2011
2011
2011-11-28
act
government
publicspecial
act.reprint
partuncommenced
2011-10-17
2011-10-17
0
2011
none
act-2011-072
609986fd-d349-4f32-961a-af37a79a751f
449bfe3d-aa5e-4c91-87d8-df71a27069aa
Note—
Amending Acts and amending provisions are subject
to automatic repeal pursuant to sec 30C of the Interpretation
Act 1987 No 15 once the amendments have taken
effect.
An Act to make miscellaneous amendments to
certain clubs, liquor and gaming legislation; and for other
purposes.
1Name of
Act
This Act is the Clubs, Liquor and
Gaming Machines Legislation Amendment Act
2011.
2Commencement
(1)
This Act commences on a day or days to be
appointed by proclamation, except as provided by subsection
(2).
(2)
The following provisions commence on the date of
assent to this Act:
(a)
Schedule 1 [3]–[13], [18]–[23],
[25]–[27], [33]–[35], [37] and [39],
(b)
Schedule 2 [3]–[5], [8]–[12],
[15]–[18] and [21]–[23],
(c)
Schedule 3 [4], [8], [37], [49], [50], [52],
[55]–[58], [84], [86], [87], [89] and [90] (but only to the extent that
it inserts the Part heading and clauses 49, 53 and 54 in Schedule 1 to the
Gaming Machines Act
2001),
(d)
Schedule 4 [5]–[8], [10]–[13] and
[15]–[18],
(e)
Schedule 6.
Schedule 1Amendment of Registered Clubs Act 1976 No
31
[1]Sections 1 (note) and 4
(definitions of “close associate” and
“inspector”)
Omit “Casino, Liquor and Gaming Control
Authority” wherever occurring.
Insert instead “Gaming and Liquor
Administration”.
[2]Section 4
Definitions
Omit the definition of Authority. Insert instead:
Authority means the Independent
Liquor and Gaming Authority constituted under the Gaming and Liquor
Administration Act 2007.
[3]Section 4, definition of
“Director”
Omit the definition. Insert instead:
Director-General means the
Director-General of the Department of Trade and Investment, Regional
Infrastructure and Services.
[4]Section 4, definition of
“employ”
Omit the definition.
[5]Sections 6A (4), 23A (9) (b),
35A, 41E (2) (a), 41Q (1), 41R, 41S (c), 49, 57F (1) (a) and (3) (h), 57H (2)
(i) and 63 (1) (c) and (d)
Omit “Director” wherever occurring.
Insert instead “Director-General”.
[6]Section 6A
Delegations
Omit section 6A (5).
[7]Part 2,
heading
Insert “, de-amalgamations”
after “amalgamations”.
[8]Section 10 Requirements to be
met by clubs
Insert after section 10 (1) (e):
(e1)
If the regulations prescribe objects that are to
apply in relation to specified types of clubs, the club is, if it is of such a
type, to have the objects so prescribed in relation to that type of
club.
[9]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 the ownership or occupation of the
premises of the club unless the profit, benefit or advantage is in the form
of:
(i)
reasonable and proper interest paid to a lender
on any loan made to the club that is secured against the premises of the club,
or
(ii)
reasonable and proper rent or occupation fees
paid to the owner of the premises of the club,
being, in either case, a payment arising out of dealings
reasonably carried out, or contracts reasonably made, with the club in the
ordinary course of its lawful business.
[10]Section 10 (1)
(k1)
Insert after section 10 (1) (k):
(k1)
The membership of the governing body of the club
must not, on and from such date (or the happening of such event) as may be
prescribed by the regulations, exceed 9
persons.
[11]Section 10 (1)
(n)
Insert after section 10 (1) (m):
(n)
The business conducted on the premises of the
club must not be managed or controlled by any person or body other
than:
(i)
the governing body of the club,
or
(ii)
the secretary of the club, or
(iii)
the manager (within the meaning of the Liquor Act 2007) of the club premises,
or
(iv)
a person acting in a capacity referred to in
section 41 (1) in respect of the club, or
(v)
a person appointed under section 41A in respect
of the club, or
(vi)
a person who is exercising functions relating to
the management of the business or affairs of the club under a management
contract within the meaning of section 41O.
[12]Section 10
(2)
Omit the subsection. Insert instead:
(2)
For the purposes of determining whether a club is
being conducted in good faith as a club, as required by subsection (1) (a),
regard is to be had to the following:
(a)
the nature of the premises of the
club,
(b)
whether the club has been under administration
for an extended period of time (whether as an externally-administered body
corporate, within the meaning of the Corporations Act
2001 of the Commonwealth, or
otherwise),
(c)
whether any arrangements relating to the club
have resulted in another person or body assuming the effective control of the
club and its business,
(d)
such other matters as may be prescribed by the
regulations.
[13]Section 10 (6)
(c)
Omit “, seller’s licence or
adviser’s”. Insert instead “or
adviser’s”.
[14]Section
17AB
Omit the section. Insert instead:
17ABClub
amalgamations
(1)
2 or more registered clubs may amalgamate in
accordance with this Division.
(2)
An amalgamation of 2 or more registered
clubs:
(a)
is effected by:
(i)
the dissolution of each of those clubs and the
formation of a new club that owns or occupies the same premises (or part of
the same premises) of at least one of the dissolved clubs,
and
(ii)
the transfer, under section 60 of the Liquor Act 2007, to the new club of the
club licence or licences held by the dissolved club or clubs in respect of
those premises, or
(b)
is effected by:
(i)
the continuation of one of those clubs and the
dissolution of the other club or clubs, and
(ii)
the transfer, under section 60 of the Liquor Act 2007, of the club licence
held by each of those dissolved clubs to the continuing
club.
Note—
Under section 60 (6) of the Liquor
Act 2007 the club licence held by a dissolved club may be
transferred to the parent (or amalgamated) club only if the Authority is
satisfied that the requirements of this Division have been complied
with.
(3)
This Division (including any regulations made in
relation to club amalgamations) extends, with such modifications as are
necessary, to a proposed amalgamation in which one of the parties involved
comprises those members of an amalgamated club who represent the interests of
a proposed de-amalgamated club (being a club that is to result from a
de-amalgamation under Division 1B). Accordingly, a reference in this Division
(and in any such regulation) to a registered club includes a reference to a
proposed de-amalgamated club and the members of that proposed de-amalgamated
club are taken to be the members of the amalgamated club before the
de-amalgamation.
[15]Section 17AC
Definitions
Omit “this Division” from section
17AC (2).
Insert instead “in this Division and in
Division 1B”.
[16]Section 17AEB Other matters to
be considered in relation to club amalgamations
Omit “(being in each case an approval
supported by a majority of the votes cast at the meeting)” from section
17AEB (d).
[17]Part 2, Division
1B
Insert after Division 1A:
Division 1BProvisions relating to club
de-amalgamations
17AJClub
de-amalgamations
(1)
An amalgamated club may de-amalgamate in
accordance with this Division.
(2)
The de-amalgamation of an amalgamated club is
effected by:
(a)
the formation of a new registered club (referred
to in this Division as the de-amalgamated club),
and
(b)
the transfer to the de-amalgamated club of the
title to (or of the right to occupy) the premises (or any part of the
premises) that were, immediately before the amalgamation with the parent club,
owned or occupied by the dissolved club (referred to in this Division as the
relevant
premises), and
(c)
the transfer to the de-amalgamated club, under
section 60 of the Liquor Act 2007,
of the club licence held by the amalgamated club in respect of the relevant
premises.
Note—
Under section 60 (6) of the Liquor
Act 2007 the club licence held by the amalgamated club for
the relevant premises may be transferred to the de-amalgamated club only if
the Authority is satisfied that the requirements of this Division have been
complied with.
(3)
In this Division:
dissolved
club and parent
club have the same meanings as in Division
1A.
(4)
For the purposes of this Division, the
members of the dissolved club include any person who,
following the amalgamation, has become a member of the amalgamated club but
only in relation to the relevant premises.
17AKNotification of proposed
de-amalgamation and making of submissions
(1)
If an amalgamated club is proposing to
de-amalgamate, the club must, in accordance with the regulations, notify its
members of the proposed de-amalgamation.
(2)
Any person may, subject to and in accordance with
the regulations, make a written submission to the Authority in relation to a
proposed de-amalgamation under this Division.
(3)
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 under section 60 of the Liquor Act 2007 to the de-amalgamated
club of the licence held by the parent club in respect of the relevant
premises.
