LIQUOR CONTROL ACT 1988 - SCHEDULE 1A
LIQUOR CONTROL ACT 1988 - SCHEDULE 1A
[s. 177A]
[Heading inserted: No. 73 of 2006 s. 104.]
In this Schedule,
unless the context otherwise requires —
commencement day means the day on which the Liquor
and Gaming Legislation Amendment Act 2006 section 103 comes into operation;
Court means the Liquor Licensing Court preserved
and continued under section 8 of the former Act;
former Act means this Act as in force immediately
before the commencement day;
new Act means this Act as in force on the
commencement day.
[Clause 1 inserted: No. 73 of 2006 s. 104.]
(1) The Court is
abolished —
(a) on
the commencement day; or
(b) if
subclause (2) applies — on the date specified in the notice under
subclause (3).
(2) The Court is to
continue in operation on and after the commencement day for the purposes of
continuing to deal with any application or matter referred to in clause 5(1)
that the Court has begun, but not completed, hearing or determining.
(3) When the Minister
is satisfied that there is no further application or matter to be dealt with
by the Court under clause 5(1), the Minister is to publish a notice in the
Gazette specifying the date on which the Court is to cease to continue in
operation under that subclause.
[Clause 2 inserted: No. 73 of 2006 s. 104.]
3 . Liquor Licensing Court judge
The person holding
office, immediately before the commencement day, as the Liquor Licensing Court
judge referred to in section 9 of the former Act ceases to hold that office on
the abolition of the Court under clause 2.
[Clause 3 inserted: No. 73 of 2006 s. 104.]
4 . Pending cases stated and appeals to Supreme
Court
(1) If a case stated
on a question of law to the Supreme Court under section 27 of the former Act
has not been determined immediately before the commencement day, the question
of law is to be determined under that section on or after that day by the
Court of Appeal.
(2) If an appeal made
to the Supreme Court under section 28 of the former Act has not been
determined immediately before the commencement day, the appeal is to be
determined under that section on or after that day by the Court of Appeal.
[Clause 4 inserted: No. 73 of 2006 s. 104.]
5 . Pending applications and matters
(1) Subject to
subclause (2), if the licensing authority has begun, but not completed,
hearing or determining an application or matter immediately before the
commencement day, the application or matter is to continue to be dealt with on
or after that day in accordance with the relevant provisions of the former
Act.
(2) If the licensing
authority has begun, but not completed, hearing or determining an application
for a cabaret licence immediately before the commencement day, the application
is to continue to be dealt with on or after that day as an application for a
nightclub licence under the new Act.
(3) If —
(a) an
application or matter was before the licensing authority under the former Act;
but
(b) the
licensing authority has not begun to hear or determine the application or
matter immediately before the commencement day,
the application or
matter is to be dealt with on or after that day in accordance with the
relevant provisions of the new Act.
(4) If —
(a) the
Court determined under the former Act that an application or matter is to be
referred to or further considered by the Court; and
(b) the
application or matter has not been referred to or further considered by the
Court immediately before the commencement day,
then, on or after that
day, the application or matter may be referred to or further considered by
either the Director or the Commission under the new Act.
[Clause 5 inserted: No. 73 of 2006 s. 104.]
6 . Licences granted and permits issued by Liquor
Licensing Court
A licence granted or a
permit issued by the Court that has effect immediately before the commencement
day continues to have effect, on and after that day, as if it had been granted
or issued by the Commission.
[Clause 6 inserted: No. 73 of 2006 s. 104.]
(1) A cabaret licence
granted under section 42 of the former Act that has effect immediately before
the commencement day continues to have effect, on and after that day, as a
nightclub licence granted under that section of the new Act.
(2) A reference in a
written law or other document or instrument to a cabaret licence may, where
the context so requires, be read as if it had been amended to be a reference
to a nightclub licence.
[Clause 7 inserted: No. 73 of 2006 s. 104.]
8 . Courses of training and assessments
For the purposes of
the application of paragraph (c) of section 35B(3) of the new Act to a person
who was employed as a manager immediately before the commencement day, the
period referred to in that paragraph is to be taken to be the period of 12
months after that day.
[Clause 8 inserted: No. 73 of 2006 s. 104.]
9 . References to Liquor Licensing Court and
Liquor Licensing Court judge
(1) A reference in a
written law or other document or instrument to the Court may, where the
context so requires, be read as if it had been amended to be a reference to
the Commission.
(2) A reference in a
written law or other document or instrument to the Liquor Licensing Court
judge, or a Liquor Licensing Court judge, may, where the context so requires,
be read as if it had been amended to be a reference to the Commission.
[Clause 9 inserted: No. 73 of 2006 s. 104.]
(1) If this Schedule
does not provide sufficiently for a matter or issue of a transitional nature
that arises as a result of the amendments made to this Act by the Liquor and
Gaming Legislation Amendment Act 2006 , the Governor may make regulations
under this clause ( transitional regulations ) prescribing all matters that
are required, necessary or convenient to be prescribed for providing for the
matter or issue.
(2) If the
transitional regulations provide that a state of affairs specified or
described in the regulations is taken to have existed, or not to have existed,
on and from a day that is earlier than the day on which the regulations are
published in the Gazette but not earlier than the commencement day, the
regulations have effect according to their terms.
(3) If the
transitional regulations contain a provision referred to in subclause (2), 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 day of
publication of those regulations; 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 day of
publication of those regulations.
[Clause 10 inserted: No. 73 of 2006 s. 104.]