Liquor Control Amendment Regulations (No. 3) 2011 (WA)
| 1994 | GOVERNMENT GAZETTE, WA | 3 June 2011 |
RACING, GAMING AND LIQUOR
RA301*
Liquor Control Act 1988
Liquor Control Amendment Regulations
(No. 3) 2011
Made by the Lieutenant-Governor and Administrator in Executive
Council.
Part 1 — Preliminary
1. Citation
These regulations are the Liquor Control Amendment
Regulations (No. 3) 2011.2. Commencement
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day on which the Liquor Control Amendment Act 2010 Part 2 comes into operation. 3. Regulations amended
These regulations amend the Liquor Control Regulations 1989.
Delete regulation 9E. Part 2 — Amendments relating to managers
4. Regulation 3A amended
In regulation 3A(1) insert in alphabetical order:
approved manager has the meaning given in
section 102A;
manager's approval has the meaning given in
section 102A;
5. Regulation 9E deleted
3 June 2011 GOVERNMENT GAZETTE, WA 1995 6. Regulations 14ADA to 14ADG inserted
After regulation I4AC insert:
14ADA. Application for manager's approval - s. 102B
(1) In this regulation -
approval application means an application for a
manager's approval under section 102B.
(2) An approval application must be -
(a) made in the form approved by the Director; and (b)
supported by such other documentation or information as the Director may in a particular case require.
(3) An approval application must be lodged at an Australia
Post office or agency unless it is an approval application to which subregulation (4) applies.
(4) An approval application by an approved restricted
manager seeking approval as an approved unrestricted
manager must be lodged -
(a) at an Australia Post office or agency; or (b)
by an electronic means acceptable to the Director.
14ADB. Conditions on manager's approval - s. 102C
(1) The Director may impose a condition on a managers
approval -
(a)
when the manager's approval is granted or renewed; or
(b) at any other time by giving notice in writing to
(2) The Director may vary or remove a condition on a the approved manager. manager's approval at any time by giving notice in
writing to the approved manager.
(3) The Director may impose, vary or remove a condition
on -
(a) the Director's own initiative; or (b) the application of the approved manager.
(4) Before the Director -
(a)
imposes a condition under subregulation (l)(b); or
(b) varies a condition,
on the Director's own initiative, the Director must give
the approved manager a reasonable opportunity to
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make submissions concerning the proposed condition
or variation.
(5) A notice under subregulation (1)(b) or (2) takes effect
on the day specified in it.14ADC. Duration of manager's approval - s. 102D
(1) A period of 5 years is prescribed for the purposes of
section 1021)(1)(b).(2) A duration of 5 years is prescribed for the purposes of
section 1021)(2).14ADD. Renewal of manager's approval - S. 102E
(1) In this regulation -
renewal application means an application for the
renewal of a manager's approval under section 102E.
(2) A renewal application must be -
(a) made in the form approved by the Director; and (b)
supported by such other documentation or information as the Director may in a particular case require.
(3) A renewal application must be lodged -
(a) at an Australia Post office or agency; or (b)
by an electronic means acceptable to the Director.
(4) Unless the Director otherwise determines, if—
(a) a renewal application has been made; and (b)
the Director has not, before the day on which the manager's approval is due to expire, determined the renewal application,
the applicant is to be taken to be an approved unrestricted manager or an approved restricted
manager, as the case requires, until the Directordetermines the renewal application.
14ADE. Identification cards
(1) The Director may issue an identification card to an
approved manager.(2) An identification card -
(a)
must be in the form approved by the Director; and
(b)
may contain such information as the Director considers appropriate.
3 June 2011 GOVERNMENT GAZETTE, WA 1997 (3) An authorised officer may direct a person to whom an
identification card has been issued to produce the
identification card -
(a) to the authorised officer immediately if the card is in the person's possession when the direction is given; or (b) to an authorised officer or the officer in charge of a police station, within 48 hours after the direction is given, if the card is not in the person's possession when the direction is given.
(4) A person who fails to comply with a direction given to the person under subregulation (3) commits an offence. Penalty: a fine of $2 000.
14ADF. Lost, stolen or destroyed identification cards
(1) If the Director is satisfied, on an application in
accordance with subregulation (2), that an
identification card has been lost, stolen or destroyed,
the Director may issue a replacement identification
card.(2) An application for a replacement identification card
must be -
(a) made in a form approved by the Director; and (b) lodged - (1) at an Australia Post office or agency; or (ii) by an electronic means acceptable to the
Director;
and
(c)
accompanied by the appropriate fee set Out in Schedule 3.
14ADC. Transitioned approvals— Sch. I of Act (1) In this regulation -
commencement day has the meaning given in
Schedule I clause 1 of the Act;
transitioned approval has the meaning given in
Schedule lB clause 3(1) of the Act.(2) The Director is not required to comply with
regulation 14ADB(4) before imposing a condition on a
transitioned approval if the condition is imposed within
3 months after the commencement day.(3) Despite section 1021)(1)(b) and regulation 14ADC(1),
a transitioned approval remains in force for -(a) a period of 5 years after the commencement
day; or
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(b) any longer period determined by the Director
and specified in a notice in writing given to the
holder of the transitioned approval,
unless before then it is revoked under section 102F.
