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This is a Bill, not an Act. For current law, see the Acts databases.
Clubs, Liquor and Gaming Machines
egislation Amendment Bill 2011 No , 2011 A Bill for An Act to make miscellaneous amendments to certain clubs, liquor and gaming legislation; and for other purposes. Clause 1 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Clubs, Liquor and Gaming Machines Legislation 3 Amendment Act 2011. 4 2 Commencement 5 (1) This Act commences on a day or days to be appointed by proclamation, 6 except as provided by subsection (2). 7 (2) The following provisions commence on the date of assent to this Act: 8 (a) Schedule 1 [3]-[13], [18]-[23], [25]-[27], [33]-[35], [37] and 9 [39], 10 (b) Schedule 2 [3]-[5], [8]-[12], [15]-[18] and [21]-[23], 11 (c) Schedule 3 [4], [8], [37], [49], [50], [52], [55]-[58], [84], [86], 12 [87], [89] and [90] (but only to the extent that it inserts the Part 13 heading and clauses 49, 53 and 54 in Schedule 1 to the Gaming 14 Machines Act 2001), 15 (d) Schedule 4 [5]-[8], [10]-[13] and [15]-[18], 16 (e) Schedule 6. 17 Page 2 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Registered Clubs Act 1976 No 31 Schedule 1 Schedule 1 Amendment of Registered Clubs Act 1 1976 No 31 2 [1] Sections 1 (note) and 4 (definitions of "close associate" and "inspector") 3 Omit "Casino, Liquor and Gaming Control Authority" wherever occurring. 4 Insert instead "Gaming and Liquor Administration". 5 [2] Section 4 Definitions 6 Omit the definition of Authority. Insert instead: 7 Authority means the Independent Liquor and Gaming Authority 8 constituted under the Gaming and Liquor Administration Act 9 2007. 10 [3] Section 4, definition of "Director" 11 Omit the definition. Insert instead: 12 Director-General means the Director-General of the Department 13 of Trade and Investment, Regional Infrastructure and Services. 14 [4] Section 4, definition of "employ" 15 Omit the definition. 16 [5] Sections 6A (4), 23A (9) (b), 35A, 41E (2) (a), 41Q (1), 41R, 41S (c), 49, 17 57F (1) (a) and (3) (h), 57H (2) (i) and 63 (1) (c) and (d) 18 Omit "Director" wherever occurring. Insert instead "Director-General". 19 [6] Section 6A Delegations 20 Omit section 6A (5). 21 [7] Part 2, heading 22 Insert ", de-amalgamations" after "amalgamations". 23 [8] Section 10 Requirements to be met by clubs 24 Insert after section 10 (1) (e): 25 (e1) If the regulations prescribe objects that are to apply in 26 relation to specified types of clubs, the club is, if it is of 27 such a type, to have the objects so prescribed in relation to 28 that type of club. 29 Page 3 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 1 Amendment of Registered Clubs Act 1976 No 31 [9] Section 10 (1) (j) 1 Omit the paragraph. Insert instead: 2 (j) Only the club and its members are to be entitled under the 3 rules of the club or otherwise to derive, directly or 4 indirectly, any profit, benefit or advantage from the 5 ownership or occupation of the premises of the club unless 6 the profit, benefit or advantage is in the form of: 7 (i) reasonable and proper interest paid to a lender on 8 any loan made to the club that is secured against the 9 premises of the club, or 10 (ii) reasonable and proper rent or occupation fees paid 11 to the owner of the premises of the club, 12 being, in either case, a payment arising out of dealings 13 reasonably carried out, or contracts reasonably made, with 14 the club in the ordinary course of its lawful business. 15 [10] Section 10 (1) (k1) 16 Insert after section 10 (1) (k): 17 (k1) The membership of the governing body of the club must 18 not, on and from such date (or the happening of such event) 19 as may be prescribed by the regulations, exceed 9 persons. 20 [11] Section 10 (1) (n) 21 Insert after section 10 (1) (m): 22 (n) The business conducted on the premises of the club must 23 not be managed or controlled by any person or body other 24 than: 25 (i) the governing body of the club, or 26 (ii) the secretary of the club, or 27 (iii) the manager (within the meaning of the Liquor Act 28 2007) of the club premises, or 29 (iv) a person acting in a capacity referred to in 30 section 41 (1) in respect of the club, or 31 (v) a person appointed under section 41A in respect of 32 the club, or 33 (vi) a person who is exercising functions relating to the 34 management of the business or affairs of the club 35 under a management contract within the meaning of 36 section 41O. 37 Page 4 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Registered Clubs Act 1976 No 31 Schedule 1 [12] Section 10 (2) 1 Omit the subsection. Insert instead: 2 (2) For the purposes of determining whether a club is being 3 conducted in good faith as a club, as required by 4 subsection (1) (a), regard is to be had to the following: 5 (a) the nature of the premises of the club, 6 (b) whether the club has been under administration for an 7 extended period of time (whether as an 8 externally-administered body corporate, within the 9 meaning of the Corporations Act 2001 of the 10 Commonwealth, or otherwise), 11 (c) whether any arrangements relating to the club have 12 resulted in another person or body assuming the effective 13 control of the club and its business, 14 (d) such other matters as may be prescribed by the regulations. 15 [13] Section 10 (6) (c) 16 Omit ", seller's licence or adviser's". Insert instead "or adviser's". 17 [14] Section 17AB 18 Omit the section. Insert instead: 19 17AB Club amalgamations 20 (1) 2 or more registered clubs may amalgamate in accordance with 21 this Division. 22 (2) An amalgamation of 2 or more registered clubs: 23 (a) is effected by: 24 (i) the dissolution of each of those clubs and the 25 formation of a new club that owns or occupies the 26 same premises (or part of the same premises) of at 27 least one of the dissolved clubs, and 28 (ii) the transfer, under section 60 of the Liquor Act 29 2007, to the new club of the club licence or licences 30 held by the dissolved club or clubs in respect of 31 those premises, or 32 Page 5 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 1 Amendment of Registered Clubs Act 1976 No 31 (b) is effected by: 1 (i) the continuation of one of those clubs and the 2 dissolution of the other club or clubs, and 3 (ii) the transfer, under section 60 of the Liquor Act 4 2007, of the club licence held by each of those 5 dissolved clubs to the continuing club. 6 Note. Under section 60 (6) of the Liquor Act 2007 the club licence held 7 by a dissolved club may be transferred to the parent (or amalgamated) 8 club only if the Authority is satisfied that the requirements of this Division 9 have been complied with. 10 (3) This Division (including any regulations made in relation to club 11 amalgamations) extends, with such modifications as are 12 necessary, to a proposed amalgamation in which one of the 13 parties involved comprises those members of an amalgamated 14 club who represent the interests of a proposed de-amalgamated 15 club (being a club that is to result from a de-amalgamation under 16 Division 1B). Accordingly, a reference in this Division (and in 17 any such regulation) to a registered club includes a reference to a 18 proposed de-amalgamated club and the members of that 19 proposed de-amalgamated club are taken to be the members of 20 the amalgamated club before the de-amalgamation. 21 [15] Section 17AC Definitions 22 Omit "this Division" from section 17AC (2). 23 Insert instead "in this Division and in Division 1B". 24 [16] Section 17AEB Other matters to be considered in relation to club 25 amalgamations 26 Omit "(being in each case an approval supported by a majority of the votes cast 27 at the meeting)" from section 17AEB (d). 28 [17] Part 2, Division 1B 29 Insert after Division 1A: 30 Division 1B Provisions relating to club 31 de-amalgamations 32 17AJ Club de-amalgamations 33 (1) An amalgamated club may de-amalgamate in accordance with 34 this Division. 35 Page 6 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Registered Clubs Act 1976 No 31 Schedule 1 (2) The de-amalgamation of an amalgamated club is effected by: 1 (a) the formation of a new registered club (referred to in this 2 Division as the de-amalgamated club), and 3 (b) the transfer to the de-amalgamated club of the title to (or of 4 the right to occupy) the premises (or any part of the 5 premises) that were, immediately before the amalgamation 6 with the parent club, owned or occupied by the dissolved 7 club (referred to in this Division as the relevant premises), 8 and 9 (c) the transfer to the de-amalgamated club, under section 60 10 of the Liquor Act 2007, of the club licence held by the 11 amalgamated club in respect of the relevant premises. 12 Note. Under section 60 (6) of the Liquor Act 2007 the club licence 13 held by the amalgamated club for the relevant premises may be 14 transferred to the de-amalgamated club only if the Authority is 15 satisfied that the requirements of this Division have been 16 complied with. 17 (3) In this Division: 18 dissolved club and parent club have the same meanings as in 19 Division 1A. 20 (4) For the purposes of this Division, the members of the dissolved 21 club include any person who, following the amalgamation, has 22 become a member of the amalgamated club but only in relation 23 to the relevant premises. 24 17AK Notification of proposed de-amalgamation and making of 25 submissions 26 (1) If an amalgamated club is proposing to de-amalgamate, the club 27 must, in accordance with the regulations, notify its members of 28 the proposed de-amalgamation. 29 (2) Any person may, subject to and in accordance with the 30 regulations, make a written submission to the Authority in 31 relation to a proposed de-amalgamation under this Division. 32 (3) If any such submission is made to the Authority, the Authority is 33 to take the submission into consideration before deciding 34 whether or not to approve the transfer under section 60 of the 35 Liquor Act 2007 to the de-amalgamated club of the licence held 36 by the parent club in respect of the relevant premises. 