Liquor and Gaming Legislation Amendment Act 2006 (WA)

Western Australia

Liquor and Gaming Legislation Amendment Act

2006

Western Australia

Liquor and Gaming Legislation Amendment Act

2006

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — Amendments to the Liquor

Licensing Act 1988

3.	The Act amended	3
4.	Long title amended	3
5.	Section 1 (short title) amended	3
6.	Section 3 amended	3
7.	Section 3A inserted	9

3A.

Meaning of “drunk”

8.	Section 4 amended	9
9.	Section 5 amended	9
10.	Section 7 amended	10
11.	Part 2 Division 2 replaced	11
Division 2 — The Liquor Commission

8.	Commission established	11
9.	The Commission’s jurisdiction	11
9A.	Constitution of Commission	11

Division 2A — Members of the Commission

9B.	Commission members	12
9C.	Tenure of office	12
9D.	Deputy chairperson	13
9E.	Removal or resignation	13
9F.	Leave of absence	14

Liquor and Gaming Legislation Amendment Act 2006

Contents

9G.

Termination of term of office may be

deferred

9H.

Remuneration and conditions of members

Division 2B — Other matters

9I.	Decisions of the Commission	15
9J.	Official seal	15
9K.	Annual reports	15
9L.	Laying annual report before House of
Parliament not sitting	16
9M.	Immunity	17

12.	Section 13 amended	17
13.	Section 16 amended	18
14.	Section 18 amended	20
15.	Section 18A inserted	20

18A.

Enforcement of decisions

16.	Section 19 amended	21
17.	Section 20 amended	21
18.	Section 21 amended	22
19.	Section 22 amended	22
20.	Part 2 Division 6 heading amended	22
21.	Section 24 amended	22
22.	Section 25 amended	23
23.	Section 26 replaced	24

26. Certain decisions of Director to be given

effect unless otherwise directed

24.	Section 27 amended	25
25.	Section 28 amended	25
26.	Section 29 amended	28
27.	Part 2 Division 7 replaced	28
Division 7 — Confidential police information

30.

Confidential police information

28.	Section 33 amended	31
29.	Section 35B amended	32
30.	Section 37 amended	32
31.	Section 37B inserted	33

37B.

Taking of fingerprints and palm prints

32.	Part 3 Division 2 heading replaced	35
Division 2 — Licences
33.	Section 38 replaced	35

38. Licensing authority to be satisfied that

certain applications are in the public

interest

34.

Section 41 amended

Liquor and Gaming Legislation Amendment Act 2006

Contents

35.	Section 46 amended	38
36.	Sections 46A and 46B inserted	39

46A.	Variation of special facility licences	39
46B.	Alternatives to, and replacements of,
special facility licences	40

37.	Part 3 Division 3 heading deleted	41
38.	Section 48 amended	41
39.	Section 49 amended	42
40.	Section 50 amended	43
41.	Section 55 amended	44
42.	Section 58 amended	44
43.	Section 60 amended	45
44.	Section 61A inserted	47

61A.

Limitations relating to permits for extended

hours

45.	Section 63 amended	47
46.	Section 64 amended	47
47.	Section 65B inserted	49

65B.

Prescribed conditions relating to the

responsible promotion of liquor

48.	Section 67 amended	50
49.	Section 68 amended	50
50.	Section 69 amended	51
51.	Section 71 repealed	52
52.	Section 72 amended	52
53.	Section 73 amended	53
54.	Section 74 amended	53
55.	Section 75 amended	54
56.	Section 76 amended	54
57.	Section 77 amended	55
58.	Section 80 amended	55
59.	Section 81 amended	55
60.	Section 84 amended	56
61.	Section 86 amended	56
62.	Section 87 amended	56
63.	Section 90 repealed	56
64.	Section 91 amended	56
65.	Section 93 amended	57
66.	Section 95 amended	58
67.	Section 97 amended	58
68.	Sections 98 to 98H inserted	58

98.

Permitted hours under a hotel licence

Liquor and Gaming Legislation Amendment Act 2006

Contents

98A.	Permitted hours under a nightclub licence	59
98B.	Permitted hours under a casino liquor
licence	60
98C.	Permitted hours under a special facility
licence	60
98D.	Permitted hours under a liquor store
licence	60
98E.	Permitted hours under a club licence and
club restricted licence	61
98F.	Permitted hours under a restaurant licence	62
98G.	Permitted hours under a producer’s
licence	62
98H.	Permitted hours under a wholesaler’s
licence	63

69.	Section 100 amended	63
70.	Section 102 amended	64
71.	Part 4 Division 3A inserted	65
Division 3A — Responsible practices in selling,

supplying and serving liquor

103A.

Responsible practices in selling, supplying

and serving liquor

72.	Section 104 amended	66
73.	Section 105 amended	67
74.	Section 106 amended	67
75.	Section 108 replaced	67

108. Certain licensees to exhibit charges for

meals and liquor

76.	Section 109 amended	68
77.	Section 110 amended	68
78.	Section 113A inserted	68

113A.

Licensees to include certain details on

website

79.	Section 114 amended	69
80.	Section 115 amended	69
81.	Section 115A inserted	73

115A.

Free drinking water to be provided at

certain licensed premises

82.	Section 116 amended	74
83.	Section 116A inserted	74

116A.

to be maintained

84.	Part 4 Division 7 heading replaced	74
Division 7 — Complaints to Director
85.	Section 117 amended	75
86.	Section 119 amended	78

Liquor and Gaming Legislation Amendment Act 2006

Contents

87.	Part 4 Division 8A inserted	78
Division 8A — Conduct of unapproved businesses

on or from licensed premises

119A.

Conduct of unapproved businesses on or

from licensed premises

88.	Section 121 amended	79
89.	Section 122 amended	80
90.	Section 123 amended	81
91.	Section 126 amended	81
92.	Sections 126A and 126B inserted and section 104
consequentially amended	82

126A.

Licensees may apply for approval of

entertainment for juveniles on licensed

premises

126B.

Director may approve entertainment for

juveniles on licensed premises

93.	Part 4 Division 10 inserted	84
Division 10 — Miscellaneous

126C.

Crowd controllers to be authorised when

exercising powers of removal

126D.

Sale of undesirable liquor products

126E.

Modified operation of Act for special

events

94.	Section 127 amended	87
95.	Section 128 amended	87
96.	Part 5 Division 3 heading amended	88
97.	Part 5A inserted	88
Part 5A — Prohibition orders

152A.	Terms used in this Part	88
152B.	Commissioner of Police may apply for
prohibition orders	88
152C.	Evidence in support of application	89
152D.	Relevant person to be given notice of
application	89
152E.	Director may make prohibition orders	90
152F.	Term of prohibition orders	91
152G.	Applications to vary or revoke prohibition
orders	91
152H.	Evidence in support of application	91
152I.	Respondent to be given notice of
application	92
152J.	Director may vary or revoke prohibition
orders	92
152K.	Notification of orders	93
152L.	Failure to comply with orders	93

Liquor and Gaming Legislation Amendment Act 2006

Contents

98.	Section 155 amended	94
99.	Section 165 amended	94
100.	Section 167 amended	95
101.	Section 172 amended	95
102.	Section 175 amended	95
103.	Section 177A inserted	96

177A.

Transitional provisions relating to the

Liquor and Gaming Legislation

Amendment Act 2006

104.	Schedule 1A inserted	97
Schedule 1A — Transitional provisions relating to

the Liquor and Gaming Legislation

Amendment Act 2006

1.	Terms used in this Schedule	97
2.	Liquor Licensing Court	97
3.	Liquor Licensing Court judge	98
4.	Pending cases stated and appeals to
Supreme Court	98
5.	Pending applications and matters	98
6.	Licences granted and permits issued by
Liquor Licensing Court	99
7.	Cabaret licences	99
8.	Courses of training and assessments	100
9.	References to the Liquor Licensing Court
and Liquor Licensing Court judge	100
10.	Transitional regulations	100

105.	Schedule 2 amended	101
106.	Amendments relating to the Liquor Commission	101
107.	Amendments relating to nightclub licences	102
108.	Amendments relating to guest accommodation	102
109.	Amendments relating to the use of reasonable force	103
110.	Amendments relating to penalty amounts	103
111.	Amendments relating to approved forms	105
Part 3 — Amendments to the Gaming

and Wagering Commission

Act 1987

112.	The Act amended	108
113.	Part II Division 7 inserted	108
Division 7 — Confidential police information

20A.

Confidential police information

108

Liquor and Gaming Legislation Amendment Act 2006

Contents

Part 4 — Amendments to other Acts

114. Amendments relating to the amended title of the

Liquor Licensing Act 1988

111

115. Amendments relating to the title of the repealed

Liquor Act 1970

111

116.

Constitution Acts Amendment Act 1899 amended

112

117.

Equal Opportunity Act 1984 amended

113

Western Australia

Liquor and Gaming Legislation

Amendment Act 2006

No. 73 of 2006

An Act to amend —

•	the Liquor Licensing Act 1988; and
•	the Gaming and Wagering Commission Act 1987,

and to provide for related matters, including minor amendments to

certain other Acts.

[Assented to 13 December 2006]

The Parliament of Western Australia enacts as follows:

Liquor and Gaming Legislation Amendment Act 2006

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This is the Liquor and Gaming Legislation Amendment

Act 2006.

2. Commencement

(1)

This Part comes into operation on the day after the day on

which this Act receives the Royal Assent.

(2)

This Act, other than this Part, comes into operation on a day

fixed by proclamation.

(3)

Different days may be fixed under subsection (2) for different

provisions.

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988

Part 2

s. 3

Part 2 — Amendments to the Liquor Licensing

Act 1988

3. The Act amended

The amendments in this Part are to the Liquor Licensing

Act 1988*.

[* Reprint 4 as at 9 June 2006.]

4. Long title amended

The long title is amended after “use of liquor,” by inserting —

“

to provide for orders that may prohibit persons from being

employed at, or from entering, licensed premises,

”.

5. Section 1 (short title) amended

Section 1 is amended by deleting “Licensing” and inserting

instead —

“ Control ”.

