New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Liquor and Registered Clubs
Legislation Further Amendment Act
1999 No 27
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Liquor Act 1982 No 147 2
4 Amendment of Registered Clubs Act 1976 No 31 2
Schedules
1 Amendment of Liquor Act 1982 3
2 Amendment of Registered Clubs Act 1976 14
[20]
New South Wales
Liquor and Registered Clubs
Legislation Further Amendment Act
1999 No 27
Act No 27, 1999
An Act to amend the Liquor Act 1982 and the Registered Clubs Act 1976 with
respect to Governor's licences, entertainment for minors at nightclubs, the presence
of minors in registered clubs and other matters. [Assented to 7 July 1999]
Section 1 Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Liquor and Registered Clubs Legislation Further
Amendment Act 1999.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Liquor Act 1982 No 147
The Liquor Act 1982 is amended as set out in Schedule 1.
4 Amendment of Registered Clubs Act 1976 No 31
The Registered Clubs Act 1976 is amended as set out in Schedule 2.
Page 2
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Amendment of Liquor Act 1982 Schedule 1
Schedule 1 Amendment of Liquor Act 1982
(Section 3)
[1] Section 4 Definitions
Insert "and, in relation to a surf life saving club, includes any gathering of
members of the club (and their guests) organised by the club for social
purposes" after "entertainment" in the definition of function in section 4 (1).
[2] Section 4 (1)
Insert in alphabetical order:
racing club means a body (whether incorporated or
unincorporated) registered as a racing club by the NSW
Thoroughbred Racing Board, Harness Racing New South
Wales or the Greyhound Racing Authority (NSW).
surf life saving club means a body (whether incorporated or
unincorporated) that provides surf life saving services to
members of the public in New South Wales.
[3] Section 6 Application of Act
Insert "(or, in circumstances prescribed by the regulations, at other
premises)" after "relates" in section 6 (e).
[4] Section 19 Governor may authorise issue of certain licences
Insert after section 19 (2):
(2A) The Minister is not to make a recommendation under
subsection (1) unless the Minister is satisfied, on information
supplied by the Board or otherwise, that practices will be in
place at the licensed premises as soon as the licence is issued
that ensure, as far as reasonably practicable, that:
(a) liquor is sold, supplied and served responsibly on the
premises, and
(b) all reasonable steps are taken to prevent intoxication on
the premises,
and that those practices will remain in place while the licence
is in force.
Page 3
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Schedule 1 Amendment of Liquor Act 1982
[5] Section 19 (5)
Insert after section 19 (4):
(5) A licence issued under this section ceases to be in force:
(a) in the case of a licence authorising the sale of liquor at
a specified railway station--if the railway station ceases
to be regularly serviced by a passenger train (or a motor
omnibus or other motor vehicle) operated by or on
behalf of the State Rail Authority, or
(b) in the case of a licence authorising the sale of liquor on
premises referred to in subsection (1) (b)--if the
premises cease to be vested in the Crown or a public
authority constituted by an Act, or
(c) in the case of a licence authorising the sale of liquor at
a construction camp or works referred to in subsection
(1) (c)--if the construction camp or works have ceased
to exist, or
(d) in any case--on the expiry of a period of time, if the
licence so provides.
[6] Section 19A Duration of licences
Insert after section 19A (3):
(4) The provisions of this section, in so far as they apply to a
licence issued in accordance with section 19, apply in addition
to the provisions of section 19 (5).
[7] Section 22 Off-licence--miscellaneous conditions
Omit section 22 (4).
[8] Section 37 Making of application
Insert after section 37 (1):
(1A) An application for a dine-or-drink authority in respect of
premises already licensed as a restaurant need not be advertised
in a newspaper or in any other manner, except in so far as the
regulations otherwise provide.
Page 4
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Amendment of Liquor Act 1982 Schedule 1
[9] Section 51A Functions authorised by permanent on-licence (function)
Insert after section 51A (1) (b):
, and
(c) if the licence is held by a racing club or surf life saving
club--additional functions at which the sale and supply
of liquor is permitted by subsection (3B) or (3C).
[10] Section 51A (3A)(3E)
Insert after section 51A (3):
(3A) A reference in subsection (2) (a) to a function does not include
a reference to a function permitted by subsection (3B) or (3C).