37 Page 7 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 1 Amendment of Registered Clubs Act 1976 No 31 17AL Statement relating to proposed de-amalgamation 1 (1) If an amalgamated club is proposing to de-amalgamate, the club 2 must prepare a statement containing the information required by 3 the regulations in relation to the proposed de-amalgamation. 4 (2) Any such statement must be made available in the manner 5 required by the regulations. 6 17AM Other matters to be considered in relation to club 7 de-amalgamations 8 Without limiting section 60 of the Liquor Act 2007, the Authority 9 may not approve the transfer to the de-amalgamated club of the 10 licence held by the parent club in respect of the relevant premises 11 unless the Authority is satisfied that: 12 (a) the de-amalgamated club will meet the requirements set 13 out in section 10 (1), and 14 (b) the de-amalgamated club will be financially viable, and 15 (c) the proposed de-amalgamation is in the interests of the 16 members of the parent club and the dissolved club, and 17 (d) the proposed de-amalgamation has been approved in 18 principle at separate extraordinary general meetings of the 19 ordinary members of the parent club and the members of 20 the dissolved club. 21 17AN Membership of de-amalgamated club 22 (1) Without limiting any other provision of this Act relating to the 23 membership of registered clubs, the membership of a 24 de-amalgamated club is, subject to the regulations, taken to 25 include the members of the dissolved club who have continued to 26 be members of the parent club up until the time the 27 de-amalgamation takes effect. 28 (2) Any such members of the dissolved club are, on becoming 29 members of the de-amalgamated club, entitled to continue as 30 members of the parent club. 31 17AO Transfer of relevant premises to de-amalgamated club 32 Despite section 41J (3) (c), the transfer by an amalgamated club 33 of the relevant premises to the de-amalgamated club may be 34 effected by means of private treaty. 35 Page 8 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Registered Clubs Act 1976 No 31 Schedule 1 [18] Section 30 Rules of registered clubs 1 Omit "The governing body" from section 30 (1) (a). 2 Insert instead "Except as provided by paragraphs (a1) and (a2), the governing 3 body". 4 [19] Section 30 (1) (a1) and (a2) 5 Insert after section 30 (1) (a): 6 (a1) If the regulations so provide, any election under 7 paragraph (a) is to be in accordance with Schedule 4. 8 (a2) If the regulations so provide, the members of the club who 9 are entitled to vote at an election of the governing body of 10 the club are such members (or class of members) of the 11 club as may be specified in the regulations for the purposes 12 of this paragraph. 13 [20] Section 30 (1) (b) 14 Omit "A person". 15 Insert instead "Except as provided by paragraph (b1), a person". 16 [21] Section 30 (1) (b1) 17 Insert after section 30 (1) (b): 18 (b1) The governing body of the club may include, at any one 19 time, no more than such number of persons (whether or not 20 full members of the club) as may be prescribed by the 21 regulations who are appointed, in accordance with the 22 regulations, by the elected members of the governing body 23 of the club. 24 [22] Section 30 (2) (j1) 25 Omit the paragraph. 26 [23] Section 30 (9A) 27 Insert after section 30 (9): 28 (9A) Subsection (9) (a) is subject to any regulations made under 29 subsection (1) (a2). 30 [24] Section 30 (13) (c) 31 Omit "poker". Insert instead "gaming". 32 Page 9 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 1 Amendment of Registered Clubs Act 1976 No 31 [25] Section 30A 1 Omit the section. Insert instead: 2 30A Honorary membership of RSL or services clubs for serving and 3 ex-service Defence Force personnel 4 (1) The rules of each RSL or services club are taken to include a rule 5 that any person attending the club premises who produces 6 evidence that the person is a serving member of the Australian 7 Defence Force is taken to have been admitted as an honorary 8 member of the club for the day the person attends the club 9 premises. 10 (2) The rules of each RSL or services club are also taken to include 11 a rule that any person attending the club premises who: 12 (a) is a former member of the Australian Defence Force, and 13 (b) produces evidence that the person is a Service Member of 14 the RSL and a member of at least one other RSL or 15 services club, 16 is taken to have been admitted as an honorary member of the club 17 for the day the person attends the club premises. 18 (3) Section 30 (2) (c) does not apply in relation to a person who is 19 taken to be admitted as an honorary member of an RSL or 20 services club under this section. 21 (4) In this section: 22 Australian Defence Force includes the armed forces of the 23 Commonwealth, however described. 24 RSL means the Returned and Services League of Australia. 25 RSL or services club means: 26 (a) an RSL, Services, Ex-services, Memorial, Legion or other 27 similar club that is a registered club, or 28 (b) a registered club that has objects similar to, or that 29 amalgamated with, a club of the kind referred to in 30 paragraph (a). 31 [26] Section 31 Manner of keeping registers relating to members and guests 32 Omit section 31 (1) (b1). 33 [27] Section 41J Disposal by club of real property 34 Omit "defined" from paragraph (a) of the definition of core property in section 35 41J (1). 36 Page 10 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Registered Clubs Act 1976 No 31 Schedule 1 [28] Section 41O 1 Insert after section 41N: 2 41O Requirements relating to loan contracts and contracts involving 3 the management of clubs by private businesses 4 (1) In this section: 5 loan contract means a contract under which the core property 6 (within the meaning of section 41J) of a registered club is used as 7 security for a loan of money to the club, but does not include any 8 such contract with a bank, authorised deposit-taking institution or 9 person or body (or class of persons or bodies) prescribed by the 10 regulations. 11 management contract means a contract under which a person 12 who is not a member of the governing body of a registered club, 13 or the secretary or a manager or employee of a registered club, 14 exercises functions in relation to the management of the business 15 or affairs of the club. 16 (2) A registered club must not enter into any loan contract or 17 management contract with any person unless the requirements of 18 this section are complied with. 19 (3) At least one month (or such other period as may be prescribed by 20 the regulations) before a registered club enters into any proposed 21 loan contract or management contract, the club must notify the 22 members of the club of the proposed contract by means of a 23 notice: 24 (a) displayed on a notice board on the club's premises, and 25 (b) published on the club's website (if any). 26 (4) Any such notice is to be in a form approved by the 27 Director-General. 28 (5) At least one month before a registered club enters into any 29 proposed loan contract or management contract, the club must 30 provide the Director-General with a report on the proposed 31 contract. 32 (6) Any such report is to be provided in a form approved by the 33 Director-General and comply with such standards and 34 requirements as the Director-General determines. 35 Page 11 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 1 Amendment of Registered Clubs Act 1976 No 31 (7) If the Director-General is of the opinion that the proposed 1 contract does not comply with the requirements of this Act or is 2 not in the interests of the club or its members, the 3 Director-General may, by notice in writing given to the club, 4 direct the club: 5 (a) not to enter into the proposed contract, or 6 (b) to amend the proposed contract in accordance with the 7 Director-General's direction before entering into the 8 contract. 9 (8) If the Director-General is of the opinion that a loan contract or 10 management contract entered into by a registered club does not 11 comply with the requirements of this Act or is not in the interests 12 of the club or its members, the Director-General may, by notice 13 in writing given to the club, direct the club: 14 (a) to amend the contract, or 15 (b) to terminate the contract, 16 in accordance with the terms of the direction. 17 Note. A direction by the Director-General under subsection (7) or (8) is 18 reviewable by the Authority under section 36A of the Gaming and Liquor 19 Administration Act 2007. 20 (9) The need to protect the interests of the club and its members is to 21 be the paramount consideration in making any decision for the 22 purposes of subsection (7) or (8). 23 (10) A registered club must comply with a direction given to it by the 24 Director-General under this section. 25 (11) Any costs incurred by the Director-General in reviewing a report 26 under this section are required to be paid by the registered club 27 that provided the report unless the Director-General determines 28 otherwise. Any such costs that are due to be paid may be 29 recovered by the Director-General in a court of competent 30 jurisdiction. 31 [29] Section 41P General provisions 32 Insert "(except section 41O)" after "Division" in section 41P (2). 33 [30] Section 41S Effect of termination or amendment of contract 34 Insert "under section 41O (8) or" after "is terminated". 35 Page 12 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Registered Clubs Act 1976 No 31 Schedule 1 [31] Section 41S (2) 1 Insert at the end of the section: 2 (2) Subsection (1) extends to a contract that is amended under 3 section 41O (8), and accordingly a reference in subsection (1) to 4 the termination of a contract includes a reference to a contract 5 that is so amended. 6 [32] Section 41T Offence of giving effect to terminated contract 7 Insert "under section 41O (8) or" after "terminated". 8 [33] Part 4A, Division 6 Inquiries in relation to registered clubs 9 Omit the Division. 