Liquor Act 1982 No 147



An Act to regulate the sale and supply of liquor, to regulate the use of premises on which liquor is sold and for certain other purposes.
long title: Am 1984 No 57, Sch 1 (1).
Part 1 Preliminary
1   Name of Act
This Act may be cited as the Liquor Act 1982.
s 1: Am 1986 No 16, Sch 23.
2   Commencement
(1)  Sections 1 and 2 shall commence on the date of assent to this Act.
(2)  Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
2A   Liquor harm minimisation is a primary object of this Act
A primary object of this Act is liquor harm minimisation, that is, the minimisation of harm associated with misuse and abuse of liquor (such as harm arising from violence and other anti-social behaviour). The court, the Board, the Director, the Commissioner of Police and all other persons having functions under this Act are required to have due regard to the need for liquor harm minimisation when exercising functions under this Act. In particular, due regard is to be had to the need for liquor harm minimisation when considering for the purposes of this Act what is or is not in the public interest.
s 2A: Ins 1996 No 41, Sch 1 [1]. Am 1999 No 49, Sch 2 [1].
2B   Gambling harm minimisation and responsible conduct of gambling activities are primary objects of the Act
(1)  Other primary objects of this Act are:
(a)  gambling harm minimisation, that is, the minimisation of harm associated with the misuse and abuse of gambling activities, and
(b)  the fostering of responsible conduct of gambling activities.
(2)  The court, the Board, the Director, the Commissioner of Police and all other persons having functions under this Act are required to have due regard to the need for gambling harm minimisation and to foster the responsible conduct of gambling activities when exercising functions under this Act. In particular, due regard is to be had to the need for gambling harm minimisation when considering for the purposes of this Act what is or is not in the public interest.
s 2B: Ins 1999 No 49, Sch 2 [2].
3   Savings and transitional provisions
Schedule 1 has effect.
s 3: Am 1984 No 57, Sch 1 (2). Rep 1984 No 139, Sch 3 (1). Ins 1993 No 28, Sch 4 (1).
4   Definitions
(1)  In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
airport means a public airport established and maintained by a council within the meaning of the Local Government Act 1993.
amusement device dealer’s licence means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to manufacture, assemble and sell approved amusement devices.
amusement device seller’s licence means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell approved amusement devices.
amusement device technician’s licence means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to service, repair and maintain approved amusement devices.
application includes an application for a conditional grant of the application.
approved amusement device means a device declared under section 158 to be an approved amusement device and includes:
(a)  any subsidiary equipment approved by the Board for use in connection with the device, and
(b)  any component of the device other than a component prescribed by the regulations as not being part of the device.
approved gaming device means an approved amusement device, an approved poker machine or an authorised poker machine.
approved poker machine and authorised poker machine have the same meanings as in the Registered Clubs Act 1976.
Australian wine means wine, cider, mead or perry that is the produce of fruit grown or honey produced, in Australia.
authorised CMS means a CMS that is operated under the authority of a licence in force under Division 4 of Part 11.
authorised justice has the same meaning as in the Search Warrants Act 1985.
beer means liquor which is beer, ale, lager, pilsener, porter, stout or any other fermented malt liquor or any fermented liquor made from hops or that for the purposes of sale is held out to be beer.
Board means the Liquor Administration Board constituted by section 72.
brewer means a person who, for the purposes of sale, makes beer.
caterer’s licence means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor at a function, occasion or event held on any premises, or part of premises, on which the licensee provides catering services, but only for consumption on those premises.
catering services means services for the preparation and supply of food for consumption at functions, occasions and events.
centralised cash control equipment means any device or system by means of which, in return for a cash payment made to the holder of a hotelier’s licence authorised to keep an approved amusement device, the operation of the approved amusement device may, without the insertion of money, be commenced and, at least to the extent of the cash payment, continued.
centralised monitoring system (CMS) means a system that:
(a)  monitors the operation and performance of approved gaming devices, and
(b)  facilitates the calculation and collection of tax under the Gaming Machine Tax Act 2001 (if any) that is payable in respect of approved gaming devices, and
(c)  is capable of performing other related functions.
Chairperson where occurring otherwise than in relation to the Board means Chairperson of the Licensing Court.
Chairperson of the Board means Chairperson of the Liquor Administration Board.
