REGISTERED CLUBS ACT 1976 - SCHEDULE 2

REGISTERED CLUBS ACT 1976 - SCHEDULE 2

SCHEDULE 2 – Savings, transitional and other provisions

(Section 76)

Part 1A - Preliminary

1A Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.

(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done, or omitted to be done, before the date of its publication.

Part 1 - Provisions relating to repeal of Liquor Act 1912

1

In this Schedule,
"the previous Act" means the Liquor Act 1912 .

2

(1) Any application or conditional application, or proceedings on any application or conditional application, under a provision of the previous Act, being an application or conditional application or proceedings that had been lodged or commenced but had not been finally dealt with or completed before the commencement of this Act, may be pursued, continued, dealt with, heard and determined, adjudicated upon and completed under the corresponding provision of this Act.

(2) Any complaint under section 148 of the previous Act made before the commencement of this Act, the matter of which complaint had not been heard and determined, adjudicated upon and completed by the licensing court before that commencement, may be so heard and determined, adjudicated upon and completed in all respects as if this Act had not been enacted except that the determination of the licensing court on the matter of the complaint shall be a determination referred to in section 17 (2) and shall be subject to appeal under the provisions of this Act as if it were an adjudication of the licensing court in respect of a complaint under section 17 (1).

(3) Any complaint under section 148A of the previous Act made before the commencement of this Act or proceedings on such a complaint, the matter of which complaint had not been heard and determined, adjudicated upon and completed by the licensing court before that commencement, may be so heard and determined, adjudicated upon and completed under section 35.

(4) An adjudication of the licensing court that was made under a provision of the previous Act and against which an appeal could, but for the amendments made by section 74 (1) and Part 1 of Schedule 1, have been lodged under the previous Act before the commencement of this Act is subject to appeal under the provisions of this Act as if it were an adjudication under the provision of this Act that corresponds to that provision of the previous Act.

3

A certificate of registration under the previous Act in force immediately before the commencement of this Act shall be deemed to be a certificate of registration issued and in force under this Act.

4

The grant of a conditional application under section 136A, or the conditional grant of an order under section 145 (2), of the previous Act, being a grant of such an application or being such an order in force immediately before the commencement of this Act, shall respectively be deemed to be grants of conditional applications under section 18.

5

A permission granted under section 145A of the previous Act and in force immediately before the commencement of this Act shall be deemed to be an authority granted under section 20.

6

An order under section 145 (3) of the previous Act in force immediately before the commencement of this Act shall be deemed to be an authority granted under section 21.

7

A permission granted to a registered club under section 51B of the previous Act and in force immediately before the commencement of this Act shall be deemed to be an authority granted under section 22.

8

A permission granted under section 139A of the previous Act and in force immediately before the commencement of this Act shall be deemed to be an authority granted under section 23.

9

Where the certificate of registration of a club under the previous Act was, at the commencement of this Act, suspended, that club shall, until the suspension would but for the amendments effected by section 74 (1) and Part 1 of Schedule 1 have expired, be deemed to be disqualified from holding a certificate of registration.

10

A declaration made under section 148A (4) (a) or (b) of the previous Act shall have the same effect as if it were a declaration under section 35 (4) (a) or (b), as the case may be.

11

(1) For the purposes of this Act, in respect of a club in respect of which a certificate of registration under the previous Act, in force immediately before the commencement of this Act, was held--

(a) the premises of that club are the premises in respect of which that certificate of registration was held until other premises are, under subclause (2) (a) or section 5 (1) (a), defined or described as the premises of the club, and

(b) the defined premises of that club are--

(i) except as provided in subparagraph (ii)--the premises of that club in respect of which that certificate of registration was held, or

(ii) where on any plan submitted in connection with an application made under the previous Act there was endorsed by a licensing magistrate any statement indicating that that certificate of registration extended only to a specified part of the premises of that club--that specified part,

until the licensing court, under subclause (2) (b) or section 5 (1) (b), specifies differently.

(2) The licensing court may, upon an application made by the district inspector in respect of a club in respect of which a certificate of registration under the previous Act, in force immediately before the commencement of this Act, was held--

(a) define or describe the premises of the club in respect of which the certificate of its registration is in force, and

(b) specify that those premises, or such part of those premises as is defined or described by the licensing court, are or is the defined premises of the club.

(3) Not more than one application may be made under subclause (2) (a) or (b) in respect of the same club.

(4) For the purposes of this Act, the premises, defined or described as referred to in subclause (2) (a), of a registered club are the premises of that club in respect of which the certificate of its registration is in force until other premises are, under section 5 (1), defined or described as the premises of the club.

(5) For the purposes of this Act, the premises or part of the premises of a registered club that are or is specified under subclause (2) (b) are the defined premises of that registered club until the licensing court, under section 5 (1), specifies differently.

12

A person who immediately before the commencement of this Act held office as the secretary of a registered club under the previous Act shall be deemed to have been approved under section 33 as the secretary of that club.

13

A proclamation or order made under a provision of the previous Act specified in column 1 of the Table to this clause and in force at the commencement of this Act shall be deemed--

(a) to be an order made under the provision of this Act specified in column 2 of that Table, and

(b) to have been so made for the purposes of the provision of this Act specified in column 3 of that Table,

Table

14

If a person is, at the commencement of this Act, prevented by the rule referred to in section 30 (1) (b) from holding office as a member of the governing body of a club in respect of which a certificate of registration under the previous Act, in force immediately before that commencement, was held, the position of that person as a member of the governing body of that club becomes vacant on that commencement and may be filled as a casual vacancy.

15

A person who became a member of a registered club before the commencement of this Act shall--

(a) if he or she was elected to membership of the club for life, be deemed to be a life member of the club,

(b) if he or she was elected to membership of the club in accordance with a rule of the club referred to in section 135 (1) (d) of the previous Act or if, immediately before the grant under the previous Act of the certificate of registration in respect of the club or of the conditional application, if any for the certificate of registration in respect of the club whichever was granted the later, he or she was a member of the club, not being a person who, under the rules of the club, was a life member, an honorary member or a temporary member of the club, be deemed to be an ordinary member of the club,

(c) if he or she was admitted as an honorary member of the club or as an honorary and temporary member of the club, be deemed to be an honorary member of the club, or

(d) except as provided in paragraphs (a), (b) and (c), be deemed to be a temporary member of the club.

16

Section 49 applies to and in respect of a registered club in respect of any amendment to its rules made before the commencement of this Act as if section 49 had been in force when the amendment was made unless section 135A of the previous Act was complied with in relation to the amendments.

17

(1) A registered club that has more than 1 certificate of registration under this Act shall, within 12 months after the commencement of the Registered Clubs (Further Amendment) Act 1985 , surrender those certificates to the Board.

(2) A certificate of registration of a club which is not surrendered in accordance with subclause (1) shall be deemed to be cancelled.

