New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Miscellaneous Acts (Casino, Liquor
and Gaming) Amendment Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Casino Control Act 1992 No 15 2
4 Amendment of Registered Clubs Act 1976 No 31 2
5 Amendment of Gaming Machines Act 2001 No 127 2
6 Amendment of other Acts 2
7 Repeal of Act 2
Schedule 1 Amendment of Casino Control Act 1992 3
Schedule 2 Amendment of Registered Clubs Act 1976 9
Schedule 3 Amendment of Gaming Machines Act 2001 37
Schedule 4 Amendment of other Acts 67
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Miscellaneous Acts (Casino, Liquor
and Gaming) Amendment Bill 2007
Act No , 2007
An Act to amend various Acts as a consequence of the enactment of the Liquor Act
2007 and the Casino, Liquor and Gaming Control Authority Act 2007.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Miscellaneous Acts (Casino, Liquor and Gaming)
Amendment Act 2007.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Casino Control Act 1992 No 15
The Casino Control Act 1992 is amended as set out in Schedule 1.
4 Amendment of Registered Clubs Act 1976 No 31
The Registered Clubs Act 1976 is amended as set out in Schedule 2.
5 Amendment of Gaming Machines Act 2001 No 127
The Gaming Machines Act 2001 is amended as set out in Schedule 3.
6 Amendment of other Acts
Each Act specified in Schedule 4 is amended as set out in that Schedule.
7 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Casino Control Act 1992 Schedule 1
Schedule 1 Amendment of Casino Control Act 1992
(Section 3)
[1] Long title
Omit "to constitute the Casino Control Authority;".
[2] Section 1 Name of Act
Insert at the end of the section:
Note. This Act is part of the gaming and liquor legislation for the
purposes of the Casino, Liquor and Gaming Control Authority Act 2007.
That Act contains administrative and other relevant provisions that apply
in relation to this Act (including investigation and enforcement powers
and provisions relating to the probity of officials).
[3] Section 3 Definitions
Omit the definitions of Authority, close associate, inspector and key official
from section 3 (1).
Insert instead:
Authority means the Casino, Liquor and Gaming Control
Authority constituted under the Casino, Liquor and Gaming
Control Authority Act 2007.
close associate means a close associate within the meaning of the
Casino, Liquor and Gaming Control Authority Act 2007.
inspector means an inspector within the meaning of the Casino,
Liquor and Gaming Control Authority Act 2007.
key official means a key official within the meaning of the
Casino, Liquor and Gaming Control Authority Act 2007.
[4] Section 3 (1), definition of "member of staff"
Insert in alphabetical order:
member of staff means a member of staff within the meaning of
the Casino, Liquor and Gaming Control Authority Act 2007.
[5] Section 8 Gaming machines in casino
Omit section 8 (5). Insert instead:
(5) In this section, gaming machine means any device the Minister
determines to be a gaming machine for the purposes of this
section.
[6] Section 13 Meaning of "close associate"
Omit the section.
Page 3
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 1 Amendment of Casino Control Act 1992
[7] Section 76A Regulation of promotional prizes and player reward
schemes
Omit the section.
[8] Section 89 Application of Liquor Act 2007
Omit "Liquor Act 1982" wherever occurring.
Insert instead "Liquor Act 2007".
[9] Part 7 Casino surveillance
Omit the Part.
[10] Part 10, heading
Omit "Administration".
Insert instead "Additional functions of Authority and administrative
matters".
[11] Sections 133-139, 144-148, 151-153, 157, 161, 164 and 165
Omit the sections.
[12] Section 140 Objects of Authority under this Act
Insert "under this Act" after "Authority".
[13] Section 141 Functions of Authority under this Act
Omit section 141 (1) and (1A). Insert instead:
(1) The Authority has such functions as are necessary or convenient
to enable it to achieve its objects under this Act.
[14] Section 141 (2)
Omit "general functions". Insert instead "functions under subsection (1)".
[15] Section 141 (2) (i)
Omit the paragraph.
[16] Section 141 (4)
Insert "under this Act" after "functions".
[17] Section 143 Authority may hold inquiries
Insert "under this Act" after "functions" in section 143 (1).
Page 4
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Casino Control Act 1992 Schedule 1
[18] Section 149 Information gathering for law enforcement purposes
Omit "section 148 (Secrecy)" from section 149 (5).
Insert instead "section 17 of the Casino, Liquor and Gaming Control Authority
Act 2007".
[19] Section 150 Bribery
Omit section 150 (3). Insert instead:
(3) This section applies to or in respect of a key official only to the
extent to which the key official is exercising functions under this
Act or in connection with the administration of this Act.
[20] Section 154 Matters to be included in Authority's annual report
Insert "under this Act" after "licence" in section 154 (c).
[21] Section 154 (g)
Insert "under this Act" after "Authority".
[22] Section 158 Disclosure of spent convictions
Omit section 158 (2).
[23] Schedule 1 Provisions relating to the members and procedure of the
Authority
Omit the Schedule.
[24] Schedule 2 Provisions concerning staff of the Authority
Omit the Schedule.
[25] Schedule 3 Matters for regulations
Insert "under this Act" after "conducted" in clause 14.
[26] Schedule 4 Savings and transitional provisions
Insert at the end of clause 1 (1):
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment
Act 2007, to the extent that it amends this Act
Page 5
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 1 Amendment of Casino Control Act 1992
[27] Schedule 4, Part 8
Insert after Part 7:
Part 8 Provisions consequent on enactment of
Miscellaneous Acts (Casino, Liquor and
Gaming) Amendment Act 2007
23 Definitions
In this Part:
amending Act means the Miscellaneous Acts (Casino, Liquor
and Gaming) Amendment Act 2007.
assets means any legal or equitable estate or interest (whether
present or future and whether vested or contingent) in real or
personal property of any description (including money, securities
and choses in action).
document means any Act (other than this Act) or statutory
instrument, or any other instrument, or any other contract or
agreement.
instrument means an instrument (other than this Act) that
creates, modifies or extinguishes rights or liabilities (or would do
so if lodged, filed or registered in accordance with any law), and
includes any judgment, order or process of a court.
liabilities means any liabilities, debts or obligations (whether
present or future and whether vested or contingent).
new Authority means the Casino, Liquor and Gaming Control
Authority.
relevant repeal date means the day on which section 133 of this
Act is repealed by Schedule 1 to the amending Act.
rights means any rights, powers, privileges or immunities
(whether present or future and whether vested or contingent).
24 Abolition of Casino Control Authority
The Casino Control Authority is abolished on the relevant repeal
date.
25 Transfer of assets, rights and liabilities
(1) The assets, rights and liabilities of the Casino Control Authority
are, on the relevant repeal date, transferred to the new Authority.
Page 6
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Casino Control Act 1992 Schedule 1
(2) The following provisions have effect in relation to the transfer of
the assets, rights and liabilities of the Casino Control Authority:
(a) the assets vest in the new Authority without the need for
any conveyance, transfer, assignment or assurance,
(b) the rights and liabilities become the rights and liabilities of
the new Authority,
(c) all proceedings commenced before the transfer by or
against the Casino Control Authority and pending
immediately before the transfer are taken to be
proceedings pending by or against the new Authority,
(d) any act, matter or thing done or omitted to be done in
relation to the assets, rights or liabilities before the transfer
by, to or in respect of the Casino Control Authority is (to
the extent to which that act, matter or thing has any force
or effect) taken to have been done or omitted by, to or in
respect of the new Authority.
(3) The operation of this clause is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil
wrong, or
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of
assets, rights or liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or
as causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of
any asset, right or liability, or
(d) as an event of default under any contract or other
instrument.
(4) No attornment to the new Authority by a lessee from the Casino
Control Authority is required.
26 Members of Casino Control Authority
(1) A person who, immediately before the relevant repeal date, held
office as a member of the Casino Control Authority, ceases to
hold that office on that date.
(2) A person who ceases to hold office as such a member is not
entitled to any remuneration or compensation because of the loss
of that office.
Page 7
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 1 Amendment of Casino Control Act 1992
27 Transfer of staff and abolition of Casino Control Authority Division
(1) The group of staff employed in the Casino Control Authority
Division of the Government Service are removed from that
Division and added to the Department of the Arts, Sport and
Recreation.
(2) If a person who was a member of staff of the Casino Control
Authority Division immediately before the commencement of
this clause was entitled, as such a member, to an allowance that
would not otherwise be payable to the person as a member of staff
of the Department of the Arts, Sport and Recreation, the
allowance continues to be payable to the person as a member of
staff of the Department until such time as the entitlement is
terminated in accordance with the terms under which the
allowance was initially provided.
(3) The removal of the group of staff from the Casino Control
Authority Division and its addition to the Department of the Arts,
Sport and Recreation is taken to have been done under section
104 of the Public Sector Employment and Management Act 2002.
Accordingly, this clause does not affect the power conferred by
that Act to remove the group of staff concerned from that
Department and add it to another Division of the Government
Service.
(4) The Casino Control Authority Division is abolished as a Division
of the Government Service.
28 References to Casino Control Authority
A reference in any other Act, in any instrument made under any
Act or in any document of any kind to the Casino Control
Authority is to be read as (or as including) a reference to the new
Authority.
Page 8
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Registered Clubs Act 1976 Schedule 2
Schedule 2 Amendment of Registered Clubs Act
1976
(Section 4)
[1] Long title
Omit "the registration of clubs and their rules and management".
Insert instead "the rules and management of registered clubs".
[2] Section 1 Name of Act
Insert at the end of the section:
Note. This Act is part of the gaming and liquor legislation for the
purposes of the Casino, Liquor and Gaming Control Authority Act 2007.
That Act contains administrative and other relevant provisions that apply
in relation to this Act (including investigation and enforcement powers
and provisions relating to the probity of officials).
[3] Sections 3, 4A, 4AA, 5, 5A, 6, 7, 9, 9A, 14, 16, 17, 17AAA, 17AA, 17AAB,
17AAC, 17AAD, 17AAE, 17A, 18, 19, 19A, 20, 21, 23AA, 23B, 24, 34A-34E,
35, 43, 44, 44A, 44B, 46, 48, 50, 51, 51B, 52, 52AA, 52A-52C, 53, 54,
54A-54D, 55, 57, 57B-57D, 60-62, 63A, 64, 67A, 67B, 68, 69, 72C, 74, 75,
76AA and 76A
Omit the sections.
[4] Section 4
Omit the section. Insert instead:
4 Definitions
(1) In this Act:
adult means a person of or above the age of 18 years.
amalgamated club means a registered club that results from the
amalgamation of 2 or more registered clubs as referred to in
Division 1A of Part 2.
approved gaming machine has the same meaning as in the
Gaming Machines Act 2001.
authorised officer has the same meaning as in the Law
Enforcement (Powers and Responsibilities) Act 2002.
Authority means the Casino, Liquor and Gaming Control
Authority constituted under the Casino, Liquor and Gaming
Control Authority Act 2007.
close associate means a close associate within the meaning of the
Casino, Liquor and Gaming Control Authority Act 2007.
Page 9
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 2 Amendment of Registered Clubs Act 1976
club licence means a club licence granted under the Liquor Act
2007.
de facto partner of a person means the other party to a de facto
relationship (within the meaning of the Property (Relationships)
Act 1984) with the person.