6. Section 3 amended

(1)	Section 3(1) is amended as follows:

(a)	by deleting the definition of “affected area”;
(b)	by deleting the definition of “cabaret licence”;
(c)	by deleting the definitions of “Category A licence” and “Category B licence”;
(d)	before the definition of “closing time” by inserting —

“

“chairperson” means the chairperson of the

Commission;

”;

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 6

(e)	in the definition of “club licence” after “section 48” by inserting —

“

, which may be granted without restriction or as a

club restricted licence

”;

(f)	after the definition of “club restricted licence” by inserting —

“

“Commission” means the Liquor Commission

established under section 8;

”;

(g)	after the definition of “condition” by inserting —

“

“confidential police information” means any information or document classified by the Commissioner of Police as confidential under

section 30(1);

“consume”, in relation to liquor, includes inhale and

absorb;

”;

(h)	by deleting the definition of “Court” and inserting —

“

“crowd control agent” has the same meaning as it has

in the Security and Related Activities (Control)

Act 1996 section 34;

“crowd controller’s licence” means a licence issued

for the purposes of the Security and Related

Activities (Control) Act 1996 section 37;

”;

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988

Part 2

s. 6

(i) by deleting the definition of “the Director” and inserting instead —

“

“Director” or “Director of Liquor Licensing” means the chief executive officer of the department of the Public Service principally assisting in the

administration of this Act;

”;

(j)	after the definition of “disqualified” by inserting —

“

“drunk” has the meaning given by section 3A(1);

”;

(k)	in the definition of “hotel licence” by deleting “and includes a hotel restricted licence and a tavern licence;” and inserting instead —

“

, which may be granted without restriction, as a

hotel restricted licence, as a tavern licence or as a

small bar licence;

”;

(l)	by deleting the definition of “the judge”;
(m)	after the definition of “lease” by inserting —

“

“legal practitioner” means a person who —

(a)	is a legal practitioner, as defined in the Legal Practice Act 2003; or
(b)	has been admitted to legal practice in another State or a Territory;

”;

(n)	by deleting the definition of “licence” and inserting instead —

“

“licence” means a licence granted under this Act;

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 6

”;

(o)	in the definition of “licence fee” after “period” by inserting —

“ or the fee payable in respect of a permit ”;

(p)	in the definition of “liquor” —

(i) in paragraph (a), by deleting “beverage” and inserting instead —

“

substance intended for human consumption

”;

and

(ii) in paragraph (c), by deleting “beverage or”;

(q)	in the definition of “lodger” by deleting “, other than in section 105(2),”;
(r)	by deleting the definition of “meal” and inserting instead —

“

“meal” means food —

(a)	that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food; and
(b)	that is of sufficient substance as to be ordinarily accepted as a meal; and
(c)	that may consist of one or more courses,

but does not include any food prescribed by the

regulations not to be a meal;

”;

(s)	in the definition of “member” after “accordance with” by inserting —

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988

Part 2

s. 6

“

regulations referred to in section 49(3)(c)(iv) and

”;

(t)	after the definition of “member” by inserting —

“

“member”, in relation to the Commission, means a

member of the Commission and includes the

chairperson;

”;

(u)	after the definition of “metropolitan area” by inserting —

“

“nightclub licence” means a licence granted under

section 42;

”;

(v) in the definition of “owner” after “licensed premises” by inserting —

“ or regulated premises ”;

(w)	in the definition of “permitted hours” by deleting “section 97” and inserting instead —

“ Part 4 Division 1 ”;

(x) after the definition of “restaurant licence” by inserting —

“

“sample”, in relation to a type of liquor, means the

prescribed quantity of that type of liquor;

”;

(y)	after the definition of “ship” by inserting —

“

“small bar licence” means a hotel licence of the kind

referred to in section 41(1)(aa);

”;

(z)	after the definition of “subsidy” by inserting —

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 6

“

“substance”, in the definition of “liquor”, includes a

vapour;

”.

(2)	Section 3(2)(b) is amended after “containers” by inserting —
“ or any device ”.
(3)	Section 3(4) is amended as follows:

(a)	after paragraph (a) by inserting —

“ or ”;

(b)

at the end of paragraph (c) by deleting the comma and “

; or

(d)	occupies a position, in relation to the body corporate, prescribed by the regulations to be a position of authority,

”.

(4)	After section 3(6) the following subsection is inserted —

“

(7)

In the definition of “authorised person” in

subsection (1) —

“employee” includes —

(a)	a person engaged under a contract for services by the licensee, occupier or manager of licensed or regulated premises; and
(b)	a person holding a crowd controller’s licence who is employed by a crowd control agent engaged under a contract for services by the licensee or occupier or a manager of licensed premises to supply the services of crowd controllers at those premises.

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988

Part 2

”.

7. Section 3A inserted

After section 3 the following section is inserted —

“

3A.	Meaning of “drunk”

(1)	A person is “drunk” for the purposes of this Act if —

(a)	the person is on licensed premises or regulated premises; and
(b)	the person’s speech, balance, co-ordination or behaviour appears to be noticeably impaired; and
(c)	it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor.

(2)	If an authorised officer or a person on whom a duty is imposed under section 115 decides, in accordance with subsection (1), that a person is drunk at a particular time, then, in the absence of proof to the contrary, that person is to be taken to be drunk at that time.

”.

8. Section 4 amended

Section 4(8) is repealed.

9. Section 5 amended

(1)	Section 5(1) is amended at the end of paragraph (b) by deleting the full stop and inserting —

“

; and

(c)	to cater for the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry, the

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 10

tourism industry and other hospitality industries

in the State.

”.

(2)	Section 5(2) is amended as follows:

(a)	after “the following” by inserting —

“ secondary ”;

(b)	by deleting paragraphs (a), (b) and (c) and inserting instead —

“

(a)	to facilitate the use and development of licensed facilities, including their use and development for the performance of live original music, reflecting the diversity of the requirements of consumers in the State; and

”.

(3)	After section 5(2) the following subsection is inserted —

“

(3)	If, in carrying out any of its functions under this Act, the licensing authority considers that there is any inconsistency between the primary objects referred to in subsection (1) and the secondary objects referred to in subsection (2), the primary objects take precedence.

”.

10. Section 7 amended

(1)

Section 7(1)(a) is amended by deleting “Licensing Court;” and

inserting instead —

“ Commission; ”.

(2)

Section 7(3) and (4) are repealed and the following subsection is

inserted instead —

“

(3)	Subject to this Act, the Director —

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 11

(a)	is not to exercise jurisdiction in respect of a matter before the Commission or within the jurisdiction of the Commission; and
(b)	is not subject to direction by the Commission, except as a party to proceedings or as may be specifically provided by this Act.

”.

11. Part 2 Division 2 replaced

Part 2 Division 2 is repealed and the following Divisions are

inserted instead —

“

Division 2 — The Liquor Commission

8. Commission established

A commission called the Liquor Commission is

established.

9. The Commission’s jurisdiction

(1)

The Commission has the jurisdiction conferred on it by

this Act and any other written law.

(2)

The Commission constituted in accordance with this

Act may sit and exercise the jurisdiction of the

Commission even though the Commission differently

constituted in accordance with this Act is at the same

time sitting and exercising the jurisdiction of the

Commission.

9A.	Constitution of Commission

(1)	Except as otherwise stated in this Act or determined by the chairperson under subsection (2), the Commission is to be constituted by one member.

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 11

(2)

The chairperson may determine that, in respect of any particular matter or any matter of a particular kind, the Commission is to be constituted by 3 members.

(3)

If the Commission is constituted by 3 members and

they are divided on a question they are required to

decide, the question is decided according to the opinion

of the majority of them.

Division 2A — Members of the Commission

9B.	Commission members

(1)	The Commission is to have —

(a)	a chairperson; and
(b)	other members as determined by the Minister.

(2)

The chairperson and other members are to be appointed

in writing by the Minister.

(3)

A person may be appointed as a member if, in the

opinion of the Minister, the person has knowledge or

experience relevant to the functions of the

Commission.

(4)

The Minister is to ensure that at least one member is a

legal practitioner.

9C.	Tenure of office

(1)

A member is to be appointed to hold office on a

full-time basis, part-time basis or sessional basis.

(2)

The term for which a person is appointed as a member

is to be fixed in the instrument of appointment and is to

be not longer than 5 years.

(3)

A person’s eligibility for reappointment or the term for

which a person may be reappointed is not affected by

an earlier appointment.

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 11

9D.	Deputy chairperson

(1)

The Minister is to appoint a member as the deputy

chairperson of the Commission.

(2)

The deputy chairperson may act as chairperson —

(a)	in the absence of the chairperson; or
(b)	if so requested by the chairperson; or
(c)	during a vacancy in the office of chairperson.

(3)	While acting as chairperson the deputy chairperson has, and may perform, the functions of chairperson.
(4)	No act or omission of a person acting in the place of the chairperson under this section is to be questioned on the ground that the occasion for acting had not
arisen or had ceased.

9E.	Removal or resignation

(1)	The Minister may terminate the term of office of a member if —

(a)	the member has been convicted of an indictable offence or an offence that, if committed in Western Australia, would be an indictable offence; or
(b)	administration according to the meaning of that

the member is an insolvent under Act 2001; or

(c)	the Minister is satisfied that the member has become incapable of performing, or has neglected to perform, the duties of office; or
(d)	the Minister is satisfied that the member is unfit to hold office because of misconduct.

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 11

(2)	A member may resign office by giving the Minister a signed letter of resignation.

9F.	Leave of absence
The Minister may grant leave of absence to a member on the terms and conditions that the Minister thinks fit.
9G.	Termination of term of office may be deferred
Despite the term of office of a member having expired by the passage of time, the member may continue in office —

(a)	until the member is reappointed, or a successor is appointed; and
(b)	in any event for the purpose of completing any part-heard proceedings,

unless the Minister otherwise directs.

9H.	Remuneration and conditions of members

(1)

The remuneration and allowances and other conditions

of office of a member are to be determined by the

Minister after consultation with the Minister for Public

Sector Management.

(2)

Subsection (1) has effect subject to the Salaries and

Allowances Act 1975 if that Act applies to the member.

(3)

The remuneration and allowances and conditions of

office of a member are not to be varied while the

member is in office so as to become less favourable to

the member.

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 11

Division 2B — Other matters

9I.	Decisions of the Commission

(1)

A decision of the Commission is to be given in writing

and authenticated in accordance with rules of the

Commission.

(2)

The Commission is to give a copy of a decision to each

party to the proceedings.

(3)

A failure of the Commission to comply with

subsection (1) or (2) does not affect the validity of a

decision.

9J.	Official seal

(1)

The Commission is to have a seal.

(2)

All courts and persons acting judicially are required to

take judicial notice of the official seal of the

Commission affixed to a document.

(3)

If the official seal of the Commission is affixed to a

document, a court or person acting judicially is to

presume that it was properly affixed unless the contrary

is proved.

9K.	Annual reports

(1)	The chairperson is required, on or before 30 September in each year, to submit to the Minister an annual report on the activities of the Commission during the year
ending on the preceding 30 June.
(2)	The annual report is to include details of —

(a)	the number, nature and outcome of matters that have come before the Commission; and
(b)	the number and nature of matters that are outstanding; and

Liquor and Gaming Legislation Amendment Act 2006

Part 2

Amendments to the Liquor Licensing Act 1988

s. 11

(c)	any trends or special problems that may have emerged; and
(d)	forecasts of the workload of the Commission in the year after the year to which the report relates; and
(e)	any proposals for improving the operation of the Commission.

(3)	The Minister is to cause a copy of each report submitted under subsection (1) to be laid before each House of Parliament within 28 days after submission of the report.
(4)	The chairperson, if requested to do so by the Minister, is to report to the Minister about the jurisdiction and functions of the Commission or any matter connected with the exercise of that jurisdiction or the performance of those functions.
(5)	The chairperson may, from time to time, report to the Minister about anything referred to in subsection (4) whether or not the chairperson has been requested to do
so.

9L.	Laying annual report before House of Parliament not sitting

(1) If —

(a)	at the commencement of the period within which section 9K(3) requires a copy of a report to be laid before a House of Parliament, the House is not sitting; and
(b)	the Minister is of the opinion that the House will not sit during that period,

the Minister is to transmit a copy of the report to the

Clerk of the House.

