Liquor and Registered Clubs Legislation Amendment Act 1996 (NSW)
New South Wales Liquor and Registered Clubs
Legislation Amendment Act 1996
No 41
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Liquor Act 1982 No 147 2 4 Amendment of Registered Clubs Act 1976 No 31 2 5 Amendment of Liquor Regulation 1983 2 Schedules
1 Amendment of Liquor Act 1982 3 2 Amendment of Registered Clubs Act 1976 15
New South Wales
Liquor and Registered Clubs
Legislation Amendment Act 1996No 41
Act No 41, 1996
An Act to amend the Liquor Act 1982 and the Registered Clubs Act 1976 to provide for harm minimisation and responsible service practices, to make further provision with respect to the duties of licensees, to increase penalties and to make miscellaneous amendments; and for other purposes. [Assented to 27 June 1996]
Section 1 Liquor and Registered Clubs Legislation Amendment Act 1996 No 41 The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Liquor and Registered Clubs Legislation
Amendment Act 1996.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Liquor Act 1982 No 147
The Liquor Act 1982 is amended as set out in Schedule 1.
4 Amendment of Registered Clubs Act 1976 No 31
The Registered Clubs Act 1976 is amended as set out in
Schedule 2.
5 Amendment of Liquor Regulation 1983
The Liquor Regulation 1983 is amended by inserting the words “ , a motel licence” after the words “a hotelier’s licence” in clause 27 (Completion of course of instruction).
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Amendment of Liquor Act 1982 Schedule 1 Schedule 1 Amendment of Liquor Act 1982
(Section 3)
[ 1 ] Section 2A
Insert after section 2:
2A Harm minimisation is a primary object of the Act
A primary object of this Act is harm minimisation, that is, the minimisation of harm associated with misuse and abuse of liquor (such as harm arising from violence and other anti-social behaviour). The court, the Board, the Director, the Commissioner of Police and all other persons having functions under this Act are required to have due regard to the need for harm minimisation when exercising functions under this Act. In particular, due regard is to be had to the need for harm minimisation when considering for the purposes of this Act what is or is not in the public interest.
[ 2 ] Section 4 Definitions
Omit “made from sugar or saccharine matter’’ from the definition of
beer in section 4 (1).
Insert instead “made from hops or that for the purposes of sale is held out to be beer”.
[3] Section 4 (1)
Omit the definition of local council. Insert instead:
local consent authority, in relation to licensed premises
or proposed licensed premises, means:
(a) (unless paragraph (b) applies) the council in whose area (within the meaning of the Local Government Act 1993) the premises are, or will
be, situated, or
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Schedule 1 Amendment of Liquor Act 1982
(b)
if consent to the carrying out of development on the land concerned is required from a person or body other than the council (such as the Darling Harbour Authority, for example)-that person or body.
Section 4 (1)
Insert “ , a tram car (whether or not running on rails or self-propelled)” after “railway train” in the definition of premises.
Section 16 Costs
Insert after section 16 (1): (1A)
If the court orders an applicant under Part 3 to pay costs, the court may also order that a person who is directly interested in the application, or in the business (whether proposed or actual) to which the application relates, or in the profits of that business, is to be jointly and severally liable (with the applicant) for the payment of those costs.
Section 18 Court may grant licence
Omit section 18 (13) (c).
Section 20 Conditions of licences
Insert after section 20 (2) (a):
(a1) a condition that the licensee comply with any provision of the regulations under section 125C (Responsible service) with which the licensee is required to comply,
Section 20 (2A)
Insert after section 20 (2):
(2A)
Without limiting this section, a condition can be imposed under this section that prohibits or restricts activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption).
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Amendment of Liquor Act 1982 Schedule 1 [9] Sections 25, 27, 32, 35A, 44 (1) (e), 67 (1) (d)
Omit “local council” wherever occurring.
Insert instead “local consent authority”.[10] Section 25 Hotelier’s licence—variation of trading hours
Insert after section 25 (1):
(1A) An application may not be granted under this section for an extension of trading hours unless the court is satisfied that practices are in place and will remain in place at the licensed premises that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises.
[11] Section 27 Off-licence (retail)—variation of trading hours
Insert after section 27 (2):
(2A) An application may not be granted under this, section for an extension of trading hours unless the court is satisfied that practices are in place and will remain in place at the licensed premises that ensure as far as reasonably practicable that liquor is sold and supplied responsibly on the premises.
