Liquor Licensing Act 1988 (WA)(CKI) (Amendment) Ordinance 1993

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

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Territory of Cocos (Keeling) Islands

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Liquor Licensing Act 1988 (W. A.) (C. K. I.) (Amendment) Ordinance 1993

No. 7 of 1993

I, The ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Cocos (Keeling) Islands Act 1955.

Dated 2 September 1993.

P. BENNETT

Administrator

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. K. I.)

1. Short title

1.1 This Ordinance may be cited as the Liquor Licensing Act 1988 (W. A.) (C. K. I.) (Amendment) Ordinance 1993.1

[NOTE: This Ordinance commences on gazettal: see s. 12 (2) of the Cocos (Keeling) Islands Act 1955.]

2. Amendment

2.1 The Liquor Licensing Act 1988 (W. A.) (C. K. I.) is amended as set out in this Ordinance.

3. Section 4 (Interpretation of “amount paid or payable for liquor”, and point of sale)

3.1 Subparagraph 4 (1) (b) (v):

After “where”, insert “, at any time in the period that begins on the commencement of the Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1993 and ends on 30 June 1994, the Director decides that the amount is not to be included or where the charges are”.

4. Section 30 (Division of responsibilities)

4.1 After paragraph 30 (4) (a), insert:

“(aa) subject to any later determination of the Court under paragraph 30 (1) (a), an application for a Category A licence at any time in the period that begins on the commencement of the Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1993 and ends on 30 June 1994, whether or not any objection is lodged or taken;”.

5. Section 37—(Requirements relating to licences and permits, generally)

5.1 Section 37 (5):

Omit all the words before paragraph (a), substitute:

“(5) If the Director so requires, every licence, other than a club restricted licence or an occasional licence, is subject to the condition that the licensee occupies, and retains an exclusive right to occupy, the licensed premises, and:”.

6. Section 41—(Hotel licences)

6.1 Add at the end:

“(8) A person engaging in the supply of liquor in a manner provided for by this section immediately before the date of commencement of the Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1993 and who continues to do so after that date, is taken to be the licensee of a hotel licence:

(a) until the end of 2 months after that date; or

(b) if, during that period the person applies for a hotel licence in relation to the licensed premises, until:

(i) the application is determined by the Director; or

(ii) if the application is to be determined, or later determined, by the Court or the Registrar—that determination.”.

7. Section 42—(Cabaret licences)

7.1 Add at the end:

“(4) A person engaging in the supply of liquor in a manner provided for by this section immediately before the date of commencement of the Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1993 and who continues to do so after that date, is taken to be the licensee of a cabaret licence:

(a) until the end of 2 months after that date; or

(b) if, during that period the person applies for a cabaret licence in relation to the licensed premises, until:

(i) the application is determined by the Director; or

(ii) if the application is to be determined, or later determined, by the Court or the Registrar—that determination.”.

8. Section 44—(Casino liquor licences)

8.1 Add at the end:

(a) until the end of 2 months after that date; or

(b) if, during that period the person applies for a casino liquor licence in relation to the licensed premises, until:

(i) the application is determined by the Director; or

(ii) if the application is to be determined, or later determined, by the Court or the Registrar—that determination.”.

9. Section 46—(Special facility licences)

9.1 After subsection (6), insert:

“(6A) A person engaging in the supply of liquor in a manner provided for by this section immediately before the date of commencement of the Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1993 and who continues to do so after that date, is taken to be the licensee of a special facility licence:

(a) until the end of 2 months after that date; or

(b) if, during that period the person applies for a special facility licence in relation to the licensed premises, until:

(i) the application is determined by the Director; or

(ii) if the application is to be determined, or later determined, by the Court or the Registrar—that determination.”.

10. Section 47—(Liquor store licences)

10.1 Add at the end:

“(3) A person engaging in the supply of liquor in a manner provided for by this section immediately before the date of commencement of the Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1993 and who continues to do so after that date, is taken to be the licensee of a liquor store licence:

(a) until the end of 2 months after that date; or

(b) if, during that period the person applies for a liquor store licence in relation to the licensed premises, until:

(i) the application is determined by the Director; or

(ii) if the application is to be determined, or later determined, by the Court or the Registrar—that determination.”.

11. Section 48—(Club or club restricted licences)

11.1 Add at the end:

“(10) A person engaging in the supply of liquor in a manner provided for by this section immediately before the date of commencement of the Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1993 and who continues to do so after that date, is taken to be the licensee of a club or club restricted licence:

(a) until the end of 2 months after that date; or

(b) if, during that period the person applies for a club or club restricted licence in relation to the licensed premises, until:

(i) the application is determined by the Director; or

(ii) if the application is to be determined, or later determined, by the Court or the Registrar—that determination.”.

12. Section 50—(Restaurant licences)

12.1 Add at the end:

“(4) At any time in the period that begins on the commencement of the Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1993 and ends on 30 June 1994, the Director may authorise in writing the licensee of a restaurant licence, during permitted hours, to sell liquor on the premises for consumption off the premises ancillary to a meal supplied by the licensee on the premises for consumption off the premises by the purchaser of the liquor.

“(5) A person engaging in the supply of liquor in a manner provided for by this section immediately before the date of commencement of the Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1993 and who continues to do so after that date, is taken to be the licensee of a restaurant licence:

(a) until the end of 2 months after that date; or

(b) if, during that period the person applies for a restaurant licence in relation to the licensed premises, until:

(i) the application is determined by the Director; or

(ii) if the application is to be determined, or later determined, by the Court or the Registrar—that determination.”.

