Liquor Amendment Act 1995 (NSW)

New South Wales

Liquor Amendment Act 1995 No 34

Contents

Page

1 Name of Act	2
2 Commencement	2
3 Amendment of Liquor Act 1982 No 147	2
3
Schedule 1	Amendments
New South Wales

Liquor Amendment Act 1995 No 34

Act No 34, 1995

An Act to amend the Liquor Act 1982 with respect to noise complaints, opening hours, statute law revision; and for other purposes. [Assented to 25 September 1995]

See also Registered Clubs Amendment Act 1995.

Section 1 Liquor Amendment Act 1995 No 34

The Legislature of New South Wales enacts:

Name of Act

This Act is the Liquor Amendment Act 1995.

Commencement

This Act commences on a day or days to be appointed by proclamation.

Amendment of Liquor Act 1982 No 147

The Liquor Act 1982 is amended as set out in Schedule 1.

Liquor Amendment Act 1995 No 34

Amendments	Schedule 1
Schedule 1	Amendments

(Section 3)

Section 4 Definitions
Section 4 (1), definition of key official

Omit “Secretary, Chief Secretary’s Department” from paragraph (a). Insert instead “Director-General of the Department of Gaming and Racing”.

Section 4 (1), definition of key official
Omit “Chief Secretary’s Department” wherever occurring from
paragraphs (b) and (c).

Insert instead “Department of Gaming and Racing”.

Section 4 (1), definition of key official

Omit “Secretary” from paragraph (c).

Insert instead “Director-General”.

Section 25 Hotelier’s licence—variation of trading hours

Insert “, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the refusal, revocation or reduction was based” after

“6 months” in section 25 (7A).

Section 27 Off-licence (retail)—variation of trading hours

Insert “, except with the leave of the court granted on the ground that	there has been a material change in the facts or circumstances on
which the refusal, revocation or reduction was based” after
“6 months” in section 27 (4).
Section 32 On-licence (restaurant)—variation of trading hours
Insert “, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the refusal, revocation or reduction was based” after “6 months” in section 32 (5).

Liquor Amendment Act 1995 No 34

Schedule 1 Amendments

Section 35A On-licence (vessel)—variation of trading hours

Insert “, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the refusal, revocation or reduction was based” after “6 months” in section 35A (5).

Section 44 Right of objection to application

Insert “or a person who is such a resident and is authorised in writing by 2 or more other such residents” after “situated” in section 44

(1) (b).

Section 44 (1A)

Omit section 44 (1A).

Section 44 (2)

Omit “or subsection (1A)”.

Section 67 Summons to show cause against taking of disciplinary action

Insert “or a person who is such a resident and is authorised in writing

by 2 or more other such residents” after “premises” in section 67

(1) (b).

Section 104 Quiet and good order of neighbourhood

Insert after section 104 (1A):

(1AA) A complaint under this section can be made only by:

(a)	a person authorised in writing by 3 or more persons residing in the neighbourhood of the licensed premises or a person who is such a resident and is authorised in writing by 2 or more other such residents, or
(b)	the Commissioner of Police, or
(c)	a person authorised by the council of the local government area (including the City of Sydney) in which the licensed premises are situated, or

Liquor Amendment Act 1995 No 34

Amendments Schedule 1

(d)	a person who satisfies the Board that his or her interests, financial or other, are adversely affected by the undue disturbance to which the person’s complaint relates, or
(e)	the Director.

Section 104 (9)

Insert after section 104 (8):

(9) If a condition restricting the trading hours of a licensee is imposed under this section, an application may be made to the Board to vary or revoke the condition. The application may not be made by or on behalf of the licensee during the period of 6 months that next succeeds the imposition of the condition, except with the leave of the Board granted on the ground that there has been a material change in the facts or circumstances on which the imposition of the condition was based. The application may be dealt with by the Board in such manner as the Board determines.

Sections 105A and 105B

Omit “Secretary, Chief Secretary’s Department” wherever occurring
from sections 105A (2)–(4) and (6) and 105B (3) and (4).
Insert instead “Director-General of the Department of Gaming and

Racing”.

Section 105B Restrictions relating to former key officials

Insert after section 105B (5):

(6) If a reference (“the original reference”) in this Act to a position, officer or Department is replaced with, or required to be read or construed as, a reference (“the replacement reference”) to another position, officer or Department, the replacement reference is for the purposes of the operation of this section to be read as including the original reference.

Liquor Amendment Act 1995 No 34

Schedule 1 Amendments

Schedule 1 Savings and transitional provisions

Insert after the matter relating to the Liquor (Amendment) Act 1994
in clause 1 (1):

Liquor Amendment Act 1995

Schedule 1

Insert after clause 30:

Part 5 Liquor Amendment Act 1995

31 Complaints as to quiet and good order of

neighbourhood

A complaint duly made to the Board under section 104 before the amendment of that section by the Liquor Amendment Act 1995 is taken to have been made in accordance with that section as so amended.

32 References to former key officials

Section 105B (6), as inserted by the Liquor Amendment Act 1995, is taken to have commenced on the commencement of section 105B.

[Minister’s second reading speech made in-

Legislative Assembly on 24 May 1995

Legislative Council on 31 May 1995]