Rooty Hill RSL Club Ltd v Liquor Administration Board of NSW

Rooty Hill RSL Club Ltd (the Club) appealed to the Court of Appeal of New South Wales against a decision of the Liquor Administration Board of NSW (the Board). The dispute concerned the interpretation of the *Gaming Machines Act 2001* (NSW) and its transitional provisions, specifically Schedule 1, clauses 2 and 10, in relation to conditions imposed on the authorisation of further gaming machines under section 88AF of the *Registered Clubs Act 1976* (NSW).

The central legal issue before the Court of Appeal was whether conditions previously imposed on the authorisation of additional gaming machines under the repealed *Registered Clubs Act 1976* continued to apply to those machines under the new *Gaming Machines Act 2001*. This required the Court to consider the effect of the savings and transitional provisions within the *Gaming Machines Act 2001*, particularly Schedule 1, clauses 2 and 10, on existing authorisations and their associated conditions.

The Court of Appeal reasoned that the transitional provisions, specifically clause 2 of Schedule 1, preserved the operation of authorisations granted under the previous legislation. Clause 10 further clarified that any conditions attached to such authorisations under the *Registered Clubs Act 1976* were to be treated as if they were imposed under the *Gaming Machines Act 2001*. Consequently, the Court held that the conditions imposed on the Club's authorisation for additional gaming machines under the former Act remained in force and were applicable under the new Act. The appeal was dismissed with costs.