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GAMBLING AND OTHER LEGISLATION AMENDMENT ACT 2009 No. 41 - SECT 83

83 Amendment of s 155AD (Who must be present or reasonably available at licensed premises etc.)

(1) Section 155AD(2) and (3)--

omit, insert--

'(2) If the licensee or permittee is a corporation, the licensee or permittee must take reasonable steps to ensure that an approved manager--

(a) is present or reasonably available during the following times at the licensed premises or premises to which the permit relates--
(i) ordinary trading hours;
(ii) approved extended trading hours between 7a.m. and 10a.m.; and
(b) is present during approved extended trading hours between 12 midnight and 5a.m. at the licensed premises or premises to which the permit relates.
Maximum penalty--50 penalty units.

'(3) If the licensee or permittee is an individual, the licensee or permittee must--

(a) be present or reasonably available, or take reasonable steps to ensure that an approved manager is present or reasonably available, during the following times at the licensed premises or premises to which the permit relates--
(i) ordinary trading hours;
(ii) approved extended trading hours between 7a.m. and 10a.m.; and
(b) be present, or take reasonable steps to ensure that an approved manager is present, during approved extended trading hours between 12 midnight and 5a.m. at the licensed premises or premises to which the permit relates.
Maximum penalty--50 penalty units.'.

(2) Section 155AD--

insert--

'(4A) Despite subsections (2)(a) and (3)(a), the chief executive may, under section 107C, impose a condition on a licensee's licence or a permittee's permit requiring--

(a) if the licensee or permittee is a corporation--the licensee or permittee to take reasonable steps to ensure an approved manager is present during the times mentioned in subsection (2)(a) at the licensed premises or premises to which the permit relates; and
(b) if the licensee or permittee is an individual--the licensee or permittee to be present, or take reasonable steps to ensure an approved manager is present, during the times mentioned in subsection (3)(a) at the licensed premises or premises to which the permit relates.

'(4B) Subsection 4A applies if the chief executive is satisfied the condition is necessary for a purpose mentioned in section 107C(1).'.

(3) Section 155AD(5)(b), after '1 hour'--

insert--

'or, if the chief executive has decided to extend the period of time for a particular licensee, permittee or approved manager, the extended period of time.'.

(4) Section 155AD--

insert--

'(6) In deciding whether to extend the period of time for a particular licensee, permittee or approved manager, the chief executive must have regard to--

(a) the principal activity, and the nature and extent of the business, conducted under the licence or permit; and
(b) the location of the premises; and
(c) the availability of trained staff for the premises.'.


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