Liquor Regulations (ACT)

THE TEEEITOET FOE THE SEAT OF

GOVEENMENT.

REGULATIONS UNDER THE LIQUOR ORDINANCE, 1928,

I N pursuance of the provisions of the Liquor Ordinance 1928, I, Charles Lydiard Aubrey Abbott, the Minister of State for Home	Affairs, hereby make the following Regulations to come into operation
forthwith.

Dated this fifteenth day of December, One thousand nine hundred

i.nd twenty-eight.

C. L. A. ABBOTT, Minister of State for Home Affairs.

LIQTJOB REGULATIONS.

short tiUe. 1- These Regulations may be cited as the Liquor Regulations.
2. I n these Regulations, unless the contrary intention appears—

Definitions. « t b e l i q u o r A c t " means the Liquor Act, 1912, of the State of;

New South "Wales, as amended by the other Acts of that State specified in the Second Schedule to the Liquor Ordinance 1928. :;

; : 3. The application to the Territory of the Liquor Act shall he Modiflcation, subject-to the following modifications, adaptations and exceptions:— Act̂ o'New°r (a) Section 15 shall be read as if the words "nine o'clock in 8onttlWales-

the morning " were substituted for the words " s i s o'clock

in the morning " ;

(.£>) Sections 22, 25, 41 and 42 shall be excepted;

••'. (c) Section 44 shall be read—

(i) as if the words " gaming for stakes or any " were

omitted; and

v	(ii) as ,if the words "Games, Wagers, and Betting Houses Act i 9 0 2 " were substituted for the
' - .	the words "Gaming and Betting Act, 1912".;

{d) Sections 47 and 48 shall be excepted;

(e) Section 54 shall be read—- . . . . . . .

• (i) as if the words " the Minister" were substituted

• •' for the words " any licensing court of justices in petty sessions";

(ii)   as if the words •" the Minister shall" were sub- : stituted for the words " such. court or justices

shall by writing under the hand of the chairman, (iii) as if the words " the Minister may" were substi- tuted for the words " such court or justices or any two of them " ;

: or of any two of such justices " ; and

(/) Section 55 shall he read as if the words " the Minister has "

were substituted for the words " such court or justices

have^'; ; : :

(g) Section 57 shall be read—

(i) as if, in paragraph (b) of sub-section (1), the words " notice by the Minister " were' substituted for the words " proclamation by the Governor " ; •arid

(ii) as if, in paragraph (<i) of sub-section (1), the words " nine in the morning" were substituted for the words " six in the morning " ;

(h) Section 57A shall be read as follows:—

"57A.—(1.) Where, in any premises in which the Commission is authorized to sell liquor, bona fide meals are regularly supplied to the public, the Minister may grant with respect to those premises a permit to the Commission or any person authorized by the Commission to exercise on behalf of the Commission the Commission's power to sell liquor, a permit for the sale, disposal or supply of liquor for consumption upon those premises with bona fide meals in accordance with the provisions of this section.

"(2.) Nothing in the Liquor Acts shall be held to prevent the sale or disposal or supply of liquor on any
such premises, with respect to which a permit under this
section has been granted and is in force, to any person other than a person referred to in section forty-nine of this Act, for consumption upon those premises with a bona fide meal actually supplied at the same time between the hours of half-past twelve o'clock and half-past two o'clock in the afternoon and between the hours of six

:	o'clock and nine o'clock in the evening of any day, provided that the meal is not being served and the liquor- is not sold, disposed, supplied or consumed in any bar or
.	»ny part of the licensed premises other than in the dining room thereof in which meals are usually served:

Provided that the Minister may extend the permit to an hour and room to be specified, and that at all times specified in any permit or extension thereof all doors (in- cluding the outer door) by which access is then had to such dining room or specified room shall be kept unlocked.

. "(3.) For the purposes of this section ' a meal ' shall mean a meal of at least two courses at which the persons partaking thereof are seated at a table, and the meal shall include fish or meats, other than in sandwich form, and cooked vegetables.

"(4.) Any person (other than a person then lawfully eutitled to be supplied with liquor): who," upon any premises in respect of which a permit under this section has been granted, obtains or attempts to obtain liquor between the hours of half-past twelve o'clock in the afternoon and nine o'clock in the evening, by falsely representing that he intends at the same time to partake of a meal upon those premises shall be .liable to a penalty not exceeding Twenty pounds.

"(5.) The Minister may at any time revoke any permit

granted under this section.

"(6.) The term 'Liquor Acts ' whenever used in this
section shall be taken to mean the Liquor Act of 1912 as

amended by subsequent Acts, including the ' Liquor

(Amendment) Act 1927'."

(i) Section 60 shall be read as if the words " a t least 25 miles " were substituted for the words "(if in the police district of Newcastle or of Maitland or in the County of Cumber- land) at least 25 miles, and (if in any other part of the State) at least 10 miles " ;

:

(/)' Sections 64, 66 (1), ( 1 A ) and (2), and 70 shall be excepted;
(k) Section 73 shall be read—

(i) as if the words " with the consent of the licensing magistrate and upon such magistrate being satisfied by affidavit or statutory declaration of the amount of debt" were omitted;

(ii) as if the words " the Terr i tory" were substituted for the words " police district" within which such licensed premises are situated; and

(iii) as if the words " the Minister" were substituted

for the words " the Colonial Treasurer";

(I) Section 120 shall be read—

(i) as if, in sub-section (1) , after the words "such inspectors ", the words " and all members of the Police Force thereto authorized by the Chief Officer of Police " were inserted; and

(ii) as if, in sub-sections (2), (3), and (4), after the Avord " inspector" (wherever occurring) the words " or member of the Police Force " were inserted;

(m) Section 121 shall be read as if. after the word " inspector " (wherever occurring), the words " or member of the Police Force " were inserted;

(n) Section 122 shall be read—

(i) as if the words " T h e Chief Officer of Police and

any member of the Police Force thereto

authorized by the Chief Officer" were substi-

tuted for paragraphs' (1) and (2) ;

(ii) as if paragraph (4) were omitted; and

(iii) as if the words "member of the Police Force"

were substituted for the word " constable"

(wherever occurring);

(o) Section 153 shall be read as if the words " the Minister "

were substituted for the words " the Governor " ;

(p) Section 155 shall be excepted;

(q) Section 161 shall be read—

(i) as if the word "l icensing" were omitted from sub-

section (1) ; and

(ii) as if, in sub-section (2), the words " a Court of Petty Sessions " were substituted for the words " t h e Licensing Court (to be therein named)"; and

(r) Section 164 shall be read—

(i) as if the word "Dis t r i c t " were omitted; and

(ii) as if the words " the Minister " were substituted for

the words " the Colonial Treasurer ".

Application of 4 Section 11 of the Liquor (Amendment) Act 1916 of the State {JmZdmait) of ISTew South "Wales shall be excepted in the application of that Act

&c"ttoT to the Territory.