(3) Where any certificates of registration are surrendered by a registered club under subclause (1) or are deemed to be cancelled under subclause (2), the Board shall, subject to section 5A, issue to the club 1 certificate of registration in respect of all the premises to which the surrendered or cancelled certificates related.

(4) A certificate of registration issued by the Board under subclause (3) is subject to such conditions as the Board imposes and any such condition imposed by the Board shall, for the purposes of this Act, be deemed to be a condition imposed by the Licensing Court under section 9A.

(5) A certificate of registration issued by the Board under subclause (3) shall be deemed to be a certificate of registration issued under Part 2.

Part 1B - Provisions relating to enactment of Registered Clubs (Liquor) Amendment Act 1982

17A Transitional provisions

(1) A condition to which, pursuant to section 9A (as in force immediately before its amendment by the amending Act), the certificate of registration of a club was subject immediately before 1 July 1983 is taken to be a condition imposed on that day under section 9A, as amended by the amending Act.

(2) A fee paid by a registered club before 1 July 1983 for renewal of its certificate of registration on and from that day is taken to be the fee paid by the club under section 15, as amended by the amending Act, in respect of the licensing period that commenced on that day.

(3) The provisions of this Act, as amended by the amending Act, that relate to the reassessment of a registration fee apply to and in respect of a fee paid by a registered club before 1 July 1983 for renewal of its certificate of registration as if the fee so paid had been assessed as a registration fee under this Act, as amended by the amending Act.

(4) Section 16, as amended by the amending Act, applies to and in respect of a certificate of registration of a club in force immediately before 1 July 1983 in the same way as it applies to and in respect of such a certificate granted on or after that day unless renewal of the certificate of registration was refused before 1 July 1983 or is, pursuant to an application made before that day, refused on or after that day.

(5) Where a notice given before 1 July 1983 would, if the amending Act had not been enacted, have been duly given for the purposes of this Act, it is taken to have been duly given for the purposes of this Act, as amended by the amending Act.

(6) An objection to an application taken under this Act before 1 July 1983 and not finally heard and determined before that day is to be heard and determined as if the amending Act had not been enacted.

(7) This clause is taken to have commenced on 1 July 1983 (the date of commencement of the amending Act).

(8) Subclauses (1)-(6) re-enact (with minor modifications) clauses 2-7 of Schedule 10 to the amending Act. Subclauses (1)-(6) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.

(9) In this clause--


"amending Act" means the Registered Clubs (Liquor) Amendment Act 1982 .

Part 1C - Provisions relating to enactment of Registered Clubs (Amendment) Act 1986

17B Transitional provisions

(1) Where an application for a licence is made, but not determined, before the appointed day, the applicant is, between the commencement of that day and--

(a) where the application is refused--the time the applicant is notified of the refusal by posting advice of the refusal to the address of the applicant last known to the Board, or

(b) where the application is granted--the expiration of 14 days after the applicant is, in the same way, notified of the granting of the licence,

taken to be the holder of a licence of the kind applied for.

(2) If the Licensing Court, upon cause shown, so directs, subclause (1) ceases to apply to a specified applicant to whom or to which, but for this clause and the direction, it would apply.

(3) Subject to any directions given by the Board to a particular licensee, or to licensees of a particular class of licensees, a reference in this Act to an established poker machine includes a reference to a poker machine (not being an approved poker machine)--

(a) that, immediately before the appointed day, was in the possession of a person who, on the appointed day is, or is taken to be, a licensee, or

(b) that is manufactured on or after the appointed day by a person who, at the time of the manufacture is, or is taken to be, the holder of a dealer's licence, or

(c) that, on or after the appointed day, is the subject of a contract--

(i) entered into by any person before the appointed day, or

(ii) entered into on or after the appointed day by a person who is, or is taken to be, a licensee.

(4) The Board may, by notification in the Gazette, terminate the operation of subclause (3).

(5) This clause is taken to have commenced on 21 May 1986 (the date of assent to the amending Act).

(6) Subclauses (1)-(4) re-enact (with minor modifications) clauses 2-4 of Schedule 3 to the amending Act. Subclauses (1)-(4) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.

(7) In this clause--


"amending Act" means the Registered Clubs (Amendment) Act 1986 .


"appointed day" means the day appointed under section 116, as inserted by the amending Act.

Part 1D - Provisions relating to enactment of Registered Clubs (Amendment) Act 1988

17C Transitional provision

(1) A person who, but for this clause, would be required by this Act, as amended by the amending Act, to hold a licence in relation to subsidiary equipment is not required to hold such a licence until--

(a) a day notified by the Liquor Administration Board in the Gazette for the purposes of section 4 of the amending Act or this clause, or

(b) if an application for the licence was lodged before that day--until notified of the result of the application.

(2) This clause is taken to have commenced on 19 December 1988 (the date of assent to the amending Act).

(3) Subclause (1) re-enacts (with minor modifications) section 4 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.

(4) In this clause--


"amending Act" means the Registered Clubs (Amendment) Act 1988 .

Part 1E - Provisions relating to enactment of Registered Clubs (Amendment) Act 1990

17D Transitional provisions

(1) If, immediately before 1 August 1990 (the date of commencement of Schedule 2 to the amending Act), a police officer--

(a) held office under the Liquor Act 1982 as superintendent of licences or as a licensing inspector, and

(b) had commenced to exercise a function conferred or imposed by this Act on a holder of the office,

the police officer may, after that commencement, complete the exercise of the function as if it had been delegated to the officer under section 6A, as amended by the amending Act.

(2) If anything done by the Principal Registrar of the Licensing Court--

(a) still has effect immediately before the commencement of a provision of the amending Act, and

(b) could be done by the Director of Liquor and Gaming after that commencement,

it has effect on and after that commencement as if it had been done by the Director of Liquor and Gaming.

(3) If a condition to which a certificate of registration under this Act is subject immediately before 1 August 1990 includes a reference to the superintendent of licences or to a licensing inspector, the reference is to be read on and after that day as a reference to a police officer who is a delegate of the Commissioner of Police for the purposes of the reference.

(4) If, immediately before the repeal of section 20A by the amending Act on 1 September 1990--

(a) an application that had been made for an order under that section in relation to club premises had not been disposed of, or

(b) the Liquor Administration Board was considering whether or not to make such an order of its own motion, or

(c) an order in force under that section had not been complied with,

that section continues to have effect in relation to the club premises as if it had not been repealed.

(5) Section 6A, as amended by the amending Act, applies in relation to a function that may be exercised for the purposes of Schedule 6 to the amending Act or this clause in the same way as it applies in relation to a function conferred or imposed by this Act, as amended by the amending Act.

(6) This clause is taken to have commenced on 14 June 1990 (the date of assent to the amending Act).

(7) Subclauses (1)-(5) re-enact (with minor modifications) Schedule 6 to the amending Act. Subclauses (1)-(5) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.