Director means the Director of Liquor and Gaming holding
office as such under Chapter 1A of the Public Sector Employment
and Management Act 2002.
employ includes engage under a contract for services.
exercise a function includes perform a duty and function
includes a power, authority or duty.
financial institution means a bank or authorised deposit-taking
institution.
full member, in relation to a club, means a person who is an
ordinary member or a life member of that club.
guest:
(a) of a full member, provisional member or honorary member
of a registered club, means a person:
(i) whose name and address (unless the person is a
minor), countersigned by the member, are entered in
a register kept for the purpose by the club, and
(ii) who, at all times while on the club premises,
remains in the reasonable company of the member,
and
(iii) who does not remain on the club premises any
longer than the member, and
(b) of a temporary member of a registered club, means a
minor:
(i) who, at all times while on the club premises,
remains in the company and immediate presence of
the member, and
(ii) who does not remain on the club premises any
longer than the member, and
(iii) in relation to whom the member is a responsible
adult.
honorary member, in relation to a club, means a person who,
under the rules of that club, is an honorary member of that club.
hotel has the same meaning as in the Liquor Act 2007.
inspector means an inspector within the meaning of the Casino,
Liquor and Gaming Control Authority Act 2007.
Page 10
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Registered Clubs Act 1976 Schedule 2
life member of a club means a person who is elected to
membership of the club for life.
liquor has the same meaning as it has in the Liquor Act 2007.
local consent authority, in relation to premises or proposed
premises of a registered club, means:
(a) the council in whose area (within the meaning of the Local
Government Act 1993) the premises are, or will be,
situated, or
(b) if consent to the carrying out of development on the land
concerned is required from a person or body other than the
council--that person or body.
member of a club means a person who is a full member, a
provisional member, an honorary member or a temporary
member of the club.
ordinary member of a club means a person who is elected to
membership of the club in accordance with the rule of the club
referred to in section 30 (1) (g).
provisional member of a club means a person who has applied
for admission as a full member of the club, has paid the
subscription appropriate for the membership applied for, and is
awaiting a decision on the application.
registered club means a club that holds a club licence.
responsible adult, in relation to a minor, means an adult who is:
(a) a parent, step-parent or guardian of the minor, or
(b) the minor's spouse or de facto partner, or
(c) for the time being standing in as the parent of the minor.
secretary of a club means:
(a) the person who, under section 33, holds an approval of the
Authority to act as the secretary of the club, or
(b) if the person referred to in paragraph (a) has ceased to hold
office or is absent from office--the person, if any, referred
to in section 34 (3) who is appointed by the club to act as
its secretary, or
(c) if:
(i) the person referred to in paragraph (a) has ceased to
hold office or is absent from office, and
(ii) no person has been appointed as referred to in
paragraph (b) to act as secretary of the club,
any person who is acting for the time being as the secretary
of the club.
Page 11
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 2 Amendment of Registered Clubs Act 1976
temporary member, in relation to a club, means a person who,
under the rules of the club, is a temporary member of that club.
(2) Notes included in this Act do not form part of this Act.
[5] Part 2, heading
Omit "Registration of clubs".
Insert instead "Club requirements, amalgamations and certain
authorities".
[6] Part 2, Division 1, heading
Omit "Applications for certificates of registration".
Insert instead "General requirements".
[7] Section 10 Requirements to be met by clubs
Omit "For the purposes of sections 9 and 17 (1AA) (a), the requirements in
relation to a club are as follows:" from section 10 (1).
Insert instead "The following requirements apply in relation to a club:".
[8] Section 10 (1) (j)
Omit the paragraph. Insert instead:
(j) Only the club and its members are to be entitled under the
rules of the club or otherwise to derive, directly or
indirectly, any profit, benefit or advantage from:
(i) the fact that the club has applied for, or is granted, a
licence under the Liquor Act 2007, or
(ii) any added value that may accrue to the premises of
the club because the club has applied for, or is
granted, a licence under that Act,
unless it is a profit, benefit or advantage derived from
dealings reasonably carried out, or contracts reasonably
made, with the club in the ordinary course of its lawful
business.
[9] Sections 10 (6) (a) and (7), 11 (3) and (4), 12 (a) (ii) and (b) (ii), 17AH (2),
36 (2), (4), (5) and (7), 41 (1) (b), 41A (1) and (2) (b), 72A (2) and 72B (1)
Omit "Licensing Court" wherever occurring. Insert instead "Authority".
[10] Section 11 (4)
Omit "On the hearing of". Insert instead "In determining".
Page 12
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Registered Clubs Act 1976 Schedule 2
[11] Section 11 (5)
Omit the subsection. Insert instead:
(5) An application may be made under subsection (3) in respect of a
proposed amalgamated club.
[12] Section 17AB
Omit the section. Insert instead:
17AB Amalgamation of clubs effected by way of licence transfer under
Liquor Act 2007
In this Division, a reference to the amalgamation of 2 or more
registered clubs is a reference to an amalgamation resulting from
the transfer, under section 60 of the Liquor Act 2007, of the club
licence of one of those clubs to another one of those clubs.
[13] Section 17AC Definitions
Omit the definitions of dissolved club and parent club from section 17AC (1).
Insert instead:
dissolved club, in relation to the amalgamation or proposed
amalgamation of 2 or more registered clubs, means the club
whose club licence is, or is to be, transferred under section 60 of
the Liquor Act 2007 to another registered club.
parent club, in relation to the amalgamation or proposed
amalgamation of 2 or more registered clubs, means the registered
club to which the club licence of another club is, or is to be,
transferred under section 60 of the Liquor Act 2007.
[14] Sections 17AC (1) (definition of "main premises"), 17AI (2), 32 (3), 70A,
71A and 73 (2A)
Omit "Board" wherever occurring. Insert instead "Authority".
[15] Section 17AC (2)
Omit "Before the Licensing Court approves the amalgamation of 2 or more
registered clubs".
Insert instead "Before any 2 or more registered clubs amalgamate".
[16] Section 17AE Club members to be notified of proposed amalgamation
Omit section 17AE (1).
Page 13
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 2 Amendment of Registered Clubs Act 1976
[17] Sections 17AEA and 17AEB
Insert after section 17AE:
17AEA Submissions in relation to club amalgamations
(1) Any person may, subject to and in accordance with the
regulations, make a written submission to the Authority in
relation to a proposed amalgamation under this Division.
(2) If any such submission is made to the Authority, the Authority is
to take the submission into consideration before deciding
whether or not to approve the transfer of the licence of the
dissolved club under section 60 of the Liquor Act 2007.
17AEB Other matters to be considered in relation to club amalgamations
Without limiting section 60 of the Liquor Act 2007, the Authority
may not approve of the transfer of the licence of a dissolved club
under that Act unless the Authority is satisfied that:
(a) the parent club will meet the requirements set out in
section 10 (1), and
(b) the parent club will be financially viable, and
(c) the proposed amalgamation is in the interests of the
members of each of the clubs that are amalgamating, and
(d) the proposed amalgamation has been approved in principle
at separate extraordinary general meetings of the ordinary
members of each of the clubs proposing to amalgamate
(being in each case an approval supported by a majority of
the votes cast at the meeting).
[18] Section 17AI Major assets of dissolved club to be kept intact
Omit section 17AI (1). Insert instead:
(1) During the period of 3 years following the amalgamation of 2 or
more registered clubs, the parent club must not dispose of any of
the major assets of the dissolved club unless the disposal has been
approved by the Authority.
Maximum penalty: 100 penalty units.
[19] Part 2, Division 2, heading
Omit "Other applications".
Insert instead "Certain authorisations in relation to clubs".
Page 14
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Registered Clubs Act 1976 Schedule 2
[20] Section 22
Omit the section. Insert instead:
22 Non-restricted areas
(1) The Authority may, on application by or on behalf of a registered
club, grant an authorisation (a non-restricted area authorisation)
to the club specifying a part or parts of the premises of the club
as a non-restricted area.
(2) A registered club and the secretary of the club are each guilty of
an offence if any conditions of a non-restricted area authorisation
held by the club are contravened.
Maximum penalty: 20 penalty units in the case of the registered
club and 10 penalty units in the case of the secretary.
Note. Section 23A makes provision for the conditions to which a
non-restricted area authorisation is subject.
[21] Section 22A
Omit the section. Insert instead:
22A Access to club premises by junior members
(1) The Authority may, on application by or on behalf of a registered
club, grant an authorisation (a junior members authorisation) to
allow members of the club who are under the age of 18 years
access to areas of the club premises that would otherwise be
restricted to those members, but only for the purpose of taking
part in sporting activities or a prize-giving ceremony associated
with sporting activities.
(2) Without limiting the conditions that may be imposed by the
Authority under section 23A in relation to a junior members
authorisation, any such conditions may relate to the following:
(a) the required level of adult supervision of members under
the age of 18 years using the premises of the club under the
authorisation,
(b) the establishment of, and the manner of keeping, a register
to be signed by members under the age of 18 years each
time they use the premises of the club under the
authorisation and by each adult supervising them,
(c) the steps that the club must take to ensure that liquor is not
sold or supplied to persons under the age of 18 years using
the premises of the club under the authorisation,
Page 15
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 2 Amendment of Registered Clubs Act 1976
(d) the steps that the club must take to ensure that approved
gaming machines are not used by persons under the age of
18 years using the premises of the club under the
authorisation.
(3) It is a condition of a junior members authorisation that tobacco
vending machines must be unable to be operated while members
under the age of 18 years are using the premises of the club under
the authorisation.
(4) A registered club and the secretary of the club are each guilty of
an offence if any conditions of a junior members authorisation
held by the club are contravened.
Maximum penalty: 20 penalty units in the case of the registered
club and 10 penalty units in the case of the secretary.
Note. Section 23A also makes provision for the conditions to which a
junior members authorisation is subject.
[22] Section 23
Omit the section. Insert instead:
23 Functions on club premises
(1) The Authority may, on application by or on behalf of a registered
club, grant an authorisation (a club functions authorisation) to
the club to permit persons:
(a) who are not members of the club, or
(b) who are under the age of 18 years,
to attend, in a specified part of the club premises, functions of a
cultural, educational, religious, patriotic, professional, charitable,
political, literary, sporting, athletic, industrial or community
nature. Any such function may include a wedding.
(2) A club functions authorisation is to designate function areas (that
is, each part of the club premises on which the functions
concerned are permitted to be held) and access areas (that is, each
part of the club premises through or by means of which persons
attending those functions are to be permitted to obtain entry to or
to depart from a function area).
(3) A club functions authorisation is subject to the following
conditions, but only to the extent that it authorises functions for
minors on the club premises:
(a) at least 7 days notice must be given to the local police
before any function is held,
Page 16
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Registered Clubs Act 1976 Schedule 2
(b) the notice must specify the name and nature of the
function, the number of minors attending, the number of
adult supervisors, details of the security arrangements and
such other particulars as may be prescribed by the
regulations,
(c) the secretary of the club and person conducting the
function must comply with any directions given by the
local police or the Authority with respect to the conduct of
functions for minors,
(d) liquor must not be sold, supplied, disposed of or consumed
in the area in which any function is held,
(e) gaming machines must not be located in the area in which
any function is held and any area of the club in which
gaming machines are located must not be accessible to any
minor attending the function,
(f) such other conditions as may be prescribed by the
regulations.
Note. Section 23A also makes provision for the conditions to which a
club functions authorisation is subject.
(4) A registered club and the secretary of the club are each guilty of
an offence if:
(a) any conditions of a club functions authorisation held by the
club are contravened, or
(b) a function is held pursuant to the club functions
authorisation otherwise than in accordance with the
approval of the governing body of the club.
Maximum penalty: 20 penalty units in the case of the registered
club and 10 penalty units in the case of the secretary.
(5) It is a defence to a prosecution of a secretary of a club for an
offence under subsection (4) if it is proved that:
(a) the secretary had taken all reasonable precautions to avoid
commission of the alleged offence, and
(b) at the time of the alleged offence the secretary did not
know, and could not reasonably be expected to have
known, that the alleged offence had been committed.
[23] Section 23A
Omit the section. Insert instead:
23A General provisions applying to authorisations
(1) This section applies to the following authorisations:
Page 17
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 2 Amendment of Registered Clubs Act 1976
(a) a non-restricted area authorisation,
(b) a junior members authorisation,
(c) a club functions authorisation.
