The Local Option Act 1905 (SA)

EDWARDI VII REGIS.

No. 897.

An Act to amend " The Licensed Victuallers Further

Amendment Act, 1895," " The Local Option

Extension Act, 1904,'' and for other purposes.

[Assented to, December 9h%, 1905.1

E it Enacted by the Governor of the State of South Australia,

follows: B with the adhce and consent of the Parliament thereof, as

1, This Act may be cited as " The Local Option Act, 1905,'' and She* title and in- corporation.

shall be incorporated and read with '' The Licensed Victuallers Act, 1880," and all Acts amending the same or incorporated there- with.

A--897

5' EDWAKDI VII, No. 897.

2. In this Act the word " ~in i s t ' e r " shall mean the Attorney- Definition.

General for the time being of the State of South Australia.	Victorian Lieemiq
Act of 1890, m. 3,

3, Section 25 of The Licensed Victuallers Further Amendment Who mav vote-

Act, 1896," shall be read as if the following words were added after	I
the word G Assembly " in the fourth line of such section:--" and whose names appear on the electoral roll as entitled to vote at a polling-place or polling-places situate within such local option district, and who reside in such local option district."

4. Section 26 of " The Licensed Victuallers Further Amendment Petition may be

Act, 1896," is hereby repealed and the following subsections 1 and presentsd.

2 are substituted in lieu thereof :-

l. Any local option petition may pray that a local option poll be taken within the local option district. 2. Within

The Local Optzon Act- 1 905.

Proof of validity of

petition.	2. Within seven days after the presentation in manner prescribed returning officer for the electoral district which co~lst~itutes such local option district, or in which such local option district is situate, who shall examine the same and the signatures thereto, and i f the returning officer shall be of opinion that the petition has been duly and properly signed, he shall so certify to the Minister in writing, and such certificate of the re tn i ing officer shall be p'ublished by the Minister in the Government Gazette, and the Government Gazette containing such notice shall be conclusive evidence that a valid petition under this Act has been duly presented.
Victorian Licensing	of any local optiori petition, such petition shall be referred to the
Act, 1890, sec. 28.
%peal of eec. 27,

Licenaed Victuallere 5, Section 27 of " The Licensed Victuallers Further Amendment

Further Amendment

Act, 1896," and Form I) in the Schedule thereto are hereby repealed,

Act, 1896.

and the following subsections, 1 to 10, inclusive, and the forms in the

Schedule hereto are substituted in lieu thereof.

p011 to be taken. 1. The Governor shall, upon receipt of any such petition, by

8.8. ~ c t, 1896. Order in Council direct the returning officer of the electoral district comprising the local option district concerned to cause a poll of the electors to be taken, upon a day to be fixed in the said Order in Council, which poll such returning officer shall cause to be taken, and the Governor may by Order in Council prohibit the granting of new licences in the local option district in which the poll is to be taken until such poll has been taken and the declara- tion hereinafter referred to is made.

Ministertofixinteger	2. The Minister shall, upon the presentation of any such
of two-thirds and

five-sixths.	petition, fix a number (which shall be two-thirds or the nearest
New,	integer not less than two-thirds), which number is hereinafter called the integer of two-thirds, and a number (which shall be five- sixths or the nearest integer not less than five-sixths), which number is hereinaEter called the integer of five-sixths, of each one of the following classes of licences which shall at the time of the
within such local option district, that is to say-(l) Publicans' receipt of the petition be current in respect of premises situate licences, (2) wine licences, (3) storekeepers' colonial wine licences, (4) storekeepers' licences, (5) club licences. The decision of the Minister in fixing the integer of two-thirds and the integer of five- sixths shall be tinal; and a certificate under the hand of the Minister that he has fixed such integer shall be conclusive evidence
in all Courts that such integer was properly fixed and that such
number was the correct number.
Resolutions to be	3. At eveiy poll the following resolutions shall be submitted to subject, however, to subsection 6 of
rubmittd.	electors in respect of each of the above-mentioned classes of licences,

New. this section :-

l. That the number of licences be reduced from the present

number to the integer of two-thirds:

2, That the number of licences be reduced from the present

number to the integer of five-sixths: 3. That

5' EDWARDI VII, No. 897.

The Local Option Act- 190.5.

3. That the number of licences be not increased or reduced:

4. 'l'hat the number of licences be increased in the discretion of

the Licensing Bench.