(8) In this clause--


"amending Act" means the Registered Clubs (Amendment) Act 1990 .

Part 2 - Provisions relating to enactment of Registered Clubs (Further Amendment) Act 1990

18 Proceedings relating to complaints

(1) Sections 17 and 35 as amended by Schedule 1 (2) (c) and (4) to the Registered Clubs (Further Amendment) Act 1990 apply to proceedings before the Licensing Court whether the proceedings were commenced before or after the amendments took effect.

(2) The increase in the maximum penalty referred to in section 17 (2) (c) made by the amendment contained in Schedule 1 (2) (a) to the Registered Clubs (Further Amendment) Act 1990 applies only to matters (which are the subject of complaints) occurring after the commencement of that amendment.

Part 3 - Provisions relating to enactment of Registered Clubs (Amendment) Act 1993

19 Definitions

In this Part--


"1993 Act" means the Registered Clubs (Amendment) Act 1993 .


"introduction date" means the date of introduction into Parliament of the Bill for the 1993 Act, whether or not the 1993 Act was enacted in the form of the Bill as introduced.

21 Existing profits, benefits and advantages

Any person (including a registered club) may, after the amendment of section 10 (1) (j) by the 1993 Act, continue to derive any profit, benefit or advantage to which the person was lawfully entitled immediately before that amendment.

22 Club rules

(1) For the period of 1 month that next succeeds the insertion of section 30 (2A) by the 1993 Act, that subsection does not apply in relation to a registered club that, during that period, has rules providing for the admission of honorary members or temporary members.

(2) A registered club to which section 30 (7A) applies immediately before its repeal is not affected by the repeal until the expiration of the period of 3 months that next succeeds the repeal.

23 Restrictions on certain officials (registered clubs)

(1) On and after the commencement of section 59A and despite its provisions--

(a) section 59A (1) (b) and (4) (b) do not apply in relation to a key official during the unexpired term of office as a member of the governing body of a registered club held by the key official immediately before the introduction date, and

(b) section 59A (1) (e) and (f), (4) (c) and (7) (a) and (b) do not apply to prohibit the continuation of any employment of a key official that existed immediately before the introduction date, and

(c) section 59A (2), (3), (5), (6) and (7) (c) and (d) do not apply to prohibit a business or financial association, or a business or financial interest, that existed immediately before the introduction date.

(2) On and after the commencement of section 59B and despite its provisions, a reference in that section to a former key official does not include a reference to a person who was a former key official immediately before the introduction date.

(3) This clause does not affect the operation of section 80 (1) or (2) of the Public Sector Management Act 1988 , despite section 80 (3) of that Act.

24 Restrictions on certain officials (licences)

(1) On and after the commencement of section 59C and despite its provisions--

(a) section 59C (1) (a) does not apply to prohibit the continuation of any employment of a key official that existed immediately before the introduction date, and

(b) section 59C (1) (c) and (4) (a) do not apply to prohibit the continuation of any employment of a key official that existed immediately before the introduction date, and

(c) section 59C (2), (3) and (4) (b) and (c) do not apply to prohibit a business or financial association, or a business or financial interest, that existed immediately before the introduction date.

(2) On and after the commencement of section 59D and despite its provisions, a reference in that section to a former key official does not include a reference to a person who was a former key official immediately before the introduction date.

(3) This clause does not affect the operation of section 80 (1) or (2) of the Public Sector Management Act 1988 , despite section 80 (3) of that Act.

25 Investigation of certain devices

On the commencement of section 77A as inserted by the 1993 Act, that section applies in relation to an application for a declaration of a device as an approved poker machine made, but not determined, before that commencement in the same way as it applies in relation to such an application made after that commencement.

26 Approval of poker machine

(1) An approval by the Board of a poker machine, or of a class of poker machines, that was in force immediately before the commencement of section 77B as inserted by the 1993 Act has effect at that commencement as a declaration under that section to the effect that the poker machine, or a poker machine of that class, is an approved poker machine.

(2) If, before the commencement of section 77B (2) (b) as inserted by the 1993 Act--

(a) the Board had made in relation to a device a declaration of a kind referred to in that paragraph, and

(b) the declaration was in force immediately before that commencement,

the declaration is taken to have been made in accordance with that paragraph.

28 Poker machines not used for gaming

An approval in force under section 123 immediately before the repeal and substitution of that section by the 1993 Act continues in force after the repeal as if that section had not been repealed and substituted.

29 General

(1) If anything done or commenced under a provision repealed or amended by the 1993 Act could have been done or commenced under a provision of this Act if the amendments made by the 1993 Act had been in force when the thing was done or commenced, it is taken to have been done or commenced under this Act as amended by the 1993 Act.

(2) This Part has effect in addition to, and does not derogate from, section 30 of the Interpretation Act 1987 .

Part 4 - Registered Clubs (Taxation) Amendment Act 1993

30 Definitions

In this Part--


"the amending Act" means the Registered Clubs (Taxation) Amendment Act 1993 .


"the Regulation" means the Registered Clubs Regulation 1983 .

31 Purpose of provisions

The purpose of this Part is to ensure a continuity of operation (as provisions of this Act) of those provisions of the Regulation that are repealed by the amending Act and re-enacted as provisions of this Act.

33 Amendments etc do not affect existing liabilities

(1) The amendments made to this Act and the Regulation by the amending Act and the repeal of the Gaming and Betting (Poker Machines) Taxation Act 1956 do not affect any existing right, entitlement or obligation, in particular--

(a) any existing liability to pay registration fee, duty, tax or penalty or any instalment of registration fee, duty or tax, and

(b) any existing entitlement to a reduction of registration fee, duty or tax or to a refund or credit of registration fee, duty or tax paid, and

(c) any existing liability to submit a return.

(2) Any registration fee, duty, tax, instalment or penalty so payable or paid under a provision of the Regulation repealed by the amending Act is taken to be payable or to have been paid under the corresponding provision of this Act as amended by the amending Act.

(3) Anything done or omitted to be done under or for the purposes of a provision of the Regulation repealed by the amending Act is taken to have been done or omitted under or for the purposes of the corresponding provision of this Act as amended by the amending Act.

34 Transitional regulations for club amalgamations

(1) Clause 20ZB (Effect of amalgamation before 1 Dec 1991 on duty) of the Regulation (as in force immediately before the repeal by this Act of the other provisions of Part 4B (Duty on Poker Machines) of the Regulation) is taken to be in force as a regulation under this Act.

(2) That clause operates as if references in it to duty were references to both the duty payable under Division 2 of that Part and the duty payable under Division 2 of Part 10 of this Act.

(3) This clause does not prevent the repeal of clause 20ZB of the Regulation.

35 Validation of registration and licence cancellations

(1) Clauses 19 and 20H of the Regulation are taken at all times prior to their repeal to have been valid for the purposes of effecting the cancellation of a certificate of registration or licence in accordance with the terms of those clauses.