10 [34] Section 45 Unauthorised persons using club premises 11 Omit section 45 (1) (a1). Insert instead: 12 (a1) is not an honorary member of the club as referred to in 13 section 30A, or 14 [35] Section 73 Regulations 15 Insert after section 73 (1) (l): 16 (m) requiring members of the governing bodies of registered 17 clubs, secretaries of clubs or persons appointed under the 18 Liquor Act 2007 as managers of club premises to undergo 19 training courses relating to financial management and 20 other matters that are relevant to their functions, 21 [36] Section 73 (1) (o) 22 Omit the paragraph. Insert instead: 23 (o) the amalgamation of registered clubs under Division 1A of 24 Part 2 and the de-amalgamation of amalgamated clubs 25 under Division 1B of Part 2. 26 [37] Schedule 2 Savings, transitional and other provisions 27 Insert at the end of clause 1A (1): 28 Clubs, Liquor and Gaming Machines Legislation Amendment Act 29 2011, to the extent that it amends this Act 30 Page 13 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 1 Amendment of Registered Clubs Act 1976 No 31 [38] Schedule 2, Part 21 1 Insert after Part 20: 2 Part 21 Provisions consequent on enactment of 3 Clubs, Liquor and Gaming Machines 4 Legislation Amendment Act 2011 5 101 Definition 6 In this Part: 7 amending Act means the Clubs, Liquor and Gaming Machines 8 Legislation Amendment Act 2011. 9 102 Pending club de-amalgamations 10 (1) Subject to the regulations and this clause, Division 1B of Part 2 11 of this Act (as inserted by the amending Act) does not apply to or 12 in respect of the de-amalgamation of an amalgamated club if the 13 de-amalgamation process was commenced before the date of 14 introduction into the Legislative Assembly of the Bill for the 15 amending Act. 16 (2) Section 17AM (as inserted by the amending Act) extends to the 17 de-amalgamation of an amalgamated club if the 18 de-amalgamation was initiated, but not completed, before the 19 commencement of that section. 20 [39] Schedule 4 Rules for election to governing body for term of 3 years 21 Insert at the end of clause 7: 22 (2) The triennial rule cannot be revoked by a club if the rule is taken 23 to apply to the club pursuant to a regulation made for the 24 purposes of section 30 (1) (a1). 25 Page 14 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Liquor Act 2007 No 90 Schedule 2 Schedule 2 Amendment of Liquor Act 2007 No 90 1 [1] Sections 1 (note), 4 (definitions of "close associate" and "inspector"), 2 152 (1) (p) and 157 (1) (note) 3 Omit "Casino, Liquor and Gaming Control Authority" wherever occurring. 4 Insert instead "Gaming and Liquor Administration". 5 [2] Section 4 Definitions 6 Omit the definition of Authority. Insert instead: 7 Authority means the Independent Liquor and Gaming Authority 8 constituted under the Gaming and Liquor Administration Act 9 2007. 10 [3] Section 4, definition of "Director-General" 11 Omit "Communities NSW". 12 Insert instead "the Department of Trade and Investment, Regional 13 Infrastructure and Services". 14 [4] Section 6 Exemptions from Act 15 Omit section 6 (1) (i). 16 [5] Section 6 (1A) 17 Insert after section 6 (1): 18 (1A) Exemption for gift services in certain circumstances 19 This Act does not apply to or in respect of the sale or supply of 20 liquor that is part of a sale of flowers or food designed to be 21 delivered as a gift to a person (other than the purchaser) specified 22 by the purchaser, but only if the following requirements are 23 complied with: 24 (a) the business of the vendor is promoted or marketed as a 25 genuine gift service, 26 (b) the gift is packaged and presented in such a manner that 27 any person receiving it would assume it to be a genuine 28 gift, 29 (c) the gift is delivered to the person specified by the 30 purchaser at a place other than the premises at which the 31 business of the vendor is conducted, 32 (d) the person to whom the gift is delivered is an adult, 33 Page 15 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 2 Amendment of Liquor Act 2007 No 90 (e) the gift is delivered between 7am and 7pm (except in the 1 case where unforeseen circumstances have delayed the 2 delivery of the gift during that period), 3 (f) the volume of liquor supplied as part of the gift does not 4 exceed 2 litres, 5 (g) the liquor has been purchased by the vendor on a retail 6 basis. 7 [6] Section 15 Hotel licence--general provisions 8 Insert "except as provided by section 15A," before "the primary purpose" in 9 section 15 (1) (a). 10 [7] Section 15A 11 Insert after section 15: 12 15A Cessation of liquor sales during trading hours 13 (1) Extended trading periods 14 A hotelier may, at any time during the period that an extended 15 trading authorisation is in force in relation to the licensed 16 premises: 17 (a) cease to sell or supply liquor on the licensed premises, and 18 (b) continue to provide, or make available, other services and 19 facilities on the licensed premises (such as food and 20 non-alcoholic beverages, entertainment and the use of the 21 premises for conferences or meetings and for gambling 22 activities that are otherwise permitted on the premises). 23 (2) Authority may approve of cessation of liquor sales during 24 standard trading period 25 A hotelier may, at any time during the standard trading period: 26 (a) cease to sell or supply liquor on the licensed premises, and 27 (b) continue to provide, or make available, other services and 28 facilities on the licensed premises (such as food and 29 non-alcoholic beverages, entertainment and the use of the 30 premises for conferences or meetings and for gambling 31 activities that are otherwise permitted on the premises), 32 but only with the approval of the Authority. 33 (3) An application for the approval of the Authority under 34 subsection (2) may be made by the hotelier concerned. Any such 35 application must be accompanied by the fee prescribed by the 36 regulations. 37 Page 16 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Liquor Act 2007 No 90 Schedule 2 (4) The Authority may give its approval only if it is satisfied that: 1 (a) the operation of gaming machines on the licensed premises 2 during the period to which the approval relates will not 3 detract unduly from the character of the hotel, and 4 (b) gambling activities on the licensed premises will be 5 conducted in a responsible manner. 6 (5) Cessation of liquor sales during standard trading period 7 without gambling activities 8 A hotelier may, at any time during the standard trading period: 9 (a) cease to sell or supply liquor on the licensed premises, and 10 (b) continue to provide, or make available, other services and 11 facilities on the licensed premises (such as food and 12 non-alcoholic beverages, entertainment and the use of the 13 premises for conferences or meetings). 14 However, it is a condition of the licence that the licensed 15 premises must not be used for the purposes of any gambling 16 activities during any such time that liquor is not being sold or 17 supplied unless an approval is in force under subsection (2) in 18 relation to the licensed premises. 19 [8] Section 47H Restrictions on licence conditions imposed by 20 Director-General 21 Omit "of Communities NSW" from section 47H (1). 22 [9] Section 48 Community impact 23 Insert after section 48 (6): 24 (7) Without limiting subsection (6), the regulations may provide that 25 the matters to be addressed by a community impact statement are, 26 in the case of an application for an extended trading authorisation 27 in relation to a hotel licence, to include matters relating to 28 gambling activities on the licensed premises during the period 29 that the authorisation is proposed to be in force. 30 [10] Section 53 Authority may impose, vary or revoke licence conditions 31 Omit "not inconsistent with this Act to which a licence is to be subject" from 32 section 53 (1). 33 Insert instead "on a licence". 34 Page 17 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 2 Amendment of Liquor Act 2007 No 90 [11] Section 53 (1A) 1 Insert after section 53 (1): 2 (1A) The conditions that may be imposed by the Authority on a licence 3 under this section include, but are not limited to, conditions: 4 (a) prohibiting the sale or supply of liquor on the licensed 5 premises before 10 am or after 11 pm (or both), and 6 (b) restricting the trading hours of, and public access to, the 7 licensed premises. 8 [12] Section 54A 9 Insert after section 54: 10 54A Directions relating to "sale on other premises" authorisations 11 (1) The Director-General may give a licensee who is the holder of an 12 authorisation under section 25 (6), or any employee or agent of 13 such a licensee, a written direction that relates to the operation of 14 the authorisation. 15 (2) Without limitation, any such direction may prohibit or restrict the 16 sale of liquor under the authorisation during such times, or on 17 such premises, as may be specified in the direction. 18 (3) A direction under this section: 19 (a) takes effect when it is given to the licensee or person 20 concerned or on a later date specified in the direction, and 21 (b) may be varied or revoked by the Director-General, and 22 (c) has effect despite the authority conferred by the 23 authorisation concerned. 24 (4) A licensee or person who fails to comply with a direction under 25 this section is guilty of an offence. 26 Maximum penalty: 50 penalty units. 27 [13] Section 60 Transfer of licence 28 Omit section 60 (6). Insert instead: 29 (6) A club licence may be transferred to another club only if the 30 Authority is satisfied that the requirements of Division 1A or 1B 31 of Part 2 of the Registered Clubs Act 1976 and of any regulations 32 made for the purposes of this section have, to the extent that they 33 apply in relation to the transfer, been complied with. 34 Note. Division 1A of Part 2 of the Registered Clubs Act 1976 relates to 35 club amalgamations and Division 1B relates to the de-amalgamation of 36 amalgamated clubs. 37 Page 18 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Liquor Act 2007 No 90 Schedule 2 [14] Section 66 Appointment of managers 1 Omit section 66 (6). Insert instead: 2 (6) In this section: 3 metropolitan area means an area described by the regulations as 4 a metropolitan area. 5 [15] Section 76 Self-exclusion of patrons from licensed premises 6 Insert after section 76 (7): 7 (7A) This section does not limit or otherwise affect the civil liability of 8 a person for negligence that causes personal injury to a person or 9 the death of a person. 