[12] Section 32 On-licence (restaurant)—variation of trading hours
Insert after section 32 (1):
(1 A) An application may not be granted under this section for an extension of trading hours unless the court is satisfied that practices are in place and will remain in place at the licensed premises that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises.
[13] Section 35 On-licence (vessel or aircraft)—trading hours
Omit “in the course of plying” from section 35 (a).
Insert instead “that is part of a regular passenger ferry service”.Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Schedule 1 Amendment of Liquor Act 1982 Section 35 (2) and (3)
Insert at the end of section 35:
(2)
Liquor must not be sold or supplied to a passenger on a vessel to which an on-licence relates while the vessel is moored (after it has left its berth) unless no persons other than passengers and crew are permitted to board the vessel while it is moored.
(3)
In this section, passenger on a vessel means a person who joins the vessel for the whole or part of its voyage.
Section 35A On-licence (vessel)—variation of trading hours
Insert after section 35A (1):
(1A)
The court may not grant an application under this section for an extension of trading hours unless the court is satisfied that practices are in place and will remain in place at the licensed premises that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises.
Section 37 Making of application
Omit “before an application for a licence is granted or refused” from
section 37 (5). Insert instead “before an application for a licence or transfer of a licence is disposed of”.
Section 37 (6)
Insert after section 37 (5):
(6)
For the purposes of subsection (5), an application is disposed of when the application is granted or refused. In the case of an application for transfer of a licence that is granted provisionally, the application is not disposed of until the provisional grant is confirmed by the court or it ceases to have effect.
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Amendment of Liquor Act 1982 Schedule 1 Section 38 Affidavit as to interested persons
Omit “an application for a licence made under section 42 or” from section 38 (1).
Section 38 (2) (c)
Insert at the end of section 38 (2) (b):
, or
(c) for transfer of a licence under section 42, Section 47A
Insert after section 47:
47A Refusal of application—responsible service standards
The court is to refuse an application for a licence unless satisfied that practices will be in place at the licensed premises as soon as the licence is granted that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and that those practices will remain in place.
Section 66 Interpretation Insert “and a reference to a manager includes a reference to a former manager” after “former licensee” in section 66 (2).
Section 67 (1A)
Omit “council” wherever occurring.
Insert instead “local consent authority”.Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Schedule 1 Amendment of Liquor Act 1982 [23] Section 68 Grounds for complaint
Insert after section 68 (1) (d):
(d1) that the licensee or manager has engaged in conduct or activities that are likely to encourage misuse or abuse of liquor (such as binge drinking or excessive consumption), (d2) that intoxicated persons have frequently been on the licensed premises or have frequently been seen to leave those premises,
(d3) that acts involving violence against persons or damage to property have frequently been committed on or near the licensed premises by persons who have been on the licensed premises,
[24] Section 78AA
Insert after section 78:
78AA Liability of persons interested in licensed business for
fees and penalties under this Part
When the Board is entitled to recover any amount payable under this Part from a licensee or former licensee, the Board may also recover the amount, as a debt due to the Crown, from any person who, at the time the licensee or former licensee became liable to pay the amount, was directly interested in the business, or the profits of the business, carried on under the licence.
[25] Section 78A Freight costs to brewers’ regional depots not to be included in price of beer
Omit “an off-licence for a brewer” from section 78A (2).
Insert instead “a licence for a brewer”.[26] Section 78A (2)
Omit “that off-licence”. Insert instead “that licence”.
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Amendment of Liquor Act 1982 Schedule 1 Section 78A (2A)
Insert after section 78A (2):
(2A) In subsection (2):
(a)
a reference to a licence for a brewer is a reference to an off-licence for a brewer under this Act or a corresponding licence of another jurisdiction (that is, a licence that corresponds to an off-licence for a brewer under a law in force in another State or in a Territory that corresponds to this Act), and
(b)
a reference to licensed premises of the brewer includes (in the case of a corresponding licence of another jurisdiction) licensed premises under that corresponding licence.
Section 90 Boundaries of licensed premises
Omit “the prescribed fee has been paid” from section 90 (3). Insert instead “the appropriate fee has been paid. The appropriate fee is such fee, not exceeding $4000, as is fixed by the Board for the redefinition.”