13. Section 55 (Producer’s licences)

13.1 Add at the end:

(a) until the end of 2 months after that date; or

(b) if, during that period the person applies for a producer’s licence in relation to the licensed premises, until:

(i) the application is determined by the Director; or

(ii) if the application is to be determined, or later determined, by the Court or the Registrar—that determination.”.

14. Section 58—(Wholesaler’s licences)

14.1 Add at the end:

(a) until the end of 2 months after that date; or

(b) if, during that period the person applies for a wholesaler’s licence in relation to the licensed premises, until:

(i) the application is determined by the Director; or

(ii) if the application is to be determined, or later determined, by the Court or the Registrar—that determination.”.

15. Section 63—(Restriction on power to vary terms fixed or conditions imposed by the Act)

15.1 Add at the end:

“(2) At any time in the period that begins on the commencement of the Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1993 and ends on 30 June 1994, 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.”.

16. Section 100—(Supervision and management)

16.1 Subsection 100 (6):

Omit “shall, within 2 working days after the appointment, apply to the Director”, substitute “must apply to the Director:

(a) if the appointment is made before 1 July 1994—within 14 working days after the appointment; or

(b) if the appointment is made on or after that date—within 2 working days after the appointment;”.

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NOTE

1. Notified in the Commonwealth of Australia Gazette on 9 September 1993.

Overview

The Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1993 was enacted to amend the existing Liquor Licensing Act 1988 on the Territory of Cocos (Keeling) Islands. The primary objective of this legislation is to address gaps and provide updates to the existing licensing framework, ensuring that the administration of liquor licensing on the islands aligns with current requirements and practices. The ordinance was introduced by the Administrator of the Government of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, under the authority of the Cocos (Keeling) Islands Act 1955. This legislative instrument aims to streamline and modernise the licensing processes, providing clearer guidelines and more flexible conditions for various types of liquor licenses on the islands.

Scope and Application

The Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1993 applies to the Territory of Cocos (Keeling) Islands, specifically targeting individuals and entities involved in the supply of liquor. This includes those who were supplying liquor prior to the commencement of this amendment ordinance and continued doing so thereafter. The ordinance affects a range of liquor-related licences, such as hotel, cabaret, casino liquor, special facility, liquor store, club or club restricted, restaurant, producer’s and wholesaler’s licences. The scope of the Act includes the regulation of these licences, their applications, and the conditions imposed by the Act, extending to the power of the Director to vary or cancel certain terms. The ordinance also sets out specific timeframes for applications and determinations, with certain changes in timelines for licence applications based on the date of appointment. The Act does not explicitly state any exclusions or exemptions, but the ability of the Director to vary or cancel licence terms at their discretion implies a degree of flexibility in enforcement. This ordinance complements the primary Liquor Licensing Act 1988, reinforcing and modifying its provisions to adapt to the local context of the Cocos (Keeling) Islands.

Key Provisions

The Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1993 introduces several key amendments to the existing Liquor Licensing Act, primarily concerning the interpretation of certain terms, the division of responsibilities, and specific conditions relating to various types of liquor licences. Section 4 amends the interpretation of the term “amount paid or payable for liquor”, and point of sale (subsection 4(1)(b)(v)) by adding a condition that the Director can decide not to include certain charges during a specified period. Section 30 modifies the division of responsibilities by inserting a new subparagraph (aa) to allow for applications for a Category A licence without objections during the same specified period. Section 37 revises the requirements relating to licences and permits, generally, by making it mandatory for the Director to condition certain licences, excluding club restricted and occasional licences, to ensure the licensee occupies and retains exclusive rights to the licensed premises if required. Additional provisions added to other sections clarify the transitional arrangements for ongoing suppliers of liquor. For instance, Section 41(8), 42(4), 44(4), 46(6A), 47(3), 48(10), 50(4-5), 55(4), and 58(5) stipulate that individuals supplying liquor in a manner provided for by these sections before the commencement of the Ordinance and continuing to do so after, are considered the licensees until certain conditions are met, such as applying for a relevant licence within two months of the commencement date. The Ordinance imposes various obligations on the parties governed by it. For instance, it requires the Director to apply specific conditions to certain licences and mandates that applicants for a Category A licence apply without objections during the specified period. It also imposes a duty on those who continue to supply liquor after the commencement of the Ordinance to apply for relevant licences within two months. Additionally, Section 63(2) provides the Director with the authority to vary or cancel licence terms on their own initiative or upon application by a licensee if it is deemed to be in the public interest. Section 100(6) also modifies the timeline within which certain appointments must be reported to the Director, depending on the date of the appointment. Breaches of the provisions under this Ordinance can lead to various civil or criminal consequences, though specific penalties are not detailed within the text provided. Generally, violations of liquor licensing laws can result in fines, licence suspension or revocation, and potential criminal charges depending on the severity and nature of the breach. For instance, operating without a valid licence or contravening the terms of a licence could lead to penalties as prescribed under the Liquor Licensing Act 1988, which might include substantial fines and imprisonment.

Area of Law: Liquor Law
Instrument: Ordinance
Concepts: Definitions & Interpretation; Regulatory Standards; Licensing & Registration; Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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