10 [16] Section 99 Responsible sale, supply, service or promotion of liquor 11 Insert after section 99 (3): 12 (4) The regulations under subsection (2) (c) may create offences 13 punishable by a penalty not exceeding 100 penalty units. 14 Note. The penalty for any other offence created by the regulations 15 cannot exceed 50 penalty units--see section 159 (3). 16 [17] Section 147 Maximum penalties for certain offences 17 Insert "or the regulations" after "this Act" in section 147 (1) and (3) (b) 18 wherever occurring. 19 [18] Section 149A 20 Insert after section 149: 21 149A General defence available to managers of club premises 22 (1) It is a sufficient defence to a prosecution of a manager of club 23 premises for an offence under this Act or the regulations 24 (including any offence for which the manager is liable because of 25 section 91 or 149) if it is proved that: 26 (a) the manager had taken all reasonable precautions to avoid 27 commission of the alleged offence, and 28 (b) at the time of the alleged offence the manager did not 29 know, and could not reasonably be expected to have 30 known, that the alleged offence had been committed. 31 (2) However, subsection (1) does not apply in relation to any of the 32 following offences: 33 (a) an offence under section 73 (1) (a) (permitting intoxication 34 on licensed premises), 35 Page 19 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 2 Amendment of Liquor Act 2007 No 90 (b) an offence under section 75 (3) (failure to comply with 1 direction by Director-General), 2 (c) any offence under this Act or the regulations in respect of 3 which a defence is specifically available to the manager of 4 club premises, 5 (d) any other offence under this Act or the regulations that is 6 prescribed by the regulations for the purposes of this 7 subsection. 8 [19] Section 153 Review by Authority of Director-General's decisions 9 Omit the section. 10 [20] Section 155 Procedure for dealing with matters under Act to be informal 11 Omit the section. 12 [21] Schedule 1 Savings and transitional provisions 13 Insert at the end of clause 1 (1): 14 Clubs, Liquor and Gaming Machines Legislation Amendment Act 15 2011, to the extent that it amends this Act 16 [22] Schedule 1 17 Insert at the end of the Schedule with appropriate Part and clause numbering: 18 Part Provision consequent on enactment of 19 Clubs, Liquor and Gaming Machines 20 Legislation Amendment Act 2011 21 Conditions imposed by Authority to reduce trading hours 22 Any condition imposed by the Authority under section 53 that 23 would have been validly imposed had section 53 (1A) (as 24 inserted by the Clubs, Liquor and Gaming Machines Legislation 25 Amendment Act 2011) been in force when the condition was 26 imposed is validated. 27 [23] Schedule 4 Special licence conditions for declared premises 28 Omit "Attorney General's Department" from clause 9 (3). 29 Insert instead "Department of Attorney General and Justice". 30 Page 20 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Gaming Machines Act 2001 No 127 Schedule 3 Schedule 3 Amendment of Gaming Machines Act 1 2001 No 127 2 [1] Long title, sections 4 (definitions of "centralised cash control 3 equipment" and "gaming machine area"), 7 (a), 9, 20 (7), 21 (5), 32 (5), 4 34 (1), 37A (1) and (2), 37B (1), (4) and (6), 39-47A, 47C-52, 53 (3), 5 56 (1)-(3), 57 (1), 58 (1B), 61, 61A, 64 (4) and (8), 66 (1), 67 (4), 70 (1) (b), 6 71 (3) and (5), 72-76, 76B, 77 (2A)-(2C), 80, 80A, 85 (5) (a), 106, 122 (1), 7 123 (b), 126 (1), 127 (1), 129 (3) (b)-(d), 131 (2) (b) and (c), 132 (2) (c), 133, 8 133A (1) and (3), 134 (1) and (2), 141 (definitions of "authorised inter-club 9 linked gaming system" and "participating club"), 142 (2) (b) and (3), 10 148-153, 158 (1), 158A, 177 (1) (a), 194 (1) (c)-(c2) and (i), 198, 199 (3) (b), 11 201 (1), 203 (1), 204 (1) (b), 205 (2) (a) and (6) (b), 205B, 209 and 210 12 Omit "registered" wherever occurring. 13 [2] Sections 1 (note), 4 (definitions of "close associate" and "inspector") 14 and 67 (5) 15 Omit "Casino, Liquor and Gaming Control Authority" wherever occurring. 16 Insert instead "Gaming and Liquor Administration". 17 [3] Sections 3 (1) (e), 4 (definition of "subsidiary equipment"), 8, 10, 19-21, 18 31C (2), 32 (4), 37, 37A (2) (b) and (3), 58 (1) (c), 61A, 64 (1) and (3), 66 (3), 19 69 (2), 83 (1) (a) (i), 84 (1) and (2), 102 (3), 121, 194 (1) (a) and 210 (2) (z) 20 Omit "poker" wherever occurring. Insert instead "gaming". 21 [4] Section 3 Objects of Act 22 Omit "the Director," from section 3 (2). 23 [5] Section 4 Definitions 24 Omit the definition of Authority. Insert instead: 25 Authority means the Independent Liquor and Gaming Authority 26 constituted under the Gaming and Liquor Administration Act 27 2007. 28 Page 21 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 3 Amendment of Gaming Machines Act 2001 No 127 [6] Section 4 1 Omit the definitions of approved amusement device, approved gaming 2 machine, approved poker machine, hardship gaming machine, Liquor Act 3 poker machine permit, poker machine and poker machine entitlement. 4 Insert instead in alphabetical order: 5 approved gaming machine means a gaming machine declared 6 under section 64 to be an approved gaming machine and 7 includes: 8 (a) any subsidiary equipment approved by the Authority for 9 use in connection with the gaming machine, and 10 (b) any component of the gaming machine (other than a 11 component prescribed by the regulations as not being part 12 of the gaming machine), and 13 (c) any specially approved gaming machine within the 14 meaning of section 141. 15 gaming machine means a device that is designed: 16 (a) for the playing of a game of chance or a game that is partly 17 a game of chance and partly a game requiring skill, and 18 (b) for paying out money or tokens or for registering a right to 19 an amount of money or money's worth to be paid, 20 and includes any subsidiary equipment. 21 gaming machine entitlement (or entitlement) means a gaming 22 machine entitlement that is held in respect of a hotel licence or 23 club licence under Part 3. 24 permit (when used in or in relation to Part 3) means a permit 25 issued and in force under section 182C of the Liquor Act 1982 26 before the repeal of that section by this Act. 27 [7] Section 4, definitions of "club", "club licence" and "club premises" 28 Insert in alphabetical order: 29 club means a club that holds a club licence. 30 club licence means a club licence granted under the Liquor Act 31 2007 and club premises (or premises of a club) means the 32 premises to which any such licence relates. 33 [8] Section 4, definitions of "Director" and "Director-General" 34 Omit the definitions. Insert instead: 35 Director-General means the Director-General of the Department 36 of Trade and Investment, Regional Infrastructure and Services. 37 Page 22 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Gaming Machines Act 2001 No 127 Schedule 3 [9] Section 4, definition of "metropolitan area" 1 Omit the definition. Insert instead: 2 metropolitan area means an area described by the regulations as 3 a metropolitan area. 4 [10] Section 4, definition of "new club" 5 Omit the definition. Insert instead: 6 new club premises means: 7 (a) club premises that become licensed for the first time under 8 the Liquor Act 2007 (otherwise than because of the 9 operation of clause 93 of Schedule 2 to the Registered 10 Clubs Act 1976), or 11 (b) the premises to which a club licence is removed under the 12 Liquor Act 2007. 13 [11] Section 4, definition of "registered club" 14 Omit the definition. 15 [12] Sections 4 (definition of "subsidiary equipment"), 58 (1) (c), 64 (1) and (3) 16 and 121 17 Omit "or approved amusement device" wherever occurring. 18 [13] Section 4, definition of "temporary premises" 19 Omit "registered club". Insert instead "club premises". 20 [14] Section 8 Gaming machines not used for purposes of gambling 21 Omit "or a device that is in the nature of an approved amusement device" from 22 section 8 (1) and (2) wherever occurring. 23 [15] Sections 8, 66 (3), 69 (2) (b) and (c) and 121 (1) and (4) 24 Omit "or device" wherever occurring. 25 [16] Section 8 (4) 26 Omit "or a device in the nature of an approved amusement device". 27 [17] Part 3, heading 28 Omit "Poker machine entitlements and hardship gaming machines". 29 Insert instead "Gaming machine entitlements and permits". 30 Page 23 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 3 Amendment of Gaming Machines Act 2001 No 127 [18] Section 14 1 Omit the section. Insert instead: 2 14 Restrictions on number of gaming machine entitlements and 3 permits held 4 (1) The number of gaming machine entitlements held under this Act 5 in respect of hotel and club licences cannot exceed the overall 6 State cap. 7 (2) The number of gaming machine entitlements held in respect of a 8 club licence cannot exceed the gaming machine threshold for the 9 club premises. 10 (3) The number of gaming machine entitlements and permits held in 11 respect of a hotel licence cannot exceed the gaming machine 12 threshold for the hotel. 13 [19] Part 3, Division 2, heading 14 Omit "poker". Insert instead "gaming". 15 [20] Sections 15, 15AA and 18 16 Omit the sections. 17 [21] Section 16 18 Omit the section. Insert instead: 19 16 Certificate of gaming machine entitlements 20 (1) The number of gaming machine entitlements held in respect of a 21 hotel licence or club licence from time to time is to be specified 22 in a certificate issued by the Authority to the hotelier or club 23 concerned. The certificate may be incorporated in the relevant 24 hotel or club licence. 25 (2) Any such certificate may also specify the gaming machine 26 threshold for the hotel or club premises concerned. 27 [22] Section 19 Transfer of gaming machine entitlements 28 Omit section 19 (1). Insert instead: 29 (1) A gaming machine entitlement held in respect of a hotel licence 30 or club licence is transferable. 