17ALStatement relating to proposed
de-amalgamation
(1)
If an amalgamated club is proposing to
de-amalgamate, the club must prepare a statement containing the information
required by the regulations in relation to the proposed
de-amalgamation.
(2)
Any such statement must be made available in the
manner required by the regulations.
17AMOther matters to be considered
in relation to club de-amalgamations
Without limiting section 60 of the Liquor Act 2007, the Authority may not
approve the transfer to the de-amalgamated club of the licence held by the
parent club in respect of the relevant premises unless the Authority is
satisfied that:
(a)
the de-amalgamated club will meet the
requirements set out in section 10 (1), and
(b)
the de-amalgamated club will be financially
viable, and
(c)
the proposed de-amalgamation is in the interests
of the members of the parent club and the dissolved club,
and
(d)
the proposed de-amalgamation has been approved in
principle at separate extraordinary general meetings of the ordinary members
of the parent club and the members of the dissolved
club.
17ANMembership of de-amalgamated
club
(1)
Without limiting any other provision of this Act
relating to the membership of registered clubs, the membership of a
de-amalgamated club is, subject to the regulations, taken to include the
members of the dissolved club who have continued to be members of the parent
club up until the time the de-amalgamation takes effect.
(2)
Any such members of the dissolved club are, on
becoming members of the de-amalgamated club, entitled to continue as members
of the parent club.
17AOTransfer of relevant premises
to de-amalgamated club
Despite section 41J (3) (c), the transfer by an
amalgamated club of the relevant premises to the de-amalgamated club may be
effected by means of private treaty.
[18]Section 30 Rules of registered
clubs
Omit “The governing body” from
section 30 (1) (a).
Insert instead “Except as provided by
paragraphs (a1) and (a2), the governing body”.
[19]Section 30 (1) (a1) and
(a2)
Insert after section 30 (1) (a):
(a1)
If the regulations so provide, any election under
paragraph (a) is to be in accordance with Schedule 4.
(a2)
If the regulations so provide, the members of the
club who are entitled to vote at an election of the governing body of the club
are such members (or class of members) of the club as may be specified in the
regulations for the purposes of this paragraph.
[20]Section 30 (1)
(b)
Omit “A person”.
Insert instead “Except as provided by
paragraph (b1), a person”.
[21]Section 30 (1)
(b1)
Insert after section 30 (1) (b):
(b1)
The governing body of the club may include, at
any one time, no more than such number of persons (whether or not full members
of the club) as may be prescribed by the regulations who are appointed, in
accordance with the regulations, by the elected members of the governing body
of the club.
[22]Section 30 (2)
(j1)
Omit the paragraph.
[23]Section 30
(9A)
Insert after section 30 (9):
(9A)
Subsection (9) (a) is subject to any regulations
made under subsection (1) (a2).
[24]Section 30 (13)
(c)
Omit “poker”. Insert instead
“gaming”.
[25]Section
30A
Omit the section. Insert instead:
30AHonorary membership of RSL or
services clubs for serving and ex-service Defence Force
personnel
(1)
The rules of each RSL or services club are taken
to include a rule that any person attending the club premises who produces
evidence that the person is a serving member of the Australian Defence Force
is taken to have been admitted as an honorary member of the club for the day
the person attends the club premises.
(2)
The rules of each RSL or services club are also
taken to include a rule that any person attending the club premises
who:
(a)
is a former member of the Australian Defence
Force, and
(b)
produces evidence that the person is a Service
Member of the RSL and a member of at least one other RSL or services
club,
is taken to have been admitted as an honorary member of
the club for the day the person attends the club
premises.
(3)
Section 30 (2) (c) does not apply in relation to
a person who is taken to be admitted as an honorary member of an RSL or
services club under this section.
(4)
In this section:
Australian Defence Force includes
the armed forces of the Commonwealth, however described.
RSL means the Returned and Services
League of Australia.
RSL or
services club means:
(a)
an RSL, Services, Ex-services, Memorial, Legion
or other similar club that is a registered club, or
(b)
a registered club that has objects similar to, or
that amalgamated with, a club of the kind referred to in paragraph
(a).
[26]Section 31 Manner of keeping
registers relating to members and guests
Omit section 31 (1) (b1).
[27]Section 41J Disposal by club
of real property
Omit “defined” from paragraph (a) of
the definition of core
property in section 41J (1).
[28]Section
41O
Insert after section 41N:
41ORequirements relating to loan
contracts and contracts involving the management of clubs by private
businesses
(1)
In this section:
loan
contract means a contract under which the core property
(within the meaning of section 41J) of a registered club is used as security
for a loan of money to the club, but does not include any such contract with a
bank, authorised deposit-taking institution or person or body (or class of
persons or bodies) prescribed by the regulations.
management contract means a contract
under which a person who is not a member of the governing body of a registered
club, or the secretary or a manager or employee of a registered club,
exercises functions in relation to the management of the business or affairs
of the club.
(2)
A registered club must not enter into any loan
contract or management contract with any person unless the requirements of
this section are complied with.
(3)
At least one month (or such other period as may
be prescribed by the regulations) before a registered club enters into any
proposed loan contract or management contract, the club must notify the
members of the club of the proposed contract by means of a notice:
(a)
displayed on a notice board on the club’s
premises, and
(b)
published on the club’s website (if
any).
(4)
Any such notice is to be in a form approved by
the Director-General.
(5)
At least one month before a registered club
enters into any proposed loan contract or management contract, the club must
provide the Director-General with a report on the proposed
contract.
(6)
Any such report is to be provided in a form
approved by the Director-General and comply with such standards and
requirements as the Director-General determines.
(7)
If the Director-General is of the opinion that
the proposed contract does not comply with the requirements of this Act or is
not in the interests of the club or its members, the Director-General may, by
notice in writing given to the club, direct the club:
(a)
not to enter into the proposed contract,
or
(b)
to amend the proposed contract in accordance with
the Director-General’s direction before entering into the
contract.
(8)
If the Director-General is of the opinion that a
loan contract or management contract entered into by a registered club does
not comply with the requirements of this Act or is not in the interests of the
club or its members, the Director-General may, by notice in writing given to
the club, direct the club:
(a)
to amend the contract, or
(b)
to terminate the
contract,
in accordance with the terms of the
direction.
Note—
A direction by the Director-General under
subsection (7) or (8) is reviewable by the Authority under section 36A of the
Gaming
and Liquor Administration Act 2007.
(9)
The need to protect the interests of the club and
its members is to be the paramount consideration in making any decision for
the purposes of subsection (7) or (8).
(10)
A registered club must comply with a direction
given to it by the Director-General under this section.
(11)
Any costs incurred by the Director-General in
reviewing a report under this section are required to be paid by the
registered club that provided the report unless the Director-General
determines otherwise. Any such costs that are due to be paid may be recovered
by the Director-General in a court of competent
jurisdiction.
[29]Section 41P General
provisions
Insert “(except section 41O)” after
“Division” in section 41P (2).
[30]Section 41S Effect of
termination or amendment of contract
Insert “under section 41O (8) or”
after “is terminated”.
[31]Section 41S
(2)
Insert at the end of the section:
(2)
Subsection (1) extends to a contract that is
amended under section 41O (8), and accordingly a reference in subsection (1)
to the termination of a contract includes a reference to a contract that is so
amended.
[32]Section 41T Offence of giving
effect to terminated contract
Insert “under section 41O (8) or”
after “terminated”.
[33]Part 4A, Division 6 Inquiries
in relation to registered clubs
Omit the Division.
[34]Section 45 Unauthorised
persons using club premises
Omit section 45 (1) (a1). Insert instead:
(a1)
is not an honorary member of the club as referred
to in section 30A, or
[35]Section 73
Regulations
Insert after section 73 (1) (l):
(m)
requiring members of the governing bodies of
registered clubs, secretaries of clubs or persons appointed under the Liquor Act 2007 as managers of club
premises to undergo training courses relating to financial management and
other matters that are relevant to their
functions,
[36]Section 73 (1)
(o)
Omit the paragraph. Insert instead:
(o)
the amalgamation of registered clubs under
Division 1A of Part 2 and the de-amalgamation of amalgamated clubs under
Division 1B of Part 2.
