Liquor Licensing Act 1988 (WA)(CI) (Amendment) Ordinance 1996

Overview

The Liquor Licensing Act 1988 (W.A.) (C.I.) (Amendment) Ordinance 1996 was enacted to amend the Liquor Licensing Act 1988 in the Territory of Christmas Island. This amendment was made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the authority granted by the Christmas Island Act 1958. The Ordinance was intended to address a specific problem or gap in the existing liquor licensing framework by extending certain dates in the original Act, which would have expired on 30 June 1996, to 30 June 1997. The policy objective behind these amendments appears to be the provision of a transitional period to allow for necessary adjustments within the liquor licensing system on Christmas Island.

Scope and Application

The Liquor Licensing Act 1988 (W.A.) (C.I.) (Amendment) Ordinance 1996 amends the Liquor Licensing Act 1988 (W.A.) (C.I.) by extending the dates for certain provisions from 30 June 1996 to 30 June 1997. This Ordinance applies to the Territory of Christmas Island and governs the regulation of liquor licences and permits within its jurisdiction. The Act applies to all persons, entities, and industries involved in the sale, supply, or consumption of liquor on the island, encompassing activities such as the issuance of liquor licences and the enforcement of licensing conditions. The Ordinance, effective from 1 July 1996, specifies that its amendments do not introduce new exclusions or exemptions but rather adjust the timelines for existing provisions. While the primary legislation may be further elaborated or specified through subordinate instruments, the Ordinance itself does not extend or restrict the application beyond its stated amendments.

Key Provisions

The Liquor Licensing Act 1988 (W.A.) (C.I.) (Amendment) Ordinance 1996 amends several key sections of the Liquor Licensing Act 1988, altering the dates on which certain provisions apply. Specifically, section 4.1 removes the date “30 June 1996” from paragraph 30(4)(aa) in section 30 (Division of responsibilities) and replaces it with “30 June 1997.” Similarly, section 5.1 changes the same date in subsection 37(5) of section 37 (Requirements relating to licences and permits generally), section 6.1 adjusts the date in subsection 50(4) of section 50 (Restaurant licences), and section 7.1 modifies the date in subsection 63(2) of section 63 (Restriction on power to vary terms fixed or conditions imposed by the Act). The amended sections impose obligations and requirements on the entities they govern, primarily concerning the extension of specific dates for compliance and application of certain provisions. For instance, the extension of the date in section 30(4)(aa) affects the division of responsibilities, likely extending the timeframe for meeting certain administrative or operational obligations. In section 37, the extension impacts the general requirements for licences and permits, possibly delaying the date by which these must be applied for or renewed. Similarly, the amendment in section 50 affects restaurant licences, possibly extending the timeframe for renewals or applications. Lastly, the alteration in section 63 restricts the power to vary terms or conditions imposed by the Act, potentially extending the period for which certain terms are fixed. In terms of consequences for breach, the Ordinance does not explicitly state offences, penalties, or civil/criminal consequences for failing to comply with the amended dates. However, the Liquor Licensing Act 1988 itself likely outlines penalties for non-compliance with licensing requirements. These could include fines, suspension or revocation of licences, or other administrative actions as stipulated by the Act. The exact penalties would depend on the nature and severity of the breach, as defined under the broader legal framework of the Liquor Licensing Act 1988.