(3B) Liquor may be sold or supplied under a licence held by a racing
club at functions held on any days on which the club holds race
meetings.
(3C) Liquor may be sold or supplied under a licence held by a surf
life saving club at functions, of which notice has been given in
accordance with subsection (3D), held on any Saturday, Sunday
or public holiday (other than a restricted trading day) in
connection with or following an activity associated with the
conduct or administration of surf life saving.
(3D) Notice in writing of a function referred to in subsection (3C)
must be given to the Commissioner of Police, the Director and
the council in whose area (within the meaning of the Local
Government Act 1993) the function is to be held, at least 14
days before the day of the function.
(3E) A licence held by a surf life saving club is subject to the
following conditions in respect of each function referred to in
subsection (3C):
(a) the function must be held on club premises (and if the
club has several premises, only on its principal
premises) and the only participants must be members of
the club and their guests, and
(b) the licensee must ensure that a register is kept on the
premises, in which such details as the Director may
require concerning any such function are recorded, and
Page 5
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Schedule 1 Amendment of Liquor Act 1982
(c) the function must have been approved by resolution
recorded in the records of the governing body of the
club, and
(d) food of a nature and quantity consistent with the
responsible sale, supply and service of alcohol must be
made available whenever liquor is made available at the
function, and
(e) liquor must not be made available at the function at any
time before 12 noon or after 10 pm on the day on which
the function is held, and
(f) liquor must not be made available at the function for a
period of more than 4 hours, and
(g) all persons engaged in the sale, supply or service of
liquor at the function must have successfully completed
a course of training, approved by the Board, that
promotes the responsible sale, supply and service of
liquor, and
(h) the licensee and persons engaged in the sale, supply or
service of liquor at the function must take all reasonable
steps to ensure that no liquor is available at the function
to any person under the age of 18 years, and
(i) the licensee must ensure that adequate adult supervision
is maintained at any time when persons under the age of
18 years are on the premises while the function is being
held, and
(j) police officers and special inspectors are to be permitted
full and free access to the premises where the function
is held, and to the register referred to in paragraph (b),
at all times while the function is being held.
[11] Section 56 Fee for grant of licence
Omit section 56 (9) (a). Insert instead:
(a) The authority:
(i) is not to be issued if one-quarter of the
prescribed fee has not been paid within 3
months after the authority is granted, and
Page 6
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Amendment of Liquor Act 1982 Schedule 1
(ii) is not to be issued until one-quarter of the
prescribed fee has been paid, and
(iii) does not take effect until the authority has been
endorsed on the on-licence concerned by the
Principal Registrar or another registrar, and
(iv) is automatically cancelled on the first
anniversary of its grant if any part of the fee for
the authority remains unpaid at that date.
(a1) If the authority is cancelled under paragraph (a) (iv),
amounts paid toward the prescribed fee are not
refundable to the applicant.
[12] Section 69D
Omit the section. Insert instead:
69D Court approval of manager
(1) An application for the court's approval of a person's
appointment as the manager of licensed premises is to be made
in the form approved by the Board.
(2) The court is not to give its approval unless satisfied that the
person concerned is a fit and proper person to manage licensed
premises.
(3) If the court is satisfied on the information before it that there is
nothing that might preclude it from giving its approval, but
requires more information before making a final decision, the
court may give a provisional approval of the person to be such
a manager.
(4) A provisional approval is sufficient to entitle the appointment
of the person, in accordance with section 69E, as manager of
the licensed premises concerned for a period specified by the
court. Any such appointment lapses, however, unless the court
confirms its approval within that period (or within such
extension of that period as the court may allow).
(5) An approval or provisional approval may be given so as to
apply in relation to particular licensed premises, to all licensed
premises of a specified class or to all licensed premises, as the
court thinks fit.
Page 7
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Schedule 1 Amendment of Liquor Act 1982
[13] Section 86JB Duty on approved gaming devices
Omit "as a debt due to the Crown" from section 86JB (3). Insert instead:
, as a debt due to the Crown, from:
(a) the hotelier, or
(b) any person who, at the time the amount became due,
was directly interested in the business, or the profits of
the business, carried on under the hotelier's licence.