[37]Schedule 2 Savings,
transitional and other provisions
Insert at the end of clause 1A (1):
Clubs, Liquor and
Gaming Machines Legislation Amendment Act 2011, to the
extent that it amends this Act
[38]Schedule 2, Part
21
Insert after Part 20:
Part 21Provisions consequent on
enactment of Clubs, Liquor and Gaming Machines
Legislation Amendment Act 2011
101Definition
In this Part:
amending
Act means the Clubs, Liquor and
Gaming Machines Legislation Amendment Act
2011.
102Pending club
de-amalgamations
(1)
Subject to the regulations and this clause,
Division 1B of Part 2 of this Act (as inserted by the amending Act) does not
apply to or in respect of the de-amalgamation of an amalgamated club if the
de-amalgamation process was commenced before the date of introduction into the
Legislative Assembly of the Bill for the amending Act.
(2)
Section 17AM (as inserted by the amending Act)
extends to the de-amalgamation of an amalgamated club if the de-amalgamation
was initiated, but not completed, before the commencement of that
section.
[39]Schedule 4 Rules for election
to governing body for term of 3 years
Insert at the end of clause 7:
(2)
The triennial rule cannot be revoked by a club if
the rule is taken to apply to the club pursuant to a regulation made for the
purposes of section 30 (1) (a1).
Schedule 2Amendment of Liquor Act 2007 No
90
[1]Sections 1 (note), 4
(definitions of “close associate” and “inspector”),
152 (1) (p) and 157 (1) (note)
Omit “Casino, Liquor and Gaming Control
Authority” wherever occurring.
Insert instead “Gaming and Liquor
Administration”.
[2]Section 4
Definitions
Omit the definition of Authority. Insert instead:
Authority means the Independent
Liquor and Gaming Authority constituted under the Gaming and Liquor
Administration Act 2007.
[3]Section 4, definition of
“Director-General”
Omit “Communities
NSW”.
Insert instead “the Department of Trade and
Investment, Regional Infrastructure and
Services”.
[4]Section 6 Exemptions from
Act
Omit section 6 (1) (i).
[5]Section 6
(1A)
Insert after section 6 (1):
(1A)Exemption for gift services in
certain circumstances
This Act does not apply to or in respect of the
sale or supply of liquor that is part of a sale of flowers or food designed to
be delivered as a gift to a person (other than the purchaser) specified by the
purchaser, but only if the following requirements are complied with:
(a)
the business of the vendor is promoted or
marketed as a genuine gift service,
(b)
the gift is packaged and presented in such a
manner that any person receiving it would assume it to be a genuine
gift,
(c)
the gift is delivered to the person specified by
the purchaser at a place other than the premises at which the business of the
vendor is conducted,
(d)
the person to whom the gift is delivered is an
adult,
(e)
the gift is delivered between 7am and 7pm (except
in the case where unforeseen circumstances have delayed the delivery of the
gift during that period),
(f)
the volume of liquor supplied as part of the gift
does not exceed 2 litres,
(g)
the liquor has been purchased by the vendor on a
retail basis.
[6]Section 15 Hotel
licence—general provisions
Insert “except as provided by section
15A,” before “the primary purpose” in section 15 (1)
(a).
[7]Section
15A
Insert after section 15:
15ACessation of liquor sales
during trading hours
(1)Extended trading
periods
A hotelier may, at any time during the period
that an extended trading authorisation is in force in relation to the licensed
premises:
(a)
cease to sell or supply liquor on the licensed
premises, and
(b)
continue to provide, or make available, other
services and facilities on the licensed premises (such as food and
non-alcoholic beverages, entertainment and the use of the premises for
conferences or meetings and for gambling activities that are otherwise
permitted on the premises).
(2)Authority may approve of
cessation of liquor sales during standard trading period
A hotelier may, at any time during the standard
trading period:
(a)
cease to sell or supply liquor on the licensed
premises, and
(b)
continue to provide, or make available, other
services and facilities on the licensed premises (such as food and
non-alcoholic beverages, entertainment and the use of the premises for
conferences or meetings and for gambling activities that are otherwise
permitted on the premises),
but only with the approval of the
Authority.
(3)
An application for the approval of the Authority
under subsection (2) may be made by the hotelier concerned. Any such
application must be accompanied by the fee prescribed by the
regulations.
(4)
The Authority may give its approval only if it is
satisfied that:
(a)
the operation of gaming machines on the licensed
premises during the period to which the approval relates will not detract
unduly from the character of the hotel, and
(b)
gambling activities on the licensed premises will
be conducted in a responsible manner.
(5)Cessation of liquor sales
during standard trading period without gambling
activities
A hotelier may, at any time during the standard
trading period:
(a)
cease to sell or supply liquor on the licensed
premises, and
(b)
continue to provide, or make available, other
services and facilities on the licensed premises (such as food and
non-alcoholic beverages, entertainment and the use of the premises for
conferences or meetings).
However, it is a condition of the licence that
the licensed premises must not be used for the purposes of any gambling
activities during any such time that liquor is not being sold or supplied
unless an approval is in force under subsection (2) in relation to the
licensed premises.
[8]Section 47H Restrictions on
licence conditions imposed by Director-General
Omit “of Communities NSW” from
section 47H (1).
[9]Section 48 Community
impact
Insert after section 48 (6):
(7)
Without limiting subsection (6), the regulations
may provide that the matters to be addressed by a community impact statement
are, in the case of an application for an extended trading authorisation in
relation to a hotel licence, to include matters relating to gambling
activities on the licensed premises during the period that the authorisation
is proposed to be in force.
[10]Section 53 Authority may
impose, vary or revoke licence conditions
Omit “not inconsistent with this Act to
which a licence is to be subject” from section 53 (1).
Insert instead “on a
licence”.
[11]Section 53
(1A)
Insert after section 53 (1):
(1A)
The conditions that may be imposed by the
Authority on a licence under this section include, but are not limited to,
conditions:
(a)
prohibiting the sale or supply of liquor on the
licensed premises before 10 am or after 11 pm (or both),
and
(b)
restricting the trading hours of, and public
access to, the licensed premises.
[12]Section
54A
Insert after section 54:
54ADirections relating to
“sale on other premises” authorisations
(1)
The Director-General may give a licensee who is
the holder of an authorisation under section 25 (6), or any employee or agent
of such a licensee, a written direction that relates to the operation of the
authorisation.
(2)
Without limitation, any such direction may
prohibit or restrict the sale of liquor under the authorisation during such
times, or on such premises, as may be specified in the
direction.
(3)
A direction under this section:
(a)
takes effect when it is given to the licensee or
person concerned or on a later date specified in the direction,
and
(b)
may be varied or revoked by the Director-General,
and
(c)
has effect despite the authority conferred by the
authorisation concerned.
(4)
A licensee or person who fails to comply with a
direction under this section is guilty of an offence.
Maximum penalty: 50 penalty
units.
[13]Section 60 Transfer of
licence
Omit section 60 (6). Insert instead:
(6)
A club licence may be transferred to another club
only if the Authority is satisfied that the requirements of Division 1A or 1B
of Part 2 of the Registered Clubs Act
1976 and of any regulations made for the purposes of this
section have, to the extent that they apply in relation to the transfer, been
complied with.
Note—
Division 1A of Part 2 of the Registered Clubs Act 1976 relates to
club amalgamations and Division 1B relates to the de-amalgamation of
amalgamated clubs.
[14]Section 66 Appointment of
managers
Omit section 66 (6). Insert instead:
(6)
In this section:
metropolitan area means an area
described by the regulations as a metropolitan area.
[15]Section 76 Self-exclusion of
patrons from licensed premises
Insert after section 76 (7):
(7A)
This section does not limit or otherwise affect
the civil liability of a person for negligence that causes personal injury to
a person or the death of a person.
[16]Section 99 Responsible sale,
supply, service or promotion of liquor
Insert after section 99 (3):
(4)
The regulations under subsection (2) (c) may
create offences punishable by a penalty not exceeding 100 penalty
units.
Note—
The penalty for any other offence created by the
regulations cannot exceed 50 penalty units—see section 159
(3).
[17]Section 147 Maximum penalties
for certain offences
Insert “or the regulations” after
“this Act” in section 147 (1) and (3) (b) wherever
occurring.
[18]Section
149A
Insert after section 149:
149AGeneral defence available to
managers of club premises
(1)
It is a sufficient defence to a prosecution of a
manager of club premises for an offence under this Act or the regulations
(including any offence for which the manager is liable because of section 91
or 149) if it is proved that:
(a)
the manager had taken all reasonable precautions
to avoid commission of the alleged offence, and
(b)
at the time of the alleged offence the manager
did not know, and could not reasonably be expected to have known, that the
alleged offence had been committed.