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 12

(2)

A copy of a report transmitted to the Clerk of a House

is to be regarded as having been laid before that House.

(3)

The laying of a copy of a report that, under

subsection (2), is to be regarded as having occurred is

to be recorded in the Minutes, or Votes and

Proceedings, of the House on the first sitting day of the

House after the Clerk received the copy.

9M.

Immunity

(1)	A member has, in the performance of his or her functions as member, the same protection and immunity as a judge of the Supreme Court has in the performance of his or her duties as a judge.
(2)	A person representing a party in proceedings in the Commission has the same protection and immunity as a legal practitioner has in representing a party in proceedings in the Supreme Court.
(3)	A party to proceedings in the Commission has the same protection and immunity as a party to proceedings in the Supreme Court.
(4)	A person appearing as a witness before the Commission has the same protection and immunity as a witness has in proceedings in the Supreme Court.

”.

12. Section 13 amended

(1)	Section 13(1) is repealed.
(2)	Section 13(2) is amended by deleting “Court, to the chief executive officer of the relevant department of the Public Service.” and inserting instead —
“ Commission. ”.

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 13

(3)

Section 13(3)(b) is amended by deleting “the judge of the

Liquor Licensing Court.” and inserting instead —

“ a member of the Commission. ”.

(4)

After section 13(3) the following subsection is inserted —

“

(3a)	Subsection (3) does not limit the functions of the Director as a chief executive officer under the Public Sector Management Act 1994.

”.

(5)	Section 13(4) is repealed and the following subsection is inserted instead —

“

(4)	The Director is to determine applications and matters under this Act that are not subject to the jurisdiction of the Commission, and may defer consideration or further consideration of any application or matter if it is necessary to obtain more information.

”.

13. Section 16 amended

(1)

Section 16(1)(b) is amended by deleting “notwithstanding

subsection (7), is not bound by legal rules relating to evidence

or procedure but”.

(2)

Section 16(7) and (8) are repealed and the following subsections

are inserted instead —

“

(7)	The Evidence Act 1906 does not apply to the proceedings of the licensing authority, however constituted, and the licensing authority —

(a)	is not bound by the rules of evidence or any practices or procedures applicable to courts of record, except to the extent that the licensing

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 13

authority adopts those rules, practices or

procedures or the regulations make them apply;

and

(b)	is to act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms; and
(c)	is to act as speedily and with as little formality and technicality as is practicable.

(8)	The hearing of a proceeding before the Commission is to be in private unless the Commission considers that, in the circumstances of the case, the hearing should be in public.

”.

(3)	Section 16(9) is amended as follows:

(a)	by deleting the portion of the subsection before paragraph (b) and inserting instead —

“

When the hearing of a proceeding before the

Commission is in private, the Commission, of its own

motion or on the application of a party to the

proceeding, may —

(a)	subject to section 17, give directions as to the persons who may be present; and

”;

(b)	in paragraph (b), by deleting “, whether in public or in private,”.

(4)	Section 16(10) is amended as follows:

(a)	by deleting paragraph (a) and “or” after it;
(b)	by deleting “proceedings should be public and that”;
(c)	by deleting “to the public and”;
(d)	by deleting “hearing should be held in private or why”.

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 14

(5)	Section 16(11) is amended after “and (9)” by inserting —
“ and section 30 ”.
(6)	Section 16(14) is amended by deleting “licensee or manager” and inserting instead —
“ person ”.

14. Section 18 amended

(1)	Section 18(2)(a) is amended by deleting “the judge;” and inserting instead —
“ a member; ”.
(2)	Section 18(3)(a) is amended by deleting “judge” and inserting instead —
“ chairperson ”.
(3)	Section 18(3)(c) is amended by deleting “Rules of Court” and inserting instead —
“ rules of the Commission ”.

15. Section 18A inserted

(1)	After section 18 the following section is inserted —

“

18A.	Enforcement of decisions

(1)

Subject to sections 19 and 143, a decision of the licensing authority, however constituted, may be enforced under this section.

(2)

A person seeking to enforce a decision under this

section may file in the Supreme Court —

(a)	a copy of the decision that the licensing authority has certified to be a true copy; and

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 16

(b)	the person’s affidavit stating to what extent the decision has not been complied with; and
(c)	a certificate from the licensing authority stating that the decision is appropriate for filing in the Supreme Court.

(3)

No charge is to be made for filing a copy of a decision,

an affidavit or a certificate under this section.

(4)

On filing, the decision is to be taken to be a decision of

the Supreme Court and may be enforced accordingly.

”.

16. Section 19 amended

(1)	Section 19(1) is repealed.
(2)	Section 19(2) is amended as follows:

(a)	by deleting “or the Court makes an order for the payment of costs” and inserting instead —

“ by the licensing authority, however constituted, ”;

(b)	by deleting “or the costs”.

17. Section 20 amended

(1)	Section 20(1) is amended as follows:

(a)	in paragraph (a)(i), by deleting “the Liquor Licensing Court judge,” and inserting instead —

“ a member, ”;

(b)	by deleting the passage from and including “Liquor Licensing Court judge may” to the end of the subsection and inserting instead —

“

chairperson may report the matter to the District Court,

and the District Court has jurisdiction to deal with the

matter as if it were a contempt of the District Court.

”.

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 18

(2)	After section 20(1) the following subsection is inserted —

“

(1a)	If subsection (1) applies to an act or omission by a person and that act or omission is also an offence under this Act, the person is not liable to be punished twice.

”.

(3)

Section 20(3)(c) is amended by deleting “the judge,” and

inserting instead —

“ a member, ”.

18. Section 21 amended

Section 21(3) is repealed.

19. Section 22 amended

Section 22 is amended as follows:

(a)	by deleting “of Court” and inserting instead —

“ of the Commission ”;

(b)	by deleting “Liquor Licensing Court judge,” and inserting instead —

“ Commission, ”.

20. Part 2 Division 6 heading amended

The heading to Part 2 Division 6 is amended by deleting

“Court,” and inserting instead —

“ Commission, ”.

21. Section 24 amended

(1)

Section 24 is amended before “The” by inserting the subsection

designation “(1)”.

(2)

At the end of section 24 the following subsection is inserted —

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 22

“

(2)	When hearing and determining a matter or part of a matter referred under subsection (1), the Commission is to be constituted by 3 members if —

(a)	the matter or part of a matter relates to an application for the grant or removal of a licence; or
(b)	the matter or part of a matter relates to the making, variation or revocation of a prohibition order under Part 5A; or
(c)	the chairperson so determines under section 9A(2).

”.

22. Section 25 amended

(1)	After section 25(2) the following subsections are inserted —

“

(2a)

An application for a review of a decision made by the

Director under section 93 to cancel a licence can be

made only on a question of law.

(2b)

When carrying out a review of a decision made by the

Director, the Commission is to be constituted by

3 members if —

(a)	the decision relates to an application for the grant or removal of a licence; or
(b)	the decision is to make, vary or revoke a prohibition order under Part 5A; or
(c)	the chairperson so determines under section 9A(2).

(2c)	When conducting a review of a decision made by the Director, the Commission may have regard only to the material that was before the Director when making the decision.

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 23

(2d)	When conducting a review of a decision involving a question of law or giving directions under subsection (4)(c)(i), the Commission is to be constituted by, or is to include, a member who is a legal practitioner.

”.

(2)	Section 25(5)(a) is amended as follows:

(a)	after subparagraph (i) by inserting —

“ or ”;

(b)	by deleting subparagraph (ii) and “or” after it and inserting —

“

(ii) the imposition, variation or cancellation of a term or condition of an extended trading permit or an occasional licence; or

(iia)

the cancellation of, or suspension of the operation of, an extended trading permit or an occasional licence; or

”.

(3)	After section 25(5) the following subsection is inserted —

“

(5a)	Despite subsection (5)(a)(i), this section does apply to a decision in respect of or incidental to an application for an extended trading permit of a kind prescribed.

”.

23. Section 26 replaced

Section 26 is repealed and the following section is inserted

instead —

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 24

“

26. Certain decisions of Director to be given effect unless otherwise directed

Where —

(a)	the holder of a licence applies to the Commission for a review of a decision made by the Director in respect of that licence; or
(b)	the person subject to a prohibition order under Part 5A applies to the Commission for a review of a decision made by the Director in respect of that order,

effect is to be given to the decision made by the

Director unless the Commission, by way of interim

order, otherwise directs.

”.

24. Section 27 amended

Section 27(2) is amended by deleting “the Court of Appeal.”

and inserting instead —

“ a single judge of the Supreme Court. ”.

25. Section 28 amended

(1)	Section 28(1), (2) and (3) are repealed and the following subsections are inserted instead —

“

(1)	Subject to this section, a person who —

(a)	Commission (including the Director

is a party to proceedings before the Commission under section 69(11)); and

(b)	is dissatisfied with a decision of the Commission,

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 25
may appeal under this section.

(2)

No appeal lies against a decision of the Commission

constituted by 3 members except to the Supreme Court

on a question of law.

(2a)

No appeal lies against a decision of the Commission

constituted by 3 members if the decision was made

solely or partly on the basis of confidential police

information.

(2b)

No appeal lies against a decision of the Commission

constituted by one member except to the Commission

constituted in accordance with subsection (4a)(a).

(2c)

No appeal lies against a decision of the Commission

constituted by one member if the decision was made on

a review under section 25 of a decision of the Director.

(3)	No further appeal lies against a decision of the Commission under this section on an appeal against a decision of the Commission constituted by one member.

”.

(2)	Section 28(4) is amended as follows:

(a)	after “this section” by inserting —

“

against a decision of the Commission constituted by

3 members

”;

(b)	in paragraph (a), by deleting “the Court of Appeal;” and inserting instead —

“ a single judge of the Supreme Court; ”.

(3)	After section 28(4) the following subsection is inserted —

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 25

“

(4a)	An appeal under this section against a decision of the Commission constituted by one member —

(a)	is to be heard and determined by the Commission constituted by 3 other members, including a member who is a legal practitioner; and
(b)	must be instituted and conducted in accordance with rules of the Commission.

”.

(4)	Section 28(5) is repealed and the following subsections are inserted instead —

“

(5)	On an appeal under this section to the Supreme Court, the Supreme Court may —

(a)	affirm, vary or quash the decision appealed against; or
(b)	make any decision that the Commission could have made instead of the decision appealed against; or
(c)	send the decision back to the Commission for reconsideration in accordance with any directions or recommendations that the Court considers appropriate,

and, in any case, may make any ancillary or incidental

order the Supreme Court considers appropriate.

(6)	On an appeal under this section to the Commission constituted in accordance with subsection (4a)(a), the Commission may —

(a)	affirm, vary or quash the decision appealed against; or

Liquor and Gaming Legislation Amendment Act 2006

Part 2

Amendments to the Liquor Licensing Act 1988

s. 26

(b)	make any decision that the Commission could have made instead of the decision appealed against,

and, in any case, may make any ancillary or incidental

order the Commission considers appropriate.

”.