(2) An application for an authorisation must:
(a) be in the form and manner approved by the Authority, and
(b) be accompanied by the fee prescribed by the regulations
and such information and particulars as may be prescribed
by the regulations, and
(c) if required by the regulations to be advertised--be
advertised in accordance with the regulations, and
(d) comply with such other requirements as may be approved
by the Authority or prescribed by the regulations.
(3) In determining an application for an authorisation, the Authority
has the same powers in relation to the application as the Authority
has under the Liquor Act 2007 in relation to an application for a
licence under that Act.
(4) If, before an application for an authorisation is determined by the
Authority, a change occurs in the information provided in, or in
connection with, the application (including information provided
under this subsection), the applicant must immediately notify the
Authority of the particulars of the change.
Maximum penalty: 20 penalty units.
(5) Any person may, subject to and in accordance with the
regulations, make a submission to the Authority in relation to an
application for an authorisation.
(6) If any such submission is made to the Authority, the Authority is
to take the submission into consideration before deciding
whether or not to grant the authorisation.
(7) The regulations may prescribe, or provide for the determination
of, a fee in respect of the granting of an authorisation. If any such
fee is prescribed or determined, the authorisation does not take
effect until the fee has been paid.
(8) The Authority may, in granting an authorisation, specify
requirements that are to be complied with before the
authorisation takes effect. The authorisation does not take effect
until such time as any such requirements have been complied
with.
(9) An authorisation:
(a) is subject to such conditions:
Page 18
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Registered Clubs Act 1976 Schedule 2
(i)as are imposed by the Authority (whether at the time
the authorisation is granted or at a later time), or
(ii) as are imposed by this Act or as are prescribed by
the regulations, and
(b) may be varied or revoked by the Authority on the
Authority's initiative or on application by the registered
club that holds the authorisation, the Director or the
Commissioner of Police.
(10) Any such application by a registered club to vary or revoke an
authorisation (including any conditions to which the
authorisation is subject that have been imposed by the Authority)
must be accompanied by the fee prescribed by the regulations.
(11) An authorisation has effect only while all the conditions to which
it is subject are being complied with.
(12) The Authority must not impose a condition on an authorisation or
revoke or vary an authorisation unless the Authority has:
(a) given the registered club that holds the authorisation a
reasonable opportunity to make submissions in relation to
the proposed decision, and
(b) taken those submissions into consideration before making
the decision.
(13) Subsection (12) does not apply if the registered club has applied
for the authorisation to be revoked or varied.
(14) This section does not authorise the revocation or variation of a
condition to which an authorisation is subject if the condition is
imposed by this Act or is prescribed by the regulations.
[24] Part 2, Divisions 3 and 4
Omit the Divisions.
[25] Section 30 Rules of registered clubs
Omit section 30 (2) (d). Insert instead:
(d) Liquor must not be sold, supplied or disposed of on the
premises of the club to any person who is not a member of
the club except:
(i) on the invitation and in the company of a member of
the club, or
(ii) if the person is attending a function in respect of
which a club functions authorisation under section
23 is in force.
Page 19
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 2 Amendment of Registered Clubs Act 1976
[26] Section 30 (6) (b)
Omit "referred to in section 52 (2)".
[27] Section 33
Omit the section. Insert instead:
33 Approval of person to act as secretary of registered club
(1) A person may apply to the Authority for approval to act as the
secretary of a registered club. Any such application is to be in the
form and manner approved by the Authority.
(2) The Authority may grant such an approval or refuse to grant the
approval.
(3) The Authority must refuse to grant an approval of a person to act
as secretary of a registered club if the Authority is satisfied that
the applicant is not a fit and proper person to act as the secretary
of a registered club.
(4) The Authority must not refuse to grant an approval unless the
Authority has given the applicant an opportunity to make written
submissions in relation to the application and has taken any such
submissions into consideration before making the decision.
[28] Section 33A Secretary or manager of club prohibited from holding hotel
licence
Omit section 33A (1). Insert instead:
(1) A person who is the secretary of a registered club or the manager
(within the meaning of the Liquor Act 2007) of the premises of a
registered club must not:
(a) hold a hotel licence under the Liquor Act 2007, or
(b) acquire any financial interest in respect of a hotel.
Maximum penalty: 100 penalty units.
[29] Section 33A (2)
Omit "hotelier's". Insert instead "hotel".
[30] Sections 34 (3) and 36 (7B)
Omit "Principal Registrar" wherever occurring. Insert instead "Authority".
Page 20
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Registered Clubs Act 1976 Schedule 2
[31] Section 35A Director may carry out inquiries and investigations
Omit section 35A (1). Insert instead:
(1) The Director may carry out such investigations and inquiries as
the Director considers necessary in order to ascertain:
(a) whether a complaint should be made under Part 6A in
relation to the secretary, or a member of the governing
body, of a registered club, or
(b) whether a registered club or member of the governing
body or employee of a registered club is complying with
the provisions of Part 4A.
[32] Section 35A (3) (a)
Omit "as is relevant".
Insert instead "as, in the opinion of the Director, is relevant".
[33] Section 35A (3) (b)
Omit "as are relevant".
Insert instead "as, in the opinion of the Director, are relevant".
[34] Section 36 Conduct of club elections by Electoral Commissioner
Omit section 36 (2) (b), (3) and (11).
[35] Section 36 (2) (c) (ii)
Omit "day appointed for the commencement of the hearing of the application".
Insert instead "application is made".
[36] Section 36 (5)
Omit "in the manner referred to in subsection (2) (b) or".
[37] Section 41 Registered clubs under official management or receivership
or in liquidation
Omit section 41 (2)-(5).
[38] Section 41A Appointment of temporary administrator
Omit section 41A (3).
Page 21
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 2 Amendment of Registered Clubs Act 1976
[39] Section 41B Definitions
Omit paragraph (b) of the definition of top executive (as inserted by Schedule
1 [33] to the Registered Clubs Amendment Act 2007).
Insert instead:
(b) a person who is the manager (within the meaning of the
Liquor Act 2007) of any premises of the club,
[40] Section 41D Declaration of financial interests in hotels
Omit section 41D (5) (and the note at the end of the subsection). Insert instead:
(5) This section does not apply to the secretary of a registered club or
a person appointed as manager under the Liquor Act 2007 of any
premises of a registered club.
Note. Section 33A prohibits the secretary or manager of a registered
club from holding a hotel licence under the Liquor Act 2007 or acquiring
any financial interest in respect of a hotel.
[41] Section 41L Contracts with secretary, manager, close relatives and
others
Omit "under section 34A" from section 41L (1) (a).
Insert instead "under the Liquor Act 2007".
[42] Section 41ZA Orders in relation to registered clubs
Omit "either or both" from section 41ZA (1).
Insert instead "any one or more".
[43] Section 41ZA (1) (c)
Insert after section 41ZA (1) (b):
(c) an order requiring the club to publish, in a manner
determined by the Authority, a report on the findings of the
inquiry, but only if, in the opinion of the Minister, it is in
the public interest for the report to be published.
[44] Part 5 Appeals and reviews
Omit the Part.
[45] Section 45 Unauthorised persons using club premises
Omit "defined" wherever occurring in section 45 (1) and (2).
Page 22
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Registered Clubs Act 1976 Schedule 2
[46] Section 45 (1) (c)
Insert at the end of section 45 (1) (b):
or
(c) is not attending a function in accordance with a club
functions authorisation under section 23,
[47] Section 50B Display of notices
Omit section 50B (1).
[48] Section 56 General defence available to secretary of registered club
Omit section 56 (2). Insert instead:
(2) Subsection (1) does not apply to any other offence under this Part
in respect of which a defence is specifically available to the
secretary of a registered club.
[49] Part 6A
Insert after Part 6:
Part 6A Disciplinary action
Note. Disciplinary action may also be taken against a registered club under Part 9 of
the Liquor Act 2007 in its capacity as a licensee under that Act.
57E Interpretation
(1) In this Part:
(a) a reference to a secretary of a registered club includes a
reference to a person who was the secretary of the club,
and
(b) a reference to a member of the governing body of a
registered club includes a reference to a person who was a
member of the governing body of any registered club.
(2) Without limiting the grounds on which disciplinary action may
be taken under this Part, the grounds for taking any such action
may relate to conduct occurring before the commencement of this
Part.
57F Grounds for making complaint
(1) A complaint in relation to a registered club may be made to the
Authority by any of the following (referred to in this Part as the
complainant):
(a) the Director,
Page 23
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 2 Amendment of Registered Clubs Act 1976
(b) the Commissioner of Police,
(c) a person authorised by the regulations to make a complaint
under this Part.
(2) A complaint must be in writing and specify the grounds on which
it is made.
(3) Disciplinary action may be taken by the Authority against a
registered club on any one or more of the following grounds:
(a) that the requirements specified in section 10 (1) are not
being met, or have not been met, by or in relation to the
club,
(b) that the supply of liquor to the club, or on the premises of
the club, has not been under the control of the governing
body of the club,
(c) that the club or the secretary of the club has contravened a
condition to which any of the following authorisations held
by the club is subject:
(i) a non-restricted area authorisation under section 22,
(ii) a junior members authorisation under section 22A,
(iii) a club functions authorisation under section 23,
(d) that the club has contravened a provision of this Act,
whether or not it has been convicted of an offence in
respect of that contravention,
(e) that a rule of the club referred to in section 30 (1) has been
broken or any other rule of the club has been habitually
broken,
(f) that the club has been conducted, or the premises of the
club have been habitually used, for an unlawful purpose,
(g) that the secretary of the club or any member of the
governing body of the club is not a fit and proper person to
act as such,
(h) that a requirement of the Director made under this Act in
relation to the investigation of the secretary of the club or
any member of the governing body of the club has not been
complied with,
(i) that the club has ceased to exist,
(j) any other ground that the complainant considers
appropriate for the taking of disciplinary action against the
club.
Page 24
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Registered Clubs Act 1976 Schedule 2
57G Procedure for taking disciplinary action
(1) If a complaint in relation to a registered club is made under this
Part, the Authority must, before taking any disciplinary action
against the club, notify the registered club in writing of the
grounds on which the Authority is proposing to take disciplinary
action.
(2) Any such notice is to invite the registered club to show cause, by
way of a written submission, as to why the Authority should not
take disciplinary action against the club.
(3) The Authority may specify:
(a) the time within which a submission under this section may
be made, and
(b) any other requirements that must be complied with in
relation to the making of any such submission.
(4) If any written submission is made in accordance with this section,
the Authority must take the submission into consideration in
deciding whether or not to take disciplinary action against the
registered club concerned.
57H Disciplinary powers of Authority
(1) The Authority may deal with and determine a complaint that is
made to it under this Part.
(2) If the Authority is satisfied that any of the grounds on which the
complaint was made apply in relation to the registered club or a
person who is the secretary or member of the governing body of
the club, the Authority may decide not to take any action or may
decide to do any one or more of the following:
(a) order the club to pay a monetary penalty not exceeding
2,500 penalty units within such time as is specified in the
order,
(b) suspend the club's licence for such period as the Authority
thinks fit,
(c) cancel the club's licence,
(d) suspend or cancel any authorisation held by the registered
club under this Act,
(e) impose a condition on the club's licence or on any
authorisation held by the club under this Act,
(f) remove from office the secretary of the club or a member
of the governing body of the club,
Page 25
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 2 Amendment of Registered Clubs Act 1976
(g) declare that a specified person is, for such period (not
exceeding 3 years) as is specified by the Authority,
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 (or both of those positions) of:
(i) the club, and
(ii) if the Authority so determines--all other registered
clubs or such other registered clubs as are specified
(or as are of a class specified) by the Authority,
(h) appoint a person to administer the affairs of the club who,
on appointment and until the Authority orders otherwise,
has, to the exclusion of any other person or body of
persons, the functions of the governing body of the club,
(i) order the registered club to pay the amount of any costs
incurred by:
(i) the Director in carrying out any investigation or
inquiry under section 35A in relation to the club, or
(ii) by the Authority in connection with the taking of
disciplinary action against the club or any other
person under this section.