(2)
However, subsection (1) does not apply in
relation to any of the following offences:
(a)
an offence under section 73 (1) (a) (permitting
intoxication on licensed premises),
(b)
an offence under section 75 (3) (failure to
comply with direction by Director-General),
(c)
any offence under this Act or the regulations in
respect of which a defence is specifically available to the manager of club
premises,
(d)
any other offence under this Act or the
regulations that is prescribed by the regulations for the purposes of this
subsection.
[19]Section 153 Review by
Authority of Director-General’s decisions
Omit the section.
[20]Section 155 Procedure for
dealing with matters under Act to be informal
Omit the section.
[21]Schedule 1 Savings and
transitional provisions
Insert at the end of clause 1 (1):
Clubs, Liquor and
Gaming Machines Legislation Amendment Act 2011, to the
extent that it amends this Act
[22]Schedule
1
Insert at the end of the Schedule with
appropriate Part and clause numbering:
PartProvision consequent on
enactment of Clubs, Liquor and Gaming Machines
Legislation Amendment Act 2011
Conditions imposed by
Authority to reduce trading hours
Any condition imposed by the Authority under
section 53 that would have been validly imposed had section 53 (1A) (as
inserted by the Clubs, Liquor and Gaming Machines
Legislation Amendment Act 2011) been in force when the
condition was imposed is validated.
[23]Schedule 4 Special licence
conditions for declared premises
Omit “Attorney General’s
Department” from clause 9 (3).
Insert instead “Department of Attorney
General and Justice”.
Schedule 3Amendment of Gaming Machines Act 2001 No
127
[1]Long title, sections 4
(definitions of “centralised cash control equipment” and
“gaming machine area”), 7 (a), 9, 20 (7), 21 (5), 32 (5), 34 (1),
37A (1) and (2), 37B (1), (4) and (6), 39–47A, 47C–52, 53 (3), 56
(1)–(3), 57 (1), 58 (1B), 61, 61A, 64 (4) and (8), 66 (1), 67 (4), 70
(1) (b), 71 (3) and (5), 72–76, 76B, 77 (2A)–(2C), 80, 80A, 85 (5)
(a), 106, 122 (1), 123 (b), 126 (1), 127 (1), 129 (3) (b)–(d), 131 (2)
(b) and (c), 132 (2) (c), 133, 133A (1) and (3), 134 (1) and (2), 141
(definitions of “authorised inter-club linked gaming system” and
“participating club”), 142 (2) (b) and (3), 148–153, 158
(1), 158A, 177 (1) (a), 194 (1) (c)–(c2) and (i), 198, 199 (3) (b), 201
(1), 203 (1), 204 (1) (b), 205 (2) (a) and (6) (b), 205B, 209 and
210
Omit “registered” wherever
occurring.
[2]Sections 1 (note), 4
(definitions of “close associate” and “inspector”) and
67 (5)
Omit “Casino, Liquor and Gaming Control
Authority” wherever occurring.
Insert instead “Gaming and Liquor
Administration”.
[3]Sections 3 (1) (e), 4
(definition of “subsidiary equipment”), 8, 10, 19–21, 31C
(2), 32 (4), 37, 37A (2) (b) and (3), 58 (1) (c), 61A, 64 (1) and (3), 66 (3),
69 (2), 83 (1) (a) (i), 84 (1) and (2), 102 (3), 121, 194 (1) (a) and 210 (2)
(z)
Omit “poker” wherever occurring.
Insert instead “gaming”.
[4]Section 3 Objects of
Act
Omit “the Director,” from section 3
(2).
[5]Section 4
Definitions
Omit the definition of Authority. Insert instead:
Authority means the Independent
Liquor and Gaming Authority constituted under the Gaming and Liquor
Administration Act 2007.
[6]Section
4
Omit the definitions of approved
amusement device, approved
gaming machine, approved
poker machine, hardship
gaming machine, Liquor
Act poker machine permit, poker machine and poker
machine entitlement.
Insert instead in alphabetical order:
approved
gaming machine means a gaming machine declared under section
64 to be an approved gaming machine and includes:
(a)
any subsidiary equipment approved by the
Authority for use in connection with the gaming machine,
and
(b)
any component of the gaming machine (other than a
component prescribed by the regulations as not being part of the gaming
machine), and
(c)
any specially approved gaming machine within the
meaning of section 141.
gaming
machine means a device that is designed:
(a)
for the playing of a game of chance or a game
that is partly a game of chance and partly a game requiring skill,
and
(b)
for paying out money or tokens or for registering
a right to an amount of money or money’s worth to be
paid,
and includes any subsidiary equipment.
gaming
machine entitlement (or entitlement) means a gaming machine
entitlement that is held in respect of a hotel licence or club licence under
Part 3.
permit (when used in or in relation
to Part 3) means a permit issued and in force under section 182C of the
Liquor Act 1982 before the repeal of
that section by this Act.
[7]Section 4, definitions of
“club”, “club licence” and “club
premises”
Insert in alphabetical order:
club means a club that holds a club
licence.
club
licence means a club licence granted under the Liquor Act 2007 and club premises (or premises
of a club) means the premises to which any such licence
relates.
[8]Section 4, definitions of
“Director” and
“Director-General”
Omit the definitions. Insert instead:
Director-General means the
Director-General of the Department of Trade and Investment, Regional
Infrastructure and Services.
[9]Section 4, definition of
“metropolitan area”
Omit the definition. Insert instead:
metropolitan area means an area
described by the regulations as a metropolitan area.
[10]Section 4, definition of
“new club”
Omit the definition. Insert instead:
new club
premises means:
(a)
club premises that become licensed for the first
time under the Liquor Act 2007
(otherwise than because of the operation of clause 93 of Schedule 2 to the
Registered Clubs Act 1976),
or
(b)
the premises to which a club licence is removed
under the Liquor Act
2007.
[11]Section 4, definition of
“registered club”
Omit the definition.
[12]Sections 4 (definition of
“subsidiary equipment”), 58 (1) (c), 64 (1) and (3) and
121
Omit “or approved amusement device”
wherever occurring.
[13]Section 4, definition of
“temporary premises”
Omit “registered club”. Insert
instead “club premises”.
[14]Section 8 Gaming machines not
used for purposes of gambling
Omit “or a device that is in the nature of
an approved amusement device” from section 8 (1) and (2) wherever
occurring.
[15]Sections 8, 66 (3), 69 (2) (b)
and (c) and 121 (1) and (4)
Omit “or device” wherever
occurring.
[16]Section 8
(4)
Omit “or a device in the nature of an
approved amusement device”.
[17]Part 3,
heading
Omit “Poker machine entitlements and
hardship gaming machines”.
Insert instead “Gaming machine
entitlements and permits”.
[18]Section
14
Omit the section. Insert instead:
14Restrictions on number of
gaming machine entitlements and permits held
(1)
The number of gaming machine entitlements held
under this Act in respect of hotel and club licences cannot exceed the overall
State cap.
(2)
The number of gaming machine entitlements held in
respect of a club licence cannot exceed the gaming machine threshold for the
club premises.
(3)
The number of gaming machine entitlements and
permits held in respect of a hotel licence cannot exceed the gaming machine
threshold for the hotel.
[19]Part 3, Division 2,
heading
Omit “poker”. Insert instead
“gaming”.
[20]Sections 15, 15AA and
18
Omit the sections.
[21]Section
16
Omit the section. Insert instead:
16Certificate of gaming machine
entitlements
(1)
The number of gaming machine entitlements held in
respect of a hotel licence or club licence from time to time is to be
specified in a certificate issued by the Authority to the hotelier or club
concerned. The certificate may be incorporated in the relevant hotel or club
licence.
(2)
Any such certificate may also specify the gaming
machine threshold for the hotel or club premises
concerned.
[22]Section 19 Transfer of gaming
machine entitlements
Omit section 19 (1). Insert instead:
(1)
A gaming machine entitlement held in respect of a
hotel licence or club licence is transferable.
[23]Sections 19 (3) (c), 20 (6)
and 21 (1), (4) and (5)
Omit “allocated” wherever occurring.
Insert instead “held”.
[24]Section 19
(4)
Omit the subsection.