26. Section 29 amended

Section 29 is amended after “Supreme Court” by inserting —

“

or the Commission as constituted under

section 28(4a)(a), as the case requires

”.

27. Part 2 Division 7 replaced

Part 2 Division 7 is repealed and the following Division is

inserted instead —

“

Division 7 — Confidential police information

30. Confidential police information

(1)

For the purposes of this section, the Commissioner of Police may classify as confidential any information or document held by the Commissioner of Police.

(2)

Despite any other provision of this Act, any

information or document provided by the

Commissioner of Police to the licensing authority for

the purposes of this Act must not be published or

disclosed by the licensing authority to any person

(except to the Minister, the Parliamentary

Commissioner for Administrative Investigations

appointed under section 5 of the Parliamentary

Commissioner Act 1971, the Corruption and Crime

Commission established under the Corruption and

Crime Commission Act 2003, the Parliamentary

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 27
Inspector of the Corruption and Crime Commission appointed under the Corruption and Crime Commission Act 2003, a court or a person to whom the Commissioner of Police authorises its disclosure) if the information or document is classified as confidential police information.

(3) If —

(a)	the licensing authority —

(i) refuses an application for a licence, for approval of the transfer of a licence, or for approval of a person’s occupation of

a position of authority in a body corporate under section 33(5); or

(ii)

refuses approval of the appointment of a or

(iii) refuses or withdraws approval of a person as a manager under section 35B; or

(iv) takes disciplinary action against a person under Part 3 Division 13; or

(v) makes or varies a prohibition order in respect of a person under Part 5A;

and

(b)	the decision to do so is made solely or partly on the basis of confidential police information provided to the licensing authority,

the licensing authority is not required to give any

reasons for the decision other than that the decision is

made in the public interest.

(4)	If the Commissioner of Police lodges an objection to an application under section 73 solely or partly on the basis of confidential police information —

Liquor and Gaming Legislation Amendment Act 2006

Part 2

Amendments to the Liquor Licensing Act 1988

s. 27

(a)	the Commissioner of Police is not required to serve a copy of the notice under section 73(4a); and
(b)	the licensing authority must, at least 7 days before the hearing of the application, give the applicant written notice that the Commissioner of Police has objected to the application on the ground that the grant of the application would not be in the public interest.

(5)

If the Director or the Commissioner of Police lodges a

complaint under section 95 in respect of a person solely

or partly on the basis of confidential police

information, the complaint need only state that it would

not be in the public interest if the person were to be or

continue to be licensed or approved, as the case may

be.

(6)

In any proceedings under this Act (other than proceedings for an offence), the Director, the Commission or a court —

(a)	must, on the application of the Commissioner of Police, take all reasonable steps to maintain the confidentiality of confidential police

information, including steps —

(i) to receive evidence and hear argument about confidential police information in private and in the absence of any party to the proceedings other than the Director or the Commissioner of Police or their representatives; and

(ii) to prohibit the publication of evidence about confidential police information;

and

(b)	may take evidence consisting of or relating to confidential police information by way of an

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 28

affidavit of a member of the Police Force of or

above the rank of Superintendent.

(7)	The Commissioner of Police must not delegate the function of classifying information or documents as confidential police information except to a Deputy Commissioner of Police or an Assistant Commissioner of Police.

”.

28. Section 33 amended

(1)	Section 33(6a) is repealed and the following subsections are inserted instead —

“

(6a)

For the purposes of a determination under

subsection (6) in respect of a person, the character and

reputation of any person suspected by the licensing

authority to be associated with that person may be

taken to be relevant and amongst the matters to which

consideration should be given.

(6b)

Unless the Director otherwise approves, a

determination cannot be made under subsection (6) that

a person —

(a)	is a fit and proper person to hold a licence; or
(b)	is approved to occupy a position of authority in a body corporate,

unless the person has successfully completed —

(c)	a course of training or an assessment, approved by the Director, in the management of licensed premises; and
(d)	a course of training or an assessment, approved by the Director, in responsible practices in the sale, supply and service of liquor.

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 29

(6c)	The regulations may modify the operation of subsection (6b) for the purposes of applications for or in respect of an occasional licence.

”.

29. Section 35B amended

(1)	Section 35B(3) is amended at the end of paragraph (b) by deleting the full stop and inserting —

“

; or

(c)	that the manager has not, within the period specified by the Director after being approved, successfully completed —

(i) a course of training or an assessment, approved by the Director, in the management of licensed premises; and

(ii) a course of training or an assessment, approved by the Director, in responsible practices in the sale, supply and service of liquor.

”.

(2)	Section 35B(4) is amended after “been given” by inserting —
“ , subject to section 30, ”.
(3)	After section 35B(6) the following subsection is inserted —

“

(7)	The regulations may modify the operation of this section for the purposes of the approval of a person as a manager in respect of an occasional licence.

”.

30. Section 37 amended

(1)	Section 37(4) is amended after “so to act” by inserting —

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 31

“

, and there is then no person approved under

section 35B as a manager of the premises or appointed

under section 100(3) to manage the premises

”.

(2)	After section 37(5) the following subsection is inserted —

“

(6)	The condition referred to in subsection (5) continues to apply to a licence during any period that the operation of the licence is suspended.

”.

31. Section 37B inserted

After section 37A the following section is inserted in Part 3

Division 1 —

“

37B.	Taking of fingerprints and palm prints

(1)

The licensing authority may by notice in writing (an

“identification notice”) require a person to whom

subsection (2) or (3) applies to attend at a specified

place and there have his or her fingerprints and palm

prints taken by a member of the Police Force.

(2)

This subsection applies to a person who makes an

application to the licensing authority —

(a)	for a licence; or
(b)	for approval to occupy a position of authority in a body corporate that is a licensee; or
(c)	for approval as a manager under section 35B.

(3)	This subsection applies to —

(a)	a licensee; or
(b)	a person who occupies a position of authority in a body corporate that is a licensee; or

Liquor and Gaming Legislation Amendment Act 2006

Part 2

Amendments to the Liquor Licensing Act 1988

s. 31

(c)	a person approved as a manager under section 35B,

whose fingerprints and palm prints have not been taken

in accordance with an identification notice given for

the purposes of an application referred to in

subsection (2).

(4)

If a person to whom subsection (2) applies refuses to

comply with an identification notice, the licensing

authority may refuse the relevant application.

(5)

If a person to whom subsection (3) applies refuses to

comply with an identification notice, a proper cause for

disciplinary action under section 96 is to be taken to

have been made out in respect of the person.

(6)

The Commissioner of Police is to cause fingerprints

and palm prints taken under this section and any copy

of them to be destroyed —

(a)

in the case of fingerprints or palm prints taken applies —

(i) if the relevant application is not granted; or

(ii) if, after the relevant application is granted, the person ceases to be a licensee, to occupy a position of

authority in a body corporate that is a

licensee, or to be a manager;

(b)	from a person to whom subsection (3)

in the case of fingerprints or palm prints taken to occupy a position of authority in a body corporate that is a licensee, or to be a manager.

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 32

(7)	The licensing authority is to provide the Commissioner of Police with any information that the Commissioner of Police requires to comply with subsection (6).

”.

32. Part 3 Division 2 heading replaced

The heading to Part 3 Division 2 is deleted and the following

heading is inserted instead —

“

Division 2 — Licences

”.

33. Section 38 replaced

Section 38 is repealed and the following section is inserted

instead —

“

38. Licensing authority to be satisfied that certain applications are in the public interest

(1)	Subsection (2) applies to —

(a)	an application for the grant or removal of a licence; or
(b)	an application for a permit of a kind prescribed; or
(c)	any other application to which the Director decides it is appropriate for subsection (2) to apply.

(2)

An applicant who makes an application to which this subsection applies must satisfy the licensing authority that granting the application is in the public interest.

(3)

For the purpose of subsection (2), the applicant must

provide to the licensing authority —

(a)	any prescribed document or information; and

Liquor and Gaming Legislation Amendment Act 2006

Part 2

Amendments to the Liquor Licensing Act 1988

s. 34

(b)	any other document or information reasonably required by the licensing authority for those purposes.

(4)	Without limiting subsection (2), the matters the licensing authority may have regard to in determining whether granting an application is in the public interest include —

(a)	the harm or ill-health that might be caused to people, or any group of people, due to the use of liquor; and
(b)	the impact on the amenity of the locality in which the licensed premises, or proposed licensed premises are, or are to be, situated; and
(c)	whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity of the licensed premises or proposed licensed premises; and

(d) any other prescribed matter.

(5)

If an application referred to in subsection (1)(a) is not granted because the licensing authority is not satisfied that granting the application is in the public interest, an

application for the grant or removal of a licence in

respect of the same premises or land cannot be made

within 3 years after the licensing authority’s decision

unless the Director certifies that the proposed

application is of a kind sufficiently different from the

application that was not granted.

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 34

(6)	A decision by the Director under subsection (1)(c) or (5) in relation to an application is not subject to review under section 25.

”.

34. Section 41 amended

(1)	Before section 41(1) the following subsection is inserted —

“

(1aa)

For the purposes of this Act, where a hotel licence is

not subject to any condition referred to in

subsection (4) and is subject to —

(a)	a condition prohibiting the sale of packaged liquor; and
(b)	a condition limiting the number of persons who may be on the licensed premises to a maximum of 120,

it is to be referred to as a small bar licence, and an

application may be made for a small bar licence if the

applicant does not seek another kind of hotel licence.

”.

(2)	Section 41(1)(a) is amended by deleting “the condition referred to in subsection (4)” and inserting instead —

“

any condition referred to in subsection (4) and

is not a small bar licence

”.

(3)	Section 41(2) is amended as follows:

(a)	in paragraph (a), by deleting “is required to” and inserting instead —

“ may ”;

(b)	by deleting paragraph (b) and inserting the following paragraph instead —

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 35

“

(b)	may, unless the licence is a small bar licence or a hotel restricted licence, sell packaged liquor on and from the premises to any person.

”.

(4)	Section 41(4) is repealed and the following subsection is inserted instead —

“

(4)	Unless it is a small bar licence or a tavern licence, a hotel licence —

(a)	subject to subsection (5) and to any variation under subsection (6), is subject to the condition that the licensee provides guest accommodation for any person; and
(b)	subject to subsection (5) and without limiting section 64, is subject to any condition imposed by the licensing authority requiring meals to be provided to lodgers.

”.

(5)	Section 41(5)(a) is deleted and the following is inserted instead —

“

(a)	the person seeking the guest accommodation or, if applicable, the meal, is a person who may be refused entry to the licensed premises by the licensee under section 115(4); or

”.

35. Section 46 amended

After section 46(1) the following subsection is inserted —

“

(1a)	The licensing authority is not to grant a special facility licence only because —

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 36

(a)	the grant or variation of a licence of another class; or
(b)	the imposition, variation or cancellation of a condition on a licence of another class; or
(c)	the issue of an extended trading permit in respect of a licence of another class,

is not possible because an approval, consent or

exemption required under another written law cannot

be obtained.

”.