Section 97 Breath analysis equipment
Omit section 97 (2) (a). Insert instead:
(a)
the breath analysing instrument concerned did not comply with the relevant Australian Standard (as in force at the date of the manufacture of the instrument), or
Section 104 Quiet and good order of neighbourhood
Omit section 104 (1AA) (c) (as inserted by the Liquor Amendment
Act 1995). Insert instead:
(c)
a person authorised by the local consent authority in relation to the licensed premises, or
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Schedule 1 Amendment of Liquor Act 1982 Section 104 (4) (d)
Insert at the end of section 104 (4) (c):
, or
(d)
prohibition of or restriction on activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption).
Section 114 Sale or supply of liquor to a minor
Omit “20 penalty units” from section 114 (l), (3) and (4) wherever exist in relation to the offence, 100 penalty units or 12 months imprisonment (or both)”.
occurring.
Section 114 (4A)
Insert after section 114 (4):
(4A) For the purposes of this section, circumstances of aggravation exist in relation to an offence under this section if (and only if) both of the following apply:
the information by which the proceedings for the offence are instituted alleges that the offence is (for the reasons specified in the information) so serious as to warrant the imposition of a penalty in
excess of 50 penalty units, nature of the liquor involved or the young age of of the opinion (having regard to the quantity or the court that convicts the person for the offence is the person involved, or other relevant considerations) that the offence is so serious as to warrant the imposition of a penalty in excess of 50 penalty units.
Section 115 Consumption etc of liquor by minor
Omit “10 penalty units” from section 115 (3).
Insert instead “20 penalty units”.Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Amendment of Liquor Act 1982 Schedule 1 Section 116 Sale or supply of liquor by a minor
Omit “10 penalty units”. Insert instead “50 penalty units”.
Section 116B Offences by licensees in relation to minors
Omit “20 penalty units” wherever occurring.
Insert instead “50 penalty units”.
Section 116D Offence by adult accompanying minor
Omit “10 penalty units”. Insert instead “20 penalty units”.
Section 117B Entry on licensed premises by minor
Omit “10 penalty units”. Insert instead “20 penalty units”.
Section 117C Licensee liable for use of approved amusement device by minor
Omit “20 penalty units” from section 117C (1).
Insert instead “50 penalty units”.
Section 125 Conduct on licensed premises
Omit “20 penalty units” from section 125 (1). paragraph (a) or 50 penalty units in the case of an offence under paragraph (b)”.
Section 125 (3) Omit “20 penalty units”. Insert instead “50 penalty units”. Section 125C Insert after section 125B:
125C Responsible service
( 1 )
The regulations may make provision for or with respect to requiring or encouraging the adoption of responsible practices in the sale, supply, service and promotion of liquor.
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Schedule 1 Amendment of Liquor Act 1982
(2) In particular, the regulations may make provision for or
with respect to the following:
(a) restricting or prohibiting the conduct of promotions or other activities (including discounting or supply of liquor free of charge) that could result in misuse or abuse of liquor, such as binge drinking or excessive consumption, (b) the standards to be observed on licensed premises in the sale and service of liquor, for the purpose of preventing misuse or abuse of liquor, (c) requiring licensees, managers and other persons engaged in the sale, supply, service and promotion of liquor and other activities on the licensed premises to undergo courses of training that will promote responsible practices in those activities. (3) Without limiting subsection (2) (b), the regulations may adopt with or without modification the standards contained in an industry code of practice as standards to be observed on licensed premises in the sale, supply, service and promotion of liquor. (4) The regulations under this section can create offences punishable by a penalty not exceeding 50 penalty units. [43] Section 139
Omit the section. Insert instead:
139 False or misleading statements
(1) A person must not, in an official document under this
Act, make a statement that the person knows:
(a) is false or misleading in a material respect, or (b) omits material matter.
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Amendment of Liquor Act 1982 Schedule 1
(2)
A document is an official document under this Act if it is an application, declaration, affidavit, instrument or other document that is delivered to or lodged with the Board, the court, the Director or the registrar, for the purposes of this Act.
Maximum penalty: 20 penalty units.
[44] Section 150 Courses of instruction
Insert “or approved by the Board” after “prescribed by the regulations”.
[45] Section 154 Liability of lessor for proportion of licence fee
Omit “so much of each licence fee payable by the licensee as is referred to in section 80 (2) (a) (i) or (ii), whichever is applicable” from section 154 (2).