Chief Commissioner means the Chief Commissioner of State Revenue referred to in section 60 of the Taxation Administration Act 1996.
close associate has the meaning given by section 4A.
CMS licensee means the holder of a licence in force under Division 4 of Part 11.
community liquor licence means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor by retail on the licensed premises, whether or not for consumption on those premises, being a licence that is granted as a community liquor licence.
condition, in relation to a licence, includes a provision operating otherwise than as a condition.
conditional application means an application that may only be granted conditionally.
connected (in the context of connection to an authorised CMS) is defined in section 200AA.
court means the Licensing Court constituted as provided by section 9 or 10.
defined premises, in relation to a registered club, means the premises that are, within the meaning of the Registered Clubs Act 1976, the defined premises of that club.
dine-or-drink authority means an authority referred to in section 23AD.
dining room, in relation to licensed premises, means a part of the licensed premises used permanently and primarily for the consumption at tables of meals served otherwise than by self-service.
Director means the Director of Liquor and Gaming appointed as provided by section 6A.
employ includes engage under a contract for services.
employee includes a person engaged under a contract for services.
entertainment means entertainment provided by a person or persons physically present and actually providing the entertainment.
entertainment area means an area to which an authorisation granted by the Board under section 89 relates.
financial institution means:
(a)  a bank as defined by section 5 of the Banking Act 1959 of the Commonwealth or a bank constituted under a law of a State or Territory, or
(b)  a building society within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code, or
(c)  a credit union within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code.
function means any dinner, ball, convention, seminar, sporting event, race meeting, exhibition, performance, trade fair or other fair, fete or carnival, or any other event or activity, that is conducted for public amusement or entertainment or to raise funds for any charitable or other purpose and, in relation to a surf life saving club, includes any gathering of members of the club (and their guests) organised by the club for social purposes.
gaming-related licence means an amusement device dealer’s licence, an amusement device seller’s licence or an amusement device technician’s licence.
Governor’s licence means a licence the issue of which is authorised under section 19.
hotel means the premises to which a hotelier’s licence relates.
hotelier means the holder of a hotelier’s licence.
hotelier’s licence means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor by retail on the licensed premises, whether or not for consumption on those premises, being a licence that is granted as a hotelier’s licence.
justice means a Justice of the Peace.
key official means:
(a)  the Director-General of the Department of Gaming and Racing, or
(b)  an officer of the Department of Gaming and Racing who is listed in Schedule 3B to the Public Sector Management Act 1988, or
(c)  an officer of the Department of Gaming and Racing who is not referred to in paragraph (a) or (b) but is the subject of a current written order by the Director-General of the Department that has been served on the officer and is to the effect that the officer is a key official for the purposes of this Act, or
(d)  the Director of Liquor and Gaming, or
(e)  the Commissioner of Police, or
(f)  a member of the Police Service Senior Executive Service, or
(g)  a police officer who holds the position of Patrol Commander or a higher position but is not referred to in paragraph (e) or (f), or
(h)  a member of the Police Service who is not referred to in paragraph (e), (f) or (g) but is the subject of a current written order by the Commissioner of Police that has been served on the member and is to the effect that the member is a key official for the purposes of this Act.
lease includes a letting, whether oral or in writing and, if in writing, whether or not by deed.
licence means a licence in force under this Act.
licensed premises means:
(a)  in the case of an on-licence to sell liquor at a function—the premises or part of premises in which the function is held, or
(a1)  in the case of a caterer’s licence:
(i)  premises or part of premises that comprise the commercial kitchen specified in the licence as the commercial kitchen to which the licence applies, and
(ii)  premises or part of premises in which a function, occasion or event is being held and at which the holder of the licence is selling liquor under the authority of the licence, or
(b)  in the case of any other licence to sell liquor—the premises or part of premises on which the sale of liquor is authorised by the licence, or
(c)  in the case of an amusement device dealer’s licence—the premises or part of premises on or from which the business or other activity authorised by the licence is carried on.