36. Sections 46A and 46B inserted

After section 46 the following sections are inserted —

“

46A.	Variation of special facility licences

(1)	The licensing authority is not to vary a special facility licence, or impose, vary or cancel a condition on a special facility licence, if —

(a)	granting or varying a licence of another class; or
(b)	imposing, varying or cancelling a condition on a licence of another class; or
(c)	issuing an extended trading permit in respect of a licence of another class,

would achieve the purposes for which —

(d)	the variation of the special facility licence is sought; or
(e)	the imposition, variation or cancellation of a condition on the special facility licence is sought.

(2)	Subsection (1) applies —

Liquor and Gaming Legislation Amendment Act 2006

Part 2

Amendments to the Liquor Licensing Act 1988

s. 36

(a)	whether or not an application has been made for a grant, variation, imposition, cancellation or issue referred to in paragraph (a), (b) or (c) of that subsection; and
(b)	even if such an application has been made and has been refused.

46B.	Alternatives to, and replacements of, special facility licences

(1)	If the licensing authority does not grant or vary a special facility licence because section 46(2) or 46A(1) applies, the licensing authority may, with the agreement of the applicant, treat the application for, or for the variation of, the special facility licence as an application for —

(a)	the grant or variation of a licence of another class; or
(b)	the imposition, variation or cancellation of a condition on a licence of another class; or
(c)	the issue of an extended trading permit in respect of a licence of another class.

(2)	The licensing authority may of its own motion or on the application of the licensee —

(a)	cancel a special facility licence; and
(b)	in respect of the premises to which the special facility licence related —

(i) grant to the person who was the licensee a licence of another class; and

(ii)

if considered appropriate by the an extended trading permit.

(3)	If the licensing authority of its own motion proposes to cancel a special facility licence and grant a licence of

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988

Part 2

s. 37

another class under subsection (2), the licensing

authority —

(a)	is to give the licensee a notice that sets out the proposal and the reasons for it; and
(b)	is to give the licensee a reasonable opportunity to make submissions or to be heard in relation to the proposal.

”.

37. Part 3 Division 3 heading deleted

The heading to Part 3 Division 3 is deleted.

38. Section 48 amended

(1)	Section 48(1)(b) is deleted and the following paragraph is inserted instead —

“

(b)	which is subject to conditions prohibiting the sale of liquor for consumption off the premises, or the removal of liquor from the premises, unless subsection (9) applies,

”.

(2)

Section 48(2)(c) is amended by deleting “subsection (3) and

subsection (4)(c),” and inserting instead —

“ subsections (3) and (4)(c), ”.

(3)

Section 48(5) is repealed and the following subsection is

inserted instead —

“

(5)	Subject to subsection (6), a person who is on any day visiting a club (the “host club”) as a member or an official of another club —

Liquor and Gaming Legislation Amendment Act 2006

Part 2

Amendments to the Liquor Licensing Act 1988

s. 39

(a)	that is to engage in a pre-arranged event with the host club conducted for the purposes of one of the host club’s principal objects; or
(b)	that is to hold a pre-arranged function at the host club involving the use of the host club’s sporting facilities,

may, for the purposes of this Act, be taken to be a

person who is accorded temporary membership of the

host club on that day in accordance with rules approved

by the Director.

”.

(4)	Section 48(8) is repealed.

39. Section 49 amended

(1)	Section 49(3) is amended as follows:

(a)	in paragraph (c)(iii), by deleting “classes of persons entitled to such membership are not unduly large, having regard to the nature of the club;” and inserting instead —

“

number of persons who may be

admitted to such membership does not

exceed any limit that the licensing

authority, having regard to the nature of

the club, may impose;

”;

(b)	after paragraph (c)(iii), by inserting —

“

and

(iv)

without limiting subparagraph (iii), that club by reason of reciprocal

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 40

arrangements with another club is made

in accordance with the regulations;

”;

(c)	in paragraph (d), by deleting “or quarterly” and inserting instead —

“ , quarterly or monthly ”;

(d)	after each of paragraphs (a), (b) and (c) and after each of paragraphs (c)(i) and (e)(i), by inserting —

“ and ”.

40. Section 50 amended

(1)	Section 50(1a) is amended as follows:

(a)	on the licensed premises by a person while sitting at a table, or at a fixed structure used as a table;

in paragraph (a) by deleting “at a dining table;” and “

”;

(b)	by deleting paragraph (b) and inserting instead —

“

(b)	the sale and consumption of the liquor are in accordance with any conditions —

(i) imposed on the permit by the licensing authority; or

(ii) prescribed for the purposes of this paragraph.

”.

(2)	Section 50(3) is amended as follows:

(a)	in paragraph (b) before “liquor”, by inserting —

“ subject to subsection (1a), ”;

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 41

(b)

at the end of paragraph (b), by deleting the full stop and “

; and

(c)	the licensed premises must contain kitchen facilities that are suitable for the preparation of the meals to be supplied by the licensee.

”.

41. Section 55 amended

(1)

Section 55(1)(a)(iii) is amended by deleting “in an aggregate

quantity per person of not less than 9 litres”.

(2)

After section 55(1) the following subsection is inserted —

“

(1a)	The licensee of a producer’s licence is authorised to supply liquor, by way of a free sample, at the licensed premises of another licensee (the “other licensee”) for consumption on the other licensee’s licensed premises by —

(a)	the other licensee; or
(b)	a manager of the other licensee’s licensed premises; or
(c)	an employee or agent of the other licensee.

”.

42. Section 58 amended

(1)	After section 58(2) the following subsection is inserted —

“

(2a)	The licensee of a wholesaler’s licence is authorised to supply liquor, by way of a free sample, at the licensed premises of another licensee (the “other licensee”) for consumption on the other licensee’s licensed premises by —

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 43

(a)	the other licensee; or
(b)	a manager of the other licensee’s licensed premises; or
(c)	an employee or agent of the other licensee.

”.

(2)	Section 58(3)(b) is amended after “consist,” by inserting —
“ primarily and predominantly and ”.

43. Section 60 amended

(1)	Section 60(1) is amended after “as are specified” by inserting —
“ at the discretion of the Director ”.
(2)	After section 60(3) the following subsection is inserted —

“

(3a)	In addition to the conditions imposed by subsection (3), an extended trading permit issued for the purposes of subsection (4)(ca) or (g) is, unless the Director otherwise determines, subject to any condition prescribed for the purposes of this subsection.

”.

(3)	Section 60(4) is amended as follows:

(a)	by deleting “include — ” and inserting instead —

“ are — ”;

(b)	by deleting paragraph (cb) and inserting instead —

“

(cb)	authorising the licensee of a club licence to sell liquor, despite section 48(2), to persons other than members, or guests of members, of the club —

(i) on a specified special occasion or specified special occasions; or

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 43

(ii) on a day on which a specified function is, or on days on which specified functions are, held on, or on a specified part of, the licensed premises;

”;

(c)	in paragraph (e) after “such hours”, by inserting —

“ or in such circumstances ”;

(d)	in paragraph (e)(i), by deleting “2 persons” and inserting instead —

“ 5 persons ”;

(e)	or in relation to such occasion as may be specified,

in paragraph (g) after “may be specified,”, by “

”;

(f)	in paragraph (g) after “period”, by inserting —

“ , not exceeding 5 years, ”;

(g)

at the end of paragraph (h), by deleting the full stop and “

; or

(i) any other prescribed purpose.

”;

(h)	after each of paragraphs (a) to (ca) and (d) to (f) by inserting —

“ or ”.

(4)

Section 60(5) is repealed.

(5)

Section 60(7) is amended by deleting “Where” and inserting

instead —

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 44

“ Without limiting subsection (8a), where ”.

(6)	After section 60(8) the following subsection is inserted —

“

(8a)	The licensing authority may cancel an extended trading permit at any time if satisfied that the permit is no longer appropriate.

”.

44. Section 61A inserted

After section 61 the following section is inserted in Part 3

Division 4 —

“

61A.	Limitations relating to permits for extended hours
The regulations may limit the permitted hours that may be authorised by an extended trading permit issued for the purpose referred to in section 60(4)(g).

”.

45. Section 63 amended

Section 63 is amended as follows:

(a)	in paragraph (a), by deleting “section 97” and inserting instead —

“ Part 4 Division 1 ”;

(b)	by deleting paragraph (cb).

46. Section 64 amended

(1)	After section 64(1) the following subsections are inserted —

“

(1a)	The licensing authority may impose, vary or cancel a condition under subsection (1) —

(a)	of its own motion; or

Liquor and Gaming Legislation Amendment Act 2006

Part 2

Amendments to the Liquor Licensing Act 1988

s. 46

(b)	on the application of the licensee; or
(c)	at the written request of the parties to a liquor accord.

(1b)	In subsection (1a) —
“liquor accord” means a written agreement or other

arrangement —

(a)	that is entered into by 2 or more licensees in a local community, and persons who represent the licensing authority, departments of the Public Service, State agencies or local government, and other persons; and
(b)	that has the purposes of minimising the harm caused in the local community by the excessive consumption of liquor and promoting responsible practices in the sale, supply and service of liquor in the local community; and
(c)	that is approved by the Director.

”.

(2)	After section 64(2) the following subsections are inserted —

“

(2a)

If the licensing authority proposes to impose, vary or

cancel a condition under this section, the licensing

authority may, by notice in writing, require the licensee

to show cause to the licensing authority why the

condition should not be imposed, varied or cancelled.

(2b)

Subsection (2a) does not apply in relation to a

condition proposed to be imposed, varied or cancelled

in accordance with an application under

subsection (1a)(b).

”.

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 47

(3)	Section 64(3) is amended as follows:

(a)	after paragraph (e) by inserting —

“

(ea)

without limiting paragraph (e)(iii), limit the times when packaged liquor may be sold on and from the licensed premises to those times

when liquor may be purchased for consumption

on those premises; or

”;

(b)	after paragraph (f) by inserting —

“

(fa)	prohibit entry to the licensed premises after a specified time; or

”;

(c)	after each of paragraphs (a) to (e), (f), (g) to (gb) and (j) by inserting —

“ or ”.

(4)	Section 64(5) is repealed.
(5)	After section 64(7) the following subsection is inserted —

“

(8)	The imposition, variation or cancellation of a condition, or the imposition of a monetary penalty, under this section is not to be regarded as the taking of disciplinary action for the purposes of section 96.

”.

47. Section 65B inserted

After section 65A the following section is inserted in Part 3

Division 6 —

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 48
“

65B.	Prescribed conditions relating to the responsible promotion of liquor

(1)	The regulations may prescribe conditions that —

(a)	prohibit promotional activity in which liquor is offered free or at reduced prices; or
(b)	limit the circumstances in which promotional activity referred to in paragraph (a) may take place,

and may provide that any licence, or any licence of a

prescribed class, is subject to those conditions.

(2)	Regulations made for the purposes of subsection (1) do not limit the conditions that the licensing authority may impose under section 64(3)(ga) in relation to a
particular licensee or particular licensed premises.

”.

48. Section 67 amended

Section 67(1), (2), (3) and (4) are repealed and the following

subsection is inserted instead —

“

(1)	An application in respect of any matter must, if the Director so requires, be advertised in the manner specified by the Director.

”.

49. Section 68 amended

After section 68(2) the following subsection is inserted —

“

(2a)	An application for the grant of a licence may be made only by, or on behalf of, the person or persons wishing to carry on business under the licence after it is
granted.