(2) Accordingly, a certificate of registration or licence purportedly cancelled by clause 19 or 20H of the Regulation is taken to have been validly cancelled.

(3) However, clauses 19 and 20H of the Regulation are taken never to have operated to cancel a registration certificate or licence for failure to pay the registration fee, or an instalment of the registration fee, or for failure to pay the licence fee, payable in respect of the registration period commencing in January 1993 or the prescribed period commencing in February 1993.

(4) This clause does not apply in respect of any registration certificate or licence in respect of which proceedings challenging the validity of a cancellation under clause 19 or 20H of the Regulation were commenced in the Supreme Court before the Bill for the amending Act was introduced into Parliament.

(5) The repeal of clauses 19 and 20H of the Regulation does not operate to revive a cancelled certificate of registration or licence.

(6) Neither the Crown nor the Board incurs any liability (in particular, any liability to pay compensation) by reason of the operation of this clause or clauses 19 and 20H of the Regulation.

36 Grounds for complaint--late payment of fee

The amendments made to sections 17 and 108 by the amending Act do not apply in respect of the failure to pay an instalment of registration fee or a licence fee due before the commencement of the amendment.

37 Records and returns

Anything done or omitted to be done under or for the purposes of section 86 immediately before the commencement of section 87H is taken after that commencement to have been done or omitted under section 87H.

38 Continuation of existing regulations

(1) A regulation in force under a provision of this Act that is amended or substituted by the amending Act and which could be made under that provision (as so amended or substituted) continues in force and is taken to have been made under that provision as so amended or substituted.

(2) Subclause (1) does not apply to a regulation repealed by section 4 of the amending Act and does not apply to prevent the subsequent amendment or repeal of a regulation continued in force by subclause (1).

Part 5 - Provisions relating to enactment of Registered Clubs (Management) Amendment Act 1993

39 Existing disqualifications remitted to Licensing Court for redetermination

(1) On the commencement of the Registered Clubs (Management) Amendment Act 1993 , any matter determined under section 17 that resulted in the disqualification of a registered club under section 17 (2) (b) (being a disqualification in force immediately before that commencement or that is not operative because the decision of the Licensing Court is subject to an appeal) is by this clause remitted to the Licensing Court for redetermination.

(2) Until that redetermination takes place, the decision of the Licensing Court on the matter is for the purposes of section 16 (Duration of certificate of registration) taken to be subject to an appeal that has not been finally disposed of.

40 Certain amendments apply to existing matters and matters remitted for redetermination

The following amendments made by the Registered Clubs (Management) Amendment Act 1993 extend to any matter pending before the Licensing Court at the commencement of that Act and also extend to any matter heard and determined by the Licensing Court before that commencement that as a result of any appeal or the operation of clause 39 is remitted to the Licensing Court for redetermination--

(a) the amendments with respect to the disqualification of a registered club from holding a certificate of registration (namely the amendments made by Schedule 1 (1), (2) (a), (c) and (f) and (4) to that Act),

(b) the amendments with respect to the power of the Licensing Court to make a declaration that a person is ineligible to stand for election or to be appointed to, or to hold office in, the position of secretary or member of the governing body of a registered club or registered clubs (namely the amendments made by Schedule 1 (2) (b) and (e) and (3) to that Act).

41 Penalty increase does not apply to existing matters and matters remitted for redetermination

The increased maximum penalty effected by Schedule 1 (2) (d) to the Registered Clubs (Management) Amendment Act 1993 does not apply in relation to anything done or omitted to be done before the commencement of the amendment or in relation to complaints made before the commencement of the amendment. This clause does not affect the generality of section 55 of the Interpretation Act 1987 .

42 1989 amendment extends to pending and remitted matters

(1) The amendment made to section 17 (2) by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No 3) 1989 extends to any matter pending before the Licensing Court at the commencement of this clause and also extends to any matter heard and determined by the Licensing Court before that commencement that as a result of any appeal or the operation of clause 39 is remitted to the Licensing Court for redetermination, even if the matter relates to a complaint made before the commencement of that amendment.

(2) The amendment referred to in this clause enabled the Licensing Court to take any one or more of the actions specified in section 17 (2) when hearing and determining a complaint about a registered club (prior to the amendment it was limited to any one of those actions).

(3) This clause applies despite the transitional provision enacted by the Statute Law (Miscellaneous Provisions) Act (No 3) 1989 in respect of the amendment.

Part 6 - Registered Clubs (Amendment) Act 1994

45 Freight charges to brewers' regional depots

Section 4AA applies for the purposes of the licensing period commencing on 16 January 1995 and subsequent licensing periods and for that purpose extends to apply in respect of sales of liquor occurring before the commencement of that section.

46 Function authorities

Section 23 (as in force immediately before its substitution by the Registered Clubs (Amendment) Act 1994 ) continues to apply to an authority issued and in force under that section before its substitution.

47 Stay of decision on appeal

Section 42B (3) does not apply to an appeal lodged before the commencement of that subsection.

48 Penalty notices

Section 57A (Infringement notices for minors) continues to apply despite its repeal in respect of a penalty notice issued under that section before its repeal.

49 3 year amnesty for existing advertising

The amendments made by Schedule 1 (4) to the Registered Clubs (Amendment) Act 1994 do not apply to any visible promotional or advertising matter first displayed before the commencement of that section, until the promotional or advertising matter is replaced or its form or contents are changed or until the day that is 3 years after the commencement of the amendments (whichever is the earlier).

Part 7 - Registered Clubs (Further Amendment) Act 1994

50 Definition

In this Part--


"1994 Further Amendment" means the Registered Clubs (Further Amendment) Act 1994 .

51 Abolition of registration fee on low alcohol liquor

(1) The amendments made by Schedule 1 (1), (3) and (6) to the 1994 Further Amendment apply for the purposes of the determination and payment of any registration fee payable in respect of the 1995 registration period and subsequent registration periods, and do not apply to any registration fee payable in respect of a registration period prior to the 1995 registration period.

(2) For the purposes of the operation of this Act in relation to the registration fee payable by a registered club in respect of the 1995 registration period--

(a) it is to be presumed that none of the amount paid or payable for liquor on which the calculation of that registration fee is based comprised an amount paid or payable for low alcohol liquor, except as provided by paragraph (b), and

(b) if the club satisfies the Secretary of the Board or the Board, in relation to an assessment or reassessment of that registration fee, that a particular amount was paid or payable for low alcohol liquor, the fee to be paid by the club is to be determined having regard to the amount paid or payable for low alcohol liquor.

(3) In this clause--


"low alcohol liquor" does not include low alcohol liquor that is beer.


"1995 registration period" means the registration period commencing on 16 January 1995.

52 Complaints against clubs

(1) The amendment made by the 1994 Further Amendment to section 17 (1AA) does not apply to a complaint against a registered club made before the commencement of the amendment.

