Territory of Christmas Island
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Liquor Licensing Act 1988 (W.A.) (C.I.) (Amendment) Ordinance 1995
No. 3 of 1995
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Christmas Island Act 1958.
Dated 22 August 1995.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
WARREN SNOWDON
Parliamentary Secretary to the Minister for the Environment, Sport and Territories
for the
Minister for the Environment, Sport and Territories
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An Ordinance to amend the Liquor Licensing Act 1988 (W.A.) (C.I.)
1. Short title
1.1 This Ordinance may be cited as the Liquor Licensing Act 1988 (W.A.) (C.I.) (Amendment) Ordinance 1995.1
2. Commencement
2.1 The provisions of this Ordinance, except section 7, are taken to have commenced on 1 July 1995.
[NOTE: Section 7 commences on gazettal: see s. 9 (2) of the Christmas Island Act 1958.]
3. Amendment
3.1 The Liquor Licensing Act 1988 (W.A.) (C.I.)2 is amended as set out in this Ordinance.
4. Section 30 (Division of responsibilities)
4.1 Paragraph 30 (4) (aa):
Omit “30 June 1995,”, substitute “30 June 1996,”.
5. Section 37 (Requirements relating to licences and permits generally)
5.1 Subsection 37 (5):
Omit “30 June 1995,”, substitute “30 June 1996,”.
6. Section 50 (Restaurant licences)
6.1 Subsection 50 (4):
Omit “30 June 1995,”, substitute “30 June 1996,”.
7. Section 63 (Restriction on power to vary terms fixed or conditions imposed by the Act)
7.1 Subsection 63 (2):
Omit the subsection, substitute:
“(2) At any time in the period that begins on the commencement of the Liquor Licensing Act 1988 (W.A.) (C.I.) (Amendment) Ordinance 1993 and ends on 30 June 1996, the Director may vary or cancel a term of a licence that is imposed by this Act:
(a) on his or her own initiative; or
(b) on the application of a licensee;
if the Director believes that the variation or cancellation would be in the public interest.”.
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NOTES
1. Notified in the Commonwealth of Australia Gazette on 29 August 1995.
2. Ordinance No. 8, 1993 as amended by No. 2, 1994.
Overview
The Liquor Licensing Act 1988 (W.A.) (C.I.) (Amendment) Ordinance 1995 was enacted to amend the existing Liquor Licensing Act 1988 (W.A.) (C.I.), addressing specific issues related to the licensing and regulation of liquor on Christmas Island. The Act was introduced by the Parliament of Australia under the authority of the Christmas Island Act 1958, with the primary aim of providing more flexibility in the management of liquor licences and related permits on the island. The policy objective was to ensure that the regulation of liquor licensing remains responsive to the public interest and can be adapted as necessary to address emerging issues and concerns.
Scope and Application
The Liquor Licensing Act 1988 (W.A.) (C.I.) (Amendment) Ordinance 1995 applies to the regulation of liquor licensing on Christmas Island, specifically amending the Liquor Licensing Act 1988. The Act applies to all entities and persons seeking or holding liquor licences on the island, including businesses such as bars, restaurants, and retail outlets that serve alcohol. The Act's amendments extend to the powers of the Director of Licensing to vary or cancel terms of liquor licences during a specified period. The geographic reach of the Act is limited to Christmas Island, governed under the authority of the Christmas Island Act 1958. The ordinance does not explicitly state exclusions or thresholds but modifies existing provisions to extend certain powers and deadlines related to liquor licensing, such as the period within which the Director can alter or cancel licence terms. The application of the Act can be further extended or restricted through subordinate instruments as necessary, although no such instruments are mentioned in the text.
Key Provisions
The Liquor Licensing Act 1988 (W.A.) (C.I.) (Amendment) Ordinance 1995 amends the Liquor Licensing Act 1988 by extending certain dates and altering specific provisions. Section 4.1 updates paragraph 30(4)(aa) to change the deadline from 30 June 1995 to 30 June 1996 (s. 4). Similarly, section 5.1 modifies subsection 37(5) to extend the same deadline from 30 June 1995 to 30 June 1996 (s. 5). Section 6.1 makes an analogous change to subsection 50(4) (s. 6). Moreover, section 7.1 replaces subsection 63(2), allowing the Director to vary or cancel a term of a licence at any time between the commencement of the 1993 Ordinance and 30 June 1996, if the Director deems it to be in the public interest (s. 7).
The Ordinance imposes several obligations on the parties governed by the Act. Firstly, it mandates that any actions or decisions relating to the amended sections must align with the new deadlines and conditions set out in the Ordinance. Specifically, these changes necessitate that any applications, reviews, or decisions pertaining to licences and permits under the Act must now be made by 30 June 1996. Additionally, the Director is granted the authority to vary or cancel licence terms during the specified period, provided such actions are deemed to be in the public interest.
The Ordinance also sets out specific consequences for non-compliance with the Act's provisions. While the Ordinance does not explicitly outline penalties for breach, the Liquor Licensing Act 1988 (W.A.) (C.I.) itself provides a framework for potential penalties. Generally, breaches of the Act may result in civil or criminal sanctions, including fines and imprisonment, depending on the severity and nature of the offence. The exact penalties are not specified in the Ordinance but are likely to be consistent with those stipulated in the original Act.