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988

Part 2

”.

50. Section 69 amended

(1)	Section 69(2)(b) is amended by deleting “the requirements of this Act and the licensing authority.” and inserting instead —
“ any requirement under section 67(1). ”.
(2)	Section 69(3) is amended by deleting “section 67(4)(a)” and inserting instead —
“ section 67(1) ”.
(3)	Section 69(4)(b) is amended by deleting “Category A” and inserting instead —

“

hotel licence, nightclub licence, casino liquor licence, special facility licence or liquor store

”.

(4)	Section 69(6)(c) is amended as follows:

(a)	after subparagraph (i) by inserting —

“ and ”;

(b)	in subparagraph (ii) after “result” by inserting —

“

, or as to any other matter relevant to the

public interest

”.

(5)	Section 69(8a) is repealed and the following subsections are inserted instead —

“

(8a)	The Executive Director —

(a)	is required, on the licensing authority requesting a report of that kind in relation to an application, to cause a report to be provided to

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 51

the licensing authority as to any matter arising from the application that relates to the relevant matters; and

(b)	licensing authority for the purpose of

may intervene in proceedings before the in relation to the relevant matters.

(8b)	In subsection (8a) —
“Executive Director” means the Executive Director,

Public Health as defined in the Health Act 1911

section 3(1) and, for the purposes of

subsection (8a)(b), includes a person authorised in

writing by the Executive Director;

“relevant matters” means the harm or ill-health

caused to people, or any group of people, due to

the use of liquor, and the minimisation of that

harm or ill-health.

”.

(6)	Section 69(11) is amended by deleting “In proceedings before the Court, the Director may intervene” and inserting instead — “

The Director may intervene in any proceedings before

the Commission, including proceedings relating to a

decision or determination made by the Director,

”.

51. Section 71 repealed

Section 71 is repealed.

52. Section 72 amended

(1)	Section 72(1) is repealed and the following subsection is inserted instead —

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 53

“

(1)	Subject to subsection (2), the licensing authority must not grant an application for approval of a proposed alteration to, or redefinition of, licensed premises unless the applicant satisfies the licensing authority that —

(a)	the owner; and
(b)	where the licensed premises are occupied under a lease, the lessor,

have consented to the application.

”.

(2)	Section 72(6) is repealed.

53. Section 73 amended

(1)	Section 73(2) is repealed and the following subsection is inserted instead —

“

(2)	Where an application is required to be advertised, a right to object to the application is conferred on any person on any ground permitted by section 74.

”.

(2)	Section 73(3) is repealed.
(3)	Section 73(4a) is amended after “approves” by inserting —
“ or section 30(4) applies ”.

54. Section 74 amended

(1)	Section 74(1) is amended as follows:

(a)	in paragraph (a), by deleting “be contrary to” and inserting instead —

“ not be in ”;

(b)	by deleting paragraph (d);

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 55

(c)	by deleting paragraph (h) and “or” after it;
(d)	after paragraphs (a), (b) and (g) by inserting —

“ or ”.

(2)

Section 74(3) is amended by deleting “be contrary to” and

inserting instead —

“ not be in ”.

55. Section 75 amended

(1)	Section 75(1) is amended as follows:

(a)	by deleting “, unless the Director otherwise approves,”;
(b)	by deleting “effect.” and inserting instead —

“

effect unless —

(a)	the Director otherwise approves; or
(b)	in relation to an application for the grant of an occasional licence of a kind prescribed, some other requirement for lodgement of the

application is prescribed.

”.

(2)	Section 75(2) is amended as follows:

(a)	by deleting paragraph (a);
(b)	after paragraph (b) by inserting —

(2)

The licensee, occupier or manager of licensed premises

may authorise a crowd controller to exercise the

powers referred to in subsection (1) in respect of those

premises by written notice given to the crowd

controller or the crowd control agent.

(3)

The licensee, occupier or manager may withdraw the authority referred to in subsection (2) at any time by written notice given to the crowd controller or the

crowd control agent.

126D.

Sale of undesirable liquor products

(1)

The Governor, on the recommendation of the Minister,

may make regulations under section 175 that declare

liquor in the form of a specified product, or a product

of a specified class, to be an undesirable liquor product.

(2)

Where a licensee, whether personally or by an

employee or agent, sells or supplies any product

declared to be an undesirable liquor product on or from

the licensed premises, the licensee, and the employee

or agent concerned, commits an offence.

Penalty: In the case of the licensee or manager

$10 000, in the case of an employee or agent

$4 000.

(3)	The Minister may recommend the making of regulations for the purposes of subsection (1) only if —

(a)	the Minister considers that —

(i) designs, motifs or characters on the packaging of the product concerned are of such a kind that the product is, or is likely to be, attractive to juveniles; or

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 93

(ii) the product is likely, for any reason, to be confused with soft drinks or confectionery; or

(iii) the product, for any other reason, has or is likely to have a special appeal to juveniles; or

(iv) it is otherwise in the public interest to do so;

and

(b)	the Minister has complied with subsection (4).

(4)

Before recommending the making of regulations for

the purposes of subsection (1), the Minister is to

consult with relevant liquor industry representatives

and the manufacturer of any product proposed to be

declared to be an undesirable liquor product (if the

manufacturer is known to the Minister).

(5)

A failure to comply with subsection (3) does not affect

the validity of the regulation concerned.

126E.

Modified operation of Act for special events

(1)	In this section —
“special event notice” means a notice under

subsection (2);

“specified” means specified in a special event notice.

(2)

The Minister may, by notice published in the Gazette,

declare that, for the purposes of this Act, a specified

event to be held in the State is a special event.

(3)

Subject to subsection (4), a special event notice may

declare that, for the purposes of the special event,

specified provisions of this Act have a specified

modified operation —

(a)	during a specified period; and

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 94

(b)	in relation to a specified area of the State or the whole of the State.

(4)

A special event notice may make a declaration under

subsection (3) only in relation to prescribed provisions

of this Act.

(5)

For the purposes of the special event, provisions of this

Act that are the subject of a declaration under

subsection (3) have effect in accordance with any

specified modified operation.

(6)

The Minister may, by notice published in the Gazette,

vary or revoke a special event notice.

”.

94. Section 127 amended

Section 127(1) is amended after “force” by inserting —

“ (including any period when its operation is suspended) ”.

95. Section 128 amended

(1)	Section 128 is amended as follows:

(a)	before “Regulations” by inserting the subsection designation “(1)”;
(b)	after “refund of ” by inserting —

“ licence fees or ”.

(2)	At the end of section 128 the following subsection is inserted —

“

(2)	Without limiting subsection (1) or section 127, regulations may prescribe licence fees by reference to —

(a)	classes of licence; or
(b)	the extension of the operation of a licence by a permit; or

Liquor and Gaming Legislation Amendment Act 2006

Part 2

Amendments to the Liquor Licensing Act 1988

s. 96

(c)	the purposes for which a permit is to be issued, or the period during which a permit is to have effect.

”.

96. Part 5 Division 3 heading amended

The heading to Part 5 Division 3 is amended by deleting

“Court” and inserting instead —

“ Commission ”.

97. Part 5A inserted

After section 152 the following Part is inserted —

“

Part 5A — Prohibition orders

152A.	Terms used in this Part
In this Part —
“employed” includes engaged under a contract for

services;

“prohibition order” means an order made under

section 152E;

“relevant person” means the person who, as the case

requires, is the subject of —

(a)	an application under section 152B; or
(b)	a prohibition order;

“serious and organised crime” has the same meaning

as it has in the Australian Crime Commission

(Western Australia) Act 2004.

152B.

Commissioner of Police may apply for prohibition

orders

The Commissioner of Police may apply in writing to

the Director in a form approved by the Director for an

order to be made in respect of a person that —

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 97

(a)	prohibits the relevant person from being employed by a licensee at specified licensed premises, licensed premises of a specified class or any licensed premises; or
(b)

prohibits the relevant person from entering of a specified class or any licensed premises.

152C.

Evidence in support of application

(1)	An application under section 152B is to —

(a)	set out the reasons why the Commissioner of Police considers a prohibition order should be made in respect of the relevant person; and
(b)	set out any other information and be accompanied by any document that the Commissioner of Police considers relevant to the application.

(2)	Without limiting subsection (1), the Commissioner of Police is authorised to include in or with the application —

(a)	details of any criminal convictions of the relevant person for offences under the law of the Commonwealth or a State or Territory; and
(b)	any information that the Commissioner of Police has regarding any involvement, or suspected involvement, of the relevant person

in serious and organised crime.

152D.

Relevant person to be given notice of application

(1)	The Director is to give the relevant person a written notice that —

Liquor and Gaming Legislation Amendment Act 2006

Part 2

Amendments to the Liquor Licensing Act 1988

s. 97

(a)	states that the application has been made and explains the proposed effect of the order applied for; and
(b)	describes the information and documents provided in support of the application; and
(c)	informs the relevant person that he or she will be given a reasonable opportunity to make submissions or to be heard in relation to the application.

(2)	Nothing in subsection (1) requires or authorises the Director to disclose confidential police information.

152E.

Director may make prohibition orders

(1)	The Director may dispose of the application —

(a)	by making a prohibition order; or
(b)	by dismissing the application; or
(c)	at the request of the Commissioner of Police — by discontinuing the application.

(2)	The Director may make a prohibition order that —

(a)	prohibits the relevant person from being employed by a licensee at specified licensed premises, licensed premises of a specified class or any licensed premises; or
(b)

prohibits the relevant person from entering of a specified class or any licensed premises.

(3)	The Director may make a prohibition order only if satisfied that it is in the public interest to do so after —

(a)	having given the relevant person a reasonable opportunity to make submissions or to be heard in relation to the application; and
(b)	having regard to —

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 97

(i) any information or document provided by the Commissioner of Police in or with the application; and

(ii)

any information or document provided paragraph (a).

(4)	A prohibition order has effect subject to such terms or conditions as the Director thinks fit and specifies in the order.

152F.

Term of prohibition orders

(1)

The Director is to specify in a prohibition order the

term for which the prohibition order remains in force.

(2)

The term cannot be more than 5 years or, for a

prohibition order in respect of a juvenile, more than

2 years, after it is made, but an application may be

made for a further prohibition order.

152G.

Applications to vary or revoke prohibition orders

(1)

The Commissioner of Police or the relevant person

may apply in writing to the Director in a form

approved by the Director for an order varying or

revoking a prohibition order.

(2)

If the application is made —

(a)	by the Commissioner of Police, the relevant person is the respondent; or
(b)	by the relevant person, the Commissioner of Police is the respondent.

152H.	Evidence in support of application
The application is to —

Liquor and Gaming Legislation Amendment Act 2006

Part 2

Amendments to the Liquor Licensing Act 1988

s. 97

(a)

set out the reasons why the applicant considers and

(b)	set out any other information and be accompanied by any document that the applicant considers relevant to the application.

152I.

Respondent to be given notice of application

(1)	The Director is to give the respondent a written notice that —

(a)	states that the application has been made and explains the proposed effect of the order applied for; and
(b)	describes the information and documents provided in support of the application; and
(c)	informs the respondent that he or she will be given a reasonable opportunity to make submissions or to be heard in relation to the application.

