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This is a Bill, not an Act. For current law, see the Acts databases.
Liquor Legislation Amendment Bill 2008 No , 2008 A Bill for An Act to amend the Liquor Act 2007 to restrict the trading hours of licensed premises; to amend the Local Government Act 1993 in relation to alcohol-free zones; and for other purposes.
Clause 1 Liquor Legislation Amendment Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Liquor Legislation Amendment Act 2008. 3 2 Commencement 4 This Act commences on the date of assent to this Act. 5 3 Amendment of Liquor Act 2007 No 90 6 The Liquor Act 2007 is amended as set out in Schedule 1. 7 4 Amendment of Local Government Act 1993 No 30 8 The Local Government Act 1993 is amended as set out in Schedule 2. 9 5 Amendment of other Acts 10 The Acts specified in Schedule 3 are amended as set out in that 11 Schedule. 12 6 Repeal of Act 13 (1) This Act is repealed on the day following the day on which this Act 14 commences. 15 (2) The repeal of this Act does not, because of the operation of section 30 16 of the Interpretation Act 1987, affect any amendment made by this Act. 17 Page 2
Liquor Legislation Amendment Bill 2008 Amendment of Liquor Act 2007 Schedule 1 Schedule 1 Amendment of Liquor Act 2007 1 (Section 3) 2 [1] Section 11A 3 Insert after section 11: 4 11A Special licence condition--6-hour closure period for licensed 5 premises 6 (1) This section applies in relation to: 7 (a) any licence granted on or after 30 October 2008, and 8 (b) any licence in force before that date, but only if an 9 extended trading authorisation granted on or after that date 10 is in force in relation to the licensed premises concerned. 11 (2) A licence to which this section applies is subject to the condition 12 that liquor must not be sold by retail on the licensed premises for 13 a continuous period of 6 hours (as determined in accordance with 14 this section) during each consecutive period of 24 hours (the 15 6-hour closure period). 16 (3) Except as provided by subsection (4), the 6-hour closure period 17 for any particular licensed premises is the period that is approved 18 for the time being by the Authority. 19 (4) In the case of a licence: 20 (a) granted on or after 30 October 2008 but before the date on 21 which this section (as inserted by the Liquor Legislation 22 Amendment Act 2008) commenced, or 23 (b) granted by the Local Court (as provided by clause 25 of 24 Schedule 1) at any time after the date on which this section 25 commenced, 26 the 6-hour closure period for the licensed premises is, subject to 27 subsection (5), the period from 4 am to 10 am. 28 (5) The Authority may at any time, on application by the licensee or 29 by the Director or the Commissioner of Police, or on its own 30 initiative, approve of licensed premises having a different 6-hour 31 closure period than: 32 (a) the period as last approved by the Authority, or 33 (b) the period specified in subsection (4). 34 (6) Any such application by the licensee must be accompanied by the 35 fee prescribed by the regulations. 36 Page 3
Liquor Legislation Amendment Bill 2008 Schedule 1 Amendment of Liquor Act 2007 (7) To avoid doubt, during the 6-hour closure period for any licensed 1 premises: 2 (a) the licensed premises are not authorised to stay open for 3 the retail sale of liquor on the premises, and 4 (b) the licensee is not authorised to sell liquor by retail for 5 consumption away from the licensed premises. 6 (8) This section has effect despite any other provision of this Act (in 7 particular, those provisions relating to the standard trading period 8 for licensed premises). 9 (9) This section does not, however, apply to the sale or supply of 10 liquor to a resident of licensed premises if the liquor is sold or 11 supplied for consumption in the room in which the resident is 12 residing or staying. 13 (10) The regulations may also create exceptions to this section. 14 [2] Section 115 Declaration of restricted alcohol area 15 Omit "In that case, a person cannot, in respect of the same act or omission, be 16 convicted of an offence under that Act and an offence created by the 17 regulations for the purposes of this Division." from section 115 (3). 18 [3] Schedule 1 Savings and transitional provisions 19 Insert at the end of clause 1 (1): 20 Liquor Legislation Amendment Act 2008 21 Page 4
Liquor Legislation Amendment Bill 2008 Amendment of Local Government Act 1993 Schedule 2 Schedule 2 Amendment of Local Government Act 1 1993 2 (Section 4) 3 [1] Section 642 4 Omit the section. Insert instead: 5 642 Confiscation of alcohol in alcohol-free zones 6 (1) A police officer or an enforcement officer may seize any alcohol 7 (and the bottle, can, receptacle or package in which it is 8 contained) that is in the immediate possession of a person in an 9 alcohol-free zone if: 10 (a) the person is drinking alcohol in the alcohol-free zone, or 11 (b) the officer has reasonable cause to believe that the person 12 is about to drink, or has recently been drinking, alcohol in 13 the alcohol-free zone. 14 (2) Any alcohol or thing seized under this section is, by virtue of the 15 seizure, forfeited: 16 (a) if seized by a police officer--to the State, or 17 (b) if seized by an enforcement officer--to the council that 18 employs the officer. 19 (3) Any alcohol seized under this section may: 20 (a) be disposed of immediately by tipping it out of the bottle, 21 can, receptacle or package in which it is contained, or 22 (b) be otherwise disposed of in accordance with directions 23 given by the Commissioner of Police or the council (as the 24 case requires). 25 (4) In this section: 26 enforcement officer means an employee of a council authorised 27 in writing by the Commissioner of Police to be an enforcement 28 officer for the purposes of this section. 29 [2] Sections 643, 647 and 649 30 Omit the sections. 31 [3] Sections 644 (5) and 644B (4) 32 Omit "3 years" wherever occurring. Insert instead "4 years". 33 Page 5
Liquor Legislation Amendment Bill 2008 Schedule 2 Amendment of Local Government Act 1993 [4] Section 679 Penalty notices for certain offences 1 Omit "642," from section 679 (1). 2 [5] Schedule 8 Savings, transitional and other provisions consequent on 3 the enactment of other Acts 4 Insert at the end of clause 1 (1): 5 Liquor Legislation Amendment Act 2008, to the extent that it 6 amends this Act 7 [6] Dictionary 8 Omit "and in which the drinking of alcohol is accordingly prohibited in the 9 circumstances and to the extent provided by section 642" from the definition 10 of alcohol-free zone. 11 [7] Dictionary, definition of "enforcement officer" 12 Omit the definition. 13 Page 6
Liquor Legislation Amendment Bill 2008 Amendment of other Acts Schedule 3 Schedule 3 Amendment of other Acts 1 (Section 5) 2 3.1 Fines Act 1996 No 99 3 Schedule 1 Statutory provisions under which penalty notices issued 4 Omit ", 647" from the matter relating to the Local Government Act 1993. 5 3.2 Road Transport (Driver Licensing) Act 1998 No 99 6 [1] Section 20 Driver licensing system 7 Insert after section 20 (2) (m): 8 (m1) make provision for or with respect to extending the period 9 for which a person is required to hold a provisional licence 10 if the person: 11 (i) is convicted or found guilty of an offence under 12 section 129 (Minor must not use false evidence of 13 age) of the Liquor Act 2007, or 14 (ii) is issued with a penalty notice under section 150 of 15 the Liquor Act 2007 in respect of an alleged offence 16 under section 129 of that Act, and 17 [2] Section 20 (5) 18 Insert after section 20 (4): 19 (5) Any regulation made under subsection (2) (m1) has effect despite 20 anything to the contrary in section 150 (5) of the Liquor Act 2007. 21 Page 7
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