[25]Section 20 General
requirements relating to transfer of gaming machine
entitlements
Omit section 20 (1), (1A) and (2). Insert
instead:
(1)
Gaming machine entitlements held in respect of a
hotel licence may only be transferred to another hotel
licence.
(2)
Gaming machine entitlements held in respect of a
club licence may only be transferred to another club
licence.
(2A)
If a hotel licence or a club licence is removed
under the Liquor Act 2007 to
other premises, any gaming machine entitlements held in respect of the
premises from which the licence is removed may only be transferred to the
premises to which the licence is removed if they are transferred in accordance
with this Division.
[26]Section 20
(4)
Omit “have been allocated”. Insert
instead “are held”.
[27]Section 20
(4)
Omit “set of club premises”. Insert
instead “club licence”.
[28]Section 20
(5)
Omit “allocated in respect of a hotel
licence that is held in relation”.
Insert instead “held in respect of a hotel
licence that relates”.
[29]Section 21 Other provisions
relating to transfer of gaming machine entitlements
Omit “is held in relation” from
section 21 (1). Insert instead “relates”.
[30]Section 21
(1A)
Insert after section 21 (1):
(1A)
If, in the case of the removal of a hotel licence
or club licence under the Liquor Act
2007:
(a)
any gaming machine entitlements held in respect
of the premises from which the licence is removed are transferred to other
premises, and
(b)
those other premises are situated in the same
local government area as the previous premises,
the forfeiture to the Authority of one gaming machine
entitlement per transfer block is not required.
[31]Section 21 (2) and
(3)
Omit section 21 (2). Insert instead:
(2)
If, in the case of a club that holds more than
one club licence, gaming machine entitlements held in respect of one of those
licences are transferred to another one of the club’s licences, the
forfeiture to the Authority of one entitlement per transfer block is not
required.
Note—
Section 19 (2) of the Liquor
Act 2007 provides that each set of premises owned or
occupied by a club must be separately licensed under that
Act.
(3)
If:
(a)
an amalgamated club (within the meaning of the
Registered Clubs Act 1976)
de-amalgamates in accordance with Division 1B of Part 2 of that Act,
and
(b)
any gaming machine entitlements held in respect
of the club licence for the relevant premises (as referred to in that
Division) are, in connection with the de-amalgamation, transferred to the club
licence held by the de-amalgamated club for those
premises,
the forfeiture to the Authority of one entitlement per
transfer block is not required.
[32]Section 21
(4)
Omit “the premises of a registered
club” wherever occurring.
Insert instead “a club
licence”.
[33]Section 21
(5)
Omit “of the premises of the
club”.
Insert instead “club licence held by the
club”.
[34]Section 21
(6)
Omit the subsection.
[35]Section 22 Exchange of AADs
for poker machine entitlements
Omit the section.
[36]Sections 23 and
24
Omit the sections. Insert instead:
23Transfer of gaming machine
entitlements when hotel or club licence surrendered or
cancelled
(1)
If a hotel licence or club licence is surrendered
or cancelled any gaming machine entitlements held in respect of the licence
concerned may, in accordance with this Division, be
transferred.
(2)
If any such gaming machine entitlements have not
been transferred at the end of the period of 12 months immediately following
the surrender or cancellation of the hotel or club licence concerned, the
remaining entitlements are forfeited to the Authority.
(3)
However, a remaining entitlement may be retained
for a further period of up to 12 months if a levy is paid to the Authority to
retain the entitlement for that period. The levy is $500 for each of the
remaining entitlements intended to be retained.
(4)
The Authority may, in the case of a club, allow a
gaming machine entitlement to be retained for the further period without
requiring the payment of the levy under subsection (3) if the Authority is
satisfied that the delay in transferring the remaining entitlements is due to
circumstances beyond the control of the proposed transferor of the
entitlements.
(5)
If the remaining gaming machine entitlements have
not been transferred by the end of the further 12-month period under
subsection (3) the entitlements are forfeited to the
Authority.
(6)
Any levy paid under this section is to be paid
into the Community Development Fund.
[37]Section 24A Transfer of poker
machine entitlements when club permanently ceases to
trade
Omit the section.
[38]Sections 25 and
25A
Omit the sections.
[39]Part 3, Division
3
Omit the Division. Insert instead:
Division 3Transfer of
permits
26Transfer of permits
generally
(1)
A permit that is held in respect of a hotel
licence may be transferred to another hotel licence but only in accordance
with such arrangements as are approved by the
Director-General.
(2)
Any such arrangements may, without limitation,
provide for the charging of fees in connection with an application for the
approval of the transfer of permits.
27Hotel’s gaming machine
threshold to be decreased when permits transferred to another
hotel
If any permits held in respect of a hotel licence
are transferred to another hotel licence in accordance with the arrangements
referred to in section 26, the Authority is to decrease, by the number of
permits transferred, the gaming machine threshold for the hotel from which the
permits are transferred.
28Transfer of permits when hotel
licence surrendered or cancelled
(1)
If a hotel licence is surrendered or cancelled,
any permits held in respect of the licence may, in accordance with such
arrangements as are approved by the Director-General, be transferred to
another hotel licence.
(2)
If, at the end of the period of 12 months
immediately following the surrender or cancellation of the hotel licence, any
such permits have not been transferred, the remaining permits are forfeited to
the Authority.
(3)
However, any such remaining permit may be
retained for a further period of up to 12 months if a levy is paid to the
Authority to retain the permit for that period. The levy is $500 for each of
the remaining permits intended to be retained.
(4)
If the remaining permits have not been
transferred by the end of the further 12-month period under subsection (3),
the permits are forfeited to the Authority.
(5)
Any levy paid under this section is to be paid
into the Community Development Fund.
[40]Section 31A Forfeiture of
other entitlements in certain circumstances
Omit the section.
[41]Section 31B Transfer of Liquor
Act poker machine permits when hotel licence surrendered or
cancelled
Omit the section.
[42]Section 31C Consequences of
moving to temporary premises
Omit section 31C (1). Insert instead:
(1)
If the business under a hotel licence or a club
licence is carried on at temporary premises, any gaming machine entitlements
held in respect of the licence concerned may, in accordance with Division 2 of
this Part, be transferred to the temporary premises without the forfeiture of
any of the entitlements to the Authority.
[43]Section 31C
(3)
Omit the subsection.
[44]Section 32 Gaming machine
thresholds for venues
Omit “premises of a registered club”
from section 32 (1).
Insert instead “club
premises”.
[45]Section 32
(4)
Omit “the premises of a new club”.
Insert instead “new club premises”.
[46]Section 32
(6)
Insert after section 32 (5):
(6)
For the purposes of this Division and any
regulations made under this Division, a hotel or club premises cease to be a
new hotel or new club premises (as the case requires) once the gaming machine
threshold for the hotel or club premises is increased.
Note—
If the licence for the venue is subsequently
removed under the Liquor Act 2007 to
another venue, the other venue would be considered a new hotel or new club
premises (as the case requires).
[47]Section 35 Requirements
relating to threshold increase applications
Omit section 35 (2). Insert instead:
(2)When LIA is not
required
A threshold increase application is not required
to be accompanied by a LIA if the application is made together with a transfer
application and either or both of the following apply:
(a)
the relevant venue is situated in a Band 1 LGA
and the threshold increase application, if approved, would not result in the
gaming machine threshold for the venue being increased, over any period of 12
months, by a number that is more than the number corresponding to a low-range
increase for the venue,
(b)
the relevant venue and the hotel or the club
premises from which the gaming machine entitlements or permits are proposed to
be transferred by the transfer application are situated in the same local
government area.
(2A)
For the purposes of subsection (2), a transfer
application means either or both of the following:
(a)
an application under section 19 for the
Authority’s approval of the transfer of gaming machine entitlements to
the relevant venue,
(b)
an application under and in accordance with the
arrangements referred to in section 26 for the acquisition by the relevant
venue of permits.
[48]Section 36 Approval of LIA by
Authority
Omit “comprises the premises of a new club
or is a new hotel” from section 36 (3) (c) (ii) and (d) (ii) wherever
occurring.
Insert instead “is a new hotel or comprises
new club premises”.
[49]Section 36 (3) (c) (ii) and
(d) (ii)
Insert “public” after “place
of” wherever occurring.
[50]Section 37 Provisions relating
to increased gaming machine thresholds when LIA approved
Insert after section 37 (4):
(5)
A reference in this section to gaming machine
entitlements includes, if the relevant venue is a hotel, a reference to
permits.