(2)	Nothing in subsection (1) requires or authorises the Director to disclose confidential police information.

152J.

Director may vary or revoke prohibition orders

(1)	The Director may dispose of the application —

(a)	by making an order that varies or revokes a prohibition order; or
(b)	by dismissing the application; or
(c)	at the request of the applicant — by discontinuing the application.

(2)	The Director may make an order varying or revoking a prohibition order only if satisfied that it is in the public interest to do so —

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 97

(a)	having given the respondent a reasonable opportunity to make submissions or to be heard in relation to the application; and
(b)	having regard to —

(i) any information or document provided by the applicant in or with the application; and

(ii) any information or document provided by the respondent under paragraph (a).

152K.

Notification of orders

(1)	If the Director makes a prohibition order, the Director is to give a copy of the order —

(a)	to the relevant person; and
(b)	if the order is made under section 152E(2)(a) and the Director is aware that the relevant person is employed by a licensee at licensed premises to which the order applies — to the licensee.

(2)	If the Director makes an order varying or revoking a prohibition order, the Director is to give a copy of the order to the applicant and the respondent.

152L.

Failure to comply with orders

(1)	A person given a copy of a prohibition order under section 152K(1)(a) who fails, without reasonable excuse, to comply with the order commits an offence.
Penalty: $10 000.
(2)	A person given a copy of a prohibition order under section 152K(1)(b) who continues, without reasonable excuse, to employ the relevant person, commits an offence.
Penalty: $10 000.

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 98

”.

98. Section 155 amended

After section 155(5) the following subsection is inserted —

“

(6)	Despite subsections (4) and (5) —

(a)

if a person is consuming liquor contrary to section 119 during a period, and in an area, specified in a special event notice under

section 126E, a member of the Police Force

may seize and, as soon as is practicable,

dispose of any opened or unopened container of

liquor that is in the possession of the person; or

(b)

if a person is otherwise consuming liquor contrary to section 119, a member of the Police Force may seize and, as soon as is practicable, dispose of any opened container of liquor that is in the possession of the person.

”.

99. Section 165 amended

After section 165(3) the following subsection is inserted —

“

(4)	In this section —
“employee”, of the licensee, includes —

(a)	a person engaged under a contract for services by the licensee; and
(b)	a person holding a crowd controller’s licence who is employed by a crowd control agent engaged under a contract for services by the licensee or occupier or a manager of the premises to which a licence or permit relates

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 100

to supply the services of crowd controllers at

those premises.

”.

100. Section 167 amended

Section 167(5a) is repealed.

101. Section 172 amended

Section 172(6)(a) is amended by deleting “judge,” and inserting

instead —

“ chairperson or any other member of the Commission, ”.

102. Section 175 amended

(1)	After section 175(1) the following subsections are inserted —

“

(1a)	The Governor, on the recommendation of the Minister, may make regulations for any or all of the following purposes —

(a)	declaring an area of the State specified in the regulations to be a restricted area;
(b)	restricting or prohibiting —

(i) the bringing of liquor into the restricted area; or

(ii) the possession of liquor in the restricted area; or

(iii) the consumption of liquor in the restricted area;

(c)	in relation to any offence in the regulations of failing to comply with restrictions or prohibitions referred to in paragraph (b) and without limiting any other power of a member of the Police Force under this Act — conferring powers on members of the Police Force in

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 103

relation to the seizure and disposal of opened or

unopened containers of liquor.

(1b)	The Minister may recommend the making of regulations under subsection (1a) only if, after consultation with —

(a)	the Commissioner of Police; and
(b)	each local government in the district of which any part of the proposed restricted area would be situated; and
(c)	any other person the Minister considers it appropriate to consult,

the Minister is satisfied that the regulations are in the

public interest.

(1c)

Regulations made under subsection (1a) must state the period during which the regulations are to have effect.

(1d)

Regulations made under subsection (1a) expire at the

end of the period referred to in subsection (1c).

”.

(2)	Section 175(2) is amended as follows:

(a)	in paragraph (a), by deleting “$2 000;” and inserting instead —

“ $5 000; ”;

(b)	in paragraph (b), by deleting “$500.” and inserting instead —

“ $2 000. ”.

103. Section 177A inserted

After section 177 the following section is inserted —

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 104

“

177A.

Transitional provisions relating to the Liquor and

Gaming Legislation Amendment Act 2006

Schedule 1A sets out transitional provisions relating to

amendments made to this Act by the Liquor and

Gaming Legislation Amendment Act 2006.

”.

104. Schedule 1A inserted

After Schedule 1 the following Schedule is inserted —

“

Schedule 1A — Transitional provisions relating to

the Liquor and Gaming Legislation Amendment

Act 2006

[s. 177A]

1. Terms used in this Schedule

In this Schedule, unless the context otherwise requires —

“commencement day” means the day on which the Liquor

and Gaming Legislation Amendment Act 2006

section 103 comes into operation;

“Court” means the Liquor Licensing Court preserved and

continued under section 8 of the former Act;

“former Act” means this Act as in force immediately

before the commencement day;

“new Act” means this Act as in force on the

commencement day.

2. Liquor Licensing Court

(1)	The Court is abolished —

(a)	on the commencement day; or
(b)	if subclause (2) applies — on the date specified in the notice under subclause (3).

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 104

(2)

The Court is to continue in operation on and after the

commencement day for the purposes of continuing to deal

with any application or matter referred to in clause 5(1) that

the Court has begun, but not completed, hearing or

determining.

(3)

When the Minister is satisfied that there is no further

application or matter to be dealt with by the Court under

clause 5(1), the Minister is to publish a notice in the Gazette

specifying the date on which the Court is to cease to

continue in operation under that subclause.

3. Liquor Licensing Court judge

The person holding office, immediately before the

commencement day, as the Liquor Licensing Court judge

referred to in section 9 of the former Act ceases to hold that

office on the abolition of the Court under clause 2.

4. Pending cases stated and appeals to Supreme Court

(1)

If a case stated on a question of law to the Supreme Court

under section 27 of the former Act has not been determined

immediately before the commencement day, the question of

law is to be determined under that section on or after that

day by the Court of Appeal.

(2)

If an appeal made to the Supreme Court under section 28 of the former Act has not been determined immediately before the commencement day, the appeal is to be determined

under that section on or after that day by the Court of

Appeal.

5. Pending applications and matters

(1)

Subject to subclause (2), if the licensing authority has

begun, but not completed, hearing or determining an

application or matter immediately before the

commencement day, the application or matter is to continue

to be dealt with on or after that day in accordance with the

relevant provisions of the former Act.

(2)

If the licensing authority has begun, but not completed,

hearing or determining an application for a cabaret licence

immediately before the commencement day, the application

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 104
is to continue to be dealt with on or after that day as an application for a nightclub licence under the new Act.

(3)

If —

(a)	an application or matter was before the licensing authority under the former Act; but
(b)	the licensing authority has not begun to hear or determine the application or matter immediately before the commencement day,

the application or matter is to be dealt with on or after that day in accordance with the relevant provisions of the new Act.

(4)

If —

(a)	the Court determined under the former Act that an application or matter is to be referred to or further considered by the Court; and
(b)	the application or matter has not been referred to or further considered by the Court immediately before the commencement day,

then, on or after that day, the application or matter may be

referred to or further considered by either the Director or the

Commission under the new Act.

6. Licences granted and permits issued by Liquor Licensing Court

A licence granted or a permit issued by the Court that has

effect immediately before the commencement day continues

to have effect, on and after that day, as if it had been granted

or issued by the Commission.

7. Cabaret licences

(1)	A cabaret licence granted under section 42 of the former Act that has effect immediately before the commencement day continues to have effect, on and after that day, as a nightclub licence granted under that section of the new Act.

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 104

(2)	A reference in a written law or other document or instrument to a cabaret licence may, where the context so requires, be read as if it had been amended to be a reference to a nightclub licence.

8. Courses of training and assessments

For the purposes of the application of paragraph (c) of

section 35B(3) of the new Act to a person who was

employed as a manager immediately before the

commencement day, the period referred to in that paragraph

is to be taken to be the period of 12 months after that day.

9. References to the Liquor Licensing Court and Liquor Licensing Court judge

(1)

A reference in a written law or other document or

instrument to the Court may, where the context so requires,

be read as if it had been amended to be a reference to the

Commission.

(2)

A reference in a written law or other document or

instrument to the Liquor Licensing Court judge, or a Liquor

Licensing Court judge, may, where the context so requires,

be read as if it had been amended to be a reference to the

Commission.

10. Transitional regulations

(1)

If this Schedule does not provide sufficiently for a matter or

issue of a transitional nature that arises as a result of the

amendments made to this Act by the Liquor and Gaming

Legislation Amendment Act 2006, the Governor may make

regulations under this clause (“transitional regulations”)

prescribing all matters that are required, necessary or

convenient to be prescribed for providing for the matter or

issue.

(2)

If the transitional regulations provide that a state of affairs

specified or described in the regulations is taken to have

existed, or not to have existed, on and from a day that is

earlier than the day on which the regulations are published

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988

Part 2

s. 105

in the Gazette but not earlier than the commencement day,

the regulations have effect according to their terms.

(3)	If the transitional regulations contain a provision referred to in subclause (2), the provision does not operate so as —

(a)	to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the day of publication of those regulations; or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.

”.

105. Schedule 2 amended

Schedule 2 Division 2 clause 2(1) is amended by deleting “at

Bull Creek Drive (formerly Benningfield Road) Bull Creek, at

the corner of Marmion Avenue and Baltimore Parade, Merriwa

and at 133 Mandurah Terrace, Mandurah — ” and inserting

instead —

“ in the State — ”.

106. Amendments relating to the Liquor Commission

The provisions listed in the Table to this section are amended by

deleting “Court” in each place where it occurs (except where it

occurs in the term “Supreme Court”) and inserting instead —

“ Commission ”.

Table

s. 3(1) (definition of	s. 25(1)
“licensing authority”)
s. 7(2)	s. 25(2)
s. 14(1)(b)	s. 25(4)
s. 16(2)	s. 27(1)

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 107

s. 16(4)(a)	s. 28(3a)
s. 16(5)	s. 29
s. 16(6)	s. 32(3)(b)
s. 16(10)	s. 75(2)(d)
s. 18(2)(a)	s. 95(1)
s. 20(3)	s. 95(3)
s. 20(4)	s. 95(5a)
s. 21(1)	s. 95(7)
s. 21(4)	s. 95(10)
s. 21(5)	s. 96(1)
s. 22(a)	s. 96(3)
s. 23(1)	s. 96(4)
s. 24	s. 117(6)
s. 143(1)	s. 164(1a)
s. 147(1)	s. 172(1)
s. 153(1)(c)	s. 175(1)(c)

107. Amendments relating to nightclub licences

The provisions listed in the Table to this section are amended by

deleting “cabaret” and inserting instead —

“ nightclub ”.