57I Procedure for implementing disciplinary action
(1) If the Authority decides to take disciplinary action under section
57H against a registered club or against the secretary or a member
of the governing body of a registered club, the Authority is
required to serve on the club or the person a notice informing the
club or the person of the Authority's decision.
(2) The notice must include the reasons for the Authority's decision.
(3) The disciplinary action specified in the notice takes effect when
notice of it is given or on a later date specified in the notice.
(4) The Authority may, by serving a further notice on the registered
club or person concerned, cancel a notice under this section
before the notice takes effect.
(5) The Authority is not prevented from taking disciplinary action
under this Part merely because the registered club, or the
secretary or member of the governing body of the registered club
concerned, as the case requires, is subject to criminal or civil
proceedings that relate to the same matters or incident to which
the disciplinary action relates.
Page 26
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Registered Clubs Act 1976 Schedule 2
57J Declarations concerning ineligibility of persons to be secretary or
member of governing body
(1) This section applies to the power of the Authority to make a
declaration under section 57H (2) (g) in relation to a person who
is the secretary or a member of the governing body of a registered
club.
(2) The Authority must not make a declaration in relation to such a
person unless:
(a) it is satisfied that the person was the secretary of the club
or a member of the governing body of the club at a relevant
time or was materially involved in the management of the
affairs of the registered club at a relevant time, and
(b) the person has been given an opportunity to show cause
why the declaration should not be made.
(3) The Authority may make a declaration in relation to a person
regardless of whether the Authority is dealing with the matter on
the ground that the person is not a fit and proper person to act as
the secretary or a member of the governing body of the registered
club.
(4) If the Authority makes a declaration in relation to a person, the
position of the person as the secretary or a member of the
governing body of any registered club to which the declaration
relates immediately becomes vacant.
(5) A person must not, during the period for which the person is
declared ineligible for a position, stand for election or accept
appointment to, or hold office in, that position.
Maximum penalty: 10 penalty units.
(6) Despite any other law, if the Authority makes a declaration in
relation to a person, the person is not, in consequence of the
declaration or of anything done to give effect to the declaration,
entitled to compensation or damages from the club of which he
or she was the secretary or a member of the governing body,
unless the Authority specifies in the declaration that the
declaration does not affect the rights, if any, of the person to
compensation or damages from the club.
(7) A vacancy in the position of a member of the governing body of
a registered club resulting from a declaration may be filled as a
casual vacancy.
Page 27
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 2 Amendment of Registered Clubs Act 1976
57K Requirement for legal member of Authority to be present
The Authority cannot determine any complaint made to it under
this Part (including any decision to take any disciplinary action)
unless a member of the Authority who is or has been a Judge, or
who has been an Australian lawyer for at least 7 years, is present
at the meeting of the Authority (or the committee of the
Authority) at which the complaint is determined or the decision
to take the action is made.
57L Review by ADT of decision by Authority under this Part
(1) An application for the review of a decision by the Authority in
relation to a complaint under this Part may be made to the
Administrative Decisions Tribunal.
(2) An application for such a review may be made by:
(a) the registered club or person against whom any
disciplinary action is taken by the Authority in relation to
the complaint, or
(b) the complainant.
(3) Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act
1997 does not apply to an application to the Administrative
Decisions Tribunal for a review of a decision by the Authority
under this Part.
[50] Part 7 Powers of police and of special inspectors
Omit the Part.
[51] Part 7A Key officials
Omit the Part.
[52] Part 8, heading
Omit "Legal proceedings".
Insert instead "Criminal proceedings and related matters".
[53] Section 63
Omit the section. Insert instead:
63 Evidentiary provisions
(1) In any proceedings for an offence under this Act or the
regulations, any one or more of the following allegations
Page 28
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Registered Clubs Act 1976 Schedule 2
(however expressed) is evidence of the truth of the allegation
unless the contrary is proved:
(a) that a specified club is or was a registered club,
(b) that a specified person is or was the secretary of a
registered club,
(c) that a specified person is the Director,
(d) that a specified person is a delegate of the Minister, or of
the Commissioner of Police, or of the Director, to whom a
specified function has been delegated under section 6A,
(e) that a specified person is an inspector.
(2) In any proceedings for an offence under this Act or the
regulations, an allegation that, at a specified time, a person was
under the age of 18 years is evidence of the truth of the allegation
unless the defendant denies the allegation in the manner
prescribed by the regulations.
[54] Section 65
Omit the section. Insert instead:
65 Proceedings for offences
(1) Proceedings for an offence under this Act or the regulations are
to be dealt with summarily before the Local Court.
(2) Except as provided by subsection (3), proceedings for an offence
under this Act or the regulations may be commenced within but
not later than 12 months after the date on which the offence is
alleged to have been committed.
(3) Proceedings for an offence under section 32, 34, 43A, 45, 45A,
47 or 49 may be commenced within but not later than 3 years
after the date on which the offence is alleged to have been
committed.
[55] Section 65A
Omit the section. Insert instead:
65A Additional penalties may be imposed by court
In addition to any other penalty that a court may impose for an
offence committed by a registered club under this Act or the
regulations, the court may, if it thinks it appropriate, do any one
or more of the following:
(a) cancel or suspend the club licence held by the club,
Page 29
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 2 Amendment of Registered Clubs Act 1976
(b) cancel or suspend:
(i) a non-restricted area authorisation held by the club
under section 22, or
(ii) a junior members authorisation held by the club
under section 22A, or
(iii) a club functions authorisation held by the club under
section 23,
(c) subject the club licence, or any such authorisation, to a
specified condition,
(d) declare that each person specified in the declaration is, for
such period as is specified in the declaration, 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
(or both of those positions) of:
(i) the club, and
(ii) if the court so declares--all other registered clubs or
such other registered clubs as are specified or as are
of a class specified in the declaration.
[56] Section 66 Penalty notices
Omit "except proceedings under section 17 or 17AAA" from section 66 (4).
Insert instead "except in relation to the taking of any disciplinary action under
Part 6A".
[57] Section 66 (6)
Omit "sections 17 and 17AAA". Insert instead "Part 6A".
[58] Section 66 (10)
Omit ", the Director or a special". Insert instead "or an".
[59] Section 67 Power to demand particulars from certain persons on club
premises
Omit section 67 (1).
[60] Section 70A Additional functions of Authority
Omit "within its jurisdiction" from section 70A (e).
Insert instead "that relates to its functions under this Act".
Page 30
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Registered Clubs Act 1976 Schedule 2
[61] Section 71
Omit the section. Insert instead:
71 Service of notices
(1) Any notice or other instrument to be served on a registered club
under this Act may be served by leaving it with the secretary of
the club, a member of the governing body or of a committee of
the club or a person who is apparently an employee of the club at
the premises of the club or by affixing it to a conspicuous part of
the premises of the club.
(2) A notice or other instrument required or permitted to be served
under this Act by post is taken to have been properly addressed
for the purpose of its service by post if addressed to the person to
whom it is directed at any of the following addresses:
(a) the address of the premises of the registered club (in the
case of service on the club),
(b) the address of the place at which the person resides, as last
known to the Authority,
(c) the address of a place at which the person carries on
business, as last known to the Authority.
(3) The provisions of this section operate in addition to and do not
derogate from the operation of a provision of any other law
relating to service (such as section 109X of the Corporations Act
2001 of the Commonwealth in respect of a registered club that is
a company within the meaning of that Act).
[62] Section 72 Special provisions relating to Sydney Cricket Ground Club
and Newcastle International Sports Centre Club
Omit section 72 (3) and (8).
[63] Section 73 Regulations
Omit section 73 (1) (a)-(d), (g), (k) and (m) and (2).
[64] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1A (1):
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment
Act 2007, to the extent that it amends this Act
Page 31
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 2 Amendment of Registered Clubs Act 1976
[65] Schedule 2, Part 20
Insert at the end of the Schedule as Part 20:
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.
former Liquor Act means the Liquor Act 1982 as in force
immediately before its repeal by the Liquor Act 2007.
relevant date means the date on which section 9 of this Act is
repealed by the amending Act.
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.
Page 32
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Registered Clubs Act 1976 Schedule 2
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.
(3) Any such club must, within 12 months of the commencement of
section 18 of the Liquor Act 2007, provide the Authority with a
statement of its current on-premises trading hours for each of its
premises. The statement is to be in the form approved by the
Authority and the secretary of the club must verify the statement
by way of statutory declaration.
(4) If the club fails to provide the statement required under subclause
(3), the on-premises trading hours for the club's premises are
taken to be the standard trading period under the Liquor Act 2007.
(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.
Page 33
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 2 Amendment of Registered Clubs Act 1976
(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.
Page 34
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Registered Clubs Act 1976 Schedule 2
(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.
Page 35
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 2 Amendment of Registered Clubs Act 1976
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.
[66] Schedule 3 Transferred clubs
Omit the Schedule.
Page 36
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Gaming Machines Act 2001 Schedule 3
Schedule 3 Amendment of Gaming Machines Act
2001
(Section 5)
[1] The whole Act (except sections 15, 15A, 27, 28 and 29 and Schedule 1
and except where otherwise amended by this Schedule)
Omit "Board" and "Board's" wherever occurring.
Insert instead "Authority" and "Authority's", respectively.
[2] The whole Act (except sections 15 and 27 and Schedule 1 and except
where otherwise amended by this Schedule)
Omit "hotelier's licence" and "hoteliers' licences" wherever occurring.
Insert instead "hotel licence" and "hotel licences", respectively.
[3] Section 1 Name of Act
Insert at the end of the section:
Note. This Act is part of the gaming and liquor legislation for the
purposes of the Casino, Liquor and Gaming Control Authority Act 2007.
That Act contains administrative and other relevant provisions that apply
in relation to this Act (including investigation and enforcement powers
and provisions relating to the probity of officials).
[4] Section 3 Gambling harm minimisation and responsible gambling
conduct are primary objects of this Act
Omit "Licensing Court, the Board," from section 3 (2).
Insert instead "Authority,".
[5] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
Authority means the Casino, Liquor and Gaming Control
Authority constituted under the Casino, Liquor and Gaming
Control Authority Act 2007.
[6] Section 4 (1), definitions of "Board", "close associate", "Director",
"Director-General", "gaming machine area", "hotel, hotelier and
hotelier's licence", "new club", "new hotel", "registered club", "special
inspector" and "temporary premises"
Omit the definitions. Insert instead in alphabetical order:
Board has the meaning given to it under this section immediately
before the substitution of this definition by Schedule 3 to the
Page 37
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 3 Amendment of Gaming Machines Act 2001
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment
Act 2007.
close associate means a close associate within the meaning of the
Casino, Liquor and Gaming Control Authority Act 2007.
Director means the Director of Liquor and Gaming holding
office as such under Chapter 1A of the Public Sector Employment
and Management Act 2002.