[51]Section
37C
Insert after section 37B:
37CSpecial provision relating to
de-amalgamated clubs
(1)
A threshold increase application by a
de-amalgamated club in respect of the premises that are transferred to it
under the de-amalgamation (the relevant
premises) is not required to be accompanied by a LIA if the
relevant premises:
(a)
are situated in the same local government area as
the premises of the amalgamated club from which gaming machine entitlements
are proposed to be transferred to the relevant premises,
or
(b)
are situated in a Band 1 LGA and the threshold
increase application, if approved, would not result in the gaming machine
threshold for the premises being increased, over any period of 12 months, by a
number that is more than the number corresponding to a low-range increase for
the premises, or
(c)
are situated in a Band 1 or Band 2 LGA and the
threshold increase application, if approved, would not result in the gaming
machine threshold for the relevant premises exceeding the gaming machine
threshold for the premises of the dissolved club immediately before it
amalgamated with the parent club concerned.
(2)
If a LIA is required to be provided with any such
threshold increase application because paragraphs (a)–(c) of subsection
(1) do not apply in relation to the relevant premises, a class 1 LIA is
required to be provided with the threshold increase application
concerned.
(3)
Subsections (1) and (2) have effect despite any
other provision of this Division but apply only if the threshold increase
application by the de-amalgamated club is made:
(a)
in connection with the de-amalgamation,
and
(b)
together with an application under section 19 for
the Authority’s approval of the transfer of gaming machine entitlements
to the relevant premises from the premises of the amalgamated
club.
(4)
A word or expression used in this section that
has a meaning under the Registered Clubs Act
1976 has the same meaning given to it under that
Act.
[52]Sections 44A (1), 77 (2B) (a),
94, 95 (1), 96, 113, 125, 128, 129 (1) (a) and (3) (k), 131 (2) (i), 133A (2)
(b) and 194 (1) (g)
Omit “Director” wherever occurring.
Insert instead “Director-General”.
[53]Section 44A Location of gaming
machines in venues
Omit the note to section 44A (1). Insert
instead:
Note—
Any such decision is reviewable by the Authority
under section 36A of the Gaming and Liquor Administration Act
2007.
[54]Section 46 Provision of
problem gambling counselling services
Insert “premises” after “hotel
or club” in section 46 (1).
[55]Section 47 Responsible conduct
in relation to gaming machines
Omit section 47 (3). Insert instead:
(3)
The regulations under this section (other than
subsection (2) (c)) may create offences punishable by a penalty not exceeding
50 penalty units.
Note—
The penalty for any other offence created by the
regulations (including regulations under subsection (2) (c)) cannot exceed 100
penalty units—see section 210 (3).
[56]Sections 48 (5) and 204A
(1)
Omit “the Arts, Sport and Recreation”
wherever occurring.
Insert instead “Trade and Investment,
Regional Infrastructure and Services”.
[57]Section 49 Self-exclusion of
patrons from hotels and clubs
Insert “a” after “in the case
of” in paragraph (a) of the definition of responsible person in section 49
(1).
[58]Section 49
(6)
Insert after section 49 (5):
(6)
This section does not limit or otherwise affect
the civil liability of a person for negligence that causes personal injury to
a person or the death of a person.
[59]Section 56 Requirement for
authorisation to keep or dispose of gaming machines
Omit section 56 (4). Insert instead:
(4)
The total number of approved gaming machines that
the Authority may authorise to be kept in a hotel from time to time consists
of the following:
(a)
the number of approved gaming machines that
corresponds to the number of gaming machine entitlements held in respect of
the hotel licence,
(b)
the number of approved gaming machines that
corresponds to the number of permits (as referred to in Part 3) held in
respect of the hotel licence.
[60]Section 56
(5)
Omit the subsection. Insert instead:
(5)
The total number of approved gaming machines that
the Authority may authorise to be kept on any club premises from time to time
is the number of approved gaming machines that corresponds to the number of
gaming machine entitlements held in respect of the club
licence.
[61]Section 58 Suspension or
cancellation of authorisations
Insert after section 58 (1B):
(1C)
Section 56 (1) does not prohibit the keeping of
an approved gaming machine during any period that the authorisation to keep
the gaming machine is suspended so long as the gaming machine is not operated
at any time during that period of suspension.
[62]Section 58
(3)
Omit the subsection. Insert instead:
(3)
If, under the Liquor Act
2007, a club licence is removed to other premises (whether
or not those other premises are outside the neighbourhood of the previous
premises), the removal of the club licence has the effect of cancelling the
club’s authorisation to keep any approved gaming machine on the previous
premises.
[63]Section 59A Restrictions on
authorisation to keep approved amusement devices
Omit the section.
[64]Section 61A Limit on number of
MTGMs in clubs
Omit “allocated for those premises”
from section 61A (1) and (3) wherever occurring.
Insert instead “held in respect of the club
licence concerned”.
[65]Section 61A
(3)
Omit “so allocated”. Insert instead
“so held”.
[66]Section 62 Authority may
approve technical standards
Omit section 62 (1). Insert instead:
(1)
The Authority may, from time to time, approve of
technical standards in relation to gaming machines for the purposes of
ensuring the integrity of gaming by the use of gaming
machines.
[67]Section 63 Application for
declaration of device as approved gaming machine
Omit section 63 (1). Insert instead:
(1)
The holder of a dealer’s licence may apply
to the Authority for the declaration of a device as an approved gaming
machine.
[68]Section 66 Non-approved gaming
machines may be kept on trial basis
Omit section 66 (1) and (2). Insert
instead:
(1)
A hotelier or club may, with the approval of the
Authority and subject to compliance with any conditions imposed by the
Authority, keep on a trial basis for a period fixed by the Authority a gaming
machine that is not an approved gaming machine.
[69]Section 69 Possession etc of
gaming machines that are not approved
Omit section 69 (1). Insert instead:
(1)
A person (including a hotelier or club) must not
possess, supply, sell or install a gaming machine unless it is an approved
gaming machine.
Maximum penalty: 100 penalty units or
imprisonment for 12 months, or both.
[70]Section 69
(2)
Omit “or device that is in the nature of an
approved amusement device”.
[71]Section 69A Sale etc of
unapproved gaming machine components
Omit section 69A (1). Insert instead:
(1)
In this section:
component means any component of a
gaming machine.
relevant
device, in relation to a component, means the gaming machine
to which the component has been, or is intended to be,
added.
[72]Section 83 Types of
gaming-related licences and authority they confer
Omit “and devices in the nature of approved
amusement devices” from section 83 (1) (a) (i).
[73]Section 83 (1)
(e)
Omit “poker machines or devices that are in
the nature of approved amusement devices”.
Insert instead “gaming
machines”.
[74]Section 83 (1)
(e)
Omit “the poker machines or devices”.
Insert instead “the gaming machines”.
[75]Section 84 Manufacturing or
assembling of gaming machines
Omit “or a device that is in the nature of
an approved amusement device” from section 84
(1).
[76]Section 84
(2)
Omit “or device that is in the nature of an
approved amusement device”.
[77]Section 84
(3)
Omit the subsection. Insert instead:
(3)
Subsection (2) does not apply to the manufacture
or assembly of a gaming machine by the holder of a dealer’s licence
if:
(a)
the Authority has agreed to the making of an
application by the licensee to have the gaming machine declared as an approved
gaming machine, and
(b)
the manufacture or assembly of the gaming machine
is for the purposes of the application and its
investigation.
[78]Section 102 Granting of
testing facility licence
Omit “poker machines and devices in the
nature of approved amusement devices” from section 102 (1)
(b).
Insert instead “gaming
machines”.
[79]Section 194 Evidentiary
provisions
Omit section 194 (1) (b).
[80]Section 194 (1)
(h)
Omit the paragraph.
[81]Section 196 Prosecution of
unincorporated clubs
Omit the section.
[82]Section 205 Additional
functions of Authority
Omit section 205 (1) (a).
[83]Section 205 (1)
(e)
Omit “poker machines
or”.
[84]Section 208
Delegations
Omit “, the Director” from the
definition of office
holder in section 208 (3).
[85]Section 210 (2)
(z)
Omit
“allocation,”.
[86]Section 210 (2)
(z1)
Insert after section 210 (2) (z):
(z1)
requiring the payment of specified fees in
relation to applications made, approvals and certificates given, and other
matters arising, under this Act.