Table

s. 42(1)	s. 44(2)(a)
s. 42(3)	s. 60(4)(b)
s. 43	s. 60(4)(f)

108. Amendments relating to guest accommodation

The provisions listed in the Table to this section are amended by deleting “residential” in each place where it occurs and inserting instead —

“ guest ”.

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 109

Table

s. 41(6)	s. 60(4)(c)
s. 50(2)	s. 105(3)

109. Amendments relating to the use of reasonable force

The provisions listed in the Table to this section are amended

after “may be” by inserting —

“ reasonably ”.

Table

s. 114(3)	s. 126(4)(b)
s. 115(7)	s. 155(3)
s. 121(7)(b)	s. 161(1)(b)
s. 126(3)(b)

110. Amendments relating to penalty amounts

Each provision specified in the first column of the Table to this

section is amended by deleting the corresponding amount, or

amounts, specified in the second column and inserting instead

the corresponding amount, or amounts, specified in the third

column.

Table

s. 37A	$5 000	$10 000
s. 51(2)	$1 000	$2 000
s. 51(4)	$1 000	$2 000
s. 77(1)	$5 000	$10 000
s. 100(2)	$5 000	$10 000
s. 100(4)	$5 000	$10 000
s. 100(5)	$5 000	$10 000
s. 100(6)	$5 000	$10 000
s. 100(8)	$5 000	$10 000
s. 101(3)	$5 000	$10 000

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 110

s. 102(1)	$5 000	$10 000
s. 104(1)	$5 000	$10 000
s. 106(1)	$5 000	$10 000
$2 000	$4 000
$1 000	$2 000
s. 106(3)	$5 000	$10 000
$2 000	$4 000
$1 000	$2 000
s. 109(3)	$5 000	$10 000
s. 110(1)	$5 000	$10 000
$2 000	$4 000
$1 000	$2 000
s. 110(2)	$5 000	$10 000
$2 000	$4 000
s. 110(3)	$5 000	$10 000
$2 000	$4 000
$1 000	$2 000
s. 110(5)	$1 000	$2 000
s. 110(7)	$1 000	$10 000
s. 111(1)	$5 000	$10 000
$2 000	$4 000
s. 111(2)	$1 000	$2 000
s. 114(1)	$5 000	$10 000
$2 000	$4 000
s. 115(1)	$5 000	$10 000
$2 000	$4 000
s. 115(2)	$5 000	$10 000
$2 000	$4 000
$1 000	$2 000
s. 115(5)	$1 000	$2 000
s. 115(7)	$1 000	$2 000
s. 116	$1 000	$2 000
s. 117(7)	$5 000	$10 000
s. 118(3)	$500	$2 000
s. 119(1)	$500	$2 000

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 111

s. 119(2)	$500	$2 000
s. 119(5)	$1 000	$2 000
s. 119(7)	$500	$2 000
s. 119(11)	$500	$2 000
s. 121(1)	$5 000	$10 000
$2 000	$4 000
$1 000	$2 000
s. 121(2)	$5 000	$10 000
$2 000	$4 000
s. 121(7)	$1 000	$2 000
s. 121(9)	$500	$2 000
s. 121(10)	$5 000	$10 000
s. 122(3)	$1 000	$2 000
$2 000	$4 000
s. 123	$1 000	$2 000
s. 124	$1 000	$2 000
s. 126(2)	$1 000	$2 000
s. 126(4)	$1 000	$2 000
s. 145(4)	$5 000	$10 000
s. 146(1)	$5 000	$10 000
s. 150(2)	$5 000	$10 000
s. 152(2)	$2 000	$5 000
s. 154(3)	$5 000	$10 000
s. 158(1)	$5 000	$10 000
s. 159(1)	$5 000	$10 000
s. 159(3)	$5 000	$10 000
s. 160(4)	$1 000	$5 000
s. 161(7)	$5 000	$10 000
s. 166(2)	$1 000	$2 000

111. Amendments relating to approved forms

(1)	Section 14(3) is amended by deleting “prescribed form.” and inserting instead —

Liquor and Gaming Legislation Amendment Act 2006

Part 2	Amendments to the Liquor Licensing Act 1988
s. 111

“ form approved by the Director. ”.

(2)	Section 68(1)(a) is amended by deleting “, if a form and manner of giving notice of an application of that kind is prescribed, be so made by notice;” and inserting instead —

“

be made in the form and manner approved by

the licensing authority;

”.

(3)	Section 73(4) is amended by deleting “in the prescribed form with the Director,” and inserting instead — “

with the Director in the form approved by the Director,

”.

(4)	Section 73(5)(a)(ii) is amended by deleting “prescribed” and inserting instead —
“ the approved ”.
(5)	Section 75(1) is amended by deleting “prescribed manner and form” and inserting instead —
“ manner and form approved by the Director ”.
(6)	Section 76(1) is amended by deleting “an application in the prescribed manner and form with” and inserting instead — “

with the Director an application in the manner and

form approved by

”.

(7)

Section 84(4)(b) is amended by deleting “the prescribed form or

such other” and inserting instead —

“ such ”.

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Liquor Licensing Act 1988	Part 2
s. 111

(8)

Section 96(6)(a) is amended by deleting “prescribed form or

in a”.

(9)

Section 121(6) is amended by deleting “prescribed form” and

inserting instead —

“ form approved by the Director ”.

Liquor and Gaming Legislation Amendment Act 2006

Part 3

Amendments to the Gaming and Wagering Commission Act

1987

112

Part 3 — Amendments to the Gaming and Wagering

Commission Act 1987

112. The Act amended

The amendments in this Part are to the Gaming and Wagering

Commission Act 1987*.

[* Reprint 4 as at 18 August 2006.]

113. Part II Division 7 inserted

After section 20 the following Division is inserted in Part II —

“

Division 7 — Confidential police information

20A.	Confidential police information

(1)	In this section —
“confidential police information” means any

information or document classified as confidential

under subsection (2);

“relevant Act” means this Act, the Betting Control

Act 1954¸ the RWWA Act or the Casino Control

Act 1984.

(2)	For the purposes of this section, the Commissioner of Police may classify as confidential any information or document that is —

(a)	provided by the Commissioner of Police to the Commission as a report, or part of a report, under section 18(4); or
(b)	otherwise provided by the Commissioner of Police to the Commission for the purposes of a relevant Act.

Liquor and Gaming Legislation Amendment Act 2006

Amendments to the Gaming and Wagering Commission Act

Part 3

1987

s. 113

(3)

Despite any provision of a relevant Act, any

information or document provided by the

Commissioner of Police to the Commission for the

purposes of a relevant Act must not be published or

disclosed by the Commission to any person (except to

the Minister, the Parliamentary Commissioner for

Administrative Investigations appointed under

section 5 of the Parliamentary Commissioner Act

1971, the Corruption and Crime Commission

established under the Corruption and Crime

Commission Act 2003, the Parliamentary Inspector of

the Corruption and Crime Commission appointed

under the Corruption and Crime Commission Act 2003,

a court or a person to whom the Commissioner of

Police authorises its disclosure) if the information or

document is classified as confidential police

information.

(4) If —

(a)	the Commission —

(i) refuses to grant or issue or renew; or

amends, suspends, cancels or revokes,

any permit, approval, certificate, licence or

authorisation under a relevant Act; and

(ii)

(b)	the decision to do so is made solely or partly on the basis of confidential police information provided to the Commission,

the Commission is not required to give any reasons for the decision other than that the decision is made in the public interest.

Liquor and Gaming Legislation Amendment Act 2006

Part 3

Amendments to the Gaming and Wagering Commission Act

1987

s. 113

(5)	In any proceedings (other than proceedings for an offence) before a court under a relevant Act, the court —

(a)	must, on the application of the Commissioner of Police, take all reasonable steps to maintain the confidentiality of confidential police

information, including steps —

(i) to receive evidence and hear argument about confidential police information in private and in the absence of any party to the proceedings other than the Commission or the Commissioner of Police or their representatives; and

(ii) to prohibit the publication of evidence about confidential police information;

and

(b)	may take evidence consisting of or relating to confidential police information by way of an affidavit of a member of the Police Force of or

above the rank of Superintendent.

(6)	The Commissioner of Police must not delegate the function of classifying information or documents as confidential police information except to a Deputy Commissioner of Police or an Assistant Commissioner of Police.

”.

Liquor and Gaming Legislation Amendment Act 2006

Amendments to other Acts	Part 4
s. 114

Part 4 — Amendments to other Acts

114. Amendments relating to the amended title of the Liquor Licensing Act 1988

The Acts listed in the first column of the Table to this section

are amended in the corresponding provisions listed in the

second column by deleting “Liquor Licensing Act 1988” and

inserting instead —

“ Liquor Control Act 1988 ”.

Table

Betting Control Act 1954	s. 26C(1)(b)
s. 26C(4)
Cambridge Endowment Lands Act 1920	s. 45
Gaming and Wagering Commission Act 1987	s. 110(1)
s. 110(2)
Land Tax Assessment Act 2002	s. 39A(1) (“excluded
purpose”, para. (b))
Local Government (Miscellaneous Provisions)
Act 1960	s. 414
Security and Related Activities (Control)
Act 1996	s. 35(2)
The Criminal Code	s. 206(1)
(“intoxicant”)
Tobacco Products Control Act 2006	s. 113(1)(g) and (h) Glossary (“licensed premises”,
“responsible person”,
para. (a))

115. Amendments relating to the title of the repealed Liquor Act 1970

The Acts listed in the first column of the Table to this section

are amended in the corresponding provisions listed in the

Liquor and Gaming Legislation Amendment Act 2006

Part 4	Amendments to other Acts
s. 116

second column by deleting “Liquor Act 1970” and inserting

instead —

“ Liquor Control Act 1988 ”.

Table

Auction Sales Act 1973	s. 33(1) s. 33(2) s. 33(3)(a)
s. 33(4)
Government Railways Act 1904	s. 2 (“liquor”)
Property Law Act 1969	s. 81(8)(c)
Reserve (Concert Hall) Act 1972	s. 3(1)(b)
s. 3(2)
Retail Trading Hours Act 1987	s. 4(4)

116. Constitution Acts Amendment Act 1899 amended

(1)

The amendments in this section are to the Constitution Acts

Amendment Act 1899*.

[* Reprint 14 as at 21 April 2006.

For subsequent amendments see Act Nos. 5 and 28 of 2006.]

(2)

Schedule V Part 1 Division 1 is amended by deleting the item relating to the Liquor Licensing Court Judge appointed under the Liquor Act 1970.

(3)

Schedule V Part 3 is amended after the item relating to the

Legislative Review and Advisory Committee by inserting —

“

The Liquor Commission established under the Liquor

Control Act 1988.

”.

Liquor and Gaming Legislation Amendment Act 2006

Amendments to other Acts	Part 4
s. 117

117. Equal Opportunity Act 1984 amended

(1)

The amendments in this section are to the Equal Opportunity

Act 1984*.

[* Reprint 4 as at 1 April 2005.

For subsequent amendments see Act Nos. 18 of 2005 and 28

and 29 of 2006.]

(2)	Section 66ZN(2) is amended as follows:

(a)	by deleting the semicolon at the end of paragraph (g) and inserting a comma instead;
(b)	by deleting paragraph (h).