'The above resolutions are hereinafter referred to as the first, second,

third, and fourth resolutions respectively.

4. At every poll taken under this Act a separate ballot paper in Sepamhblldpagem to be ieeued in w t

respect of each of the above-mentioned classes of licence shall

of

be issued to each elector voting a t such poll, and, until altered by licence.

regulation, such ballot paper shall be in the Form A in the Schedule New.

hereto, with such variations as the provisions of subsection 6 of this

section may require.

5. Each elector may record only one vote on each ballot paper, one vote on each

and such vote shall be counted as recorded in favor of the resolution paper- i n respect of which it purports to be given. New.

6. If at the time of taking any poll the number of licences of any NO ballot where not

class current in respect of premises situate within any local option ~ ~ ~ ~ ~, " f :z; CIO.e.

district shall be less than six, then the first, third, and fourth resolu-

New.

tions only shall be submitted to the electors in respect of such class of licences; if at such time the number of licences of any class current in respect of premises situate within any local option district shall be less than three, then the third and fourth resolutions only shall be sub- mitted to the electors in respect of such class of licences: but what- ever resolutions are submitted to the electors each such resolution shall bear the number given to it in subsection 3 of this section.

7. The following provisions shall obtain in regard to the votes How votea to be

recorded in respect of each class of licence :-

counted.

New.

(a) If the votes recorded i n favor of the first resolution constitute a majority of the valid votes recorded at such poll, the first resolution shall be adopted:

( b ) If the votes recorded in favor of the first resolution do not constitute a majority of the valid votes recorded at such poll, the votes recorded in favor of the first resolution shall be added to the votes recorded in favor of the second resolution:

(c) If the sum of the votes thus found shall constitute a majority of the valid votes recorded at any poll, then the second l

resolution shall be adopted:

(d) If the sum of the votes recorded in favor of each of the first and second resolutions do not constitute a majority of the valid votes recorded at such poll, the votes recorded in favor of each of the first and second resolutions shall be added to the votes recorded in favor of the third resolution:

(e) If the sum of the votes thus found shall constitute a majority of the valid votes recorded at such poll, then the third resolution shall be adopted: (f) If

5 O EDWARDI VII, No. 897.

The Local Option Act-1 905.

( J ) If the sum of the votes thus found shall not constitute a majority of the valid votes recorded at such poll, then the fourth resolution shall be adopted.

tor"^^ be

deemed c o m t. 8. For the purpose of any such poll the electoral rolls then in

Victorian Iiceneing	force shall be accepted as correct, and their correctness shall not be
act, 1890, sec. 29.	inquired into by any Court or person whatsoever.
4hutineem may be
appointed.	9. The Governor may make regulations to provide for the appointment of not more than ten scrutineers to act at each polling- place a t polls to be taken under this Act, and every scrutineer so appointed shall, so far as is consistent with this Act, have the same rights and powers as are conferred upon scrutineers by " The Electoral Code, 1896 ": Provided that such regulations shall contain pro- vigions which will enable holders of each class of the licences affected by such poll to appoint one of such scrutineers, and shall also contain provisions which will enable those who are in favor of reducing the number of any class or classes of such licences to appoint one of such scrutineers for each of such class of licence.
Dd-tionof*&

of ballot. 10, The returning officer, at the conclusion of the poll, shall pro-

Viotorian Licensing ceed to count the votes recorded thereat for the various resolutions

act, 1890,	29.	voted upon, and shall forthwith, by advertisement in the Ciove~~nment Gazette, declare the determination of the electors in the local option district; and the Government Gazette containing such notice shall be conclusive evidence that such poll has been duly taken, and such de- termination duly arrived at. Such declaration may be in the Form
B in the Schedule hereto.

-1 petitions

on whiuh no poll 6, All local option petitions presented to the Governor before the been taken shall be void and of no effect, and it shall not be neces- sary for the Governor to take any polls in respect of such peti- tions.

uen	to be void.	coming into operation of this Act in respect of which no poll has then
New.

Repeal of eection 28 7, Section 28 of The Licensed Victuallers Further Amend-

of 666 of 1896.	ment Act, 1896," is hereby repealed.
Amendmeat of
lreofon 30.	8, The words '' in accordance with regulations io be made by the Governor," in section 30 of " The Licensed Victuallers Further Amendment Act, 1896," are hereby repealed, and the words and the Governor may make regulations." are substituted in lieu thereof.