[87]Schedule 1 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Clubs, Liquor and
Gaming Machines Legislation Amendment Act 2011, to the
extent that it amends this Act
[88]Schedule 1, clause
5
Omit the clause. Insert instead:
5Saving of permits issued under
section 182C of former Liquor Act
The repeal of section 182C of the Liquor Act 1982 by this Act does not
affect the acquisition of any permit issued under that section before its
repeal.
[89]Schedule 1, clause
45
Insert after clause 45 (4):
(4A)
For the purposes of facilitating the operation of
any SIA as referred to in subclause (2), permits may, in the case of a hotel
to which any such SIA applies, be acquired by the hotelier, in addition to the
acquisition of gaming machine entitlements, to fill any quota set by the
regulations (as in force immediately before the relevant date) in relation to
the SIA.
[90]Schedule 1, Part
13
Insert after Part 12:
Part 13Provisions consequent on
enactment of Clubs, Liquor and Gaming Machines
Legislation Amendment Act 2011
49Definitions
In this Part:
amending
Act means the Clubs, Liquor and
Gaming Machines Legislation Amendment Act
2011.
permit means a permit issued and in
force under section 182C of the Liquor Act
1982 before its repeal.
50Effect of previous permit
transfers on transferring hotel’s gaming machine
threshold
(1)
Subject to the regulations, if the gaming machine
threshold or the SIA threshold (within the meaning of clause 45 of this
Schedule) for a hotel was not, before the commencement of this clause,
decreased as a result of the transfer of permit from the hotel in accordance
with the relevant arrangements, the Authority is, on the first anniversary of
that commencement, to decrease the gaming machine threshold for the hotel by a
number that is equal to so much of the unused portion of the hotel’s
gaming machine threshold or SIA threshold as was not decreased as the result
of the transfer.
(2)
In this clause:
relevant
arrangements means the arrangements applying under clause 5
of this Schedule immediately before the substitution of that clause by the
amending Act.
unused
portion of a gaming machine threshold or SIA threshold means
any portion of the threshold concerned for which a gaming machine entitlement
or permit has not been acquired.
51Calculation of hotel gaming
machine threshold—exclusion of excess permits
(1)
For the purposes of section 14 (3) (as inserted
by the amending Act), the gaming machine threshold for a hotel does not
include the number of any excess permits held in respect of the hotel licence
immediately before the date of commencement of this clause. An excess
permit is a permit that, when added to the total number of
gaming machine entitlements held in respect of the licence as at that date,
would amount to a number that is greater than the gaming machine threshold for
the hotel as at that date.
(2)
For the avoidance of doubt, any such excess
permit may be transferred in accordance with the arrangements approved under
section 26 (as substituted by the amending Act).
(3)
This clause does not affect the operation of
clause 50.
52Hardship gaming machine
approvals
(1)
The approval under Division 3 of Part 3 of this
Act (as in force immediately before its repeal by the amending Act) of the
keeping of a hardship gaming machine expires on the tenth anniversary of the
date of the approval.
(2)
Despite their repeal by the amending Act,
sections 31 and 56 (4) (c) and (5) (b) continue to apply to or in respect of a
hardship gaming machine until such time:
(a)
as the approval of the keeping of the gaming
machine expires in accordance with this clause, or
(b)
as the approval of the keeping of the gaming
machine is forfeited in accordance with section 31 as so
continued,
whichever occurs first.
(3)
For the purposes of subclause (2), a reference in
section 31 (as continued by that subclause) to a poker machine entitlement is
taken to be a reference to a gaming machine entitlement.
53Effect of surrender or
disposal of AADs
(1)
Subject to the regulations, if the AAD threshold
or gaming machine threshold for a hotel or club premises (the
venue) was not, before the commencement of this clause,
decreased:
(a)
as a result of the surrender under section 22 (as
in force before its repeal by the amending Act) of an authorisation under Part
5 of this Act to keep approved amusement devices in the venue,
or
(b)
following the authorisation under Part 5 of this
Act for the disposal of approved amusement devices kept in the
venue,
the Authority is, on the first anniversary of that
commencement, to decrease the gaming machine threshold for the venue by a
number that is equal to so much of the unused portion of the venue’s AAD
threshold or gaming machine threshold as was not decreased as the result of
the surrender or disposal.
(2)
In this clause:
AAD
threshold for a venue means the AAD threshold (as defined
under section 4 of this Act immediately before the repeal of that definition
by the Gaming Machines Amendment Act
2008) for the venue.
unused
portion of an AAD threshold or gaming machine threshold
means any portion of the threshold concerned for which a gaming machine
entitlement or, in the case of a hotel, a permit has not been
acquired.
54Acquisition of permits to fill
existing SIA quotas
Anything done under clause 45 (4A) (as inserted
by the amending Act) that would have been validly done had that subclause been
in force when it was done is validated.
Schedule 4Amendment of Casino, Liquor and Gaming Control Authority Act
2007 No 91
[1]Long
title
Omit “Casino, Liquor and Gaming
Control”.
Insert instead “Independent Liquor and
Gaming”.
[2]Section 1 Name of
Act
Omit “Casino, Liquor and Gaming Control
Authority”.
Insert instead “Gaming and Liquor
Administration”.
[3]Section 3
Definitions
Omit the definition of Authority from section 3 (1). Insert
instead:
Authority means the Independent
Liquor and Gaming Authority constituted under this
Act.
[4]Section 3, definition of
“Chief Executive”
Omit “Casino, Liquor and Gaming
Control”.
Insert instead “Independent Liquor and
Gaming”.
[5]Section 3, definition of
“Director-General”
Omit “Communities
NSW”.
Insert instead “the Department of Trade and
Investment, Regional Infrastructure and
Services”.
[6]Sections 3 (definition of
“inspector” and paragraph (d) of the definition of “key
official”), 16 (4) (paragraph (a) of the definition of
“appropriate authority”), 20 and 38
Omit “relevant Division Head”
wherever occurring.
Insert instead
“Director-General”.
[7]Section 3, paragraph (b) of
the definition of “key official”
Omit the paragraph.
[8]Section 3, definition of
“relevant Division Head”
Omit the definition.
[9]Section 6 Constitution of
Authority
Omit “Casino, Liquor and Gaming
Control” from section 6 (1).
Insert instead “Independent Liquor and
Gaming”.
[10]Section 9 General functions of
Authority
Omit “(by secondment or otherwise)”
from section 9 (3) (b).
[11]Section 17
Secrecy
Omit section 17 (2) (a). Insert instead:
(a)
to a particular person or body (or to a
particular class of persons or bodies) if the Authority or the
Director-General certifies that it is necessary in the public interest that
the information be divulged to the person or body or class of persons or
bodies, or
[12]Section 20 Appointment and
identification of inspectors
Omit “the Division Head” from section
20 (3).
Insert instead “the
Director-General”.
[13]Section 36 False or misleading
statements
Omit “, the Director-General or the
relevant Division Head” from the definition of official document in section 36
(2).
Insert instead “or the
Director-General”.
[14]Sections 36A and
36B
Insert after section 36:
36AReview by Authority of certain
decisions by Director-General under gaming and liquor
legislation
(1)
In this section:
reviewable decision means:
(a)
any of the following decisions of the
Director-General under the Liquor Act
2007:
(i)
a decision under section 54 to impose a condition
on a licence or to vary or revoke any such condition,
(ii)
a decision under section 54A to give a direction
relating to the operation of a “sale on other premises”
authorisation,
(iii)
a decision under section 75 to give a direction
relating to licensed premises,
(iv)
a decision under section 81 in relation to a
disturbance complaint,
(v)
a decision under section 87 to make a late hour
entry declaration,
(vi)
a decision under section 90 to vary or revoke a
late hour entry declaration,
(vii)
a decision under section 101 to restrict or
prohibit the sale or supply of undesirable liquor
products,
(viii)
a decision under section 102 to restrict or
prohibit the undesirable promotion of liquor,
(ix)
a decision under section 136 to give a direction
to contribute to the costs of promoting or giving effect to a local liquor
accord,
(x)
a decision under section 136F to give a direction
to contribute to the costs associated with the operation of a precinct liquor
accord, or
(b)
a decision of the Director-General to give a
direction under section 44A (Location of gaming machines in venues) of the
Gaming Machines Act 2001,
or
(c)
a decision of the Director-General to give a
direction under section 41O (Requirements relating to loan and management
contracts) of the Registered Clubs Act
1976.