Licensing Court means a Licensing Court of New South Wales.
liquor includes:
(a)  a beverage which, at 20° Celsius, contains more than 1.15 per cent ethanol by volume, and
(b)  anything that is not a beverage referred to in paragraph (a) but, for the purposes of sale, is held out to be beer or spirits, and
(c)  any other substance prescribed by the regulations as liquor.
local consent authority, in relation to licensed premises or proposed licensed premises, means:
(a)  (unless paragraph (b) applies) 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.
local liquor accord means any code of practice, memorandum of understanding or other arrangement:
(a)  that affects the supply of liquor, the opening and closing of licensed premises or other aspects of the management of or conduct of business on licensed premises, and
(b)  that is entered into in writing between two or more licensees (or between one or several licensees and one or several clubs registered under the Registered Clubs Act 1976), with the approval of the Commissioner of Police or a delegate of the Commissioner, for the purpose of eliminating or reducing alcohol-related violence or anti-social behaviour or other alcohol-related harm.
low alcohol liquor means each of the following:
(a)  undiluted and unadulterated liquor (other than wine of the grape) which, at 20° Celsius, contains 3.5 per cent or less ethanol by volume,
(b)  undiluted and unadulterated wine of the grape which, at 20° Celsius, contains 6.5 per cent or less ethanol by volume.
manager or manager of licensed premises means a person appointed under Division 8A or 8B of Part 3 to manage licensed premises.
meal means a genuine meal partaken of by a person seated at a dining table.
minor means a person who has not attained the age of 18 years.
minors functions authority means a minors functions authority referred to in section 111A.
motel has the meaning given by section 4C.
motel licence means an on-licence granted in respect of a motel (not being an on-licence granted in respect of a restaurant or nightclub where the licensed premises are defined to include a motel).
nightclub licence means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption on those premises.
nightclub trading period, in relation to premises the subject of a nightclub licence, means a period, commencing no earlier than 8 pm on a day and ending no later than 6 am on the following day, during which the licensee is authorised under the licence to sell or supply liquor at the premises whether or not with or as ancillary to a meal.
non-proprietary association means:
(a)  an incorporated or unincorporated body or association of persons (including a registered or unregistered club) that, by its constitution or any law that governs its activities:
(i)  is required to apply its profits (if any) and other income to the promotion of its objects or to purposes provided for by any such law, and
(ii)  is prohibited from paying dividends, or distributing profits or income, to its shareholders or members, or
(b)  a local council, or
(c)  the Darling Harbour Authority, or
(d)  the Sydney Harbour Foreshore Authority, or
(e)  any public authority declared by order of the Minister, published in the Gazette, to be a non-proprietary association for the purposes of this definition.
off-licence means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption otherwise than on those premises.
on-licence means a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption on those premises.
on-licence to sell liquor at a function means:
(a)  a permanent on-licence (function), or
(b)  a temporary on-licence (function).
owner, in relation to premises, means the person entitled to the rents or profits of the premises.
person authorised to sell liquor means:
(a)  a licensee, or
(b)  a registered club, or
(c)  a person who is authorised, by the law of another State or a Territory of the Commonwealth, to sell liquor, or
(c1)  any person who sells or supplies liquor (otherwise than as referred to in section 6 (c)–(f)) whether in New South Wales or elsewhere but is not required by the Act to hold a licence in respect of the sale or supply of liquor in New South Wales, or
(d)  a person who is prescribed, or who belongs to a class of persons that is prescribed, for the purposes of this paragraph.
poker machine has the same meaning as in the Registered Clubs Act 1976.
position of authority is defined in section 4B.
premises includes land, a vessel, a railway train, a tram car (whether or not running on rails or self-propelled) and an aircraft and, in relation to a conditional application, includes premises proposed to be erected and premises as proposed to be altered or added to.
prescribed place means a city, town or place declared by or under section 5 to be a prescribed place.
Principal Registrar means the registrar of the court at Sydney.
proof of age card means a document:
(a)  issued by the Roads and Traffic Authority under section 117EA, or
(b)  issued by a public authority of the Commonwealth, or of another State or Territory, for the purpose of attesting to the identity and age of the holder.
public hall means a public hall the subject of an approval in force under Part 1 of Chapter 7 of the Local Government Act 1993 to use or permit the use of the hall as a place of public entertainment.
race meeting has the same meaning as in the Racing Administration Act 1998.
racing club means a body (whether incorporated or unincorporated) registered as a racing club by the NSW Thoroughbred Racing Board, Harness Racing New South Wales or the Greyhound Racing Authority (NSW).