31 [23] Sections 19 (3) (c), 20 (6) and 21 (1), (4) and (5) 32 Omit "allocated" wherever occurring. Insert instead "held". 33 Page 24 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Gaming Machines Act 2001 No 127 Schedule 3 [24] Section 19 (4) 1 Omit the subsection. 2 [25] Section 20 General requirements relating to transfer of gaming machine 3 entitlements 4 Omit section 20 (1), (1A) and (2). Insert instead: 5 (1) Gaming machine entitlements held in respect of a hotel licence 6 may only be transferred to another hotel licence. 7 (2) Gaming machine entitlements held in respect of a club licence 8 may only be transferred to another club licence. 9 (2A) If a hotel licence or a club licence is removed under the Liquor 10 Act 2007 to other premises, any gaming machine entitlements 11 held in respect of the premises from which the licence is removed 12 may only be transferred to the premises to which the licence is 13 removed if they are transferred in accordance with this Division. 14 [26] Section 20 (4) 15 Omit "have been allocated". Insert instead "are held". 16 [27] Section 20 (4) 17 Omit "set of club premises". Insert instead "club licence". 18 [28] Section 20 (5) 19 Omit "allocated in respect of a hotel licence that is held in relation". 20 Insert instead "held in respect of a hotel licence that relates". 21 [29] Section 21 Other provisions relating to transfer of gaming machine 22 entitlements 23 Omit "is held in relation" from section 21 (1). Insert instead "relates". 24 [30] Section 21 (1A) 25 Insert after section 21 (1): 26 (1A) If, in the case of the removal of a hotel licence or club licence 27 under the Liquor Act 2007: 28 (a) any gaming machine entitlements held in respect of the 29 premises from which the licence is removed are transferred 30 to other premises, and 31 Page 25 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 3 Amendment of Gaming Machines Act 2001 No 127 (b) those other premises are situated in the same local 1 government area as the previous premises, 2 the forfeiture to the Authority of one gaming machine entitlement 3 per transfer block is not required. 4 [31] Section 21 (2) and (3) 5 Omit section 21 (2). Insert instead: 6 (2) If, in the case of a club that holds more than one club licence, 7 gaming machine entitlements held in respect of one of those 8 licences are transferred to another one of the club's licences, the 9 forfeiture to the Authority of one entitlement per transfer block is 10 not required. 11 Note. Section 19 (2) of the Liquor Act 2007 provides that each set of 12 premises owned or occupied by a club must be separately licensed 13 under that Act. 14 (3) If: 15 (a) an amalgamated club (within the meaning of the 16 Registered Clubs Act 1976) de-amalgamates in accordance 17 with Division 1B of Part 2 of that Act, and 18 (b) any gaming machine entitlements held in respect of the 19 club licence for the relevant premises (as referred to in that 20 Division) are, in connection with the de-amalgamation, 21 transferred to the club licence held by the de-amalgamated 22 club for those premises, 23 the forfeiture to the Authority of one entitlement per transfer 24 block is not required. 25 [32] Section 21 (4) 26 Omit "the premises of a registered club" wherever occurring. 27 Insert instead "a club licence". 28 [33] Section 21 (5) 29 Omit "of the premises of the club". 30 Insert instead "club licence held by the club". 31 [34] Section 21 (6) 32 Omit the subsection. 33 [35] Section 22 Exchange of AADs for poker machine entitlements 34 Omit the section. 35 Page 26 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Gaming Machines Act 2001 No 127 Schedule 3 [36] Sections 23 and 24 1 Omit the sections. Insert instead: 2 23 Transfer of gaming machine entitlements when hotel or club 3 licence surrendered or cancelled 4 (1) If a hotel licence or club licence is surrendered or cancelled any 5 gaming machine entitlements held in respect of the licence 6 concerned may, in accordance with this Division, be transferred. 7 (2) If any such gaming machine entitlements have not been 8 transferred at the end of the period of 12 months immediately 9 following the surrender or cancellation of the hotel or club 10 licence concerned, the remaining entitlements are forfeited to the 11 Authority. 12 (3) However, a remaining entitlement may be retained for a further 13 period of up to 12 months if a levy is paid to the Authority to 14 retain the entitlement for that period. The levy is $500 for each of 15 the remaining entitlements intended to be retained. 16 (4) The Authority may, in the case of a club, allow a gaming machine 17 entitlement to be retained for the further period without requiring 18 the payment of the levy under subsection (3) if the Authority is 19 satisfied that the delay in transferring the remaining entitlements 20 is due to circumstances beyond the control of the proposed 21 transferor of the entitlements. 22 (5) If the remaining gaming machine entitlements have not been 23 transferred by the end of the further 12-month period under 24 subsection (3) the entitlements are forfeited to the Authority. 25 (6) Any levy paid under this section is to be paid into the Community 26 Development Fund. 27 [37] Section 24A Transfer of poker machine entitlements when club 28 permanently ceases to trade 29 Omit the section. 30 [38] Sections 25 and 25A 31 Omit the sections. 32 Page 27 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 3 Amendment of Gaming Machines Act 2001 No 127 [39] Part 3, Division 3 1 Omit the Division. Insert instead: 2 Division 3 Transfer of permits 3 26 Transfer of permits generally 4 (1) A permit that is held in respect of a hotel licence may be 5 transferred to another hotel licence but only in accordance with 6 such arrangements as are approved by the Director-General. 7 (2) Any such arrangements may, without limitation, provide for the 8 charging of fees in connection with an application for the 9 approval of the transfer of permits. 10 27 Hotel's gaming machine threshold to be decreased when permits 11 transferred to another hotel 12 If any permits held in respect of a hotel licence are transferred to 13 another hotel licence in accordance with the arrangements 14 referred to in section 26, the Authority is to decrease, by the 15 number of permits transferred, the gaming machine threshold for 16 the hotel from which the permits are transferred. 17 28 Transfer of permits when hotel licence surrendered or cancelled 18 (1) If a hotel licence is surrendered or cancelled, any permits held in 19 respect of the licence may, in accordance with such arrangements 20 as are approved by the Director-General, be transferred to 21 another hotel licence. 22 (2) If, at the end of the period of 12 months immediately following 23 the surrender or cancellation of the hotel licence, any such 24 permits have not been transferred, the remaining permits are 25 forfeited to the Authority. 26 (3) However, any such remaining permit may be retained for a 27 further period of up to 12 months if a levy is paid to the Authority 28 to retain the permit for that period. The levy is $500 for each of 29 the remaining permits intended to be retained. 30 (4) If the remaining permits have not been transferred by the end of 31 the further 12-month period under subsection (3), the permits are 32 forfeited to the Authority. 33 (5) Any levy paid under this section is to be paid into the Community 34 Development Fund. 35 Page 28 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Gaming Machines Act 2001 No 127 Schedule 3 [40] Section 31A Forfeiture of other entitlements in certain circumstances 1 Omit the section. 2 [41] Section 31B Transfer of Liquor Act poker machine permits when hotel 3 licence surrendered or cancelled 4 Omit the section. 5 [42] Section 31C Consequences of moving to temporary premises 6 Omit section 31C (1). Insert instead: 7 (1) If the business under a hotel licence or a club licence is carried on 8 at temporary premises, any gaming machine entitlements held in 9 respect of the licence concerned may, in accordance with 10 Division 2 of this Part, be transferred to the temporary premises 11 without the forfeiture of any of the entitlements to the Authority. 12 [43] Section 31C (3) 13 Omit the subsection. 14 [44] Section 32 Gaming machine thresholds for venues 15 Omit "premises of a registered club" from section 32 (1). 16 Insert instead "club premises". 17 [45] Section 32 (4) 18 Omit "the premises of a new club". Insert instead "new club premises". 19 [46] Section 32 (6) 20 Insert after section 32 (5): 21 (6) For the purposes of this Division and any regulations made under 22 this Division, a hotel or club premises cease to be a new hotel or 23 new club premises (as the case requires) once the gaming 24 machine threshold for the hotel or club premises is increased. 25 Note. If the licence for the venue is subsequently removed under the 26 Liquor Act 2007 to another venue, the other venue would be considered 27 a new hotel or new club premises (as the case requires). 28 Page 29 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 3 Amendment of Gaming Machines Act 2001 No 127 [47] Section 35 Requirements relating to threshold increase applications 1 Omit section 35 (2). Insert instead: 2 (2) When LIA is not required 3 A threshold increase application is not required to be 4 accompanied by a LIA if the application is made together with a 5 transfer application and either or both of the following apply: 6 (a) the relevant venue is situated in a Band 1 LGA and the 7 threshold increase application, if approved, would not 8 result in the gaming machine threshold for the venue being 9 increased, over any period of 12 months, by a number that 10 is more than the number corresponding to a low-range 11 increase for the venue, 12 (b) the relevant venue and the hotel or the club premises from 13 which the gaming machine entitlements or permits are 14 proposed to be transferred by the transfer application are 15 situated in the same local government area. 16 (2A) For the purposes of subsection (2), a transfer application means 17 either or both of the following: 18 (a) an application under section 19 for the Authority's 19 approval of the transfer of gaming machine entitlements to 20 the relevant venue, 21 (b) an application under and in accordance with the 22 arrangements referred to in section 26 for the acquisition 23 by the relevant venue of permits. 