[14] Section 86L Records and returns
Insert "(other than those connected to an authorised CMS)" after "gaming
devices" in section 86L (2).
[15] Section 104E
Insert after section 104D:
104E Trade Practices exemption
(1) In this section, local liquor accord means any code of practice,
memorandum of understanding or other arrangement:
(a) that affects the supply of liquor, or the opening and
closing of licensed premises, or both, and
(b) that is entered into in writing between two or more
licensees (or between one or several licensees and one
or several clubs registered under the Registered Clubs
Act 1976), with the approval of the Commissioner of
Police or a delegate of the Commissioner, for the
purpose of eliminating or reducing alcohol-related
violence or anti-social behaviour or other alcohol-
related harm.
(2) Entry by any person into a local liquor accord to which this
section applies, and any conduct on the part of any person for
the purpose of promoting or giving effect to the terms of a local
liquor accord, are specifically authorised by this Act for the
purposes of the Trade Practices Act 1974 of the
Commonwealth and the Competition Code of New South
Wales.
Page 8
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Amendment of Liquor Act 1982 Schedule 1
(3) Conduct authorised by subsection (2) is authorised only to the
extent (if any) to which the conduct, so far as it consists of
things done to regulate the supply of liquor or in some other
respect, would otherwise contravene Part IV of the Trade
Practices Act 1974 of the Commonwealth or the Competition
Code of New South Wales.
[16] Section 111A Functions for minors on licensed premises
Insert "or a nightclub licence" after "hotelier's licence" in section 111A (1).
[17] Section 111B Procedure for grant of minors functions authority
Insert "or a nightclub licence" after "hotelier's licence" in section 111B (1).
[18] Section 111C Conditions of minors functions authority
Insert after section 111C (2):
(2A) In addition to conditions imposed by or under subsections (1)
and (2), a minors functions authority in force in relation to the
licensed premises of a nightclub is subject to the following
conditions:
(a) no liquor is to be sold or supplied on the premises while
any function is being held pursuant to the authority,
(b) a period of one hour (or such longer period as the court
may approve) must elapse, following the conclusion of
any such function, before the sale or supply of liquor on
the premises is resumed.
[19] Section 112 Authority for use of part of premises by minor in company
of responsible adult
Omit "or the Commissioner" where secondly occurring in section 112 (1).
[20] Section 116A Offences by minors in hotels, nightclubs and restaurants
Omit "subsection (1) or (2)" from section 116A (3).
Insert instead "this section".
Page 9
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Schedule 1 Amendment of Liquor Act 1982
[21] Section 116B Offences by licensees in relation to minors
Insert after section 116B (4):
(5) Subsections (1) (c) and (2) (c) do not apply to that part of any
licensed premises to which a minors functions authority under
section 111A applies and in which, at the material time, a
function is being held in pursuance of the authority.
[22] Section 139 False or misleading statements
Insert ", or could reasonably be expected to know" after "knows" in section
139 (1).
[23] Section 140 Averments
Insert "(however expressed)" after "allegation" where firstly occurring in
section 140 (1).
[24] Section 140 (1) (d8)(d13)
Insert after section 140 (1) (d7):
(d8) that a minors functions authority is in force in respect of
a specified part of any premises,
(d9) that an authorisation under section 112 is in force in
respect of a specified part of any premises,
(d10) that a specified area is a reception area,
(d11) that a specified condition has been, and remains,
imposed on a specified licence,
(d12) that a specified person has been approved under
Division 8A of Part 3 as the manager of specified
licensed premises,
(d13) that a specified gaming device is an approved gaming
device,
Page 10
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Amendment of Liquor Act 1982 Schedule 1
[25] Section 161 Authority to keep approved gaming devices
Insert after section 161 (12):
(13) If the hotelier's licence is held by a body corporate or a
partnership, an application under this section may be lodged,
and supporting information may be furnished and verified, on
the hotelier's behalf by the manager approved by the court
under Division 8A of Part 3.
[26] Section 200AA Meaning of "connected" to an authorised CMS
Omit "to the CMS licensee" from section 200AA (1).
[27] Section 200AA (2A)
Insert after section 200AA (2):
(2A) Such arrangements may make provision for or with respect to
the time within which, and the person to whom, information is
to be furnished.
