New South Wales Repealed Acts

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This legislation has been repealed.

LIQUOR ACT 1982 - SECT 99

Apportionment of cost of compulsory alterations

99 Apportionment of cost of compulsory alterations

(1) Where work on licensed premises is carried out pursuant to an order or direction of a public authority entitled to require the work to be done, the Board may, if it thinks fit so to do, determine the extent to which the cost of the work is to be borne by:
(a) the owner of the premises,
(b) sublessors and sublessees of the premises, or
(c) the occupier of the premises,
or any 2 or more of them.
(2) In exercising its powers under subsection (1), the Board may:
(a) order a person referred to in subsection (1) (a), (b) or (c) to pay to any other such person an amount certified by the Board as payable by the person under this section and, where such an order is made, the amount ordered to be paid is a debt due by the person ordered to make the payment to the person to whom payment is ordered to be made, or
(b) order the amount of any rent payable in respect of the licensed premises to be increased or reduced to an amount specified in the order and, where such an order is made, the lease pursuant to which the rent is payable shall be deemed to have been amended to provide for the payment of rent in accordance with the order of the Board,
or it may make an order under both paragraph (a) and paragraph (b).
(3) In deciding whether, and in what manner, it should exercise its powers under this section the Board shall have due regard to any agreement or covenant entered into by a person referred to in subsection (1) (a), (b) or (c) in relation to the licensed premises.
(4) Where an order is made under subsection (2) (a) and a copy of the order is filed, together with such other documents as may be prescribed, in the office of a Local Court having jurisdiction under the Civil Procedure Act 2005 at or nearest the prescribed place at which the application that led to the order was heard, the order may be enforced as a judgment of that Local Court for the payment of that amount in accordance with the order of the Board.



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