(2) The amendment made by the 1994 Further Amendment to section 17 (2) extends to apply to a complaint against a registered club made but not finally determined before the commencement of the amendment.

(3) The amendment made by the 1994 Further Amendment to section 17AA does not apply to a complaint against a registered club made before the commencement of the amendment.

53 Breath analysis equipment

Section 68 (Breath analysis equipment) does not apply to a test by means of a breath analysing instrument that was taken before the commencement of that section, or to the results of such a test.

54 Secrecy

The amendment made to section 72C (Secrecy) by the 1994 Further Amendment extends to apply to information acquired before the commencement of the amendment.

55 Complaints against gaming-related licensees

The amendment made by the 1994 Further Amendment to section 109 extends to apply to a complaint against a licensee made but not finally determined before the commencement of the amendment.

56 Service of summonses

The amendments made by Schedule 1 (16) and (20) to the 1994 Further Amendment do not apply to a summons issued before the commencement of those amendments.

57 Records for low alcohol liquor

Section 27B (Keeping of records concerning low alcohol liquor) does not apply to require the keeping of records of amounts paid or payable in respect of low alcohol liquor (other than beer) before the commencement of the amendments made to that section by the 1994 Further Amendment.

Part 8 - Registered Clubs Amendment Act 1995

58 Complaint as to quiet and good order of neighbourhood

A complaint duly made to the Board under section 17AA before the amendment of that section by the Registered Clubs Amendment Act 1995 is taken to have been made in accordance with that section as so amended.

59 References to former key officials

Sections 59B (7) and 59D (6), as inserted by the Registered Clubs Amendment Act 1995 , are taken to have commenced on the commencement of sections 59B and 59D respectively.

60 Registered Clubs (Transitional) Regulation 1994

The repeal of clauses 43 and 44 by the Registered Clubs Amendment Act 1995 does not affect the continuing operation of the Registered Clubs (Transitional) Regulation 1994 . That Regulation, as in force immediately before that repeal, continues in force under clause 1A and may be repealed or amended under that clause.

Part 9 - Liquor and Registered Clubs Legislation Amendment Act 1996

61 Brewery regional depot freight charges

The amendments made to section 4AA (Freight costs to brewers' regional depots not included in price of beer) by the Liquor and Registered Clubs Legislation Amendment Act 1996 do not apply for the purposes of a registration period before the registration period commencing on 16 January 1997.

62 Effect of amendments on pending applications

An amendment made by the Liquor and Registered Clubs Legislation Amendment Act 1996 does not apply to an application pending under this Act at the commencement of the amendment.

Part 10 - Liquor and Registered Clubs Legislation Amendment (Minors' Entertainment) Act 1996

63 Authorisation for use of premises by minors

A functions authority in force immediately before the commencement of Schedule 2 [8[#93] to the Liquor and Registered Clubs Legislation Amendment (Minors' Entertainment) Act 1996 --

(a) ceases to have effect at the end of the period of 12 months from that commencement unless sooner cancelled or a replacement functions authority is granted, and

(b) is, during that 12-month period, subject only to the conditions which applied to it immediately before that commencement, unless those conditions are varied or revoked in accordance with this Act or new conditions are imposed by the Licensing Court in complaint proceedings under this Act.

64 References to local council

(1) A reference in section 22A (9) (a) or 23AA (3) (a) to a person authorised by the council of the area under the Local Government Act 1993 within the boundaries of which the premises of the club are situated is to be read as a reference to a person authorised by the local consent authority in relation to the premises of the club.

(2) This clause operates--

(a) on and from the commencement of section 23AA if Schedule 2 [3[#93] to the Liquor and Registered Clubs Legislation Amendment Act 1996 has commenced before the commencement of section 23AA (3), or

(b) on and from the commencement of Schedule 2 [3[#93] to the Liquor and Registered Clubs Legislation Amendment Act 1996 if that item commences on or after the commencement of section 23AA (3).

Part 11 - Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996

65 Procedure before court

The repeal of section 17 (3B) by the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 does not apply in respect of any proceedings on a complaint under section 17 which commenced to be heard by the Licensing Court before that repeal.

66 Effect of amendments on pending proceedings

(1) An amendment made to section 17 by Schedule 2 [4[#93], [5[#93] or [6[#93] of the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 does not apply in respect of any proceedings relating to the matter of a complaint under section 17 (1) that commenced to be heard by the Licensing Court before that amendment commenced.

(2) An amendment made to section 109 by Schedule 2 [56[#93], [57[#93] or [59[#93] of the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 does not apply in respect of any proceedings relating to the matter of a complaint under section 108 that commenced to be heard by the Licensing Court before that amendment commenced.

(3) An amendment made to section 17, 26, 33, 35, 99 or 109 by Schedule 2 [7[#93], [10[#93], [12[#93], [14[#93], [43[#93] or [60[#93] of the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 applies to proceedings before the Licensing Court whether or not those proceedings were commenced before or after the commencement of the amendment.

(4) An amendment made to section 44A by the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 does not apply to proceedings for an offence alleged to have been committed before the commencement of the amendment.

(5) Section 66A does not apply to proceedings for an offence alleged to have been committed before the commencement of that section.

(6) An amendment made to a provision of this Act by the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 that changes the onus of proof in relation to a matter does not apply to proceedings commenced before that amendment commenced.

67 Complaints relating to close associates

A complaint may not be made in relation to a person who is a close associate of a registered club on a ground specified in section 108 (2A) (b) in respect of conduct that occurred before the commencement of that provision.

68 Increase in time limit for taking proceedings for certain offences

The amendment made to section 65 by the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 extends to apply in respect of an act or omission giving rise to proceedings for an offence referred to in the Table to that section that occurred within 12 months before that amendment commenced.

69 Application of penalty powers

Section 65A does not apply to offences committed before the commencement of that section.

70 Effect of amendments on pending applications

An amendment made by the Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 does not apply to an application pending under this Act at the commencement of the amendment.

Part 12 - Liquor and Registered Clubs Legislation Amendment Act 1997

71 Definitions

In this Part--


"ad valorem registration fee" means a fee, calculated as a proportion of the amount paid or payable for any liquor, in respect of a certificate of registration.


"amending Act" means the Liquor and Registered Clubs Legislation Amendment Act 1997 .

72 Records

Records that, immediately before the repeal by the amending Act of sections 27A and 27B, were required to be kept under those sections must be retained until a date prescribed by the regulations.

73 Abolition of ad valorem registration fees

(1) Nothing in this Act is to be construed as requiring or having required the payment, assessment or collection of the whole or part of any ad valorem registration fee after 6 August 1997.

(2) It is not the duty of the Board to reassess any registration fee in pursuance of an application for reassessment made after 6 August 1997 (whether made before or after the commencement of this clause).

