Liquor (Local Option) Amendment Act 1913 (NSW)

Act No. 5, 1913.

An Act to amend Par t IV of the

Liquor Act, 1912.	[16th September,
1913.]

lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­

Wales in Parliament assembled, and by the authority of the same, as follows :—

1 . This Act may be cited as the "Liquor (Local

Option) Amendment Act, 1013."

2 .    Section eighty of the Liquor Act, 1912, is repealed,

and the following is substituted for i t :—

80. (1) The number of publicans' licenses in an electorate shall not, except in pursuance of special authority granted as hereinafter in this Act provided, at any time exceed a number to be found by adding together—

(a)	the number of publicans' licenses (including conditional publicans' licenses) which were on the first day of January, one thousand nine hundred and six, in the area con­ stituting the electorate ; and
(b)	the number of applications pending for licenses of premises in respect of which publicans' licenses were held within four months before the said day in such area;
(b)

and subtracting therefrom—

(c) the number of publican's licenses in such area which a special court has, in pursuance of a vote taken under this Part or under Part V I of the Act No. 40 of 1905, deter- mined shall cease to be in force.

(2) The number of colonial wine licenses in an electorate shall not, except in pursuance of special authority granted as hereinafter in this Act provided, at any time exceed a number to be found by adding together—

(a) the number of colonial wine licenses which were on the first day of January, one thousand nine hundred and six, in the area constituting the electorate; and

(b) the n u m b e r of appl icat ions pend ing for

licenses of premises in respect of which colonial wine licenses were held wi th in four m o n t h s before the said day in such area, and

sub t rac t ing therefrom—

(c)	the number of colonial wine licenses in such area which a special court has , in pursuance of a vote t aken unde r this P a r t or unde r P a r t V I of t he A c t N o . 40 of 1905, deter­ mined shall cease to be in force.
(3) The n u m b e r of c lubs in an e lectorate

shal l no t a t any t ime exceed the n u m b e r of clubs formed before the first day of November , one thousand nine hund red and five, and bona fide used on t h a t day as clubs in t he area cons t i tu t ing t he electorate , and registered unde r t he Ac t No . 40 of 1905 on or before t h e first day of March , one

thousand n ine h u n d r e d and six.

(4) Provided t h a t where a publ icans ' or colonial wine license, or t h e regis t ra t ion of a c lub has, after the first day of J a n u a r y , one thousand n ine hundred and six, been removed from any area cons t i tu t ing an electorate to a n y other such area, i t shall, for t he purposes of this section, be counted as be ing in such other area.

3 . Section n ine ty-one of t he Liquor Act , 1912, is

amended by inser t ing after pa rag raph (d) the following

n e w	p a r a g r a p h s : —
(d i) The r e t u r n i n g officer or his depu ty who takes

t h e poll under the P a r l i a m e n t a r y Elec tora tes and Elect ions Act , 1912, a t any booth m a y

appoint for such booth two scru t ineers—one
to ac t for licensed publ icans , and one to act

for t emperance organizat ions ; and shall in m a k i n g such appo in tmen t s first consider any

nomina t ions m a d e to h im by such publ icans

and organizat ions wi th in the electorate :

Provided tha t each such scru t ineer before ac t ing in his office shal l m a k e and sign as prescribed the prescribed declarat ion,

(d ii) A n y such scrut ineer m a y be presen t in t h a t

pa r t of t he booth in which vot ing papers a re received under this Act , and may be present when the box conta in ing the vot ing papers is opened and the votes are counted .

Ac t