Insert instead “the licence fee payable by the licensee referred to in section 80 (2) (a) (i)”.
[46] Section 182 Gaming-related licensees to display identification
Insert after section 182 (1):
(1A) If the holder of a dealer’s licence is a corporation, a reference in this section to the holder of the licence includes a reference to a person acting under the authority of the licence.
[47] Section 200 Approved amusement devices not used for gaming
Omit section 200 (2) (b). Insert instead:
(b)
it is used only for educational or cultural purposes or for the purpose of promoting the approved amusement device (but not for the purpose of promoting other goods or services), and
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Schedule 1 Amendment of Liquor Act 1982 [48] Schedule 1, Part 6
Insert after clause 32:
Part 6 Liquor and Registered Clubs Legislation
Amendment Act 199633 Liability of lessor for proportion of licence fee The amendment made to section 154 (Liability of lessor for proportion of licence fee) by the Liquor and
Registered Clubs Legislation Amendment Act 1996
extends to apply in respect of rent that became payable by the holder of a hotelier’s licence on or after 1 November 1994 (the date of commencement of Schedule 1 (11) (a) to the Liquor (Further Amendment)
Act 1994).
34 Brewery regional depot freight charges
The amendments made to section 78A (Freight costs to brewers’ regional depots not to be included in price of beer) by the Liquor and Registered Clubs Legislation
Amendment Act 1996 do not apply for the purposes of a
licensing period before the licensing period commencing
on 16 January 1997.
35 Effect of amendments on pending applications
An amendment made by the Liquor and Registered
Clubs Legislation Amendment Act 1996 does not apply to
an application pending under this Act at the
commencement of the amendment.
36 False statements
Section 139 continues to apply to an affidavit or statutory declaration made before the substitution of that section by the Liquor and Registered Clubs Legislation
Amendment Act 1996 as if the section had not been
substituted.
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Amendment of Registered Clubs Act 1976 Schedule 2 Schedule 2 Amendment of Registered Clubs Act
1976
(Section 4)
[ 1 ] Section 3
Insert after section 2:
3 Harm minimisation is a primary object of the Act
A primary object of this Act is harm minimisation, that is, the minimisation of harm associated with misuse and abuse of liquor (such as harm arising from violence and other anti-social behaviour). The Licensing Court, the Board, the Director, the Commissioner of Police and all other persons having functions under this Act are required to have due regard to the need for harm minimisation when exercising functions under this Act. In particular, due regard is to be had to the need for harm minimisation when considering for the purposes of this Act what is or is not in the public interest.
[2] Section 4 Definitions
Omit the definition of council in section 4 (1).
[3] Section 4 (1)
Omit the definition of local government area. Insert instead:
local consent authority, in relation to premises or
proposed premises of a registered club, means:
(a) (unless paragraph (b) applies) the council in whose area (within the meaning of the Local Government Act 1993) the premises are, or will
be, situated, or
(b)
if consent to the carrying out of development on the land concerned is required from a person or body other than the council (such as the Darling Harbour Authority, for example)—that person or body.
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Schedule 2 Amendment of Registered Clubs Act 1976 [4] Section 4AA Freight costs to brewers’ regional depots not to be included in price of beer
Omit “an off-licence for a brewer” from section 4AA (2).
Insert instead “a licence for a brewer”.[5] Section 4AA (2)
Omit “that off-licence”. Insert instead “that licence”.
[6] Section 4AA (2A)
Insert after section 4AA (2):
(2A) In subsection (2):
(a) a reference to a licence for a brewer is a reference to an off-licence for a brewer under the Liquor Act 1982 or a corresponding licence of another
jurisdiction (that is, a licence that corresponds to an off-licence for a brewer under a law in force in another State or in a Territory that corresponds to that Act), and
(b) a reference to licensed premises of the brewer includes (in the case of a corresponding licence of another jurisdiction) licensed premises under that corresponding licence.
[7] Section 9 Determination of application for certificate of registration
Insert after section 9 (2A):
(2B)
The Licensing Court must not grant an application made under section 7 unless satisfied that practices will be in place at the club as soon as the application is granted that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises of the club and that all reasonable steps are taken to prevent intoxication on the premises, and that those practices will remain in place.