Director-General means the Director-General of the Department
of the Arts, Sport and Recreation.
gaming machine area, in relation to a registered club, means any
part of the premises of the club in which approved gaming
machines are located.
hotel and hotelier have the same meanings as in the Liquor Act
2007, and hotel licence means a hotel licence (other than a
general bar licence) under that Act.
hotelier's licence has the meaning given to it under this section
immediately before the substitution of this definition by Schedule
3 to the Miscellaneous Acts (Casino, Liquor and Gaming)
Amendment Act 2007.
inspector means an inspector within the meaning of the Casino,
Liquor and Gaming Control Authority Act 2007.
new club means:
(a) a club that, on or after 26 July 2001, is or was registered for
the first time under the Registered Clubs Act 1976 (other
than as the result of an amalgamation under section 17A of
that Act), or
(b) a club whose premises become licensed for the first time
under the Liquor Act 2007 (other than as the result of the
transfer of a club licence under section 60 of that Act or
because of the operation of clause 93 of Schedule 2 to the
Registered Clubs Act 1976).
new hotel means:
(a) a hotel that became licensed for the first time under the
Liquor Act 1982 on or after 26 July 2001 or a hotel to
which a licence under that Act was removed after that date,
or
(b) a hotel that becomes licensed for the first time under the
Liquor Act 2007 (otherwise than because of the operation
of clause 3 of Schedule 1 to that Act), or
Page 38
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Gaming Machines Act 2001 Schedule 3
(c) a hotel to which a licence is removed under that Act.
registered club means a club that holds a club licence under the
Liquor Act 2007.
temporary premises, in relation to a hotel or registered club,
means any premises approved by the Authority under section 96
of the Liquor Act 2007.
[7] Sections 4 (1) (definition of "centralised cash control equipment"), 37 (3)
(b), 39 (1), 40 (2), 40A (2), 49 (3) (a), 66 (3), 75, 76 (1), 77 (2C) (a), 106 (3),
133 (1) and (2) and 134 (1) (a)
Omit "in the hotel or club" wherever occurring.
Insert instead "in the hotel or on the premises of the club".
[8] Sections 4 (1) (definition of "hardship gaming machine"), 7 (a), 14 (1) (b),
43 (6) (paragraph (a) of the definition of "gaming machine advertising"),
44 (6) (paragraph (a) of the definition of "gambling-related sign"), 45 (1)
(definition of "player reward scheme"), 47 (2) (e), 50 (1), 60 (6), 80 (1) and
(3)-(5), 126 (1), 133 (3), 133A (1), 158 (1) and 209 (4) and (5)
Insert "on the premises of a" after "a hotel or" wherever occurring.
[9] Section 4 (1), definitions of "Licensing Court", "primary purpose test",
"Principal Registrar" and "registrar"
Omit the definitions.
[10] Sections 4 (1) (definitions of "liquor" and "manager"), 20 (1A), 25 (1), 30
(3), 31A (1) (b), 33 (3) (a), 52 (5) (definition of "responsible adult"), 58 (2),
60 (4) and 70 (2) (a)
Omit "Liquor Act 1982" wherever occurring.
Insert instead "Liquor Act 2007".
[11] Sections 5, 6, 54, 90, 93, 96-100, 103, 191-193, 195, 206A and 207
Omit the sections.
[12] Section 9
Omit the section. Insert instead:
9 Subsidiary equipment not included in calculation of gaming
machine numbers
In calculating (for the purposes of this Act) the number of
approved gaming machines in a hotel or on the premises of a
registered club, any subsidiary equipment:
(a) kept in the hotel or on the premises of the club, and
Page 39
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 3 Amendment of Gaming Machines Act 2001
(b) approved by the Authority for use in connection with such
gaming machines,
is to be disregarded.
[13] Sections 14 (2) (b), 37 (4), 40 (3), 40A (3), 49 (2) and 60A (2)
Omit "registered club" wherever occurring. Insert instead "club premises".
[14] Section 17 Allocation of free poker machine entitlements in respect of
certain clubs
Omit section 17 (1) (b). Insert instead:
(b) a registered club that acquires additional premises (other
than as the result of an amalgamation as referred to in
Division 1A of Part 2 of the Registered Clubs Act 1976),
[15] Section 21 Other provisions relating to transfer of poker machine
entitlements
Omit section 21 (6) (including the note to that subsection). Insert instead:
(6) If a registered club (the dissolved club) amalgamates with
another registered club (the parent club) as referred to in
Division 1A of Part 2 of the Registered Clubs Act 1976, any
poker machine entitlements allocated in respect of the premises
of the dissolved club are taken to be transferred to those same
premises without the forfeiture of any entitlement to the
Authority.
[16] Section 24
Omit the section. Insert instead:
24 Transfer of poker machine entitlements when licence of registered
club surrendered or cancelled
(1) If, in relation to the premises of a registered club:
(a) the licence of the club is surrendered or cancelled under the
Liquor Act 2007, or
(b) the club's authorisation under Part 5 to keep approved
gaming machines is cancelled,
any poker machine entitlements allocated in respect of the
premises may, in accordance with this Division, be transferred.
(2) If, at the end of the period of 12 months immediately following
the surrender or cancellation of the club's licence, or the
cancellation of the club's authorisation under Part 5, any such
poker machine entitlements have not been transferred, the
remaining entitlements are forfeited to the Authority.
Page 40
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Gaming Machines Act 2001 Schedule 3
(3) This section does not apply in relation to a registered club merely
because:
(a) the licence of the club, or its authorisation under Part 5 to
keep approved gaming machines, is suspended, or
(b) the club has temporarily ceased to trade on the premises to
which the licence of the club relates.
[17] Sections 25A (1), 28 (5), 31A (2) (b), 32 (5) and 58 (3)
Omit "Registered Clubs Act 1976" wherever occurring.
Insert instead "Liquor Act 2007".
[18] Sections 28 (6) (definition of "existing hardship application"), 51 (1) (b),
52 (3), 141 (paragraph (b) of the definition of "authorised inter-club linked
gaming system"), 149 (1), 150 (1), 151 and 152 (5)
Omit "in a registered club" wherever occurring.
Insert instead "on the premises of a registered club".
[19] Sections 29 (3), (4) and (5) (definition of "section 88AF hardship
machine") and 61 (3)
Omit "kept in" wherever occurring. Insert instead "kept on the premises of".
[20] Section 31A Forfeiture of other gaming machine entitlements in certain
circumstances
Omit section 31A (2) (a). Insert instead:
(a) the licence of a registered club is surrendered or cancelled
under the Liquor Act 2007, or
[21] Section 31A (3)
Omit the subsection. Insert instead:
(3) Subsection (2) does not apply in relation to the cancellation of a
registered club's licence if that cancellation is the result of an
amalgamation with another registered club as referred to in
Division 1A of Part 2 of the Registered Clubs Act 1976.
[22] Section 32 Application and operation of Division
Omit section 32 (4).
Page 41
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 3 Amendment of Gaming Machines Act 2001
[23] Section 33 Social impact assessment must be provided in connection
with application for authorisation to keep gaming machines
Omit section 33 (3) (b). Insert instead:
(b) a club on whose behalf an application for a licence has
been made, but has not yet been granted, under the Liquor
Act 2007,
[24] Section 37A Restrictions on approval of social impact assessment
Omit "or registered club that is".
Insert instead "that is, or on the premises of a registered club that are,".
[25] Section 38 Interim 3-hour shutdown period to operate until 1 May 2003
Omit the section.
[26] Sections 39 (2), 40 (2), 40A (2), 47A (2) and 49 (1) (paragraph (a) of the
definition of "self-exclusion scheme")
Insert "the premises of a" before "registered club" wherever occurring.
[27] Sections 40 (1), 40A (1), 42 (1), 44 (1), 45 (1) (definition of "promotional
prize") and (2) (c), 47 (2) (g) and 49 (4) (a) and (5) (b)
Omit "or club" wherever occurring.
Insert instead "or the premises of the club".
[28] Section 41
Omit the section. Insert instead:
41 Approval of different shutdown periods for "early openers"
(1) This section applies in relation to a hotel or the premises of a
registered club (a venue) if, in the opinion of the Authority, the
venue:
(a) was, on a regular basis before 1 January 1997, open for
business before 10 am on at least one day of the week, and
(b) was, on a regular basis before 1 January 1997, closed for
business between midnight and 10 am for a minimum of 3
hours on at least one day of the week, and
(c) has continued, and is continuing, to open and close on that
same basis ever since.
Page 42
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Gaming Machines Act 2001 Schedule 3
(2) The Authority may, on application made in respect of a venue to
which this section applies, approve of the venue having:
(a) a different 6-hour shutdown period to the general 6-hour
shutdown period referred to in section 39, or
(b) a different 3-hour shutdown period on Saturdays, Sundays
and public holidays to the 3-hour shutdown period referred
to in section 40, or
(c) a different 3-hour shutdown period to the limited shutdown
period referred to in section 40A.
(3) The Authority may only approve of a venue having any such
different shutdown period if the approved period is consistent
with the opening and closing times (as referred to in subsection
(1)) of the venue.
(4) If any such different shutdown period is approved for the time
being in respect of a venue, the hotelier or registered club
concerned must ensure that each approved gaming machine that
is kept in the venue is not operated for the purposes of gambling
during the approved period.
Maximum penalty: 100 penalty units.
(5) Despite any other provision of this section, the Authority's
approval of a venue having different shutdown periods may be
given only in respect of those days of the week on which the
venue has continued:
(a) to close for business between midnight and 10 am for a
consecutive period of at least 3 hours, and
(b) to re-open for business before 10 am.
[29] Section 42 General provisions
Omit section 42 (2). Insert instead:
(2) This Division does not affect the operation of the Liquor Act
2007, or of any other Act or law, in relation to the hours during
which a hotel or registered club is authorised to trade.
[30] Sections 47 (1) and (2) (g), 204 (1) (b), 205 (2) (a) and (6) (b) and 210 (2)
(e), (f), (s) and (u)
Insert "on the premises of" before "registered clubs" wherever occurring.
Page 43
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 3 Amendment of Gaming Machines Act 2001
[31] Sections 47 (2) (c) (i) and 49 (1) (paragraph (b) (iv) of the definition of
"responsible person")
Omit "in the club" wherever occurring.
Insert instead "on the club's premises".
[32] Section 48 Industry codes of practice
Omit section 48 (1). Insert instead:
(1) For the purpose of providing practical guidance for the promotion
of responsible practices and conduct in relation to approved
gaming machines in hotels and on the premises of registered
clubs, the Minister is to approve industry codes of practice that
set out the standards to be observed by hoteliers and registered
clubs.
[33] Section 48 (5)
Omit "Department of Gaming and Racing".
Insert instead "NSW Office of Liquor, Gaming and Racing, Department of the
Arts, Sport and Recreation".
[34] Section 49 Self-exclusion of patrons from hotels and clubs
Omit "or club" from section 49 (2).
Insert instead "or the entire club premises".
[35] Section 51 Hoteliers and clubs liable for operation of gaming machines
by minors
Omit "documentary evidence" from section 51 (2).
Insert instead "an evidence of age document (within the meaning of the Liquor
Act 2007)".
[36] Section 52 Minors not permitted in gaming machine areas
Omit "of the registered club" from section 52 (4) (b).
[37] Section 53 Minors required to provide information
Omit "documentary evidence" from section 53 (1) (b).
Insert instead "an evidence of age document (within the meaning of the Liquor
Act 2007)".
[38] Sections 56 (3) and 60 (3)
Insert "on the premises of the" after "the hotel or" wherever occurring.
Page 44
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Gaming Machines Act 2001 Schedule 3
[39] Section 58 Cancellation of authorisations
Omit "the Licensing Court" from section 58 (1) (a).
Insert instead "a court".
[40] Section 58 (3)
Omit "a registered club moves".
Insert instead "the licence of a registered club is removed".
[41] Section 58 (4)
Omit the subsection. Insert instead:
(4) A reference in subsection (2) or (3) to the removal of a licence to
other premises includes a reference to the carrying on of the
business under the licence on temporary premises.
[42] Section 59 Authorisation to keep gaming machines in hotel subject to
primary purpose test
Omit "primary purpose test" from section 59 (1).
Insert "hotel primary purpose test (as referred to in section 15 of the Liquor
Act 2007)".