24 [48] Section 36 Approval of LIA by Authority 25 Omit "comprises the premises of a new club or is a new hotel" from 26 section 36 (3) (c) (ii) and (d) (ii) wherever occurring. 27 Insert instead "is a new hotel or comprises new club premises". 28 [49] Section 36 (3) (c) (ii) and (d) (ii) 29 Insert "public" after "place of" wherever occurring. 30 [50] Section 37 Provisions relating to increased gaming machine thresholds 31 when LIA approved 32 Insert after section 37 (4): 33 (5) A reference in this section to gaming machine entitlements 34 includes, if the relevant venue is a hotel, a reference to permits. 35 Page 30 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Gaming Machines Act 2001 No 127 Schedule 3 [51] Section 37C 1 Insert after section 37B: 2 37C Special provision relating to de-amalgamated clubs 3 (1) A threshold increase application by a de-amalgamated club in 4 respect of the premises that are transferred to it under the 5 de-amalgamation (the relevant premises) is not required to be 6 accompanied by a LIA if the relevant premises: 7 (a) are situated in the same local government area as the 8 premises of the amalgamated club from which gaming 9 machine entitlements are proposed to be transferred to the 10 relevant premises, or 11 (b) are situated in a Band 1 LGA and the threshold increase 12 application, if approved, would not result in the gaming 13 machine threshold for the premises being increased, over 14 any period of 12 months, by a number that is more than the 15 number corresponding to a low-range increase for the 16 premises, or 17 (c) are situated in a Band 1 or Band 2 LGA and the threshold 18 increase application, if approved, would not result in the 19 gaming machine threshold for the relevant premises 20 exceeding the gaming machine threshold for the premises 21 of the dissolved club immediately before it amalgamated 22 with the parent club concerned. 23 (2) If a LIA is required to be provided with any such threshold 24 increase application because paragraphs (a)-(c) of subsection (1) 25 do not apply in relation to the relevant premises, a class 1 LIA is 26 required to be provided with the threshold increase application 27 concerned. 28 (3) Subsections (1) and (2) have effect despite any other provision of 29 this Division but apply only if the threshold increase application 30 by the de-amalgamated club is made: 31 (a) in connection with the de-amalgamation, and 32 (b) together with an application under section 19 for the 33 Authority's approval of the transfer of gaming machine 34 entitlements to the relevant premises from the premises of 35 the amalgamated club. 36 (4) A word or expression used in this section that has a meaning 37 under the Registered Clubs Act 1976 has the same meaning given 38 to it under that Act. 39 Page 31 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 3 Amendment of Gaming Machines Act 2001 No 127 [52] Sections 44A (1), 77 (2B) (a), 94, 95 (1), 96, 113, 125, 128, 129 (1) (a) and 1 (3) (k), 131 (2) (i), 133A (2) (b) and 194 (1) (g) 2 Omit "Director" wherever occurring. Insert instead "Director-General". 3 [53] Section 44A Location of gaming machines in venues 4 Omit the note to section 44A (1). Insert instead: 5 Note. Any such decision is reviewable by the Authority under section 6 36A of the Gaming and Liquor Administration Act 2007. 7 [54] Section 46 Provision of problem gambling counselling services 8 Insert "premises" after "hotel or club" in section 46 (1). 9 [55] Section 47 Responsible conduct in relation to gaming machines 10 Omit section 47 (3). Insert instead: 11 (3) The regulations under this section (other than subsection (2) (c)) 12 may create offences punishable by a penalty not exceeding 13 50 penalty units. 14 Note. The penalty for any other offence created by the regulations 15 (including regulations under subsection (2) (c)) cannot exceed 16 100 penalty units--see section 210 (3). 17 [56] Sections 48 (5) and 204A (1) 18 Omit "the Arts, Sport and Recreation" wherever occurring. 19 Insert instead "Trade and Investment, Regional Infrastructure and Services". 20 [57] Section 49 Self-exclusion of patrons from hotels and clubs 21 Insert "a" after "in the case of" in paragraph (a) of the definition of responsible 22 person in section 49 (1). 23 [58] Section 49 (6) 24 Insert after section 49 (5): 25 (6) This section does not limit or otherwise affect the civil liability of 26 a person for negligence that causes personal injury to a person or 27 the death of a person. 28 Page 32 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Gaming Machines Act 2001 No 127 Schedule 3 [59] Section 56 Requirement for authorisation to keep or dispose of gaming 1 machines 2 Omit section 56 (4). Insert instead: 3 (4) The total number of approved gaming machines that the 4 Authority may authorise to be kept in a hotel from time to time 5 consists of the following: 6 (a) the number of approved gaming machines that 7 corresponds to the number of gaming machine 8 entitlements held in respect of the hotel licence, 9 (b) the number of approved gaming machines that 10 corresponds to the number of permits (as referred to in 11 Part 3) held in respect of the hotel licence. 12 [60] Section 56 (5) 13 Omit the subsection. Insert instead: 14 (5) The total number of approved gaming machines that the 15 Authority may authorise to be kept on any club premises from 16 time to time is the number of approved gaming machines that 17 corresponds to the number of gaming machine entitlements held 18 in respect of the club licence. 19 [61] Section 58 Suspension or cancellation of authorisations 20 Insert after section 58 (1B): 21 (1C) Section 56 (1) does not prohibit the keeping of an approved 22 gaming machine during any period that the authorisation to keep 23 the gaming machine is suspended so long as the gaming machine 24 is not operated at any time during that period of suspension. 25 [62] Section 58 (3) 26 Omit the subsection. Insert instead: 27 (3) If, under the Liquor Act 2007, a club licence is removed to other 28 premises (whether or not those other premises are outside the 29 neighbourhood of the previous premises), the removal of the club 30 licence has the effect of cancelling the club's authorisation to 31 keep any approved gaming machine on the previous premises. 32 [63] Section 59A Restrictions on authorisation to keep approved amusement 33 devices 34 Omit the section. 35 Page 33 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 3 Amendment of Gaming Machines Act 2001 No 127 [64] Section 61A Limit on number of MTGMs in clubs 1 Omit "allocated for those premises" from section 61A (1) and (3) wherever 2 occurring. 3 Insert instead "held in respect of the club licence concerned". 4 [65] Section 61A (3) 5 Omit "so allocated". Insert instead "so held". 6 [66] Section 62 Authority may approve technical standards 7 Omit section 62 (1). Insert instead: 8 (1) The Authority may, from time to time, approve of technical 9 standards in relation to gaming machines for the purposes of 10 ensuring the integrity of gaming by the use of gaming machines. 11 [67] Section 63 Application for declaration of device as approved gaming 12 machine 13 Omit section 63 (1). Insert instead: 14 (1) The holder of a dealer's licence may apply to the Authority for 15 the declaration of a device as an approved gaming machine. 16 [68] Section 66 Non-approved gaming machines may be kept on trial basis 17 Omit section 66 (1) and (2). Insert instead: 18 (1) A hotelier or club may, with the approval of the Authority and 19 subject to compliance with any conditions imposed by the 20 Authority, keep on a trial basis for a period fixed by the Authority 21 a gaming machine that is not an approved gaming machine. 22 [69] Section 69 Possession etc of gaming machines that are not approved 23 Omit section 69 (1). Insert instead: 24 (1) A person (including a hotelier or club) must not possess, supply, 25 sell or install a gaming machine unless it is an approved gaming 26 machine. 27 Maximum penalty: 100 penalty units or imprisonment for 28 12 months, or both. 29 [70] Section 69 (2) 30 Omit "or device that is in the nature of an approved amusement device". 31 Page 34 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Gaming Machines Act 2001 No 127 Schedule 3 [71] Section 69A Sale etc of unapproved gaming machine components 1 Omit section 69A (1). Insert instead: 2 (1) In this section: 3 component means any component of a gaming machine. 4 relevant device, in relation to a component, means the gaming 5 machine to which the component has been, or is intended to be, 6 added. 7 [72] Section 83 Types of gaming-related licences and authority they confer 8 Omit "and devices in the nature of approved amusement devices" from 9 section 83 (1) (a) (i). 10 [73] Section 83 (1) (e) 11 Omit "poker machines or devices that are in the nature of approved 12 amusement devices". 13 Insert instead "gaming machines". 14 [74] Section 83 (1) (e) 15 Omit "the poker machines or devices". Insert instead "the gaming machines". 16 [75] Section 84 Manufacturing or assembling of gaming machines 17 Omit "or a device that is in the nature of an approved amusement device" from 18 section 84 (1). 19 [76] Section 84 (2) 20 Omit "or device that is in the nature of an approved amusement device". 21 [77] Section 84 (3) 22 Omit the subsection. Insert instead: 23 (3) Subsection (2) does not apply to the manufacture or assembly of 24 a gaming machine by the holder of a dealer's licence if: 25 (a) the Authority has agreed to the making of an application by 26 the licensee to have the gaming machine declared as an 27 approved gaming machine, and 28 (b) the manufacture or assembly of the gaming machine is for 29 the purposes of the application and its investigation. 