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Amendment of Registered Clubs Act 1976 Schedule 2 [8] Section 9A Conditions relating to certificate of registration
Insert after section 9A (1):
(1A) It is a condition of the certificate of registration of a club that the club must comply with any provision of the regulations under section 44B (Responsible service) with which the club is required to comply. (1B) Without limiting this section, a condition can be imposed under this section that prohibits or restricts activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption). [9] Section 17 Determination of complaints against registered clubs
Insert after section 17 (1AA) (a) (xiv):
(xv) that the club has engaged in conduct or activities that are likely to encourage misuse or abuse of liquor (such as binge drinking or excessive consumption),
(xvi) that acts involving violence against persons or damage to property have frequently been committed on or near the premises of the club by persons who have been on the premises of the club,
[10] Section 17 (1 AA)
(c)”.
Omit “a council or person specified in section 26 (2) (a), (b) or section 26 (2) (b) or (c)”.
[11] Section 17 (1 AA) (a) (xiii)
Omit “have been”. Insert instead “have frequently been”.
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Schedule 2 Amendment of Registered Clubs Act 1976 [12] Section 17 (1AC)
Omit “The council of the local government area within which the
premises of any registered club are situated”.
Insert instead “The local consent authority in relation to the premises
of a club” [13] Section 17 (1AC)
Omit “of the council”.
Insert instead “of the local consent authority”.[14] Section 17AA Quiet and good order of neighbourhood
Omit section 17AA (1AA) (a) and (c) (as inserted by the Registered
Clubs Amendment Act 1995).
Insert instead:
(a) a person authorised in writing by 3 or more persons residing in the neighbourhood of the club premises or a person who is such a resident and is authorised in writing by 2 or more other such residents, or (c) a person authorised by the local consent authority in relation to the club premises, or
[15] Section 17AA (4) (d)
Insert at the end of section 17AA (4):
, or
(d) prohibition of or restriction on activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption).
[16] Section 23A Procedure for grant of functions authority
Omit “a person authorised by the council of the area under the Local
Government Act 1993 (including the City of Sydney) within the
section 23A (5).
boundaries of which the premises of the club are situated’’ from relation to the premises of the club”.
Liquor and Registered Clubs Legislation Amendment Act 1996 NO 41
Amendment of Registered Clubs Act 1976 Schedule 2 Section 23B Cancellation etc of functions authority
Omit “or a person authorised by the council of the area under the
Local Government Act 1993 (including the City of Sydney) within
the boundaries of which the premises of the club are situated,” from
section 23B (1).Insert instead “, or a person authorised by the local consent authority
in relation to the premises of the club,”.
Section 26 Objectors
Omit “or by the council of the local government area within which the premises or proposed premises of the club are, or are to be, situated” from section 26 (2).
Insert instead “or by the local consent authority in relation to the premises or proposed premises of the club”.
Section 26 (2) (b)
Omit “a local government area (other than a local government area”. Insert instead “an area, within the meaning of the Local Government
Act 1993 (other than an area”.
Section 39 Disclosure of interests of governing body of registered club
Omit “section 231 (1) of the Corporations Law”.
Insert instead “subsection (2)”. Section 39 Insert at the end of the section:
(2)
A director of a company that is a registered club who is in any way, whether directly or indirectly, interested in a contract or proposed contract with the company must, as soon as practicable after the relevant facts have come to the director’s knowledge, declare the nature of the interest at a meeting of the directors. Section 231 (2), (3) and (5) of the Corporations Law apply to and in respect of this subsection in the same way as they apply to and in respect of section 231 (1) of that Law.
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Schedule 2 Amendment of Registered Clubs Act 1976 [22] Section 44A Conduct on club premises
Omit “20 penalty units” from section 44A (1) and (2) wherever
occurring.
Insert instead “50 penalty units”.[23] Section 44B
Insert after section 44A:
44B Responsible service
(1)
The regulations may make provision for or with respect to requiring or encouraging the adoption of responsible practices in the sale, supply, service and promotion of liquor.
(2) In particular, the regulations may make provision for or
with respect to the following:
(a)
restricting or prohibiting the conduct of promotions or other activities (including discounting or supply of liquor free of charge) that could result in misuse or abuse of liquor, such as binge drinking or excessive consumption,
(b)
the standards to be observed on the premises of clubs in the sale and service of liquor, for the purpose of preventing misuse or abuse of liquor,
(c)
requiring the secretary of a registered club and other persons engaged in the administration of the club or in the sale, supply, service and promotion of liquor and other activities on the premises of a club to undergo courses of training that will promote responsible practices in those activities.
