Liquor Licensing Act 1988 (WA)(CKI) (Amendment) Ordinance 1994 (Cth)

TERRITORY OF COCOS (KEELING) ISLANDS

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Liquor Licensing Act 1988 (W.A.) (C.K.I.)

(Amendment) Ordinance 1994

No. 3 of 1994

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Cocos (Keeling) Islands Act 1955.

Dated 30 June 1994.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

WARREN SNOWDON

Parliamentary Secretary to the Minister for the

Environment, Sport and Territories

for the

Minister for the Environment, Sport and Territories

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An Ordinance to amend the Liquor Licensing Act 1988 (W.A.) (C.K.I.)

1.   Short title

1.1   This Ordinance may be cited as the Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1994.¹

2.   Commencement

2.1   This Ordinance commences on 1 July 1994.

3.   Amendment

3.1   The Liquor Licensing Act 1988 (W.A.) (C.K.I.)² is amended as set out in this Ordinance.

4.   Section 4 (Interpretation of “amount paid or payable for liquor”, and point of sale)

4.1   Subparagraph 4 (1) (b) (v):

Omit the subparagraph, substitute:

“(v)   freight and delivery charges payable to the supplier, except where, after the commencement of the Liquor Licensing Act 1988 (W.A) (C.K.I.) (Amendment) Ordinance 1993, the Director decides that the amount is not to be included, or where the charges are paid or payable by the supplier to a common carrier, or in so far as the Director otherwise determines those charges to be reasonable.”.

5.   Section 30 (Division of responsibilities)

5.1   Paragraph (30) (4) (aa):

Omit “30 June 1994”, substitute “30 June 1995”.

6.   Section 37 (Requirements relating to licences and permits generally)

6.1   Section 37 (5):

After “requires,”, insert “at any time in the period that begins on the commencement of the Liquor Licensing Act  1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1994 and ends on 30 June 1995,”.

7.   Section 50 (Restaurant licences)

7.1   Subsection 50 (4):

Omit “30 June 1994”, substitute “30 June 1995”.

8.   Section 63 (Restriction on power to vary terms fixed or conditions imposed by the Act)

8.1   Subsection 63 (2):

Omit “30 June 1994”, substitute “30 June 1995”.

9.   Section 100 (Supervision and management)

9.1   Subsection 100 (6):

Omit the subsection, insert:

“(6)   If a manager is ill or is absent for any reason, or is dismissed, or resigns, and the licensee appoints a temporary manager who is not at that time a person approved by the Director as a manager of any licensed premises, the licensee must apply to the Director within 14 working days after the appointment for approval of the appointment, and, if the application is made, the temporary manager is, from the time of the appointment until the application is determined, regarded for the purposes of this Act as being a person approved by the Director as manager in respect of those premises.”.

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NOTES

1.   Notified in the Commonwealth of Australia Gazette on  1 July 1994

2.   Ordinance No. 7, 1993.