30 Page 35 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 3 Amendment of Gaming Machines Act 2001 No 127 [78] Section 102 Granting of testing facility licence 1 Omit "poker machines and devices in the nature of approved amusement 2 devices" from section 102 (1) (b). 3 Insert instead "gaming machines". 4 [79] Section 194 Evidentiary provisions 5 Omit section 194 (1) (b). 6 [80] Section 194 (1) (h) 7 Omit the paragraph. 8 [81] Section 196 Prosecution of unincorporated clubs 9 Omit the section. 10 [82] Section 205 Additional functions of Authority 11 Omit section 205 (1) (a). 12 [83] Section 205 (1) (e) 13 Omit "poker machines or". 14 [84] Section 208 Delegations 15 Omit ", the Director" from the definition of office holder in section 208 (3). 16 [85] Section 210 (2) (z) 17 Omit "allocation,". 18 [86] Section 210 (2) (z1) 19 Insert after section 210 (2) (z): 20 (z1) requiring the payment of specified fees in relation to 21 applications made, approvals and certificates given, and 22 other matters arising, under this Act. 23 [87] Schedule 1 Savings, transitional and other provisions 24 Insert at the end of clause 1 (1): 25 Clubs, Liquor and Gaming Machines Legislation Amendment Act 26 2011, to the extent that it amends this Act 27 Page 36 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Gaming Machines Act 2001 No 127 Schedule 3 [88] Schedule 1, clause 5 1 Omit the clause. Insert instead: 2 5 Saving of permits issued under section 182C of former Liquor Act 3 The repeal of section 182C of the Liquor Act 1982 by this Act 4 does not affect the acquisition of any permit issued under that 5 section before its repeal. 6 [89] Schedule 1, clause 45 7 Insert after clause 45 (4): 8 (4A) For the purposes of facilitating the operation of any SIA as 9 referred to in subclause (2), permits may, in the case of a hotel to 10 which any such SIA applies, be acquired by the hotelier, in 11 addition to the acquisition of gaming machine entitlements, to fill 12 any quota set by the regulations (as in force immediately before 13 the relevant date) in relation to the SIA. 14 [90] Schedule 1, Part 13 15 Insert after Part 12: 16 Part 13 Provisions consequent on enactment of 17 Clubs, Liquor and Gaming Machines 18 Legislation Amendment Act 2011 19 49 Definitions 20 In this Part: 21 amending Act means the Clubs, Liquor and Gaming Machines 22 Legislation Amendment Act 2011. 23 permit means a permit issued and in force under section 182C of 24 the Liquor Act 1982 before its repeal. 25 50 Effect of previous permit transfers on transferring hotel's gaming 26 machine threshold 27 (1) Subject to the regulations, if the gaming machine threshold or the 28 SIA threshold (within the meaning of clause 45 of this Schedule) 29 for a hotel was not, before the commencement of this clause, 30 decreased as a result of the transfer of permit from the hotel in 31 accordance with the relevant arrangements, the Authority is, on 32 the first anniversary of that commencement, to decrease the 33 gaming machine threshold for the hotel by a number that is equal 34 to so much of the unused portion of the hotel's gaming machine 35 Page 37 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 3 Amendment of Gaming Machines Act 2001 No 127 threshold or SIA threshold as was not decreased as the result of 1 the transfer. 2 (2) In this clause: 3 relevant arrangements means the arrangements applying under 4 clause 5 of this Schedule immediately before the substitution of 5 that clause by the amending Act. 6 unused portion of a gaming machine threshold or SIA threshold 7 means any portion of the threshold concerned for which a gaming 8 machine entitlement or permit has not been acquired. 9 51 Calculation of hotel gaming machine threshold--exclusion of 10 excess permits 11 (1) For the purposes of section 14 (3) (as inserted by the amending 12 Act), the gaming machine threshold for a hotel does not include 13 the number of any excess permits held in respect of the hotel 14 licence immediately before the date of commencement of this 15 clause. An excess permit is a permit that, when added to the total 16 number of gaming machine entitlements held in respect of the 17 licence as at that date, would amount to a number that is greater 18 than the gaming machine threshold for the hotel as at that date. 19 (2) For the avoidance of doubt, any such excess permit may be 20 transferred in accordance with the arrangements approved under 21 section 26 (as substituted by the amending Act). 22 (3) This clause does not affect the operation of clause 50. 23 52 Hardship gaming machine approvals 24 (1) The approval under Division 3 of Part 3 of this Act (as in force 25 immediately before its repeal by the amending Act) of the 26 keeping of a hardship gaming machine expires on the tenth 27 anniversary of the date of the approval. 28 (2) Despite their repeal by the amending Act, sections 31 and 56 (4) 29 (c) and (5) (b) continue to apply to or in respect of a hardship 30 gaming machine until such time: 31 (a) as the approval of the keeping of the gaming machine 32 expires in accordance with this clause, or 33 (b) as the approval of the keeping of the gaming machine is 34 forfeited in accordance with section 31 as so continued, 35 whichever occurs first. 36 (3) For the purposes of subclause (2), a reference in section 31 (as 37 continued by that subclause) to a poker machine entitlement is 38 taken to be a reference to a gaming machine entitlement. 39 Page 38 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Gaming Machines Act 2001 No 127 Schedule 3 53 Effect of surrender or disposal of AADs 1 (1) Subject to the regulations, if the AAD threshold or gaming 2 machine threshold for a hotel or club premises (the venue) was 3 not, before the commencement of this clause, decreased: 4 (a) as a result of the surrender under section 22 (as in force 5 before its repeal by the amending Act) of an authorisation 6 under Part 5 of this Act to keep approved amusement 7 devices in the venue, or 8 (b) following the authorisation under Part 5 of this Act for the 9 disposal of approved amusement devices kept in the 10 venue, 11 the Authority is, on the first anniversary of that commencement, 12 to decrease the gaming machine threshold for the venue by a 13 number that is equal to so much of the unused portion of the 14 venue's AAD threshold or gaming machine threshold as was not 15 decreased as the result of the surrender or disposal. 16 (2) In this clause: 17 AAD threshold for a venue means the AAD threshold (as defined 18 under section 4 of this Act immediately before the repeal of that 19 definition by the Gaming Machines Amendment Act 2008) for the 20 venue. 21 unused portion of an AAD threshold or gaming machine 22 threshold means any portion of the threshold concerned for which 23 a gaming machine entitlement or, in the case of a hotel, a permit 24 has not been acquired. 25 54 Acquisition of permits to fill existing SIA quotas 26 Anything done under clause 45 (4A) (as inserted by the amending 27 Act) that would have been validly done had that subclause been 28 in force when it was done is validated. 29 Page 39 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 4 Amendment of Casino, Liquor and Gaming Control Authority Act 2007 No 91 Schedule 4 Amendment of Casino, Liquor and 1 Gaming Control Authority Act 2007 2 No 91 3 [1] Long title 4 Omit "Casino, Liquor and Gaming Control". 5 Insert instead "Independent Liquor and Gaming". 6 [2] Section 1 Name of Act 7 Omit "Casino, Liquor and Gaming Control Authority". 8 Insert instead "Gaming and Liquor Administration". 9 [3] Section 3 Definitions 10 Omit the definition of Authority from section 3 (1). Insert instead: 11 Authority means the Independent Liquor and Gaming Authority 12 constituted under this Act. 13 [4] Section 3, definition of "Chief Executive" 14 Omit "Casino, Liquor and Gaming Control". 15 Insert instead "Independent Liquor and Gaming". 16 [5] Section 3, definition of "Director-General" 17 Omit "Communities NSW". 18 Insert instead "the Department of Trade and Investment, Regional 19 Infrastructure and Services". 20 [6] Sections 3 (definition of "inspector" and paragraph (d) of the definition 21 of "key official"), 16 (4) (paragraph (a) of the definition of "appropriate 22 authority"), 20 and 38 23 Omit "relevant Division Head" wherever occurring. 24 Insert instead "Director-General". 25 [7] Section 3, paragraph (b) of the definition of "key official" 26 Omit the paragraph. 27 [8] Section 3, definition of "relevant Division Head" 28 Omit the definition. 29 Page 40 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Casino, Liquor and Gaming Control Authority Act 2007 Schedule 4 No 91 [9] Section 6 Constitution of Authority 1 Omit "Casino, Liquor and Gaming Control" from section 6 (1). 2 Insert instead "Independent Liquor and Gaming". 3 [10] Section 9 General functions of Authority 4 Omit "(by secondment or otherwise)" from section 9 (3) (b). 5 [11] Section 17 Secrecy 6 Omit section 17 (2) (a). Insert instead: 7 (a) to a particular person or body (or to a particular class of 8 persons or bodies) if the Authority or the Director-General 9 certifies that it is necessary in the public interest that the 10 information be divulged to the person or body or class of 11 persons or bodies, or 12 [12] Section 20 Appointment and identification of inspectors 13 Omit "the Division Head" from section 20 (3). 14 Insert instead "the Director-General". 15 [13] Section 36 False or misleading statements 16 Omit ", the Director-General or the relevant Division Head" from the 17 definition of official document in section 36 (2). 18 Insert instead "or the Director-General". 