(3)
Without limiting subsection (2) (b), the regulations may adopt with or without modification the standards contained in an industry code of practice as standards to be observed on the premises of a club in the sale, supply, service and promotion of liquor.
(4)
The regulations under this section can create offences punishable by a penalty not exceeding 50 penalty units.
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Amendment of Registered Clubs Act 1976 Schedule 2 Section 50 Restrictions on sales etc of liquor by registered clubs
exist in relation to the offence, 100 penalty units or 12 months imprisonment (or both)”.
Omit “20 penalty units” from section 50 (1).
Section 50 (1A)
Insert after section 50 (1):
(1A) For the purposes of this section, circumstances of aggravation exist in relation to an offence under this section if (and only if) both of the following apply:
(a)
the information by which the proceedings for the offence are instituted alleges that the offence is (for the reasons specified in the information) so serious as to warrant the imposition of a penalty in excess of 50 penalty units,
(b)
the court that convicts the person for the offence is of the opinion (having regard to the quantity or nature of the liquor involved or the young age of the person involved, or other relevant considerations) that the offence is so serious as to warrant the imposition of a penalty in excess of 50 penalty units.
Section 50 (2) and (2A) Omit “10 penalty units” wherever occurring.
Insert instead “20 penalty units”.
Section 50A Minors not permitted in poker machine areas
Omit “20 penalty units” from section 50A (1).
Insert instead “50 penalty units”.Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Schedule 2 Amendment of Registered Clubs Act 1976 [28] Section 50A (2)
Omit “10 penalty units”. Insert instead “20 penalty units”.
[29] Section 52B Minor attempting to enter club premises or obtain liquor
Omit “20 penalty units” wherever occurring.
Insert instead “50 penalty units”.[30] Section 53 Sending person under 18 years for liquor
Omit “10 penalty units”. Insert instead “20 penalty units”.
[31] Section 55
Omit the section. Insert instead:
55 False or misleading statements
(1) A person must not, in an official document under this
Act, make a statement that the person knows:
(a) is false or misleading in a material respect, or (b) omits material matter. (2)
A document is an official document under this Act if it is an application, declaration, affidavit, instrument or other document that is delivered to or lodged with the Board, the Licensing Court, the Director or the registrar, for the purposes of this Act.
Maximum penalty: 20 penalty units.
[32] Section 68 Breath analysis equipment
Omit section 68 (2) (a). Insert instead:
(a)
the breath analysing instrument concerned did not comply with the relevant Australian Standard (as in force at the date of the manufacture of the instrument), or
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Amendment of Registered Clubs Act 1976 Schedule 2 Section 85 Duty on poker machines
Omit section 85 (8).
Section 97 Who may object
Omit “the council of the local government area within the boundaries of which are situated the premises” from section 97 (1)
(c).
Insert instead “the local consent authority in relation to the premises”.
Section 122B Gaming-related licensee to display identification
Insert after section 122B (1): (1A)
If the holder of a dealer’s licence is a corporation, a reference in this section to the holder of the licence includes a reference to a person acting under the authority of the licence.
Section 123 Poker machines not used for gaming
Omit section 123 (2) (b). Insert instead:
(b)
it is used only for educational or cultural purposes or for the purpose of promoting the poker machine (but not for the purpose of promoting other goods or services), and
Schedule 2, Part 9 Insert after clause 60:
Part 9 Liquor and Registered Clubs Legislation
Amendment Act 199661 Brewery regional depot freight charges The amendments made to section 4AA (Freight costs to brewers’ regional depots not included in price of beer) by the Liquor and Registered Clubs Legislation
Amendment Act 1996 do not apply for the purposes of a
registration period before the registration period
commencing on 16 January 1997.
Liquor and Registered Clubs Legislation Amendment Act 1996 No 41
Schedule 2 Amendment of Registered Clubs Act 1976 62 Effect of amendments on pending applications
An amendment made by the Liquor and Registered
Clubs Legislation Amendment Act 1996 does not apply to
an application pending under this Act at the
commencement of the amendment.
[Minister’s second reading speech made in— Legislative Assembly on 18 October 1995 Legislative Council on 20 June 1996]
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