[43] Section 60 Gaming machines not permitted in retail shopping centres
Omit section 60 (2). Insert instead:
(2) An approved gaming machine cannot be authorised to be kept in
a hotel or on the premises of a registered club:
(a) that is or are part of a retail shopping centre or proposed
retail shopping centre, or
(b) that was or were part of a retail shopping centre within the
previous 12 months.
[44] Section 60 (5)
Omit the subsection. Insert instead:
(5) If an application is granted under the Liquor Act 2007 that results
in the premises of a registered club being moved or extended to
premises that are part of a retail shopping centre or proposed
retail shopping centre, any authorisation to keep approved
gaming machines in that new part of the club's premises ceases.
Page 45
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 3 Amendment of Gaming Machines Act 2001
[45] Section 60A SIA threshold for hotel or club to be decreased if poker
machine entitlements are transferred from retail shopping centre
Omit section 60A (1). Insert instead:
(1) This section applies to a hotel that is, or to licensed club premises
that are, part of a retail shopping centre or proposed retail
shopping centre.
[46] Part 5, Division 2, heading
Omit "Board". Insert instead "Authority".
[47] Part 5, Division 3, heading
Omit "Board's". Insert instead "Authority's".
[48] Section 67 Transfer of Authority's functions in relation to approved
gaming machines
Omit "section 75 of the Liquor Act 1982" from section 67 (5).
Insert instead "section 13 of the Casino, Liquor and Gaming Control Authority
Act 2007".
[49] Sections 70 (1) (d), 77 (2C) (b) and (6) (definition of "authorised person"),
80 (2) (b) and 194 (1) (f)
Omit "a special inspector" wherever occurring.
Insert instead "an inspector".
[50] Section 70 Possession of approved gaming machine by unauthorised
persons
Omit section 70 (2) (b). Insert instead:
(b) by a club if:
(i) the club has been disqualified from holding a
licence under the Liquor Act 2007 and the period of
disqualification has not expired, or
(ii) the licence of the club has been cancelled under the
Liquor Act 2007,
and the possession has not extended beyond a reasonable
time after the disqualification or cancellation.
Page 46
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Gaming Machines Act 2001 Schedule 3
[51] Section 71 Supply and purchase of gaming machines
Omit section 71 (5) (c). Insert instead:
(c) a club whose licence under the Liquor Act 2007 has been
cancelled (or which has been disqualified for a period from
holding a club licence under that Act) if the supply is
effected in accordance with arrangements approved by the
Authority.
[52] Section 73 Sharing of receipts from gaming machines
Omit section 73 (3) (b). Insert instead:
(b) is named in the statement referred to in section 41 of the
Liquor Act 2007, or in the information provided to the
Authority under section 55 of that Act, in relation to that
licence.
[53] Section 85 Sale of gaming machines
Omit section 85 (5) (c). Insert instead:
(c) a club whose licence under the Liquor Act 2007 has been
cancelled (or which has been disqualified for a period from
holding a club licence under that Act) if the sale is effected
in accordance with arrangements approved by the
Authority.
[54] Sections 88 (1) and (2), 95 (3), 105 and 110 (1)
Omit "Licensing Court" wherever occurring. Insert instead "Authority".
[55] Section 88 Applications for gaming-related licences
Omit section 88 (6).
[56] Sections 89 (1)-(3), 92, 120 and 124
Omit "Principal Registrar" wherever occurring. Insert instead "Authority".
[57] Section 91 Disclosure of interested parties
Omit "an affidavit" from section 91 (1).
Insert instead "a written statement".
[58] Section 91 (1) (a)
Omit "the affidavit". Insert instead "the statement".
Page 47
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 3 Amendment of Gaming Machines Act 2001
[59] Section 94
Omit the section. Insert instead:
94 Investigations, inquiries and referrals in relation to licence
applications
(1) If the Authority receives an application for a gaming-related
licence, the Authority:
(a) may carry out such investigations and inquiries in relation
to the application as the Authority considers necessary for
a proper consideration of the application, and
(b) is to refer the application to the Director unless the
regulations otherwise provide.
(2) The Director is to inquire into, and to report to the Authority on,
such matters in relation to the application as the Authority may
request.
(3) For the purposes of subsection (2), the Director may carry out
such investigations and inquiries in relation to the application as
the Director considers necessary.
(4) In particular, the Director may refer to the Commissioner of
Police details of the application together with any supporting
information in relation to the application that the Director
considers to be appropriate for referral to the Commissioner.
(5) The Commissioner of Police is to inquire into, and report to the
Director on, such matters concerning the application as the
Director may request.
[60] Section 95A
Insert after section 95:
95A Submissions in relation to licence applications
(1) Any person may, subject to and in accordance with the
regulations, make a submission to the Authority in relation to an
application for a gaming-related licence.
(2) If any such submission is made to the Authority, the Authority is
to take the submission into consideration before deciding
whether or not to grant the gaming-related licence.
Page 48
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Gaming Machines Act 2001 Schedule 3
[61] Sections 101 and 102
Omit the sections. Insert instead:
101 Granting of gaming-related licences generally
(1) The Authority may, after considering an application for a
gaming-related licence and any submissions received by the
Authority in relation to the application, grant the licence or refuse
to grant the licence.
(2) The regulations may prescribe, or provide for the determination
of, a fee in respect of the granting of a gaming-related licence. If
any such fee is prescribed or determined, the gaming-related
licence does not take effect unless the fee has been paid.
(3) The Authority may, in granting a gaming-related licence, specify
requirements that are to be complied with before the licence takes
effect. The gaming-related licence does not take effect until such
time as any such requirements have been complied with.
(4) A gaming-related licence is to be in the form approved by the
Authority.
(5) The Authority must not grant a gaming-related licence unless the
Authority is satisfied that the applicant is a fit and proper person
to carry on the business or activity to which the licence relates.
(6) The regulations may provide mandatory or discretionary grounds
for refusing the granting of a gaming-related licence.
102 Granting of testing facility licence
A testing facility licence:
(a) if granted, is to be granted in respect of premises specified
in the licence, and
(b) must not be granted unless the Authority is satisfied that
the premises concerned are suitable for the testing of poker
machines and devices in the nature of approved
amusement devices.
[62] Section 104
Omit the section. Insert instead:
104 Conditions of gaming-related licences
(1) A gaming-related licence is subject to:
Page 49
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 3 Amendment of Gaming Machines Act 2001
(a) such conditions as may be imposed by the Authority
(whether at the time the licence is granted or at any later
time) under this Act, and
(b) such conditions as are imposed by this Act or prescribed by
the regulations, and
(c) such other conditions as are authorised to be imposed on
the licence under this Act.
(2) The holder of a gaming-related licence must comply with any
conditions to which the licence is subject.
Maximum penalty: 100 penalty units.
(3) The Authority must not impose a condition on a gaming-related
licence after it has been granted, or vary or revoke a condition
that has been imposed by the Authority, unless the Authority has:
(a) given the licensee a reasonable opportunity to make
submissions in relation to the proposed decision, and
(b) taken those submissions into consideration before making
the decision.
(4) The Authority may vary or revoke a condition of a
gaming-related licence that has been imposed by the Authority:
(a) at any time on the application of the licensee or the
Commissioner of Police, or
(b) at any time on the Authority's own initiative.
(5) An application by a licensee under subsection (4) to vary or
revoke a condition imposed by the Authority must:
(a) be in the form and manner approved by the Authority, and
(b) be accompanied by the fee prescribed by the regulations,
and
(c) if required by the regulations to be advertised--be
advertised in accordance with the regulations.
(6) Any person may, subject to and in accordance with the
regulations, make a submission to the Authority in relation to an
application by a licensee under subsection (4).
(7) If any such submission is made to the Authority, the Authority is
to take the submission into consideration before deciding
whether or not to vary or revoke the condition of the
gaming-related licence concerned.
Page 50
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Gaming Machines Act 2001 Schedule 3
[63] Section 110 Application for reinstatement of cancelled gaming-related
licence or work permit
Omit "and lodged" from section 110 (3).
[64] Section 110 (4)
Omit section 110 (4) and (5). Insert instead:
(4) The Authority may reinstate the licence or work permit if the
Authority is satisfied that there is a reasonable explanation for the
failure to pay the licence fee that resulted in the cancellation of
the licence or work permit.
[65] Part 7, Division 4 Key officials
Omit the Division.
[66] Section 118 Control of business carried on under gaming-related licence
Omit section 118 (1). Insert instead:
(1) If a person (other than the licensee or a financial institution)
becomes interested in the business, or the profits of the business,
carried on under a gaming-related licence, it is a condition of the
gaming-related licence that the Authority is to be provided with
the following information within 28 days after the other person
becomes so interested:
(a) the name and date of birth of the person so interested and,
in the case of a proprietary company, the names of the
directors and shareholders,
(b) a statement that the licensee has made all reasonable
inquiries to ascertain the information referred to in
paragraph (a).
[67] Part 8
Omit the Part. Insert instead:
Part 8 Disciplinary action
127 Interpretation
(1) In this Part:
close associate means a close associate of a hotelier or
gaming-related licensee.
licensee means:
(a) a hotelier, or
Page 51
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 3 Amendment of Gaming Machines Act 2001
(b) a registered club, or
(c) the holder of a gaming-related licence (referred to in this
Part as a gaming-related licensee).
(2) In this Part:
(a) a reference to a licensee includes a reference to a former
licensee, and
(b) a reference to a conviction for an offence under this Act or
the regulations does not include a reference to a conviction
for an offence prescribed by the regulations for the
purposes of this section.
(3) Without limiting the grounds on which disciplinary action may
be taken under this Part, the grounds for taking any such action
may relate to conduct occurring before the substitution of this
Part by Schedule 3 to the Miscellaneous Acts (Casino, Liquor and
Gaming) Amendment Act 2007.
128 Director may carry out inquiries and investigations
(1) The Director may carry out such investigations and inquiries as
the Director considers to be necessary in order to ascertain
whether a complaint should be made under this Part in relation to
a licensee or close associate.
(2) The Commissioner of Police is to inquire into, and report to the
Director on, such matters as the Director may request concerning
the licensee or close associate to whom the complaint, if made,
would relate.
(3) The Director may, by notice in writing, require a licensee or close
associate who is the subject of an investigation under this section
to do one or more of the following things:
(a) provide, in accordance with directions in the notice, such
information verified by statutory declaration as, in the
opinion of the Director, is relevant to the investigation and
is specified in the notice,
(b) produce, in accordance with directions in the notice, such
records as, in the opinion of the Director, are relevant to
the investigation and permit examination of the records,
the taking of extracts from them and the making of copies
of them,
(c) authorise a person described in the notice to comply with a
requirement of the kind referred to in paragraph (a) or (b),
(d) furnish to the Director such authorisations and consents as
the Director requires for the purpose of enabling the
Page 52
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Gaming Machines Act 2001 Schedule 3
Director to obtain information (including financial and
other confidential information) from other persons
concerning the person under investigation and the person's
associates.
(4) A person who complies with a requirement of a notice under
subsection (3) does not on that account incur a liability to another
person.
(5) A person must not fail to comply with a requirement of the
Director contained in a notice under subsection (3).
Maximum penalty: 20 penalty units.
129 Grounds for making complaint
(1) A complaint in relation to a licensee or close associate may be
made to the Authority by any of the following (referred to in this
Part as the complainant):
(a) the Director,
(b) the Commissioner of Police,
(c) a person authorised by the regulations to make a complaint
under this Part.
(2) A complaint must be in writing and specify the grounds on which
it is made.
