Liquor Licensing Act 1988 (WA)(CKI) (Amendment) Ordinance 1997 (Cth)

TERRITORY OF COCOS (KEELING) ISLANDS

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Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1997

No. 2 of 1997

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 25 June 1997.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

WARWICK SMITH

Minister for Sport, Territories and Local Government

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

1.   Commencement

1.1   This Ordinance commences on 1 July 1997.

2.   Short title

2.1   This Ordinance may be cited as the Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1997.¹

3.   Amendment

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

4.   Section 30 (Division of responsibilities)

4.1   Omit the section, substitute:

Division of responsibilities between Court and Director

“30.   (1)    The Court constitutes the licensing authority for hearing and determining anything arising under this Act, except:

(a)   an application specified in subsection (3); or

(b)   a thing that is, under another provision of this Act, to be determined by the Director.

“(2)   The Court may remit an application or matter to the Director for determination, and may give directions about the application or matter.

“(3)   For hearing and determining an application for any of the following things, the Director constitutes the licensing authority:

(a)   a Category A or B licence (whether or not an objection to the application has been lodged);

(b)   approval of the transfer of a Category A or B licence;

(c)   approval of the temporary removal of a Category A or B licence;

(d)   approval of the removal of a Category B licence.

Jurisdiction of licensing magistrate etc under other Acts

“30A.   (1)    If another Act requires anything to be determined by a licensing magistrate or licensing bench, the licensing authority is vested, by this section, with jurisdiction to determine that thing.

“(2)   For hearing and determining the thing, the Director constitutes the licensing authority.”.

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

5.1   Subsection 37 (5):

Omit the subsection, substitute:

“(5)   The licensing authority may grant a licence (except a club restricted licence or an occasional licence) subject to the condition that the licensee must:

(a)   occupy the licensed premises to the exclusion of other persons; and

(b)   retain the exclusive right to occupy the premises.

“(6)   An application for the grant or removal of a licence that is subject to the condition mentioned in subsection (5) must not be granted unless the licensing authority is satisfied that the applicant is able to, or on the grant of the application will be able to, comply with that condition.

“(7)   If the licensee of a licence that is subject to the condition mentioned in subsection (5) ceases to occupy the licensed premises, the licence is terminated.”.

6.   Section 50 (Restaurant licences)

6.1   Subsections 50 (4) and (5):

Omit the subsections, substitute:

“(4)   The Director may authorise, in writing, the licensee of a restaurant licence to sell liquor on the premises of the restaurant, during permitted hours, for consumption off the premises, if the sale of the liquor is ancillary to the supply, on the premises, by the licensee to the buyer of the liquor, of a meal to be eaten off the premises.”.

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

7.1   Subsection 63 (2):

Omit the subsection, substitute:

“(2)   However, the Director may vary or cancel a term or condition of a licence on his or her own initiative, or on the application of a licensee, if the Director considers that the variation or cancellation would be in the public interest.”.

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NOTE

1.   Notified in the Commonwealth of Australia Gazette on 30 June 1997.