Amendment of section	0, Section 32 of	The Licensed Victuallers Further Amendment
32 of 666 of 1896.

Act, 1896," is hereby repealed, and the following is substituted in

New. lieu thereof :-a If the third resolution be ado~ted in anv local I d

option district in respect of any class of licence no licence of that class for he sale of liquors shall thereafter be granted in such district except in respect of premises licensed at the time of rsuch adoption, or in respect of premises to which a licence existing witbin such district at such time has been transferred. If the fourth resolution is adopted in respect of any class new licences of that class may be granted in the discretion of the Licensing; Beach:

Provided

5 O EDWARDI VII, No. 897.

The Local Option Act- 1905.

Provided that such new licences shall not exceed in number one- third of the number of licences of such class current in respect of premises situate within such district at the time of taking such poll."

10, The words " If the third resolution be adopted, or if the fourth A mendmerit of eeotiom 33 of 666 of 1896.

resolution be cegatived," in the first and second lines of section 33 of " The Licensed Victuallers Further Amendment Act, 1896," are hereby repealed, and the words " If the first or second resolution be adoptkd " are substituted in lieu thereof. The words If the third

renewals of licences may be granted " appearing in the last three. .	resolution be negatived, or if the fourth resolution be adopted,
lines of the said section are hereby repealed.

11. Section 2 of " The Local Option Extension Act, 1904," is ~ ~ ~ f ~ ~ $ ~ $ ~ ~ t ~ ~ ~

hereby repealed, and the following is substituted in lieu thereof :-

L * Every local option district constituted before the passing of

' The Constitution Act Amendment Act 1901,' shall be deemed, notwithstanding the passing of such Act, to have continued to be ct local option district; hut this section shall not affect anything which has been lawfully done by any Proclamation of the Governor heretofore made. Until such local option districts are altered each such h a 1 option district shall bear the same name as such district bore as an electoral district prior to the passing of the said

' The Constitution Act Amendment 14ct, 1901 '; and when such

districts are altered the new districts shall bear the names given to

them by proclamation in the Go cernment Gaze~t~ ."

12, Section 31 of '' 'fhe Licensed Victuallers Further Amend- Section31, OOIT-WM-

ment Act, 1896," shall be read as if the word and figures	and 35 "
after the figures 34 had been omitted therefrom.

13, Section 35 of " The Licensed Victuallers Further Amend- Section36, oomtd.

ment Act, 1896," shall be read as if the figures 36, 37, and 38 "

had been inserted therein instead of the figures " 37, 38, and 39."

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

GEORGE It. LE HUNTE, Governor.

SCHEDULES.

5 O EDWARDI VII, No. 897.

The Local Option Act-1905.

SCHEDULES.

Form of bnllot paper Vote rat Local Optzon Poli taken in respect o/ [naming the class of licence]

New. L ' zcences.

Each elector is entitled to record only one vote on this paper, which will be counted as recorded in finor of the resolution opposite the square in which the elector places a cross.

1. That [naming the class] licences be reduced from [the present

nuntber] to [the integer of two-thirds] .................. 0

2. 'That [naming the class] licences be reduced from [the present

number] to [the in tege~ of$ve-sixths] .. .. .. .. .. .. .. .. .. 0

3. 'I'hat the number of [naming the class] licencrs be not increased

or reduced ........................................ 0

4. That new [naminy the class] licences be granted in the discre-

tion of the Licensing Bench .......................... D

The worde in brackets in the above form are not patt of the form, but the spaces occupied by such

words are to be filled up in the manner indicated by such words.

B.

Cb' The Local Option Act, 1905."]

I hereby certlPy that on the day of 190 , a poll of the

electors of the Local Option District of was taken in terms of Order

in Council made the day of 190 , and that on taking such

poll the determinations arrived at were as follows :-

l. With regard to publicans' licences ......................

2. With regard to wine licences ............................

3. With regard to storekeepers' colonial wine licences. .........

4. With regard to storekeepers' licences ....................

5. With regard to club licences ............................

Dated the day of 190 .

, Returning Officer.

If the 5rst or second reeolution be carried fill in "that the number be reduced from

to ." If the third reeolution be carried fill in " that the number be not incremed or

reduced." If the fourth resolution be carried fill in " that new licences be granted in the discretion

of the Licensing Bench."

Adelaide: By authority, C. E. BRISTOW, Government Printer, North Terrace.