19 [14] Sections 36A and 36B 20 Insert after section 36: 21 36A Review by Authority of certain decisions by Director-General 22 under gaming and liquor legislation 23 (1) In this section: 24 reviewable decision means: 25 (a) any of the following decisions of the Director-General 26 under the Liquor Act 2007: 27 (i) a decision under section 54 to impose a condition on 28 a licence or to vary or revoke any such condition, 29 (ii) a decision under section 54A to give a direction 30 relating to the operation of a "sale on other 31 premises" authorisation, 32 (iii) a decision under section 75 to give a direction 33 relating to licensed premises, 34 Page 41 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 4 Amendment of Casino, Liquor and Gaming Control Authority Act 2007 No 91 (iv) a decision under section 81 in relation to a 1 disturbance complaint, 2 (v) a decision under section 87 to make a late hour entry 3 declaration, 4 (vi) a decision under section 90 to vary or revoke a late 5 hour entry declaration, 6 (vii) a decision under section 101 to restrict or prohibit 7 the sale or supply of undesirable liquor products, 8 (viii) a decision under section 102 to restrict or prohibit 9 the undesirable promotion of liquor, 10 (ix) a decision under section 136 to give a direction to 11 contribute to the costs of promoting or giving effect 12 to a local liquor accord, 13 (x) a decision under section 136F to give a direction to 14 contribute to the costs associated with the operation 15 of a precinct liquor accord, or 16 (b) a decision of the Director-General to give a direction under 17 section 44A (Location of gaming machines in venues) of 18 the Gaming Machines Act 2001, or 19 (c) a decision of the Director-General to give a direction under 20 section 41O (Requirements relating to loan and 21 management contracts) of the Registered Clubs Act 1976. 22 (2) Any person who is aggrieved by a reviewable decision may, in 23 accordance with the regulations and on payment of such fee as 24 may be prescribed by the regulations, apply in writing to the 25 Authority for a review of the decision. 26 (3) An application for such a review does not operate to stay the 27 reviewable decision of the Director-General unless the Authority 28 otherwise directs. 29 (4) In determining an application for review under this section, the 30 Authority may: 31 (a) confirm the decision the subject of the application, or 32 (b) vary the decision, or 33 (c) revoke the decision. 34 (5) However, in the case of a review of a decision of the 35 Director-General under section 136F of the Liquor Act 2007, the 36 Authority may vary or revoke the Director-General's decision 37 only if the Authority is satisfied that the amount of the 38 contribution directed to be paid was not determined in 39 Page 42 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Amendment of Casino, Liquor and Gaming Control Authority Act 2007 Schedule 4 No 91 accordance with the terms of the relevant precinct liquor accord 1 (within the meaning of that Act). 2 (6) The Director-General is to give effect to any decision of the 3 Authority under this section to vary or revoke the decision the 4 subject of the application for review. 5 (7) The Authority may not make any decision in relation to an 6 application for review under this section unless a member of the 7 Authority who is or has been a Judge, or has been an Australian 8 lawyer for at least 7 years, is present at the meeting of the 9 Authority or the committee of the Authority at which the decision 10 of the Authority is made. 11 36B Procedure for dealing with matters under gaming and liquor 12 legislation to be informal 13 (1) A formal hearing involving the legal representation of parties is 14 not required to be held in relation to any application or other 15 matter (including the taking of any disciplinary action) that may 16 be dealt with or decided by the Authority or the Director-General 17 under the gaming and liquor legislation. 18 (2) However, subsection (1) does not prevent the Authority or the 19 Director-General, in such cases as the Authority or the 20 Director-General considers appropriate: 21 (a) from conducting an interview or convening a conference 22 or meeting, or 23 (b) from receiving submissions, 24 in relation to any application or other matter that may be dealt 25 with or decided by the Authority or the Director-General under 26 the gaming and liquor legislation. 27 (3) Any such conference or meeting is to be presided over by the 28 Authority or the Director-General, as the case requires, and the 29 procedure at the conference or meeting is to be determined by the 30 Authority or the Director-General, as the case requires. 31 (4) This section is subject to any other provision of the gaming and 32 liquor legislation. 33 [15] Section 38 Delegation by Director-General 34 Omit "Division Head's". Insert instead "Director-General's". 35 Page 43 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 4 Amendment of Casino, Liquor and Gaming Control Authority Act 2007 No 91 [16] Section 38A 1 Insert after section 38: 2 38A Fees for services provided under the gaming and liquor legislation 3 (1) A fee may be charged for services provided, on request, by a 4 member of staff in connection with the administration of the 5 gaming and liquor legislation. Any such fee cannot exceed the 6 amount determined by the Director-General as a reasonable fee 7 for the service provided. 8 (2) This section does not apply in relation to any service for which a 9 fee or charge is prescribed by the regulations under the gaming 10 and liquor legislation. 11 [17] Section 39 Annual report 12 Omit "Department of the Arts, Sport and Recreation". 13 Insert instead "Department of Trade and Investment, Regional Infrastructure 14 and Services". 15 [18] Schedule 2 Savings, transitional and other provisions 16 Insert at the end of clause 1 (1): 17 Clubs, Liquor and Gaming Machines Legislation Amendment Act 18 2011, to the extent that it amends this Act 19 Page 44 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Consequential amendments to other Acts Schedule 5 Schedule 5 Consequential amendments to other 1 Acts 2 5.1 Casino Control Act 1992 No 15 3 [1] Sections 1 (note), 3 (definitions of "close associate", "inspector", "key 4 official" and "member of staff") and 149 (5) 5 Omit "Casino, Liquor and Gaming Control Authority" wherever occurring. 6 Insert instead "Gaming and Liquor Administration". 7 [2] Section 3 Definitions 8 Omit the definition of Authority. Insert instead: 9 Authority means the Independent Liquor and Gaming Authority 10 constituted under the Gaming and Liquor Administration Act 11 2007. 12 5.2 Duties Act 1997 No 123 13 [1] Sections 11 (1) (h1), 36, 37 and 65 (7) (a) (ii) and note to section 65 14 Omit "poker" wherever occurring. Insert instead "gaming". 15 [2] Section 65 Exemptions from duty 16 Omit section 65 (7) (a) (i). Insert instead: 17 (i) a permit under Division 3 of Part 3 of the Gaming 18 Machines Act 2001, or 19 5.3 Fines Act 1996 No 99 20 Schedule 1 Statutory provisions under which penalty notices issued 21 Omit the matter relating to the Casino, Liquor and Gaming Control Authority 22 Act 2007. 23 Insert instead in alphabetical order: 24 Gaming and Liquor Administration Act 2007, section 46 25 Page 45 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 5 Consequential amendments to other Acts 5.4 Gaming Machine Tax Act 2001 No 72 1 Section 3 Definitions 2 Omit the definition of Authority. Insert instead: 3 Authority means the Independent Liquor and Gaming Authority 4 constituted under the Gaming and Liquor Administration Act 5 2007. 6 5.5 Government Information (Public Access) Act 2009 No 52 7 Schedule 1 Information for which there is conclusive presumption of 8 overriding public interest against disclosure 9 Omit the matter relating to the Casino, Liquor and Gaming Control Authority 10 Act 2007 from clause 1. 11 Insert instead in alphabetical order: 12 Gaming and Liquor Administration Act 2007--section 17 13 (Secrecy) 14 5.6 Law Enforcement (Powers and Responsibilities) Act 2002 15 No 103 16 Schedule 2 Search warrants under other Acts 17 Omit the matter relating to the Casino, Liquor and Gaming Control Authority 18 Act 2007. 19 Insert instead in alphabetical order: 20 Gaming and Liquor Administration Act 2007, section 27 21 5.7 Parliamentary Precincts Act 1997 No 66 22 Section 27A Memorandum of understanding with Director-General of 23 Department of Trade and Investment, Regional Infrastructure and 24 Services 25 Omit section 27A (1). Insert instead: 26 (1) The Presiding Officers may enter into a memorandum of 27 understanding with the Director-General of the Department of 28 Trade and Investment, Regional Infrastructure and Services 29 regarding the exercise in the Parliamentary precincts of functions 30 by inspectors (within the meaning of the Gaming and Liquor 31 Administration Act 2007) in relation to any licence under the 32 Liquor Act 2007 that authorises the sale of liquor in the 33 Parliamentary precincts. 34 Page 46 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Consequential amendments to other Acts Schedule 5 5.8 Police Integrity Commission Act 1996 No 28 1 Section 61 Secrecy provisions in other Acts 2 Omit section 61 (1) (a). Insert instead: 3 (a) section 17 of the Gaming and Liquor Administration Act 4 2007, 5 5.9 Public Finance and Audit Act 1983 No 152 6 Schedule 2 Statutory bodies 7 Omit "Casino, Liquor and Gaming Control Authority". 8 Insert instead in alphabetical order: 9 Independent Liquor and Gaming Authority 10 5.10 Royal Commission (Police Service) Act 1994 No 60 11 Section 32 Secrecy provisions in other Acts 12 Omit "Casino, Liquor and Gaming Control Authority" from section 32 (1). 13 Insert instead "Gaming and Liquor Administration". 14 5.11 Statutory and Other Offices Remuneration Act 1975 (1976 15 No 4) 16 Schedule 3 Public offices 17 Omit "Casino, Liquor and Gaming Control" from Part 2. 18 Insert instead "Independent Liquor and Gaming". 19 5.12 Unlawful Gambling Act 1998 No 113 20 [1] Section 7 Lawful forms of gambling 21 Omit "Casino, Liquor and Gaming Control" from section 7 (g) (ii). 22 Insert instead "Independent Liquor and Gaming". 23 [2] Section 7 (h) 24 Omit the paragraph. Insert instead: 25 (h) the possession, keeping, use or operation of a gaming 26 machine within the meaning of the Gaming Machines Act 27 2001 in the circumstances referred to in section 8 of that 28 Act. 29 Page 47 Clubs, Liquor and Gaming Machines Legislation Amendment Bill 2011 Schedule 6 Repeal of Registered Clubs Amendment Act 2006 No 103 Schedule 6 Repeal of Registered Clubs Amendment 1 Act 2006 No 103 2 The Registered Clubs Amendment Act 2006 is repealed. 3 Page 48
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