(3) The grounds on which a complaint in relation to a licensee or
close associate may be made are as follows:
(a) that the licensee:
(i) has contravened a provision of this Act or the
regulations, or
(ii) has failed to comply with any requirement under
this Act or the regulations that relates to the
licensee, or
(iii) has been convicted of an offence under this Act or
the regulations or of an offence prescribed by the
regulations for the purposes of this section,
(b) that the hotelier or registered club has engaged in conduct
that has encouraged, or is likely to encourage, the misuse
and abuse of gambling activities in the hotel or on the
premises of the club concerned,
(c) that the hotelier or registered club has failed to comply
with any of the conditions to which an authorisation under
Part 5 is subject (including, in the case of a hotelier, the
condition that the hotelier comply with the hotel primary
Page 53
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 3 Amendment of Gaming Machines Act 2001
purpose test as referred to in section 15 of the Liquor Act
2007 in respect of the hotel),
(d) that the hotelier or registered club has failed to pay tax
within the meaning of the Gaming Machine Tax Act 2001,
or an instalment of any such tax, within the time allowed
by or under that Act, or has failed to pay a penalty or
interest due for late payment of any such tax or instalment,
(e) that the gaming-related licensee:
(i) has failed to comply with a condition of the
gaming-related licence, or
(ii) has failed to comply with an order or direction of the
Authority, or
(iii) has failed to make due payment of a penalty for late
payment of a fee in accordance with this Act, or
(iv) is no longer a fit and proper person to hold a
gaming-related licence,
(f) that the close associate is (or has become) a close associate
of a hotelier or gaming-related licensee while disqualified
by the Authority from being a close associate,
(g) that the close associate is not a fit and proper person to be
a close associate of a hotelier or gaming-related licensee,
(h) that a complaint against a hotelier or gaming-related
licensee under this section has been made and that:
(i) the close associate knew or ought reasonably to
have known that the hotelier or gaming-related
licensee was engaging (or was likely to engage) in
conduct of the kind to which the complaint relates,
and
(ii) the close associate failed to take all reasonable steps
to prevent the licensee from engaging in conduct of
that kind,
(i) that a person who is interested in the business, or in the
conduct or profits of the business, carried on under the
gaming-related licence is not a fit and proper person to be
so interested,
(j) that the gaming-related licence has not been exercised in
the public interest,
(k) that the licensee or close associate has failed to comply
with a requirement of the Director made under section 128
in relation to the investigation of the licensee or close
associate.
Page 54
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Gaming Machines Act 2001 Schedule 3
130 Procedure for taking disciplinary action
(1) If a complaint in relation to a licensee or close associate is made
under this Part, the Authority must, before taking any disciplinary
action against the licensee or close associate, notify the licensee
or close associate in writing of the grounds on which the
Authority is proposing to take disciplinary action.
(2) Any such notice is to invite the licensee or close associate to
show cause, by way of a written submission, as to why the
Authority should not take disciplinary action against the licensee
or close associate.
(3) The Authority must also, before taking disciplinary action
against a gaming-related licensee, invite written submissions
from the following persons:
(a) each person named in the written statement referred to in
section 91 that accompanied the application for the
licence,
(b) each person named in the information provided to the
Authority (as required by section 118) who has become
interested in the business, or the conduct of the business,
carried out on the licence.
(4) The Authority may specify:
(a) the time within which a submission under this section may
be made, and
(b) any other requirements that must be complied with in
relation to the making of any such submission.
(5) If any written submission is made in accordance with this section,
the Authority must take the submission into consideration in
deciding whether or not to take disciplinary action against the
licensee or close associate concerned.
131 Disciplinary powers of Authority
(1) The Authority may deal with and determine a complaint that is
made to it under this Part.
(2) If the Authority is satisfied that any of the grounds on which the
complaint was made apply in relation to the licensee or close
associate, the Authority may decide not to take any action or may
decide to do any one or more of the following:
(a) order the hotelier or gaming-related licensee to pay, within
such time as is specified in the order:
Page 55
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 3 Amendment of Gaming Machines Act 2001
(i) a monetary penalty not exceeding 500 penalty units
(in the case of a corporation) or 200 penalty units (in
any other case), or
(ii) if circumstances of aggravation exist in relation to
the complaint--a monetary penalty not exceeding
1,000 penalty units (in the case of a corporation) or
400 penalty units (in any other case),
(b) order the registered club to pay, within such time as is
specified in the order, a monetary penalty not exceeding
2,500 penalty units or, if circumstances of aggravation
exist in relation to the complaint, not exceeding 5,000
penalty units,
(c) if the ground that applies is any of the grounds referred to
in section 129 (3) (a), (b), (c), (d) or (f):
(i) cancel the hotelier's or registered club's licence
under the Liquor Act 2007 or the gaming-related
licence, or
(ii) suspend the hotelier's or registered club's licence
under the Liquor Act 2007 or the gaming-related
licence for such period as the Authority thinks fit, or
(iii) cancel, suspend or modify any authorisation or
approval under this Act for the hotelier or registered
club to keep approved gaming machines, or
(iv) disqualify the hotelier or registered club from
keeping approved gaming machines for such period
as the Authority thinks fit,
(d) cancel the gaming-related licensee's licence or suspend the
licence for such period as the Authority thinks fit,
(e) impose or vary a condition to which the gaming-related
licence is subject,
(f) disqualify the gaming-related licensee from holding a
gaming-related licence for such period as the Authority
thinks fit,
(g) disqualify the close associate from being a close associate
of a licensee for such period as the Authority thinks fit,
(h) disqualify the close associate from holding a
gaming-related licence for such period as the Authority
thinks fit,
(i) order the licensee to pay the amount of any costs incurred:
Page 56
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Gaming Machines Act 2001 Schedule 3
(i) by the Director in carrying out any investigation or
inquiry under section 128 in relation to the licensee
or close associate, or
(ii) by the Authority in connection with the taking of
disciplinary action against the licensee or close
associate under this section,
(j) reprimand the licensee or close associate.
(3) If the Authority orders a licensee to pay a monetary penalty under
this section and the penalty is not paid within the time specified
in the order, the Authority may:
(a) cancel the licence, or
(b) suspend the licence until such time as the penalty is paid
(or for such other period as the Authority thinks fit).
(4) While a person is disqualified by the Authority under this section
from being a close associate of a gaming-related licensee, the
person is conclusively presumed for the purposes of this Act to
be a person who is not a fit and proper person to be a close
associate of a gaming-related licensee.
(5) For the purposes of this section, circumstances of aggravation
exist in relation to a complaint if any of the following paragraphs
applies:
(a) the complaint alleges that for the reasons specified in the
complaint the matter of the complaint is so serious as to
warrant the taking of action that is available to the
Authority when circumstances of aggravation exist,
(b) the Authority, in finding that the matter of the complaint
has been made out, is of the opinion (having regard to such
matters as the number and seriousness of the
contraventions involved, the number of people involved in
the contravention, the seriousness of the outcome of the
contravention, or other relevant considerations) that the
matter of the complaint is so serious as to warrant the
taking of action that is available to the Authority when
circumstances of aggravation exist.
131A Procedure for implementing disciplinary action
(1) If the Authority decides to take disciplinary action against a
licensee or close associate under this Part, the Authority is
required to serve on the licensee or close associate a notice
informing the person of the Authority's decision.
(2) The notice must include the reasons for the Authority's decision.
Page 57
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 3 Amendment of Gaming Machines Act 2001
(3) Any disciplinary action under this Part takes effect when notice
of it is given or on a later date specified in the notice.
(4) The Authority may, by serving a further notice on the licensee or
close associate concerned, cancel a notice under this section
before the notice takes effect.
(5) The Authority is not prevented from taking disciplinary action
under this Part merely because the licensee or close associate is
subject to criminal or civil proceedings that relate to the same
matters or incident to which the disciplinary action relates.
131B Requirement for legal member of Authority to be present
The Authority cannot determine any complaint made to it under
this Part (including any decision to take any disciplinary action)
unless a member of the Authority who is or has been a Judge, or
who has been an Australian lawyer for at least 7 years, is present
at the meeting of the Authority (or the committee of the
Authority) at which the complaint is determined or the decision
to take the action is made.
131C Review by ADT of decision by Authority under this Part
(1) An application for the review of a decision by the Authority in
relation to a complaint under this Part may be made to the
Administrative Decisions Tribunal.
(2) An application for such a review may be made by:
(a) the licensee or person against whom any disciplinary
action is taken by the Authority in relation to the
complaint, or
(b) the complainant.
(3) Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act
1997 does not apply to an application to the Administrative
Decisions Tribunal for a review of a decision by the Authority
under this Part.
[68] Section 133A Technicians required to connect gaming machines to
authorised CMS
Omit section 133A (3). Insert instead:
(3) If any such details are recorded in a CMS connectivity certificate
by a technician in relation to an approved gaming machine in a
hotel or on the premises of a registered club, the hotelier or club
must:
Page 58
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Gaming Machines Act 2001 Schedule 3
(a) keep a copy of the certificate in the hotel or on the premises
of the club, and
(b) if requested to do so by an inspector, produce the copy for
inspection by the inspector.
Maximum penalty: 10 penalty units.
[69] Section 140A
Insert after section 140:
140A Protection from personal liability
Anything done or omitted to be done by a person who is an
employee of the CMS licensee in exercising the functions
conferred or imposed on the person by or under this Act, or in the
course of the administration of this Act, does not, if it was done
or omitted to be done in good faith, subject the person personally
to any action, liability, claim or demand.
[70] Section 141 Definitions
Omit the definition of participating club. Insert instead:
participating club means a registered club whose premises are
part of an authorised inter-club linked gaming system.
[71] Section 153 Granting of links licence
Omit "or registered clubs" from section 153 (5) (d).
Insert "or club premises".
[72] Part 13 Investigation and enforcement powers
Omit the Part.
[73] Part 14, heading
Omit "Legal". Insert instead "Criminal".
[74] Part 14, Division 1 Appeals and reviews
Omit the Division.
[75] Part 14, Division 2, heading
Omit the heading.
Page 59
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 3 Amendment of Gaming Machines Act 2001
[76] Section 194 Evidentiary provisions
Omit "legal proceedings under this Act" from section 194 (1).
Insert instead "proceedings under this Act (whether or not for an offence under
this Act or the regulations)".
[77] Section 194 (2)
Omit the subsection. Insert instead:
(2) In any proceedings for an offence under this Act or the
regulations, an allegation that, at a specified time, a person was
under the age of 18 years is evidence of the truth of the allegation
unless the defendant denies the allegation in the manner
prescribed by the regulations.
[78] Section 197
Omit the section. Insert instead:
197 Proceedings for offences
(1) Proceedings for an offence under this Act or the regulations are
to be dealt with summarily before the Local Court.
(2) Proceedings for an offence under this Act or the regulations may
be commenced within but not later than 12 months after the date
on which the offence is alleged to have been committed.
[79] Section 198
Omit the section. Insert instead:
198 Additional penalties
In addition to any other penalty that a court may impose for an
offence committed by a hotelier, registered club or holder of a
gaming-related licence under this Act or the regulations, the court
may, if it thinks it appropriate, do any one or more of the
following:
(a) cancel the hotel licence, club licence or gaming-related
licence concerned,
(b) cancel, suspend or modify any authorisation or approval
under this Act for the hotelier or registered club to keep
approved gaming machines,
(c) disqualify the hotelier or registered club from keeping
approved gaming machines for such period as the court
thinks fit,
Page 60
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Gaming Machines Act 2001 Schedule 3
(d) impose a condition to which the hotel licence, club licence
or gaming-related licence is to be subject or revoke or vary
a condition to which the hotel licence, club licence or
gaming-related licence is subject,
(e) suspend the hotel licence, club licence or gaming-related
licence for such period, not exceeding 12 months, as the
court thinks fit,
(f) disqualify the holder of the gaming-related licence from
holding a gaming-related licence for such period as the
court thinks fit,
(g) reprimand the hotelier, registered club or holder of the
gaming-related licence.