(3) Nothing in this clause affects--

(b) the imposition or collection of any penalty,

at any time after 6 August 1997 on account of a failure to pay, or to pay in due time, a fee or any portion of a fee that was payable before that date.

74 Duty on poker machines--instalment for the quarter ending 28 February 1998

(1) This clause applies to the payment of an instalment of duty on profits derived from approved gaming devices kept by a registered club in the period commencing on 1 December 1997 and ending on 28 February 1998 (the
"relevant instalment period" ), and so applies to the exclusion of section 87A (4A) and (4B).

(2) Unless section 87A (3) or (4) applies to the relevant instalment period, the instalment payable in respect of that period is the sum of the amounts payable under subclauses (3)-(6).

(3) If the profits from all approved gaming devices kept by a registered club in the period commencing on 1 December 1997 and ending on 31 January 1998 exceed $33,333 but do not exceed $416,667, the amount payable under this subclause is--

(a) the sum of $167, and

(b) an amount equal to 22.5% of the amount by which the profits exceed $33,333 but do not exceed $416,667.

(4) If the profits from all approved gaming devices kept by a registered club in the period referred to in subclause (3) exceed $416,667, the amount payable under this subclause is--

(a) the sum of $86,417, and

(b) an amount equal to 24.75% of the amount by which the profits exceed $416,667.

(5) If the profits from all approved gaming devices kept by a registered club in the month of February 1998 exceed $16,667 but do not exceed $83,333, the amount payable under this subclause is--

(a) the sum of $83, and

(b) an amount equal to 22.5% of the amount by which the profits exceed $16,667 but do not exceed $83,333.

(6) If the profits from all approved gaming devices kept by a registered club in the month of February 1998 exceed $83,333, the amount payable under this subclause is--

(a) the sum of $15,083, and

(b) an amount equal to 30% of the amount by which the profits exceed $83,333.

75 Effect of amending Act on pending applications

The amendments made to sections 18, 19, 19A and 33 by the amending Act do not apply to an application that was pending under this Act when those amendments took effect.

Part 13 - Liquor and Registered Clubs Legislation Amendment (Community Partnership) Act 1998

76 Definitions

In this Part--


"amending Act" means the Liquor and Registered Clubs Legislation Amendment (Community Partnership) Act 1998 .


"relevant instalment period" means the period commencing on 1 December 1997 and ending on 28 February 1998.


"transitional year" means the duty period commencing on 1 December 1997.

77 Duty on profits derived from approved gaming devices (other than multi-terminal gaming machines) during the relevant instalment period

(1) This clause applies to determine the duty payable on profits derived from approved gaming devices (other than multi-terminal gaming machines) kept on the premises of a registered club during the relevant instalment period, and so applies to the exclusion of section 87, whether as in force before its repeal by the amending Act or as inserted by that Act.

(2) If the profits from all approved gaming devices (other than multi-terminal gaming machines) kept on the premises of a registered club during the relevant instalment period do not exceed $25,000, no duty is payable on the profits.

(3) If the profits from all approved gaming devices (other than multi-terminal gaming machines) kept on the premises of a registered club during the relevant instalment period exceed $25,000 but do not exceed $50,000, duty is payable on so much of the profits as exceeds $25,000 but does not exceed $50,000 at the rate of 1%.

(4) If the profits from all approved gaming devices (other than multi-terminal gaming machines) kept on the premises of a registered club during the relevant instalment period exceed $50,000 but do not exceed $250,000, the duty payable on those profits is--

(a) the sum of $250, and

(b) an amount equal to 21.72% of the amount by which the profits exceed $50,000 but do not exceed $250,000.

(5) If the profits from all approved gaming devices (other than multi-terminal gaming machines) kept on the premises of a registered club during the relevant instalment period exceed $250,000 but do not exceed $625,000, the duty payable on those profits is--

(a) the sum of $43,690, and

(b) an amount equal to 23.67% of the amount by which the profits so derived exceed $250,000 but do not exceed $625,000.

(6) If the profits from all approved gaming devices (other than multi-terminal gaming machines) kept on the premises of a registered club during the relevant instalment period exceed $625,000, the duty payable on those profits is--

(a) the sum of $132,453, and

(b) an amount equal to 25.22% of the amount by which the profits so derived exceed $625,000.

(7) This clause has effect subject to clause 80.

78 Duty on profits derived from multi-terminal gaming machines during the relevant instalment period

(1) This clause applies to determine the duty payable on profits derived from multi-terminal gaming machines kept on the premises of a registered club during the relevant instalment period, and so applies to the exclusion of section 87AA, as in force immediately before its repeal by the amending Act.

(2) If the profits from all approved gaming devices kept on the premises of a registered club during the relevant instalment period do not exceed $25,000, duty is payable on so much of those profits as was derived from the operation of multi-terminal gaming machines at the rate of 20.67%.

(3) If the profits from all approved gaming devices kept on the premises of a registered club during the relevant instalment period exceed $25,000 but do not exceed $50,000, duty is payable on so much of those profits as was derived from the operation of multi-terminal gaming machines at the rate of 20.98%.

(4) If the profits from all approved gaming devices kept on the premises of a registered club during the relevant instalment period exceed $50,000 but do not exceed $250,000, duty is payable on so much of those profits as was derived from the operation of multi-terminal gaming machines at the rate of 26.89%.

(5) If the profits from all approved gaming devices kept on the premises of a registered club during the relevant instalment period exceed $250,000, duty is payable on so much of those profits as was derived from the operation of multi-terminal gaming machines at the rate of 28.83%.

(6) This clause has effect subject to clause 80.

79 Duty on profits derived from approved gaming devices during the last three quarters of the duty period commencing on 1 December 1997

(1) This clause applies to determine the duty payable on profits derived from approved gaming devices kept on the premises of a registered club during the remainder of the transitional year after 28 February 1998, and so applies to the exclusion of section 87.

(2) If the profits from all approved gaming devices kept on the premises of a registered club during the remainder of the transitional year after 28 February 1998 do not exceed $75,000, no duty is payable on the profits.

(3) If the profits from all approved gaming devices kept on the premises of a registered club during the remainder of the transitional year after 28 February 1998 exceed $75,000 but do not exceed $150,000, duty is payable on so much of the profits as exceeds $75,000 at the rate of 1%.

(4) If the profits from all approved gaming devices kept on the premises of a registered club during the remainder of the transitional year after 28 February 1998 exceed $150,000 but do not exceed $750,000, duty is payable--

(a) in the sum of $750, and

(b) on so much of the profits as exceeds $150,000 but does not exceed $750,000--at the rate of 20%.

(5) If the profits from all approved gaming devices kept on the premises of a registered club during the remainder of the transitional year after 28 February 1998 exceed $750,000, duty is payable--

(a) in the sum of $120,750, and

(b) on so much of the profits as exceeds $750,000--at the rate of 26.25%.

