Liquor Licensing Act 1988 (WA)(CKI) (Amendment) Ordinance 1994

Overview

The Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1994 was enacted to bring several amendments to the Liquor Licensing Act 1988, which governs the sale and supply of liquor on the Territory of Cocos (Keeling) Islands. The Ordinance 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 Cocos (Keeling) Islands Act 1955. The policy objective of these amendments appears to be the refinement and clarification of the existing liquor licensing framework to better address the unique needs and circumstances of the Cocos (Keeling) Islands community. The changes include modifying the interpretation of terms related to liquor sales, extending deadlines for certain licensing obligations, and updating the process for appointing temporary managers for licensed premises.

Scope and Application

The Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1994 applies to the territory of Cocos (Keeling) Islands, governing the regulation of liquor licensing within the jurisdiction. The Act amends the original Liquor Licensing Act 1988, extending its application to cover various aspects of liquor licensing, including interpretation of terms, division of responsibilities, and requirements for licences and permits. The amendments also extend the time frames for certain obligations under the Act, such as the division of responsibilities and the requirements for restaurant licenses, to 30 June 1995. Additionally, the Act introduces provisions for the approval process for temporary managers of licensed premises. The Ordinance provides for certain exclusions and thresholds, such as the exclusion of freight and delivery charges from the definition of "amount paid or payable for liquor" under specific conditions. The scope of the Act is further defined through subordinate instruments, which may provide further detail or extend its application in specific circumstances.

Key Provisions

The Liquor Licensing Act 1988 (W.A.) (C.K.I.) (Amendment) Ordinance 1994 amends several sections of the Liquor Licensing Act 1988 (W.A.) (C.K.I.), introducing new provisions and modifying existing ones. Section 4, which interprets "amount paid or payable for liquor" and the point of sale, is modified to allow freight and delivery charges to be included unless the Director decides otherwise, or if they are paid to a common carrier (Section 4.1). Section 30's Division of responsibilities is altered to extend the date from 30 June 1994 to 30 June 1995 (Section 5.1). The requirements relating to licences and permits are extended to include any time from the commencement of the Ordinance until 30 June 1995 (Section 6.1). Similarly, the provisions regarding restaurant licences and restrictions on varying terms or conditions are also extended to 30 June 1995 (Sections 7.1 and 8.1). Additionally, Section 100 introduces a new requirement for licensees to apply to the Director for approval if a temporary manager is appointed who is not already approved (Section 9.1). The Act imposes several obligations on parties it governs. The Director of the Liquor Licensing Act is given the authority to decide whether freight and delivery charges are included in the amount paid or payable for liquor (Section 4.1). Licensees must apply to the Director for approval if they appoint a temporary manager who is not already approved (Section 9.1). Furthermore, all obligations and requirements previously stipulated in the Act, now extended to 30 June 1995, must still be adhered to by the licensees (Sections 5.1, 6.1, 7.1, and 8.1). The Ordinance also outlines specific offences, penalties, or consequences for breaches. Although the Ordinance does not explicitly state penalties, any breaches of the amended provisions would likely be subject to the penalties stipulated in the original Liquor Licensing Act 1988 (W.A.) (C.K.I.). For example, failing to apply for approval for a temporary manager within the stipulated period could result in legal consequences as per the original Act. Additionally, any other breaches of the amended provisions would be subject to penalties under the original Act, which could include fines or other sanctions deemed appropriate by the relevant authorities.