reception area means a part of a restaurant in which the sale, supply and consumption of liquor otherwise than at dining tables is authorised.
record includes any book, account, document, paper or other source of information compiled, recorded or stored in written form or on microfilm, or by electronic process, or in any other manner or by any other means.
refreshments does not include liquor.
registered club has the same meaning as it has in the Registered Clubs Act 1976.
registrar means registrar of the court appointed under section 17.
regulations means regulations made under this Act.
responsible adult, in relation to a minor, means a person described by the regulations as being a responsible adult for the purposes of this Act, whether the description is given:
(a)  by reference to the relationship between the person and the minor, or
(b)  in some other manner.
restaurant means premises in which meals are, or upon the issue of a licence in relation to the premises are proposed to be, regularly supplied on sale to the public for consumption on the premises, but does not include premises to which a nightclub licence relates.
restaurant licence means an on-licence relating to a restaurant.
restaurant restricted period, in relation to licensed premises the subject of a restaurant licence to which a dine-or-drink authority relates, means a period, commencing no earlier than 10 pm on a day and ending no later than 6 am on the following day, during which the licensee is authorised to sell or supply liquor at the premises whether or not with or as ancillary to a meal.
restricted area, in relation to premises to which a hotelier’s licence relates, means a part of the premises in which liquor is ordinarily sold or supplied for consumption on the premises, not being:
(a)  a dining room in which meals are being served,
(b)  a part of the premises in respect of which a minors functions authority or an authorisation under section 112 is in force whenever it operates to authorise the use by a minor of that part, or
(c)  a part of the premises in which liquor is, otherwise than as authorised under section 21 (2), sold or supplied exclusively to lodgers or inmates or both.
restricted trading day means Good Friday, Christmas Day and any day declared by the Governor, by proclamation published in the Gazette, to be a restricted trading day for the purposes of this Act.
seated dining position means a seated dining position within the meaning of section 23AD.
sell includes:
(a)  barter or exchange,
(b)  offer, agree or attempt to sell,
(c)  expose, send, forward or deliver for sale,
(d)  cause or permit to be sold or offered for sale, and
(e)  in relation to an approved amusement device—supply under financial and other arrangements approved by the Board.
special area means a special area as referred to in section 69EA.
special event licence means a licence issued under section 18A.
special inspector means a person (including the Director) holding office under section 109 as a special inspector.
spirits includes any liquor prescribed as spirits.
spouse includes, in relation to a licensee, a person who, although not legally married to the licensee, ordinarily lives with the licensee as the spouse of the licensee on a permanent and domestic basis.
subsidiary equipment means:
(a)  centralised cash control equipment, or
(b)  any other device or system designed for use in connection with the operation of an approved amusement device.
supply includes dispose of and deliver.
surf life saving club means a body (whether incorporated or unincorporated) that provides surf life saving services to members of the public in New South Wales.
TAB means the Totalizator Agency Board constituted by the Totalizator (Off-course Betting) Act 1964, and includes the company known as TAB Limited established by the Totalizator Agency Board Privatisation Act 1997, and a subsidiary of TAB means a body corporate that is a subsidiary of TAB by virtue of Division 6 of Part 1.2 of the Corporations Act 2001 of the Commonwealth.
theatre means a theatre the subject of an approval in force under Part 1 of Chapter 7 of the Local Government Act 1993 to use or permit the use of the theatre as a place of public entertainment.
this Act includes regulations.
trading hours, in relation to licensed premises, means the times at which, subject to this Act and the conditions of the licence, the sale of liquor on the premises pursuant to the licence is authorised.
university means a university established by an Act.
unregistered club means a club that is not a registered club within the meaning of the Registered Clubs Act 1976.
wine includes any liquor prescribed as wine.
(2)  In this Act, except in so far as the context or subject-matter otherwise indicates or requires, a reference to the registrar in relation to any application, licence or licensed premises is a reference to the registrar for the prescribed place at which the court would sit to hear the application or, as the case may be, an application relating to the licence or licensed premises.
(3)  Where the situation of the licensed premises is relevant for any purpose relating to an on-licence for a vessel or an aircraft, the licensed premises shall be deemed to be situated:
(a)  in the case of a vessel—at the usual port or place of departure or arrival of the vessel, or
(b)  in the case of an aircraft—at Sydney.