(6) This clause has effect subject to clause 80.

80 Expenditure on community support

(1) This clause applies to provide for a reduction in the amount of duty payable on profits derived from approved gaming devices kept on the premises of a registered club during the transitional year, and so applies to the exclusion of section 87F, as in force immediately before its repeal by the amending Act, and section 87 (5)-(7), as inserted by that Act.

(2) Regulations made in accordance with clause 1A may make provision for or with respect to the application (with or without modification) of the provisions of section 87F, as in force immediately before its repeal by the amending Act, in respect of duty payable on profits derived by a registered club in the months of December 1997 and January 1998.

(3) If the Board is satisfied, on such evidence as it may require, that a proportion of so much of the profits derived from approved gaming devices kept by a club during the transitional year as exceed $1,000,000 has been applied during that period to community development and support (as defined in guidelines published under section 87), the duty that would otherwise be payable under clauses 77-79 in respect of so much of those profits as exceed $1,000,000 is by this clause reduced by an amount equal to the amount so applied, except as provided by subclause (4).

(4) The amount by which duty is reduced by subclause (3) cannot exceed an amount equal to 1.25% of so much of the club's dutiable profits, derived as referred to in that subclause, as exceed $1,000,000.

81 Special adjustment

An amount paid by a registered club in accordance with clause 74, to the extent that it exceeds the duty payable (as calculated in accordance with this Part of this Schedule) for the relevant instalment period, is to be credited to the club concerned in the accounts of the Board.

82 Manner of making adjustments generally

Section 87B, as inserted by the amending Act, is taken to have applied in respect of the relevant instalment period as well as to any subsequent period, and no failure to comply with the provisions of section 87B, as in force immediately before its repeal by that Act, in relation to that instalment period renders the Board, any member of the Board or any other person liable to any action, claim, suit or demand.

Part 14 - Liquor and Registered Clubs Legislation Further Amendment Act 1999

83 Trade practices exemption

Section 76A applies to a local liquor accord entered into before or after the commencement of that section.

Part 15 - Intergovernmental Agreement Implementation (GST) Act 2000

84 Introduction of GST--instalment period commencing on 1 June 2000

(1) This clause applies to determine the duty payable on profits derived from approved gaming devices kept on the premises of a registered club during the instalment period commencing on 1 June 2000.

(2) If the profits from all approved gaming devices kept on the premises of a registered club in the instalment period to which this clause applies do not exceed $25,000, no duty is payable on the profits.

(3) If the profits from all approved gaming devices kept on the premises of a registered club in the instalment period to which this clause applies exceed $25,000 but do not exceed $50,000, duty is payable on so much of the profits as exceeds $25,000 but do not exceed $50,000, at the rate of 0.33%.

(4) If the profits from all approved gaming devices kept on the premises of a registered club in the instalment period to which this clause applies exceed $50,000 but do not exceed $250,000, duty is payable--

(a) in the sum of $82.50, and

(b) on so much of the profits as exceed $50,000 but do not exceed $250,000, at the rate of 13.87%.

(5) If the profits from all approved gaming devices kept on the premises of a registered club in the instalment period to which this clause applies exceed $250,000, duty is payable--

(a) in the sum of $27,822.50, and

(b) on so much of the profits as exceed $250,000, at the rate of 18.62%.

Part 16 - Liquor and Registered Clubs Legislation Amendment Act 2001

85 Definition

In this Part,
"amending Act" means the Liquor and Registered Clubs Legislation Amendment Act 2001 .

86 Applications for conditional grant of licence

Section 18, as amended by the amending Act, extends to an application under that section that was lodged before the amendment took effect.

87 Appeals against decisions of Licensing Court

The amendments made by the amending Act to section 42B do not apply in respect of a decision of the Licensing Court that was made before the amendments took effect.

Part 17 - Liquor and Registered Clubs Legislation

88 Provision consequent on the decision of the High Court in Ha v New South Wales

(1) This clause applies to a certificate of registration that was, immediately before 5 August 1997, suspended under section 15 (8) (as in force immediately before its repeal) because a registration fee had not been paid in full.

(2) A certificate of registration to which this clause applies is, on and from 5 August 1997, taken not to have been suspended by reason of failure to pay a registration fee in full.

Part 18 - Gaming Machines Act 2001

89 Prohibition on clubs acquiring financial interest in hotels

Section 9A (1AA), as inserted by Schedule 3 [6[#93] to the Gaming Machines Act 2001 , does not apply to or in respect of a hotelier's licence or financial interest in a hotel that was granted to or acquired by a registered club before the commencement of that subsection.

90 Operation of club amalgamation amendments

Division 1A of Part 2 (as inserted by Schedule 3 [15[#93] to the Gaming Machines Act 2001 ) extends to an application under section 17A for the amalgamation of 2 or more registered clubs that was made before the commencement of that Division.

Part 19 - Registered Clubs Amendment Act 2006

91 Pending applications for club amalgamations

Subject to the regulations, the amendments made by the Registered Clubs Amendment Act 2006 to Division 1A of Part 2 do not apply to or in respect of an application under section 17A that was made (but not granted) before the commencement of those amendments and any such application is to be heard and determined as if those amendments had not been made.

Part 20 - Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007

92 Definitions

In this Part--


"amending Act" means the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 .


"former Board" means the Liquor Administration Board constituted by section 72 of the former Liquor Act.


"former Court" means the Licensing Court constituted under the former Liquor Act.

Note : The Licensing Court is abolished on the repeal of Part 2 of the former Liquor Act--see clause 23 of Schedule 1 to the Liquor Act 2007 .

93 Existing registered clubs taken to be licensed under Liquor Act 2007

(1) If a certificate of registration under this Act was in force in respect of a club immediately before the relevant date, the club is, on that date, taken to be the holder of a club licence. Any such club is referred to in this Part as an
"existing registered club" .

(2) The club licence of an existing registered club--

(a) is subject to any conditions and restrictions to which the club's certificate of registration was subject under this Act (including provisions relating to trading hours) immediately before the relevant date, and

(b) may be dealt with under, and is otherwise subject to, the provisions of the Liquor Act 2007 .

(3) If, immediately before the relevant date, an existing registered club owned or occupied more than one set of premises, each set of premises is, on the commencement of section 19 of the Liquor Act 2007 , taken to be separately licensed under that Act.

94 Existing on-premises trading hours

(1) A reference in this clause to
"on-premises trading hours" is a reference to the times during which liquor may be sold or supplied only for consumption on the premises concerned.

(2) Clubs with existing unrestricted on-premises trading hours An existing registered club that, immediately before the relevant date, was not subject to restrictions under this Act in relation to its on-premises trading hours may, subject to this clause, continue to trade on that basis until such time as action (if any) is taken under the Liquor Act 2007 to vary those on-premises trading hours.