[80] Section 199 Remedial orders
Omit section 199 (1). Insert instead:
(1) In addition to or as an alternative to:
(a) any disciplinary action that the Authority may take under
Part 8, or
(b) any penalty that a court imposes in any proceedings in
which it finds a person guilty of an offence under this Act
or the regulations (being an offence that is prescribed by
the regulations for the purposes of this section),
the Authority or the court (as the case requires) may make an
order requiring a responsible person to undertake any specified
course of training that the Authority or the court considers will
promote responsible practices in relation to the keeping and
operation of approved gaming machines in the hotel or on the
premises of the club concerned.
[81] Section 199 (3)
Insert after section 199 (2):
(3) For the purposes of this section, responsible person means:
(a) in the case of a hotel--the hotelier, the manager of the
hotel or any other person involved in the conduct of
gambling activities in the hotel, and
(b) in the case of a registered club--the secretary of the club
or any director or employee of the club.
[82] Section 202 Liability of management and directors of corporate holders
of gaming-related licences
Omit "a holder" from section 202 (1). Insert instead "holder".
Page 61
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 3 Amendment of Gaming Machines Act 2001
[83] Section 203 Penalty notices
Omit ", the Director or a special" from the definition of authorised officer in
section 203 (10).
Insert instead "or an".
[84] Section 203A
Insert after section 203:
203A Forfeiture and seizure of gaming machines
(1) If, in any proceedings before it, a court determines that this Act
or the regulations, or a condition of a gaming-related licence, has
been contravened in relation to an approved gaming machine, the
court may order the forfeiture to the Crown of the gaming
machine and any money found in it.
(2) A police officer may seize and carry away anything that the
police officer reasonably suspects may be liable to forfeiture
under this section or which a court has ordered to be forfeited to
the Crown, including any money in an approved gaming machine
at the time of its seizure.
[85] Section 204 Crown not liable for any compensation
Omit "the Board or any officer, employee or agent of the Crown or the Board"
from section 204 (2).
Insert instead "any officer, employee or agent of the Crown".
[86] Section 205B
Insert after section 205A:
205B Hoteliers and clubs must comply with requirements of inspectors
(1) An inspector may require a hotelier or registered club to do any
of the following:
(a) to withdraw from operation an approved gaming machine
that, in the opinion of the inspector, is not operating
properly,
(b) to refrain from making available for operation an approved
gaming machine withdrawn from operation under
paragraph (a) until, in the opinion of the inspector or
another inspector, it is operating properly,
Page 62
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Gaming Machines Act 2001 Schedule 3
(c) to refrain from making an approved gaming machine
available for operation except in accordance with controls
specified by the inspector in relation to the gaming
machine,
(d) to deliver to the Authority, in writing in the English
language and within a time specified by the inspector, such
particulars relating to an approved gaming machine in the
hotel or club as are so specified,
(e) to refrain from making available for operation an approved
gaming machine indicated by the inspector until it has
been fitted with a device approved by the Authority for the
purposes of the secure keeping and operation of the
gaming machine.
(2) A hotelier or registered club must comply with any such
requirement given to the hotelier or club.
Maximum penalty: 50 penalty units.
[87] Section 206 Secrecy
Insert "(including any public authority of the State or the Commonwealth)"
after "body" in section 206 (5) (e).
[88] Section 209 Relationship with Environmental Planning and Assessment
Act 1979
Omit ", registered clubs" from section 209 (1).
Insert instead "or on the premises of registered clubs".
[89] Section 209 (3) (a)
Omit ", registered club".
Insert instead "or on the premises of a registered club".
[90] Section 209 (3) (b)
Omit "in a hotel or registered club".
Insert instead "in a hotel or on the premises of a registered club".
[91] Section 210 Regulations
Insert "the premises of" before "registered clubs" wherever occurring in
section 210 (2) (n) and (t).
[92] Section 210 (2) (x)
Omit the paragraph.
Page 63
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 3 Amendment of Gaming Machines Act 2001
[93] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment
Act 2007, to the extent that it amends this Act
[94] Schedule 1, Part 9
Insert after Part 8:
Part 9 Provisions consequent on enactment of
Miscellaneous Acts (Casino, Liquor and
Gaming) Amendment Act 2007
33 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.
former Liquor Act means the Liquor Act 1982 as in force
immediately before its repeal by the Liquor Act 2007.
34 Pending applications and proceedings
(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 3
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 3 to the amending Act) and
Page 64
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of Gaming Machines Act 2001 Schedule 3
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 3 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 3 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.
35 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
Page 65
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 3 Amendment of Gaming Machines Act 2001
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.
36 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 3 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 licence, authorisation or
approval that was in force under a provision of this Act
immediately before the amendment of the provision by Schedule
3 to the amending Act is taken to be a licence, authorisation or
approval in force under this Act as so amended.
Page 66
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of other Acts Schedule 4
Schedule 4 Amendment of other Acts
(Section 6)
4.1 Bail Act 1978 No 161
[1] Section 4 Definitions
Omit "the Licensing Court" from the definition of Local Court in section 4
(1).
[2] Section 4 (1), definition of "magistrate"
Omit "a Licensing Magistrate under the Liquor Act 1982,".
4.2 Boxing and Wrestling Control Act 1986 No 11
Section 62A Application of Part and definitions
Omit paragraph (b) (i) of the definition of public entertainment in section
62A (2).
Insert instead:
(i) patrons of any premises licensed under the Liquor Act
2007, or
4.3 Court Security Act 2005 No 1
Section 4 Definitions
Omit paragraph (j) of the definition of court in section 4 (1).
4.4 Crimes (Appeal and Review) Act 2001 No 120
Section 3 Definitions
Omit paragraph (c) of the definition of Local Court in section 3 (1).
4.5 Criminal Procedure Act 1986 No 209
[1] Section 3 Definitions
Omit the definitions of Licensing Court and Licensing Magistrate from
section 3 (1).
[2] Sections 28 (2), 275 and 312 (3)
Omit ", a Licensing Magistrate" wherever occurring.
Page 67
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 4 Amendment of other Acts
[3] Section 170 Application
Omit section 170 (2) (b).
[4] Section 171 Definitions
Omit "Licensing Magistrate, a Mining Warden, and" from the definition of
Magistrate in section 171.
Insert instead "Mining Warden,"
[5] Section 171, definition of "registrar"
Omit paragraph (b) of the definition.
4.6 Environmental Planning and Assessment Act 1979 No 203
Section 4 Definitions
Omit paragraph (b) of the definition of place of public entertainment.
Insert instead:
(b) any premises the subject of a licence under the Liquor Act
2007 that are used or intended to be used for the purpose
of providing entertainment, including public
entertainment, but not including amusement by means of
an approved gaming machine within the meaning of the
Gaming Machines Act 2001, or
4.7 Fines Act 1996 No 99
[1] Schedule 1 Statutory provisions under which penalty notices issued
Insert in alphabetical order of Acts:
Casino, Liquor and Gaming Control Authority Act 2007, section
46
[2] Schedule 1
Omit the matter relating to the Liquor Act 1982. Insert instead:
Liquor Act 2007, section 150
Page 68
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of other Acts Schedule 4
4.8 Gaming Machine Tax Act 2001 No 72
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
Authority means the Casino, Liquor and Gaming Control
Authority constituted under the Casino, Liquor and Gaming
Control Authority Act 2007.
[2] Section 3 (1)
Omit the definition of Board.
[3] Section 3 (1), definitions of "hotel", "hotelier" and hotelier's licence"
Omit the definitions. Insert instead:
hotel, hotel licence and hotelier have the same meanings as in the
Liquor Act 2007.
[4] Section 3 (1), definition of "outgoings"
Omit "under Part 12 of the Liquor Act 1982 or" from paragraph (d) of the
definition.
[5] Sections 3 (1) (definition of "progressive jackpot payment"), 8 (1), 9 (2),
10 (1), 17 (1) and (3) and 23
Omit "Board" wherever occurring. Insert instead "Authority".
[6] Sections 6 (3) (b), 7 (4) and 11 (1) (a) (i)
Omit "hotelier's" wherever occurring. Insert instead "hotel".
[7] Section 11 Apportionment of liability for tax in certain circumstances
Omit "under" from section 11 (1) (b) (i). Insert instead "as referred to in".
[8] Section 24
Omit the section. Insert instead:
24 Proceedings for offences
Proceedings for an offence under this Act or the regulations are
to be dealt with summarily before the Local Court.
Page 69
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 4 Amendment of other Acts
4.9 Judicial Officers Act 1986 No 100
Section 3 Definitions
Omit ", a licensing magistrate" from the definition of Magistrate in section
3 (1).
4.10 Law Enforcement (Powers and Responsibilities) Act 2002
No 103
Schedule 2 Search warrants under other Acts
Omit the following:
Casino Control Act 1992, section 112
Gaming Machines Act 2001, section 184
Liquor Act 1982, section 151
Registered Clubs Act 1976, sections 129 and 151
Insert instead in alphabetical order of Acts:
Casino, Liquor and Gaming Control Authority Act 2007, section
27
4.11 Local Court Act 2007
[1] Section 3 Definitions
Omit "or" from paragraph (b) of the definition of part-time Magistrate in
section 3 (1).
[2] Section 3 (1), definition of "part-time Magistrate"
Omit paragraph (c) of the definition.
4.12 Local Government Act 1993 No 30
Dictionary
Omit the definition of licensed premises. Insert instead:
licensed premises means any premises to which a licence under
the Liquor Act 2007 relates.
Page 70
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Amendment of other Acts Schedule 4
4.13 Parliamentary Precincts Act 1997 No 66
[1] Section 27A Memorandum of understanding with Director of Liquor and
Gaming
Omit "of functions under the Liquor Act 1982 by special inspectors holding
office under section 109 of that Act" from section 27A (1).
Insert instead "of functions by inspectors (within the meaning of the Casino,
Liquor and Gaming Control Authority Act 2007) in relation to any licence
under the Liquor Act 2007 that authorises the sale of liquor in the
Parliamentary precincts".
[2] Section 27A (3)
Omit "Functions under the Liquor Act 1982".
Insert instead "The functions referred to in subsection (1)".
[3] Section 27A (3)
Omit "a special". Insert instead "any such".
4.14 Public Finance and Audit Act 1983 No 152
[1] Schedule 2 Statutory bodies
Insert in alphabetical order:
Casino, Liquor and Gaming Control Authority
[2] Schedule 2
Omit "New South Wales Casino Control Authority".
[3] Schedule 3 Departments
Omit the matter relating to the Liquor Administration Board.
4.15 Public Sector Employment and Management Act 2002 No 43
[1] Schedule 1 Divisions of the Government Service
Omit the matter relating to the Casino Control Authority Division from Part 2
(Non-Public Service Divisions assigned to statutory corporations).
[2] Schedule 2 Executive positions (other than non-statutory SES positions)
Omit "Chief Executive of the Casino Control Authority" from Part 2 (Chief
executive positions (heads of public authorities)).
Page 71
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Bill 2007
Schedule 4 Amendment of other Acts
4.16 Statutory and Other Offices Remuneration Act 1975 (1976
No 4)
[1] Schedule 1 Public offices
Omit the following:
Chairperson of the Licensing Court of New South Wales (under
the Liquor Act 1982)
Deputy Chairperson of the Licensing Court of New South Wales
(under the Liquor Act 1982)
Licensing magistrate (under the Liquor Act 1982), other than the
Chairperson, and the Deputy Chairperson, of the Licensing Court
of New South Wales
[2] Schedule 3 Public offices
Omit "New South Wales Casino Control Authority" from Part 2.
Insert instead "Casino, Liquor and Gaming Control Authority".
4.17 Unlawful Gambling Act 1998 No 113
[1] Section 7 Lawful forms of gambling
Insert "on the premises of a" before "registered club" in section 7 (f).
[2] Section 7 (g) (ii)
Omit "Liquor Administration Board".
Insert instead "Casino, Liquor and Gaming Control Authority".
Page 72
[Index] [Search] [Download] [Related Items] [Help]