(4)  Where the situation of the licensed premises is relevant for any purpose relating to a caterer’s licence, the licensed premises are taken to be situated at the commercial kitchen to which the licence applies.
(5)  For the purposes of this Act, a licence is removed if, with the consent of the court given otherwise than pursuant to section 93, the authority conferred by the licence ceases to be exercisable at the premises to which the licence relates at the time of the grant of the application for removal and becomes exercisable at the premises to which the removal was sought.
(6)  A requirement under this Act to produce a record is, where the record is not written or not written in the English language, a requirement to produce a statement, written in the English language, setting forth such of the particulars in the record as are not written or are not written in the English language.
(7)  In this Act, a reference to the exercise of a function includes a reference to the exercise or performance of a power, authority or duty.
(7A)  In this Act, a reference to the secretary of a non-proprietary association is a reference:
(a)  in the case of a local council—to the general manager of the local council, or
(b)  in the case of a body referred to in paragraph (c), (d) or (e) of the definition of non-proprietary association—to the chief executive officer (however described) of the body.
(8)  For the purposes of Schedule 4, a reference to a Statistical Subdivision or Statistical Local Area is a reference to a Statistical Subdivision or Statistical Local Area as determined by the Australian Bureau of Statistics.
s 4: Am 1984 No 57, Schs 1 (3), 2; 1984 No 139, Sch 4; 1985 No 77, Sch 3 (1); 1986 No 81, Sch 1 (1); 1987 No 176, Schs 1 (1), 2 (1); 1988 No 94, Sch 1 (1); 1989 No 11, Sch 1; 1988 No 130, Sch 1; 1990 No 28, Schs 1 (1), 2 (1); 1990 No 61, Sch 1 (1); 1990 No 114, Schs 3 (1), 4 (1); 1992 No 48, Sch 1; 1993 No 28, Schs 1 (1) (2), 2 (1), 3 (1), 5 (1); 1993 No 46, Sch 1; 1994 No 42, Sch 1 (1) (7) (20) (41) (71); 1994 No 49, Sch 1 (1); 1995 No 11, Sch 1; 1995 No 34, Sch 1 [1]–[3]; 1996 No 41, Sch 1 [2]–[4]; 1996 No 42, Sch 1 [1] [2]; 1996 No 43, Sch 1 [1] [2]; 1996 No 84, Sch 1 [1]–[4]; 1996 No 103, Sch 1 [1]; 1997 No 44, Sch 1 [1]; 1997 No 151, Sch 3 [1]; 1997 No 155, Schs 1 [1] [2], 2 [1] [2], 3 [1]; 1998 No 29, Sch 2.6; 1998 No 91, Sch 1 [1] [2]; 1998 No 113, Sch 2.9 [1]; 1998 No 151, Sch 1 [1]; 1999 No 12, Sch 1 [1]; 1999 No 27, Sch 1 [1] [2]; 1999 No 63, Sch 1 [1]–[6]; 1999 No 85, Sch 1.17 [1] [2]; 2000 No 62, Sch 1 [1]–[3]; 2001 No 34, Sch 4.32 [1]; 2001 No 72, Sch 3 [1] [2].
4A   Meaning of “close associate”
(1)  For the purposes of this Act, a person is a close associate of an applicant for a licence or a licensee if the person:
(a)  holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the applicant or licensee that is or will be carried on under the authority of the licence, and by virtue of that interest or power is or will be able (in the opinion of the court or the Director) to exercise a significant influence over or with respect to the management or operation of that business, or
(b)  holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the applicant or licensee that is or will be carried on under the authority of the licence.
(2)  In this section:
relevant financial interest, in relation to a business, means:
(a)  any share in the capital of the business, or
(b)  any entitlement to receive any income derived from the business, or to receive any other financial benefit or financial advantage from the carrying on of the business, whether the entitlement arises at law or in equity or otherwise, or
(c)  any entitlement to receive any rent, profit or other income in connection with the use or occupation of premises on which the business is or is to be carried on (such as, for example, an entitlement of the owner of licensed premises to receive rent as lessor of the premises).
relevant position means:
(a)  the position of director, manager or secretary, or
(b)  any other position, however designated, if it is an executive position.
relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others:
(a)  to participate in any directorial, managerial or executive decision, or
(b)  to elect or appoint any person to any relevant position.