[28] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Liquor and Registered Clubs Legislation Further Amendment
Act 1999
[29] Schedule 1 Savings and transitional provisions
Insert in appropriate order and with appropriate Part and clause numbers:
Part Liquor and Registered Clubs Legislation Further
Amendment Act 1999
Definition
In this Part, amending Act means the Liquor and Registered
Clubs Legislation Further Amendment Act 1999.
Page 11
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Schedule 1 Amendment of Liquor Act 1982
Authorisation and cancellation of Governor's licences
(1) Section 19 (2A) applies in respect of an application for a
Governor's licence that was made but not determined before
the date on which that subsection commenced, as well as in
respect of applications made on or after that date.
(2) A Governor's licence:
(a) that is of a kind referred to in paragraph (a), (b) or (c) of
section 19 (5), and
(b) in respect of which an event of the kind referred to in
any of those paragraphs occurred before the
commencement of that subsection, and
(c) under which liquor is still being sold or supplied at the
commencement of that subsection,
ceases to be in force 2 years after the commencement of that
subsection, unless sooner cancelled or surrendered in
accordance with this Act.
Advertising of dine-or-drink authorities
(1) Section 37 (1A) applies to an application under section 37 that
was made but not determined before the date on which that
subsection commenced, as well as to applications made on or
after that date.
(2) Section 56, as amended by the amending Act, applies in respect
of an application under section 23AD that was made but not
determined before the date on which the amendment took
effect, as well as in respect of applications made on or after that
date.
Function licences held by racing clubs and surf life saving clubs
Section 51A, as amended by the amending Act, applies in
respect of a function licence in force on the date on which the
amendments took effect, as well as in respect of a licence
granted on or after that date.
Page 12
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Amendment of Liquor Act 1982 Schedule 1
Approval of managers of licensed premises
The provisions of section 69D, as inserted by the amending
Act, apply in respect of an application for approval that was
made but not determined before the date on which those
provisions commenced, as well as in respect of applications
made on or after that date.
Recovery of duty on approved gaming devices
Section 86JB, as amended by the amending Act, applies in
respect of any amount of duty that became or becomes due
from a hotelier on or after 1 January 1998.
Trade practices exemption
Section 104E applies to a local liquor accord entered into
before or after the commencement of that section.
Authority for use of part of premises by minor
The amendment made by the amending Act to section 112 does
not affect any condition imposed on an authorisation granted
under that section before the amendment took effect.
Page 13
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Schedule 2 Amendment of Registered Clubs Act 1976
Schedule 2 Amendment of Registered Clubs Act 1976
(Section 4)
[1] Section 4 Definitions
Omit the definition of guest from section 4 (1). Insert instead:
guest:
(a) of a full member, provisional member or honorary
member of a registered club, means a person:
(i) whose name and address (unless the person is a
minor), countersigned by the member, are
entered in a register kept for the purpose by the
club, and
(ii) who, at all times while on the club premises,
remains in the reasonable company of the
member, and
(iii) who does not remain on the club premises any
longer than the member, and
(b) of a temporary member of a registered club, means a
minor:
(i) who, at all times while on the club premises,
remains in the company and immediate presence
of the member, and
(ii) who does not remain on the club premises any
longer than the member, and
(iii) in relation to whom the member is a responsible
adult.
[2] Section 4 (1), definition of "responsible adult"
Insert in alphabetical order:
responsible adult means a person of or above the age of 18
years who, in relation to a minor, belongs to one or more of the
following classes of persons:
(a) a parent, step-parent or guardian of the minor,
Page 14
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Amendment of Registered Clubs Act 1976 Schedule 2
(b) the minor's spouse or any person who, although not
legally married to the minor, ordinarily lives with the
minor as the minor's spouse on a permanent and
domestic basis,
(c) a person who for the time being has parental
responsibility for the minor.
[3] Section 30 Rules of registered clubs
Insert "(or a subclass of full members determined by a rule of the kind
referred to in subsection (9))" before "are entitled" in section 30 (1) (a).
[4] Section 30 (9) (a)
Omit "annual".
