New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
Omit "the registration of clubs and their rules and
management".
Insert instead "the rules and management of registered clubs".
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).
Omit the sections.
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 .
"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:"honorary member", in relation to a club, means a person who, under the rules of that club, is an honorary member of that club.(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.
"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 .
"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:"temporary member", in relation to a club, means a person who, under the rules of the club, is a temporary member of that club.(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.(2) Notes included in this Act do not form part of this Act.
Omit " Registration of clubs ".
Insert instead " Club requirements, amalgamations and certain authorities ".
Omit " Applications for certificates of
registration ".
Insert instead " General requirements ".
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:".
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.
Omit "Licensing Court" wherever occurring. Insert instead "Authority".
Omit "On the hearing of". Insert instead "In determining".
Omit the subsection. Insert instead:
(5) An application may be made under subsection (3) in respect of a proposed amalgamated club.
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.
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 .
Omit "Board" wherever occurring. Insert instead "Authority".
Omit "Before the Licensing Court approves the
amalgamation of 2 or more registered clubs".
Insert instead "Before any 2 or more registered clubs amalgamate".
Omit section 17AE (1).
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).
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.
Omit " Other applications ".
Insert instead " Certain authorisations in relation to clubs ".
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.
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,(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.
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,(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.
Omit the section. Insert instead:
23A General provisions applying to authorisations(1) This section applies to the following authorisations:(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:(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.
Omit the Divisions.
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.
Omit "referred to in section 52 (2)".
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.
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.
Omit "hotelier's". Insert instead "hotel".
Omit "Principal Registrar" wherever occurring. Insert instead "Authority".
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.
Omit "as is relevant".
Insert instead "as, in the opinion of the Director, is relevant".
Omit "as are relevant".
Insert instead "as, in the opinion of the Director, are relevant".
Omit section 36 (2) (b), (3) and (11).
Omit "day appointed for the commencement of the
hearing of the application".
Insert instead "application is made".
Omit "in the manner referred to in subsection (2) (b) or".
Omit section 41 (2)-(5).
Omit section 41A (3).
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,
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.
Omit "under section 34A" from section 41L (1) (a).
Insert instead "under the Liquor Act 2007 ".
Omit "either or
both" from section 41ZA (1).
Insert instead "any one or more".
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.
Omit the Part.
Omit "defined" wherever occurring in section 45 (1) and (2).
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,
Omit section 50B (1).
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.
Insert after Part 6:
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,(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.
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,(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.
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.
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.
Omit the Part.
Omit the Part.
Omit " Legal proceedings ".
Insert instead " Criminal proceedings and related matters ".
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 (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.
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.
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,(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.
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".
Omit "sections 17 and 17AAA". Insert instead "Part 6A".
Omit ", the Director or a special". Insert instead "or an".
Omit section 67 (1).
Omit "within its
jurisdiction" from section 70A (e).
Insert instead "that relates to its functions under this Act".
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).
Omit section 72 (3) and (8).
Omit section 73 (1) (a)-(d), (g), (k) and (m) and (2).
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
Insert at the end of the Schedule as Part 20:
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.
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.(3) Clubs with existing restricted off-premises trading hours If, immediately before the relevant date, an existing registered club was subject to restrictions imposed under this Act in relation to its off-premises trading hours, those restrictions continue to apply until such time as the Authority, on application by the registered club, varies the off-premises trading hours under the Liquor Act 2007 .(4) No take-away sales on restricted trading days This clause does not authorise an existing registered club to sell or supply liquor on Good Friday or Christmas Day for consumption away from the licensed premises.
96 Superseded references in relation to certificates of registration of clubs A reference in any Act (other than this Act) or instrument of any kind to a registered club in respect of which a certificate of registration under this Act is in force is to be read as a reference to a registered club in respect of which a club licence under the Liquor Act 2007 is in force.
97 Pending applications and proceedings under this Act(1) If any authorisation, appointment or other matter is granted or determined pursuant to this clause, it is taken to have been granted or determined under this Act (as amended by Schedule 2 to the amending Act).(2) Proceedings pending before the Licensing Court If, before the repeal of Part 2 of the former Liquor Act, proceedings in relation to any matter under this Act were commenced in the former Court but the former Court had not determined the matter:(a) the matter may continue to be dealt with and determined by the Local Court as if it were sitting as the former Court, and(b) the provisions of this Act (as in force immediately before being amended by Schedule 2 to the amending Act) and the former Liquor Act continue to apply, as if they had not been amended, for the purposes of:(i) the hearing and determination of the matter, and(ii) any appeal against the former Court's determination of the matter.(3) In hearing and determining a matter that is the subject of any such pending proceedings, the Local Court has the same jurisdiction as the former Court had immediately before it was abolished.(4) Matters being dealt with by the Liquor Administration Board If, before the repeal of section 72 of the former Liquor Act, any matter under this Act was being dealt with by the former Board (including by any person to whom the functions of the Board were delegated under section 75 of the former Liquor Act) but had not been determined by the date of that repeal:(a) the former Board (or the person to whom those functions were delegated) is to continue to deal with the matter as if the former Board had not been abolished, and(b) the provisions of this Act (as in force immediately before being amended by Schedule 2 to the amending Act) continue to apply in relation to the determination of the matter by the former Board (or by the person to whom those functions were delegated) as if those provisions had not been so amended.(5) If any such pending matter before the former Board is not determined within such period as may be prescribed by the regulations, the Authority may deal with the matter instead under the relevant provision of this Act.(6) The continuation, for the purposes of this clause, of the provisions of this Act (as in force immediately before being amended by Schedule 2 to the amending Act) and the former Liquor Act is subject to such modifications as may be prescribed by the regulations.(7) For the purposes of this clause, "amended" includes repealed.
98 Existing conditions imposed by former Court or former Board(1) Any condition imposed by the former Court or the former Board (whether under the former Liquor Act or this Act) in relation to any matter under this Act, being a condition in force immediately before the repeal of Part 4 of the former Liquor Act, is taken to have been imposed by the Authority under this Act (and accordingly a reference to the former Court or the former Board in or in relation to any such condition is to be construed as a reference to the Authority).(2) The Authority has such powers as are necessary to give effect to any such condition and may vary or revoke the condition.
99 Existing managers A person who, immediately before the repeal of section 34A of this Act by Schedule 2 to the amending Act, was a person appointed under that section as the manager (or to act as the manager) of any premises of a registered club is, on that repeal, taken to have been appointed as the manager of those premises under section 66 of the Liquor Act 2007 .
100 General savings provision(1) Subject to the regulations, anything done under or for the purposes of a provision of this Act that had effect immediately before the provision was amended by Schedule 2 to the amending Act is taken to have been done under or for the purposes of this Act as so amended.(2) Without limiting subclause (1), any approval, authority or appointment in force under a provision of this Act immediately before the amendment of the provision by Schedule 2 to the amending Act is taken to be an approval, authority or appointment in force under this Act as so amended.
Omit the Schedule.