(3)  A financial institution is not a close associate within the meaning of this section by reason only of having a relevant financial interest in relation to a business.
s 4A: Ins 1993 No 28, Sch 3 (2). Am 1996 No 42, Sch 1 [3] [4]; 1999 No 31, Sch 2.21 [1].
4B   Corporate licences—interpretation
(1)  A reference in this Act to a position of authority in a body corporate is a reference to the position of chief executive officer, director or secretary of the body corporate.
(2)  A person who occupies a position of authority in a body corporate is to be regarded as interested in an application for a licence made by the body and as interested in the business of the licensed premises to which a licence held by the body corporate relates.
(3)  A person who is a shareholder in a body corporate is not (merely because of being a shareholder) to be regarded as a person who will be interested in an application for a licence made by the body corporate or in the business, or the profits or conduct of the business, to be carried on pursuant to the licence applied for or of the licensed premises to which a licence held by the body corporate relates.
s 4B: Ins 1994 No 42, Sch 1 (21).
4C   Motels
(1)  In this Act:
motel means premises that provide temporary accommodation to travellers, comprising bedrooms each with en-suite bathing and sanitary facilities, but does not include a hotel, guest-house, boarding house, lodging house, nursing home or caravan park, or any other form of residential accommodation declared by the regulations to not be a motel for the purposes of this Act.
(2)  An apartment complex that comprises separately owned apartments providing self-contained accommodation and that is operated to provide motel-style temporary accommodation to travellers is taken to be a motel for the purposes of this Act.
(3)  An apartment in such a complex is not taken to be part of the motel if the apartment:
(a)  is used as a private residence (and not for the temporary accommodation of travellers), or
(b)  is not the subject of the agreement or other arrangement under which apartments in the complex are operated to provide motel-style temporary accommodation.
(4)  A restaurant or nightclub that forms part of an apartment complex that is a motel under this section is, if the restaurant or nightclub is managed and operated as part of the complex, taken to form a contiguous part of the motel, for the purpose of enabling the licensed premises of the restaurant or nightclub to be defined to include the motel.
s 4C: Ins 1999 No 63, Sch 1 [7].
5   Prescribed places
(1)  For the purposes of this Act, Sydney is a prescribed place.
(2)  The regulations may declare any city, town or other place to be a prescribed place for the purposes of this Act.
(3)  Where a city, town or other place ceases to be a prescribed place, the regulations may include such provisions of a saving or transitional nature as are necessary or convenient as a consequence of that city, town or other place ceasing to be a prescribed place.
6   Application of Act
Nothing in this Act applies to or in respect of the sale of:
(a)  liquor in Parliament House under the control of the proper authority,
(b)  liquor on such trains under the control of the State Rail Authority as are determined by that Authority,
(c)  spirituous or distilled perfume where the sale is as perfumery only and not for drinking,
(d)  liquor where the sale is for medicinal purposes only and is made by a medical practitioner registered under the Medical Practitioners Act 1938, a registered nurse authorised under the Nurses Act 1991 to practise as a nurse practitioner or a pharmacist under the Pharmacy Act 1964,
(e)  liquor at the time it is auctioned by an auctioneer who is the holder of an off-licence, but only to the extent that the owner of the liquor would otherwise be required to be the holder of a licence, the liquor is auctioned on the premises to which the licence relates (or, in circumstances prescribed by the regulations, at other premises) and the auction is on behalf of a person not authorised to sell liquor on those premises at the time of the auction,
(f)  liquor taken in execution or under similar process, or forfeited to the Crown, where the sale is by the sheriff or a sheriff’s officer, or a bailiff or a member of the police force,
(g)  liquor where the sale is made by or on behalf of the master or captain for the time being of a vessel engaged in interstate or overseas voyages where the liquor is sold at a function held on board the vessel and the proceeds are given to a charity,
(h)  liquor where the sale is authorised by a law of the Commonwealth for the export of the liquor from the Commonwealth, or
(i)  liquor where:
(i)  the sale is made as part of a sale of flowers or food designed to be delivered as a gift to a person (not being the purchaser) specified by the purchaser,
(ii)  the liquor is delivered together with the flowers or food to the person so specified at a place other than the premises at which the business of the vendor is conducted,
(iii)  the liquor has been purchased by the vendor from the holder of a hotelier’s licence or an off-licence to sell liquor by retail, and
(iv)  the volume of liquor supplied in respect of each gift delivered by the vendor does not exceed 2 litres.
s 6: Am 1987 No 3, Sch 1 (1); 1998 No 102, Sch 3.5; 1999 No 27, Sch 1 [3].