(2)
Any person who is aggrieved by a reviewable
decision may, in accordance with the regulations and on payment of such fee as
may be prescribed by the regulations, apply in writing to the Authority for a
review of the decision.
(3)
An application for such a review does not operate
to stay the reviewable decision of the Director-General unless the Authority
otherwise directs.
(4)
In determining an application for review under
this section, the Authority may:
(a)
confirm the decision the subject of the
application, or
(b)
vary the decision, or
(c)
revoke the decision.
(5)
However, in the case of a review of a decision of
the Director-General under section 136F of the Liquor Act
2007, the Authority may vary or revoke the
Director-General’s decision only if the Authority is satisfied that the
amount of the contribution directed to be paid was not determined in
accordance with the terms of the relevant precinct liquor accord (within the
meaning of that Act).
(6)
The Director-General is to give effect to any
decision of the Authority under this section to vary or revoke the decision
the subject of the application for review.
(7)
The Authority may not make any decision in
relation to an application for review under this section unless a member of
the Authority who is or has been a Judge, or 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 decision of the Authority is
made.
36BProcedure for dealing with
matters under gaming and liquor legislation to be
informal
(1)
A formal hearing involving the legal
representation of parties is not required to be held in relation to any
application or other matter (including the taking of any disciplinary action)
that may be dealt with or decided by the Authority or the Director-General
under the gaming and liquor legislation.
(2)
However, subsection (1) does not prevent the
Authority or the Director-General, in such cases as the Authority or the
Director-General considers appropriate:
(a)
from conducting an interview or convening a
conference or meeting, or
(b)
from receiving
submissions,
in relation to any application or other matter that may
be dealt with or decided by the Authority or the Director-General under the
gaming and liquor legislation.
(3)
Any such conference or meeting is to be presided
over by the Authority or the Director-General, as the case requires, and the
procedure at the conference or meeting is to be determined by the Authority or
the Director-General, as the case requires.
(4)
This section is subject to any other provision of
the gaming and liquor legislation.
[15]Section 38 Delegation by
Director-General
Omit “Division Head’s”. Insert
instead “Director-General’s”.
[16]Section
38A
Insert after section 38:
38AFees for services provided
under the gaming and liquor legislation
(1)
A fee may be charged for services provided, on
request, by a member of staff in connection with the administration of the
gaming and liquor legislation. Any such fee cannot exceed the amount
determined by the Director-General as a reasonable fee for the service
provided.
(2)
This section does not apply in relation to any
service for which a fee or charge is prescribed by the regulations under the
gaming and liquor legislation.
[17]Section 39 Annual
report
Omit “Department of the Arts, Sport and
Recreation”.
Insert instead “Department of Trade and
Investment, Regional Infrastructure and
Services”.
[18]Schedule 2 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Clubs, Liquor and
Gaming Machines Legislation Amendment Act 2011, to the
extent that it amends this Act
Schedule 5Consequential amendments to
other Acts
5.1Casino
Control Act 1992 No 15
[1]Sections 1 (note), 3
(definitions of “close associate”, “inspector”,
“key official” and “member of staff”) and 149
(5)
Omit “Casino, Liquor and Gaming Control
Authority” wherever occurring.
Insert instead “Gaming and Liquor
Administration”.
[2]Section 3
Definitions
Omit the definition of Authority. Insert instead:
Authority means the Independent
Liquor and Gaming Authority constituted under the Gaming and Liquor
Administration Act 2007.
5.2Duties
Act 1997 No 123
[1]Sections 11 (1) (h1), 36, 37
and 65 (7) (a) (ii) and note to section 65
Omit “poker” wherever occurring.
Insert instead “gaming”.
[2]Section 65 Exemptions from
duty
Omit section 65 (7) (a) (i). Insert
instead:
(i)
a permit under Division 3 of Part 3 of the
Gaming Machines Act 2001,
or
5.3Fines
Act 1996 No 99
Schedule 1 Statutory
provisions under which penalty notices issued
Omit the matter relating to the Casino, Liquor and Gaming Control Authority Act
2007.
Insert instead in alphabetical order:
Gaming and Liquor Administration Act
2007, section 46
5.4Gaming
Machine Tax Act 2001 No 72
Section 3
Definitions
Omit the definition of Authority. Insert instead:
Authority means the Independent
Liquor and Gaming Authority constituted under the Gaming and Liquor
Administration Act 2007.
5.5Government Information (Public Access) Act 2009
No 52
Schedule 1 Information for
which there is conclusive presumption of overriding public interest against
disclosure
Omit the matter relating to the Casino, Liquor and Gaming Control Authority Act
2007 from clause 1.
Insert instead in alphabetical order:
Gaming and Liquor Administration Act
2007—section 17 (Secrecy)
5.6Law
Enforcement (Powers and Responsibilities) Act 2002 No
103
Schedule 2 Search warrants
under other Acts
Omit the matter relating to the Casino, Liquor and Gaming Control Authority Act
2007.
Insert instead in alphabetical order:
Gaming and Liquor Administration Act
2007, section 27
5.7Parliamentary Precincts Act 1997 No
66
Section 27A Memorandum of
understanding with Director-General of Department of Trade and Investment,
Regional Infrastructure and Services
Omit section 27A (1). Insert instead:
(1)
The Presiding Officers may enter into a
memorandum of understanding with the Director-General of the Department of
Trade and Investment, Regional Infrastructure and Services regarding the
exercise in the Parliamentary precincts of functions by inspectors (within the
meaning of the Gaming and Liquor Administration Act
2007) in relation to any licence under the Liquor Act 2007 that authorises the sale
of liquor in the Parliamentary precincts.
5.8Police
Integrity Commission Act 1996 No 28
Section 61 Secrecy provisions
in other Acts
Omit section 61 (1) (a). Insert instead:
(a)
section 17 of the Gaming and Liquor Administration Act
2007,
5.9Public
Finance and Audit Act 1983 No 152
Schedule 2 Statutory
bodies
Omit “Casino, Liquor and Gaming Control
Authority”.
Insert instead in alphabetical order:
Independent Liquor and Gaming
Authority
5.10Royal
Commission (Police Service) Act 1994 No
60
Section 32 Secrecy provisions
in other Acts
Omit “Casino, Liquor and Gaming Control
Authority” from section 32 (1).
Insert instead “Gaming and Liquor
Administration”.
5.11Statutory and Other Offices Remuneration Act
1975 (1976 No 4)
Schedule 3 Public
offices
Omit “Casino, Liquor and Gaming
Control” from Part 2.
Insert instead “Independent Liquor and
Gaming”.
5.12Unlawful Gambling Act 1998 No
113
[1]Section 7 Lawful forms of
gambling
Omit “Casino, Liquor and Gaming
Control” from section 7 (g) (ii).
Insert instead “Independent Liquor and
Gaming”.
[2]Section 7
(h)
Omit the paragraph. Insert instead:
(h)
the possession, keeping, use or operation of a
gaming machine within the meaning of the Gaming Machines
Act 2001 in the circumstances referred to in section 8 of
that Act.
Schedule 6Repeal of Registered Clubs Amendment Act 2006 No
103
The Registered Clubs
Amendment Act 2006 is repealed.
Historical
notes
Table of amending
instruments
Clubs, Liquor and
Gaming Machines Legislation Amendment Act 2011 No 72.
Assented to 28.11.2011. Date of commencement, except Sch 1 [3]–[13]
[18]–[23] [25]–[27] [33]–[35] [37] and [39], Sch 2
[3]–[5] [8]–[12] [15]–[18] and [21]–[23], Sch 3 [4]
[8] [37] [49] [50] [52] [55]–[58] [84] [86] [87] [89] and [90] (to the
extent that it inserts the Part heading and cll 49, 53 and 54 in Sch 1 to the
Gaming Machines Act 2001), Sch 4
[5]–[8] [10]–[13] and [15]–[18] and Sch 6: not in force;
date of commencement of Sch 1 [3]–[13] [18]–[23] [25]–[27]
[33]–[35] [37] and [39], Sch 2 [3]–[5] [8]–[12]
[15]–[18] and [21]–[23], Sch 3 [4] [8] [37] [49] [50] [52]
[55]–[58] [84] [86] [87] [89] and [90] (to the extent that it inserts
the Part heading and cll 49, 53 and 54 in Sch 1 to the Gaming
Machines Act 2001), Sch 4 [5]–[8] [10]–[13]
and [15]–[18] and Sch 6, assent, sec 2 (2).