Registered Clubs (Liquor) Amendment Act 1989 (NSW)

REGISTERED CLUBS (LIQUOR) AMENDMENT ACT 1989

No. 92

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2.       Commencement

3. Amendment of Registered Clubs Act 1976 No. 31

SCHEDULE 1—MISCELLANEOUS AMENDMENTS

SCHEDULE 2—AMENDMENTS INCREASING PENALTIES

REGISTERED CLUBS (LIQUOR) AMENDMENT ACT 1989 No. 92

NEW SOUTH WALES

Act No. 92, 1989

An Act to amend the Registered Clubs Act 1976 to vary the times at which	liquor may be taken from the premises of a registered club; to provide
stricter controls in relation to minors; to increase penalties; and for other purposes. [Assented to 13 June 1989]

2   Act No. 92

Registered Clubs (Liquor) Amendment 1989

The Legislature of New South Wales enacts:

Short title

1.     This Act may be cited as the Registered Clubs (Liquor) Amendment

Act 1989.

Commencement

2. This Act commences on a day or days to be appointed by

proclamation.

Amendment of Registered Clubs Act 1976 No. 31

3. The Registered Clubs Act 1976 is amended as set out in Schedules 1

and 2.

SCHEDULE 1—MISCELLANEOUS AMENDMENTS

(Sec. 3)

(1) Section 46 (Carrying away liquor from premises of registered clubs)—

(a)	Section 46 (l)(a)— Omit "12 noon", insert instead "10 a.m.".
(b)

Section 46 (l)(d)— midnight.".

(c)

Section 46 (5)— insert instead "as provided by subsection (6)".

(d)	Section 46 (6)—

Omit the subsection, insert instead:

(6) The Licensing Court may vary the hours referred to in subsection (1) (a) to permit liquor to be carried away from the registered club on a Sunday from a time earlier than 10 a.m. but not earlier than 5 a.m. or from 10 p.m. to a time not later than •midnight but may grant a variation only—

(a)	to meet the needs of tourists or tourism or other special needs; and
(b)	if satisfied that the variation would not result in the

Registered Clubs (Liquor) Amendment 1989

SCHEDULE 1—MISCELLANEOUS AMENDMENTS—continued

(2) Sections 52A, 5 2 B —

After section 52, insert:

Minor required to provide information

52A. (1) An authorised person may require a minor reasonably

suspected of committing an offence against this Act—

(a) to state his or her full name and residential address; and

(b) to produce then, or at a police station within a reasonable time, documentary evidence that might reasonably be accepted as applying to the person and as proof of his or her age.

(2) A person the subject of a requirement under subsection (1)

shall not—

(a)	refuse or fail to state his or her full name and residential address; or
(b)	without reasonable cause, refuse or fail to produce evidence of age as referred to in subsection (1) (b).

Maximum penalty: 2 penalty units.
(3) In this section—

"authorised person" means the secretary of a registered club,

an employee or agent of a registered club, or a member of

the police force;

"minor" means—

(a) a person under the age of 18 years; or

(b) a person reasonably suspected of being under the age of 18 years.

Minor attempting to enter club premises or obtain liquor

52B. (1) If—

(a)	the secretary, or an employee, of a registered club is aware that a person who may reasonably be suspected of being under the age of 18 years is attempting to enter the club premises, or a part of the club premises; and
(b)	the presence of the person on the premises or part of the premises would, if the person were under the age of 18 years, be an offence against this Act,

the secretary or employee shall refuse the person entry to the
premises or part.

4   Act No. 92

Registered Clubs (Liquor) Amendment 1989

SCHEDULE 1—MISCELLANEOUS AMENDMENTS—continued

(2) The secretary, or an employee, of a registered club shall refuse to supply liquor to a person on the club premises who may reasonably be suspected of being under the age of 18 years.

Maximum penalty: 10 penalty units.

(3) Section 57 (Defence to prosecution for offences relating to persons

under 18 years)—

(a) Section 57 (1)—

Omit "he believed on reasonable grounds that the person under the age of 18 years was of or above the age of 18 years", insert instead ", at the time of commission of the alleged offence, there was produced to the defendant documentary evidence that might reasonably be accepted as applying to the person and as proving that the person was of or above the age of 18 years".

(b)

Section 57 (2)— the defendant, being a registered club or the secretary of a registered club, shall be deemed to have had reasonable grounds for the belief referred to in that subsection if he proves that", insert instead "Documentary evidence sufficient for the purposes of subsection (1) shall be taken to have been produced if".

(c) Section 57 (2) (a)—
Omit "to him".

(4) Section 58 (Powers of entry and inspection)—

(a)	Section 58 (1), (2)— Omit "licensing inspector" wherever occurring, insert instead
inspector)". "member of the police force (whether or not a licensing
(b)

Section 58 (2)— of a registered club and".

(c) Section 58 (2) (a)—
Omit the paragraph, insert instead:

(a) take an account of all liquor on the premises; and

(d)	Section 58 (3)—
Omit "licensing inspector" wherever occurring, insert instead "member of the police force".

Registered Clubs (Liquor) Amendment 1989

SCHEDULE 2—AMENDMENTS INCREASING PENALTIES

(Sec. 3)

(1) Section 23 (Functions on club premises)—

(a)	Section 23 (5)— Omit "$500", insert instead "20 penalty units".
(b)	Section 23 (5)— Omit "$200", insert instead "10 penalty units".

(2) Section 44 (Supply of liquor on defined premises of registered club)—

(a)

Section 44 (1)— penalty units".

(b)

Section 44 (2)— penalty units".

(3) Section 45A (Minors' names not to be entered in guests' register)—

Omit "$500", insert instead "10 penalty units".

(4) Section 46 (Carrying away liquor from premises of registered clubs)—

Section 46 (3)— penalty units".

(5) Section 50 (Certain sales etc. of liquor by registered clubs prohibited

etc.)—

(a) Section 50 (1)—
Omit "$1,000", insert instead "20 penalty units".

(b) Section 50 (1), (2), (2A)—

Omit "$500" wherever occurring, insert instead "10 penalty units".

(6) Section 50A (Minors not permitted in poker machine areas)—

(a)	Section 50A (1)— Omit "$ 1,000", insert instead "20 penalty units".
(b)

Section 50A (1), (2)— units".

(7) Section 50B (Display of notices)—

6   Act No. 92

Registered Clubs (Liquor) Amendment 1989

SCHEDULE 2—AMENDMENTS INCREASING PENALTIES—

continued

(b) Omit "$500" wherever occurring, insert instead "10 penalty units".

(8) Section 53 (Sending person under 18 years for liquor)—

Omit "Penalty: $500", insert instead "Maximum penalty: 10 penalty units".

(9) Section 54 (Poker machines in dining rooms and dining and non-

restricted areas)—

(a)	Section 54 (2)— Omit "$1,000", insert instead "20 penalty units".
(b)	Section 54 (2)— Omit "$500", insert instead "10 penalty units".

(10) Section 58 (Powers of entry and inspection)—

Section 58 (3)— penalty units".

(11) Section 67 (Power to demand particulars from certain persons on

premises of registered clubs)—

Section 67 (6)— penalty (subsection (6)): 10 penalty units".

[Minister's second reading speech made in-

Legislative Assembly on 3 May 1989

Legislative Council on 24 May 1989]