6A   Director of Liquor and Gaming
A Director of Liquor and Gaming may be appointed under Part 2 of the Public Sector Management Act 1988.
s 6A: Ins 1990 No 28, Sch 1 (2).
6B   Delegations
(1)  The Minister may delegate to a person any function conferred or imposed on the Minister by this Act, other than this power of delegation.
(2)  The Commissioner of Police may delegate to a person any function conferred or imposed on the Commissioner by this Act, other than this power of delegation.
(3)  The person to whom a function has been delegated by the Minister or the Commissioner of Police may delegate the function to another person, subject to any conditions to which the delegation by the Minister or the Commissioner is subject.
(4)  The Director may delegate to a person any function conferred or imposed on the Director by this Act, other than this power of delegation.
s 6B: Ins 1990 No 28, Sch 1 (2).
Part 2 The Licensing Court
7   Licensing Court of New South Wales
(1)  The Licensing Court of New South Wales is a court of record with the prescribed seal and is constituted as provided by sections 9 and 10.
(2)  The court has the jurisdiction and powers conferred on it by or under this or any other Act and shall record its decisions in such manner as it thinks fit.
(3)  Subject to this Act, the court, wherever sitting, has jurisdiction throughout New South Wales.
8   Appointment of licensing magistrates
(1)  The Governor may:
(a)  appoint as licensing magistrates not less than 3 persons each of whom is a Magistrate or a person eligible to be appointed as a Magistrate, and
(b)  by the same or a different instrument, appoint one of those persons as Chairperson of the Licensing Court of New South Wales and another of them as Deputy Chairperson of the Licensing Court of New South Wales.
(2)  In the absence of the Chairperson, the Deputy Chairperson shall be deemed to be the Chairperson.
(3)  Subject to this section, a licensing magistrate:
(a)  holds office for such period, not exceeding 7 years, as is specified in the instrument of his or her appointment,
(b)  is eligible for re-appointment,
(c)  may not, without the approval of the Governor, engage in any business or employment outside the duties of his or her office, and
(d)  is entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975.
(4)  The Public Service Act 1979 does not apply to or in respect of:
(a)  the appointment of a licensing magistrate, or
(b)  a licensing magistrate during his or her term of office as such,
but a licensing magistrate who, immediately before his or her appointment as a licensing magistrate, was a Magistrate does not, by reason of that appointment, cease to be a Magistrate and a licensing magistrate who, immediately before his or her appointment as a licensing magistrate, was not a Magistrate becomes, by virtue of that appointment, a Magistrate.
(5)  Subsection (4) does not affect any right accrued or accruing under the Public Service Act 1979 or the Superannuation Act 1916 at the time of his or her appointment to a person appointed as a licensing magistrate and the person may continue to contribute to any fund or account, and is entitled to receive any payment, pension or gratuity, as if subsection (4) had not been enacted.
(6)  A person holding office as licensing magistrate is taken to hold the office on a part-time basis:
(a)  if, immediately before being appointed to the office, the person was a part-time Magistrate within the meaning of the Local Courts Act 1982, or
(b)  if the person became a Magistrate by virtue of being appointed to the office and:
(i)  the person’s appointment as a licensing magistrate is expressed, in the instrument by which the person is appointed, to be on a part-time basis, or
(ii)  although not appointed on a part-time basis, the person, by agreement in writing entered into with the Chief Magistrate, exercises the functions of the office of licensing magistrate on a part-time basis.
(7)  A licensing magistrate vacates his or her office as such if he or she resigns the office by writing under his or her hand addressed to the Minister and the Governor accepts the resignation.
(8)  If the Chairperson, or the Deputy Chairperson, ceases to hold office as a licensing magistrate, he or she ceases to hold office as Chairperson or, as the case may be, as Deputy Chairperson and, if a licensing magistrate ceases to hold office as a Magistrate, he or she ceases to hold office as a licensing magistrate.
s 8: Am 1986 No 100, Sch 4; 1997 No 155, Sch 3 [2]; 1999 No 69, Sch 2.4 [1].