(2A) If an extended trading authorisation of the kind referred to in section 49 (5) (c) of the Liquor Act 2007 is granted in respect of the premises of an existing registered club, subclause (2) ceases to apply in relation to those premises during the period that the authorisation is in force.

(2B) If, in the case of an existing registered club referred to in subclause (2)--

(a) a condition is imposed under section 54 of the Liquor Act 2007 to reduce the on-premises trading hours of the club's premises, and

(b) the condition is subsequently revoked under that Act,

the on-premises trading hours of the club's premises automatically revert to those that previously applied under subclause (2).

(5) Clubs with existing restricted on-premises trading hours If, immediately before the relevant date, an existing registered club was subject to restrictions imposed under this Act in relation to its on-premises trading hours, those restrictions continue to apply until such time as the Authority, on application by the registered club, varies the club's on-premises trading hours under the Liquor Act 2007 .

95 Existing off-premises trading hours

(1) A reference in this clause to
"off-premises trading hours" is a reference to the times during which liquor may be sold or supplied for consumption away from the premises concerned.

(2) Clubs with existing unrestricted off-premises trading hours An existing registered club that, immediately before the relevant date, was not subject to any restrictions under this Act in relation to its off-premises trading hours may sell or supply liquor for consumption away from the club's premises only during the standard trading period under the Liquor Act 2007 or at such other times as may be authorised by an extended trading authorisation.

(3) Clubs with existing restricted off-premises trading hours If, immediately before the relevant date, an existing registered club was subject to restrictions imposed under this Act in relation to its off-premises trading hours, those restrictions continue to apply until such time as the Authority, on application by the registered club, varies the off-premises trading hours under the Liquor Act 2007 .

(4) No take-away sales on restricted trading days This clause does not authorise an existing registered club to sell or supply liquor on Good Friday or Christmas Day for consumption away from the licensed premises.

96 Superseded references in relation to certificates of registration of clubs

A reference in any Act (other than this Act) or instrument of any kind to a registered club in respect of which a certificate of registration under this Act is in force is to be read as a reference to a registered club in respect of which a club licence under the Liquor Act 2007 is in force.

97 Pending applications and proceedings under this Act

(1) If any authorisation, appointment or other matter is granted or determined pursuant to this clause, it is taken to have been granted or determined under this Act (as amended by Schedule 2 to the amending Act).

(2) Proceedings pending before the Licensing Court If, before the repeal of Part 2 of the former Liquor Act, proceedings in relation to any matter under this Act were commenced in the former Court but the former Court had not determined the matter--

(a) the matter may continue to be dealt with and determined by the Local Court as if it were sitting as the former Court, and

(b) the provisions of this Act (as in force immediately before being amended by Schedule 2 to the amending Act) and the former Liquor Act continue to apply, as if they had not been amended, for the purposes of--

(i) the hearing and determination of the matter, and

(ii) any appeal against the former Court's determination of the matter.

(3) In hearing and determining a matter that is the subject of any such pending proceedings, the Local Court has the same jurisdiction as the former Court had immediately before it was abolished.

(4) Matters being dealt with by the Liquor Administration Board If, before the repeal of section 72 of the former Liquor Act, any matter under this Act was being dealt with by the former Board (including by any person to whom the functions of the Board were delegated under section 75 of the former Liquor Act) but had not been determined by the date of that repeal--

(a) the former Board (or the person to whom those functions were delegated) is to continue to deal with the matter as if the former Board had not been abolished, and

(b) the provisions of this Act (as in force immediately before being amended by Schedule 2 to the amending Act) continue to apply in relation to the determination of the matter by the former Board (or by the person to whom those functions were delegated) as if those provisions had not been so amended.

(5) If any such pending matter before the former Board is not determined within such period as may be prescribed by the regulations, the Authority may deal with the matter instead under the relevant provision of this Act.

(6) The continuation, for the purposes of this clause, of the provisions of this Act (as in force immediately before being amended by Schedule 2 to the amending Act) and the former Liquor Act is subject to such modifications as may be prescribed by the regulations.

(7) For the purposes of this clause,
"amended" includes repealed.

98 Existing conditions imposed by former Court or former Board

(1) Any condition imposed by the former Court or the former Board (whether under the former Liquor Act or this Act) in relation to any matter under this Act, being a condition in force immediately before the repeal of Part 4 of the former Liquor Act, is taken to have been imposed by the Authority under this Act (and accordingly a reference to the former Court or the former Board in or in relation to any such condition is to be construed as a reference to the Authority).

(2) The Authority has such powers as are necessary to give effect to any such condition and may vary or revoke the condition.

99 Existing managers

A person who, immediately before the repeal of section 34A of this Act by Schedule 2 to the amending Act, was a person appointed under that section as the manager (or to act as the manager) of any premises of a registered club is, on that repeal, taken to have been appointed as the manager of those premises under section 66 of the Liquor Act 2007 .

100 General savings provision

(1) Subject to the regulations, anything done under or for the purposes of a provision of this Act that had effect immediately before the provision was amended by Schedule 2 to the amending Act is taken to have been done under or for the purposes of this Act as so amended.

(2) Without limiting subclause (1), any approval, authority or appointment in force under a provision of this Act immediately before the amendment of the provision by Schedule 2 to the amending Act is taken to be an approval, authority or appointment in force under this Act as so amended.

Part 21 - Provisions consequent on enactment of Clubs, Liquor and Gaming Machines Legislation Amendment Act 2011

101 Definition

In this Part--


"amending Act" means the Clubs, Liquor and Gaming Machines Legislation Amendment Act 2011 .

102 Pending club de-amalgamations

(1) Subject to the regulations and this clause, Division 1B of Part 2 of this Act (as inserted by the amending Act) does not apply to or in respect of the de-amalgamation of an amalgamated club if the de-amalgamation process was commenced before the date of introduction into the Legislative Assembly of the Bill for the amending Act.

(2) Section 17AM (as inserted by the amending Act) extends to the de-amalgamation of an amalgamated club if the de-amalgamation was initiated, but not completed, before the commencement of that section.

Part 22 - Provisions consequent on enactment of Liquor and Gaming Legislation Amendment Act 2018

103 Disciplinary powers of Authority

Section 57H (2) (g) (as amended by the Liquor and Gaming Legislation Amendment Act 2018 ) extends to a complaint made, but not determined, before the commencement of the amendment.

Part 23 - Provisions consequent on enactment of Registered Clubs Amendment (Accountability and Amalgamations) Act 2018

104 Definition

In this Part--


"amending Act" means the Registered Clubs Amendment (Accountability and Amalgamations) Act 2018 .

105 Limit on club amalgamations

Section 17AF, as substituted by the amending Act, extends to amalgamations that had effect before that substitution.

106 Entitlement to membership of de-amalgamated club

Section 17AN (1), as substituted by the amending Act, does not apply in relation to the de-amalgamation of an amalgamated club that had effect before that substitution.