Liquor Licensing Amendment (Liquor and Gaming Administrative Restructuring) Act 2015 (TAS)

The Liquor Licensing Amendment (Liquor and Gaming Administrative Restructuring) Act 2015 was passed by the Parliament of Tasmania and received Royal Assent on 19 May 2015. The Act amended the Liquor Licensing Act 1990 and the Gaming Control Act 1993 to restructure the administrative functions of liquor and gaming licensing in Tasmania. The key change was the replacement of the Liquor Licensing Board with the Tasmanian Liquor and Gaming Commission, which took on additional functions related to liquor licensing.

The court was tasked with interpreting the scope and effect of the amendments made by the Act, particularly in relation to the transition from the old administrative structure to the new one. The central legal issues revolved around how the Act affected existing processes, such as ongoing applications and hearings, and the continuity of existing orders and permissions granted under the previous regime.

The court found that the Act effectively abolished the Liquor Licensing Board and transferred its functions to the Tasmanian Liquor and Gaming Commission. Applications for liquor licenses that were pending before the commencement of the Act were to be dealt with by the Commissioner in accordance with the new legislation. Similarly, hearings that had commenced but were not completed before the Act came into effect were to be terminated and the matters re-initiated under the new framework. The court also held that liquor restriction orders and general liquor exemptions granted by the Board before the Act's commencement were to be treated as if they had been granted by the Commissioner under the new Act. This ensured that there was no disruption to the existing rights and obligations under the old regime during the transition period.

In conclusion, the court's interpretation reinforced the transitional provisions of the Act, ensuring a smooth transfer of administrative responsibilities from the Liquor Licensing Board to the Tasmanian Liquor and Gaming Commission, while preserving the continuity of existing legal processes and entitlements.