[5] Section 45 Unauthorised persons using defined premises of registered
club
Omit "full member, a provisional member or an honorary" from section 45
(1) (a).
[6] Section 45 (2)
Omit "full members, provisional members and honorary" from section 45
(2).
[7] Section 51A Minors passing through poker machine areas
Omit the section.
[8] Section 51B
Insert before section 52:
51B Sale or supply of liquor by minor
(1) If in a registered club a person under the age of 18 years is
permitted to sell, supply or serve liquor on the premises of the
club, the registered club and the secretary of the club are each
guilty of an offence.
Maximum penalty: 50 penalty units.
Page 15
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Schedule 2 Amendment of Registered Clubs Act 1976
(2) No offence is committed under this section if the person under
the age of 18 years:
(a) was permitted to sell, supply or serve liquor only in the
dining rooms or other unrestricted areas of the club, and
(b) was permitted to do so with the consent of the Board
(proof of which lies on the defendant).
[9] Section 52AA
Insert after section 52:
52AA Minors passing through bars or poker machine areas
(1) It is a sufficient defence to a prosecution for an offence arising
under section 50 (1) (b) or (2A), 50A, 51 (1) (e) or 52 if it is
proved that the minor concerned:
(a) was present in the bar or poker machine area only for so
long as was reasonably necessary to pass through it in
order conveniently to gain access to another area of the
club that the minor may enter without contravening this
Act, and
(b) was at all times while in the bar or poker machine area
in the company and immediate presence of a
responsible adult.
(2) The defences provided by this section are in addition to any
other available defences.
[10] Section 55 False or misleading statements
Insert ", or could reasonably be expected to know" after "knows" in section
55 (1).
[11] Section 66 Penalty notices
Insert "or Division 6 of Part 11" after "17AAA" wherever occurring in
section 66 (4) and (6).
Page 16
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Amendment of Registered Clubs Act 1976 Schedule 2
[12] Section 67 Power to demand certain particulars from certain persons
on premises of registered clubs
Insert ", or a minor who is the guest of a member" after "club" wherever
occurring in section 67 (2) (b) (i) and (3) (b) (i).
[13] Section 76A
Insert after section 76:
76A Trade Practices exemption
(1) In this section, local liquor accord means any code of practice,
memorandum of understanding or other arrangement:
(a) that affects the supply of liquor, or the opening and
closing of registered clubs, or both, and
(b) that is entered into in writing by two or more registered
clubs (or between one or several registered clubs and
one or several persons licensed under the Liquor Act
1982), with the approval of the Commissioner of Police
or a delegate of the Commissioner, for the purpose of
eliminating or reducing alcohol-related violence or anti-
social behaviour or other alcohol-related harm.
(2) Entry by any person into a local liquor accord to which this
section applies, and any conduct on the part of any person for
the purpose of promoting or giving effect to the terms of a local
liquor accord, are specifically authorised by this Act for the
purposes of the Trade Practices Act 1974 of the
Commonwealth and the Competition Code of New South
Wales.
(3) Conduct authorised by subsection (2) is authorised only to the
extent (if any) to which the conduct, so far as it consists of
things done to regulate the supply of liquor or in some other
respect, would otherwise contravene Part IV of the Trade
Practices Act 1974 of the Commonwealth or the Competition
Code of New South Wales.
[14] Section 87H Records and returns
Insert "(other than devices connected to an authorised centralised
monitoring system)" after "gaming devices" in section 87H (2) (a).
Page 17
Liquor and Registered Clubs Legislation Further Amendment Act 1999
No 27
Schedule 2 Amendment of Registered Clubs Act 1976
[15] Schedule 2 Transitional provisions
Insert at the end of clause 1A (1):
Liquor and Registered Clubs Legislation Further Amendment
Act 1999
[16] Schedule 2 Transitional provisions
Insert in appropriate order and with appropriate Part and clause numbers:
Part Liquor and Registered Clubs Legislation Further
Amendment Act 1999
Trade practices exemption
Section 76A applies to a local liquor accord entered into before
or after the commencement of that section.
[Minister's second reading speech made in--
Legislative Assembly on 23 June 1999
Legislative Council on 1 July 1999]
BY AUTHORITY
Page 18
[Index] [Search] [Download] [Related Items] [Help]