixty- seven after the word "five," the words "or seven,";
(ii)	by inserting next after the same subsection the following new subsection : —
(1A) N O holder of a publican's license shall supply to any person for consumption on the premises of such holder any malted liquor unless the same is contained in a glass or other container which has been clearly marked in the prescribed manner to indicate the measure of the capacity thereof.
For the purpose of this subsection the prescribed manner of marking glasses or other containers shall be : —

(c)	by omitting from section 78D the words "light
wines and malted liquors" and by inserting in lieu thereof the word "liquor";

(f)	(i)	by omitting from subsection two of section
78H the word "five" and by inserting in lieu
thereof the word "six";

(h)	(i)	by omitting from subsection one of section
78L wherever occurring the words "in which
light wine or malted liquor" and by inserting in lieu thereof the words "and other con tainers in which liquor";
(ii)	by omitting from paragraph (a) of the same subsection the words "two-thirty" and "three" and by inserting in lieu thereof the words "three" and "three-thirty" respectively;

(c)	(i)	by omitting from section 132A the words "either before or after the commencement of Part IV of the Liquor (Amendment) Act, 1946,";
(ii)	by inserting in the same section after the word "sell" the word ", supply";

(e)	(i)	by omitting from paragraph (c) of section one hundred and thirty-four the words "upon premises of which such association or company are the bona-fide occupiers";
(ii)	by inserting in the same section next after the same paragraph the following new para g r a p h : —

(f)	by omitting from subsection two of section one hundred and thirty-six the words "Such application"
and by inserting in lieu thereof the words "Such
notice";
(g)	by omitting from subsection five of section 136A the words "and upon application being made by the secretary";

(r)	(i)	by inserting at the end of subsection three of section one hundred and seventy the following new paragraphs : —
Where such appeal is not determined by the thirtieth day of June next following the can cellation of his license his license shall not be deemed to remain in force beyond that date unless he lodges with the clerk of the licensing court a sum equal to the amount last paid as a fee for the license of the premises.
If at such hearing the matter is determined against the appellant, the court shall apply the sum lodged in paying the proportionate part of the license fee and shall refund the balance to the appellant.
(ii)	by omitting from paragraph (b) of subsection five of the same section the words "other than the licensing magistrate from whose adjudica tion such appeal is made" and by inserting in lieu thereof the words ", or any three of them, other than the licensing magistrate from whose adjudication such appeal is made, or consti