(4) Despite section 1021)(2) and regulation I4ADC(2), the
first renewal of a transitioned approval after the
commencement day may be for a duration of 1, 3 or
5 years, as chosen by the applicant for renewal.
7. Regulation 14AD amended
In regulation 14AD(1) delete "an approved" and insert:
a8. Regulation 18EB amended
(1) In regulation 1 8EB( 1 )(g) delete "an approved" and insert:
a(2) In regulation 1 8EB(2):
(a) in paragraph (da) delete "approved"; (b) in paragraph (f) delete "an approved" and insert: KI
9. Regulation 27 amended
(1) In regulation 27(2) in the Table delete: s. 100(6)
5. 100(4) (2) In regulation 27(3) in the Table insert in numerical order:
r. 14ADE(4)10. Schedule 3 amended
Delete Schedule 3 item 9 and insert:
9. Application for manager's approval -
(a) lodged under r. 14ADA(3) ................ . I 65
(b) lodged under r. 14ADA(4)(a) ............ 5 ,5
_____ (c) lodged under r. 14ADA(4)(b) 15
3 June 2011 GOVERNMENT GAZETTE, WA 1999
10A. Application for renewal of manager's
approval (other than transitioned approval
under r. 14ADG) -
(a) Lodged under r. 14ADD(3)(a) ........... . I 61)
(b) lodged under r. 14ADD(3)(b) 120 lOB.
Application for renewal of manager's approval (transitioned approval under r. 14ADG) -
(a) for 1 year —
(i) lodged under r. 14ADD(3)(a) .... 70
(ii) lodged under r. 14ADD(3)(b) .... 30
(b) for 3 years -
(i) lodged under r. 14ADD(3)(a) ... 115 (ii) lodged under r. 14ADD(3)(b) ... 75 (c) for 5 years -
(i) lodged under r. 14ADD(3)(a) .... 160 (ii) lodged under r. 14ADD(3)(b) .... 120
bC. Application for replacement identification
card -
(a) lodged under r. I4ADF(2)(b)(i) 50 (b) lodged under r. 14ADF(2)(b)(ii) 10 Part 3 - Other amendments
II. Regulation 3 amended
Delete regulation 3(4) and insert: accompanying documents that are lodged by an
electronic means acceptable to the Director.(4) Subregulation (3) does not apply to applications and
12. Regulation 10 amended
In regulation 10 delete "57(d)" and insert:
57(2)(d)
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13. Regulation 18EBA inserted
After regulation 18EA insert:
18EBA. Prescribed persons - s. 115AC
For the purposes of the definition of secure web page paragraph (c) in section 1 15AC(1A), each of the following persons is prescribed -
(a) an authorised officer; (b) a person appointed to assist the Director under section 14(1)(b).
14. Regulation 18F amended
In regulation 18F(2) delete "(c)(ii)" and insert:
(d)(i) and (ii)
15. Regulation 18H amended
In regulation 18H delete "sections 61 A and 1 55(6)(a) are" and insert:
section 155(7) is
16. Regulation 26 amended
Delete regulation 26(3) and insert:
(3) If a fee is payable under subregulation (1) or (2A) for
or in respect of the lodgment of a document and the document is submitted for lodgment without payment
of the fee, the document is taken not to have beenlodged until the fee has been paid.
(4) If—
(a)
under the Act a person is required to lodge a document within a particular period of time (the lodgment period); and
(b)
a fee (the lodgment fee) is payable under subregulation (1) or (2A) for or in respect of the lodgment of the document; and
(c)
the document is submitted for lodgment after the expiry of the lodgment period,
then a late lodgment fee is payable in addition to the
lodgment fee.
3 June 2011 GOVERNMENT GAZETTE, WA 2001
(5) For the purposes of subregulation (4), the late lodgment
fee is -
(a) an amount equal to the lodgment fee, or $115, whichever is the lesser amount, if the document is submitted for lodgment not later than one month after the expiry of the lodgment period; or (b) an amount equal to 3 times the lodgment fee, if the document is submitted for lodgment more than one month after the expiry of the lodgment period.
17. Regulation 27 amended
(1) In regulation 27(2) in the Table delete: S. 102(4)
S. 119A(1)
5. 1 19A(2)(2) In regulation 27(2) in the Table insert in numerical order: S. 101(3)
S. 110(4A)
S. 119(1 1)
S. 119A(4)
5. 119A(5)18. Schedule 3 amended
(1) Delete Schedule 3 item 8 and insert: 8. Application for extended trading permit for a period of 21 days or less if the anticipated number of patrons is -
(a) upto500 ........................................... 100
(b) between 501 and 1 000 ..................... 205
(d) between 1 001 and 5 000 .................. 1 020 (e) between 5 001 and 10 000 ................ 2 040 4085
____ (f) over 10000
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(2) Delete Schedule 3 item 15(b) and insert:
(b) for a period of 21 days or less if
the anticipated number of patrons
is —
(i) up to 500 100
(ii) between 501 and 1 000 205 (iii) between 1 001 and 5 000 1 020 (iv) between 5 001 and 10 000 2 040 (v) over 10 000 4 085
(3) After Schedule 3 item 18 insert:
19A. Application under section 115AD for
review of decision to give notice228 19B. Application under section 119A for approval to conduct non-liquor business on licensed premises 205 By Command of the Lieutenant-Governor and Administrator,
R. KENNEDY, Clerk of the Executive Council.
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