Liquor Regulations (Amendment) (ACT)

Case

AUSTRALIAN CAPITAL TERRITORY

Regulations 1991   No. 21

Liquor Regulations2 (Amendment)

The Australian Capital Territory Executive hereby makes the following Regulations under the Liquor Act 1975.

Dated 25 January 1991.

BERNARD COLLAERY

Attorney-General

CRAIG DUBY

Minister

Applications for licence renewal

1.  Regulation 6 of the Liquor Regulations is amended—

(a)by omitting from paragraph (1) (b) all the words after “Registrar”; and

(b)by omitting subregulation (2).

Form of memorandum of transfer of licence

2.  Regulation 9 of the Liquor Regulations is amended by omitting “42” and substituting “41”.

Insertion

3.  After regulation 9 of the Liquor Regulations, the following regulation is inserted:

Annual certificates of liquor transactions

“9A.  (1)  For the purposes of paragraphs 43 (1) (a) and 76B (a) of the Act, the prescribed forms are Forms 8 and 9.

“(2)  For the purposes of paragraphs 43 (1) (b) and 76B (b) of the Act, the prescribed form is Form 8.”.

Permits

4.  Regulation 10 of the Principal Regulations is amended—

(a)by omitting from subregulation (2) “his” and substituting “the”; and

(b)by inserting in subregulation (2) “or she” after “he”.

Schedule

5.  The Schedule to the Principal Regulations is amended—

(a)by inserting in Form 1—

“Special Licence

after—

“OFF Licence ”;

(b)by omitting from Form 1 the item “Proposed trading hours” and substituting the following items:

Complete for
Special licence
only
Purpose for which
the licence is sought
Proposed trading hours

(c)by inserting in Form 3 “Special/” after “Off/”;

(d)by inserting in Form 3, after the provision for the particulars of the licenced premises, the following paragraph:

“(in the case of a Special Licence) This licence is issued subject to the following conditions: (set out the conditions here)”;

(e)by inserting after “Board” in Form 3, “or the Registrar, as the case requires”;

(f)by inserting in Form 4 “Special/” after “Off/”;

(g)by omitting from Form 4 “ The applicant requests that the licence, as renewed, continue in force for the period (describe period).”;

(h)by omitting from Form 4 “in accordance with section 94A” and substituting “on or before 1 June next following the renewal”;

(i)by inserting in Form 5 “Special/” after “Off/”;

(j)by omitting from Form 5 “40 (2)” and substituting “39”;

(k)by omitting from Form 5 “the period (described period)” and substituting “a period of 12 months commencing on (specify date)”;

(l)by inserting in Form 6—

“Special Licence

after—

“OFF Licence ”;

(m)by omitting from Form 7 “in pursuance of approval given by the Authority” and substituting “as authorised under section 41 of the Liquor Act 1975”; and

(n)by omitting Forms 8 and 9 and substituting the following forms:

Form 8  Regulation 9A

Liquor Regulations

Certificate of Liquor Purchases

Licence Number
Name of licensee

Address and name (if any) of

licensed premises

I, (full name), of (address), certify that—

(a)    the quantity of liquor purchased during the period1 commencing on (date) and ending on (date) for disposal in pursuance of the licence is        litres;

(b)the total amount (including duties) paid or payable for that liquor is $     ;

(c)the total amount of duties paid or payable for that liquor is $      ;

(d)    the quantity of each kind of liquor referred to in the following Table which was purchased during that period for disposal in pursuance of the licence is as set out in the Table;

(e)    the amounts (including duties) paid or payable for the kinds of liquor referred to in the Table are as set out in the Table; and

(f)the names and addresses of the persons supplying those kinds of liquor to the licensee are as set out in the Table.

Table

Wine/Cider/Perry Spirits Beer

Supplier

Litres

Amount paid or payable including duty

Litres

Amount paid or payable including duty

Litres

Amount paid or payable including duty

$

$

$

(Signature)

(date)

Note

1. Where this certificate is required under section 76B of the Liquor Act 1975, the period required to be covered is the previous financial year.

Where this certificate is required under section 43 of that Act (after the licence ceases to be in force), the relevant period is any period during which the licence was in force which is not covered by an annual certificate under section 76B of that Act.

Form 9  Subregulation 9A (1)

Liquor Regulations

Certificate of Liquor Purchases by off-licensees for exempt wholesale liquor sales

Licence Number
Name of licensee

Address and name (if any)

of licensed premises

I (full name), of (address), certify that—

(a)    the total amount (including duties) paid or payable by the licensee for liquor which has been the subject of exempt wholesale liquor sales by the licensee during the period1 commencing on (date) and ending on (date) is $     ; and

(b)    the amounts (including duties) paid or payable by the licensee for liquor which was the subject of exempt wholesale liquor sales by the licensee to the classes of persons, or the institutions, set out in the following Table are as set out in the Table.

TABLE

Purchasers Amounts paid or payable
by the licensee
Licensees and permit holders (total amount)
Persons authorised under the law of a State or another Territory to sell liquor (total amount)
Australian National University
University of Canberra
Canberra Theatre Trust
Exempt persons (total amount)

(Signature)

(date)

Note

1. Where this certificate is required under section 76B of the Liquor Act 1975, the period required to be covered is the previous financial year.

Where this certificate is required under section 43 of that Act (after the licence ceases to be in force), the relevant period is any period during which the licence was in force which is not covered by an annual certificate under section 76B of that Act.

NOTES

  1. Notified in the ACT Gazette on 6 February 1991.

  2. Regulations 1979 No. 11 as amended by 1986 No. 20; 1987 No. 8; Ordinance No. 21, 1989.

©  Australian Capital Territory 1991

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0