Commonwealth Numbered Regulations

1997 No. 57 AIRPORTS (CONTROL OF ON-AIRPORT ACTIVITIES) REGULATIONS - SCHEDULE 1

                      SCHEDULE 1                     Regulations 2.32,

2.42 and 2.62
MODIFICATIONS OF STATE LIQUOR LEGISLATION
PART 2 - LIQUOR CONTROL ACT 1987 OF VICTORIA 1. Section 53 (Extended hours
permit) 1.1 Sub-section 53 (2): Omit the subsection. 2. New section 62A 2.1
Before section 63, insert in Division 5 of Part 3: Interpretation

"62A. In this Division:
'commencing day' means the day on which Division 2.2 of Part 2 of the
Airports (Control of On-Airport Activities) Regulations of the Commonwealth
commenced;
'established club' means a club that was, on the commencing day, the holder of
an existing authority (within the meaning of Part 2 of the
Airports (Control of On-Airport Activities) Regulations of the Commonwealth )
at Melbourne Airport.". 3. Section 63 (Application for grant of licence or BYO
permit) 3.1 Paragraph 63 (5) (b): Omit the paragraph. 4. Section 64
(Application for grant of extended hours permit) 4.1 Sub-section 64 (5): Omit
"council of the municipality", substitute "airport-operator company". 4.2
Sub-section 64 (6): Omit the sub-section, substitute:

"(6) In considering an application under this section, the Commission must
have regard to any relevant matter raised by the airport-operator company.".
5. Section 65 (Application for variation) 5.1 Paragraph 65 (2) (f): Omit the
paragraph, substitute:

"(f) if the applicant is either the licensee or permittee - be accompanied by
evidence that the airport-operator company has consented to the variation;
and". 6. Section 70 (Copy of application to be given to police and to
municipality) 6.1 Sub-section 70 (1): Omit "must give a copy to - " and
paragraphs 70 (1) (d) and (e), substitute:

"must give a copy to the Chief Commissioner of Police.". 6.2 Add at the end:

"(3) This section does not apply to an application for a club licence or an
extended hours permit made by an established club within 6 months after the
commencing day.". 7. Section 71 (Objection by police) 7.1 Add at the end:

"(2) This section does not apply to an application for a club licence or an
extended hours permit made by an established club within 6 months after the
commencing day.". 8. Section 72 (Advertisement of application) 8.1 Omit the
section, substitute: Applicant to notify Chief Commissioner, etc.

"72. (1) An applicant for the grant, variation, transfer or removal of a
licence or extended hours permit must give written notice of the application
to:

   (a)  the Chief Commissioner of Police; and

   (b)  the Secretary to the Department of Infrastructure.

"(2) This section does not apply to an application for a club licence or an
extended hours permit made by an established club within 6 months after the
commencing day.". 9. Section 74 (Representations as to community interest) 9.1
Omit the section, substitute: Representations as to community interest

"74. (1) This section applies to:

   (a)  the Chief Executive Officer; and

   (b)  a licensing inspector; and

   (c)  the Chief Commissioner of Police; and

   (d)  the Secretary to the Department of Infrastructure.

"(2) If a person to whom this section applies considers that the grant,
variation, transfer, or removal of a licence or extended hours permit in
accordance with an application would not be in the interest of the community
in the neighbourhood where the premises to which the application relates are
situated, he or she may, within 14 days after the notice referred to in
section 72 is given, inform the Commission that he or she considers that the
grant, variation, transfer or removal of the licence or extended hours permit
would not be in that interest, and of the reasons why he or she holds that
opinion.

"(3) If the Commission determines that the grant, variation, transfer, or
removal of the licence or extended hours permit would not be in the interest
of the community, the Commission must refuse the application.

"(4) This section does not apply to an application for a club licence or an
extended hours permit made by an established club within 6 months after the
commencing day.". 10. Section 75 (Objection to grant or transfer of licence)
10.1 Sub-section 75 (1A): Omit the sub-section. 10.2 Sub-section 75 (2): Omit
the sub-section. 10.3 Add at the end:

"(7) This section does not apply to an application for a club licence or an
extended hours permit made by an established club within 6 months after the
commencing day.". 11. Section 76 (Recommendation as to community interest)
11.1 Omit the section. 12. Section 77 (Grant of application where no
objection) 12.1 Paragraph 77 (b): Omit the paragraph. 13. New section 77A 13.1
After section 77, insert: Special provision for certain clubs

"77A. If an established club applies, within 6 months after the commencing
day, for the grant of a club licence or an extended hours permit, and gives
the Commission the things mentioned in sub-section (2), the Commission must
grant the application.

"(2) The things are:

   (a)  a copy of the plans of the premises to which the licence will apply,
        showing the boundaries of the premises; and

   (b)  unless the Commission grants an authorisation under paragraph 58 (1)
        (a) - evidence that the rules of the club comply with Schedule 1.".
        14. Section 78 (Procedure where objection made) 14.1 Paragraph 78 (b):
        Omit the paragraph, substitute:

"(b) an objection is made under section 66, 71 or 75 to the grant of the
application; or".
PART 3 - LIQUOR ACT 1992 OF QUEENSLAND 1. Section 105 (Requirements for
application) 1.1 After paragraph 105 (c), insert:

"(ca) be accompanied by evidence that the airport-operator company consents to
the application; and". 2. Section 110 (Application for grant of extended hours
permit not on regular basis) 2.1 Subsection 110 (4): Omit the subsection,
substitute:

"(4) In considering an application under this section, the chief executive
must have regard to any objection or comment made to the chief executive by a
police officer under subsection (3).". 3. Section 116 (Public need relevant to
applications) 3.1 Omit the section. 4. Section 117 (Advice about application
etc.) 4.1 Section 117: Omit the section, substitute:

"117. (1) As soon as practicable after the chief executive receives an
application for a club licence, if the application is for an extended hours
permit, the chief executive must tell the Assistant Commissioner in charge of
the Police Service for the locality.

"(2) The Assistant Commissioner may comment on the reasonable requirements of
the public in the locality.". 5. Section 118 (Advertisement of applications)
5.1 Omit the section. 6. Section 118A (Submissions on public need) 6.1 Omit
the section. 7. Section 119 (Objection to grant of applications) 7.1 Omit the
section. 8. Section 120 (Requirements of objection by petition) 8.1 Omit the
section. 9. Section 121 (Conference of concerned persons and decision by chief
executive) 9.1 Omit the section. 10. Section 121A (Renewal of permits for
extension of hours beyond 3 a.m.) 10.1 Omit the section. 11. Section 122
(Procedure on receipt of objections) 11.1 Omit the section.
PART 5 - LIQUOR LICENSING ACT 1988 OF WESTERN AUSTRALIA 1. Section 67
(Advertisement of applications) 1.1 Omit the section. 2. Section 69 (Disposal
of applications, and interventions generally) 2.1 Subsections 69 (2) and (3);
Omit the subsections, substitute:

"(2) The Director shall cause the date of lodgement to be endorsed on each
notice of application.". 2.2 Paragraph 69 (4) (b): Omit the paragraph. 2.3
Subsections 69 (7) and (8): Omit the subsections. 2.4 Subsection 69 (12): Omit
the subsection. 3. Section 97 (Permitted hours of trading) 3.1 Omit the
section, substitute: Permitted hours of trading

"97. Subject to this Act and to any condition imposed by the licensing
authority, a licensee is authorised to sell liquor at any time during the day
or night, and on any day in the year.". 4. Section 98 (Obligatory hours of
trading) 4.1 Omit the section.