9   Constitution of the court at first instance
(1)  Except to the extent that this Act otherwise provides, the Licensing Court of New South Wales is constituted by:
(a)  a licensing magistrate sitting alone,
(b)  a Magistrate (other than a licensing magistrate) sitting alone in accordance with a delegation to him or her of any or all of the jurisdiction of a licensing magistrate (either generally or in a particular case) by the Chairperson, or
(c)  if the Chairperson so directs (either generally or in a particular case)—2 or more licensing magistrates.
(2)  Where the court is constituted as provided by subsection (1) (c):
(a)  the Chairperson is to preside if the Chairperson is sitting, or
(b)  the Deputy Chairperson is to preside if the Deputy Chairperson is sitting and the Chairperson is not, or
(c)  where neither the Chairperson nor the Deputy Chairperson is sitting, the magistrate nominated for the purpose by the Chairperson is to preside.
(3)  Where the court is constituted as provided by subsection (1) (c) and there is a difference of opinion among the members of the court, the opinion of the majority is the opinion of the court and, where there is an equality of votes, the presiding magistrate has a casting vote as well as a deliberative vote.
(4)  The court may not be constituted under subsection (1) (c) for the hearing and determination of the matter of a complaint under section 67 except by leave of the Chairperson given on the application of all the parties.
(5)  A signed opinion of a member of the court sitting as constituted under this section may be delivered by any licensing magistrate, whether or not the licensing magistrate who delivers the opinion is the magistrate, or one of the magistrates, who signed the opinion.
s 9: Am 1989 No 226, Sch 1; 1990 No 114, Sch 1 (1); 1993 No 28, Sch 3 (3); 1997 No 155, Sch 3 [2].
10   Constitution of the court on appeal
(1)  For the purpose of hearing and determining an appeal to the court under this or any other Act, the Licensing Court of New South Wales is constituted by:
(a)  3 or more licensing magistrates, or
(b)  if the Chairperson so directs—2 licensing magistrates sitting with a Magistrate (other than a licensing magistrate) appointed by the Chairperson,
none of whom constituted, or was a member of, the court from the adjudication of which the appeal lies.
(2)  Where the court is constituted as provided by subsection (1):
(a)  the Chairperson shall preside if he or she is sitting,
(b)  the Deputy Chairperson shall preside if he or she is sitting and the Chairperson is not, or
(c)  where neither the Chairperson nor the Deputy Chairperson is sitting, the magistrate nominated for the purpose by the Chairperson shall preside.
(3)  Where the court is constituted as provided by subsection (1) and there is a difference of opinion among the members of the court, the opinion of the majority is the opinion of the court and, where there is an equality of votes, the presiding magistrate has a casting vote as well as a deliberative vote.
(4)  A signed opinion of a member of the court sitting as constituted under this section may be delivered by any licensing magistrate, whether or not the licensing magistrate who delivers the opinion is the magistrate, or one of the magistrates, who signed the opinion.
s 10: Am 1990 No 114, Sch 1 (2); 1997 No 155, Sch 3 [2].
11   Sittings of the court
(1)  Sittings of the court shall be held at prescribed places.
(2)  The sittings and constitution of the court pursuant to section 9 or 10 shall be arranged by the Chairperson or, to the extent directed by the Chairperson, by the Deputy Chairperson.
(3)  The venue for the hearing of a matter by the court shall be laid as provided by the regulations.
(4)  A person is disqualified from sitting in or as the court for the hearing and determination of a matter under this Act if:
(a)  the person is beneficially interested in the manufacture or sale of liquor,
(b)  the person has a beneficial interest in any licensed premises or any premises proposed as licensed premises,
(c)  the person holds a licence,
(d)  the person is beneficially interested in a trade or calling carried on under a licence,
(e)  a person to or with whom the person is, in such manner (if any) as may be prescribed, related or connected is the holder of a licence in respect of premises in the neighbourhood of the premises in relation to which the matter is to be heard and determined, or
(f)  the person is beneficially interested in a trade or calling carried on under a licence relating to premises referred to in paragraph (e).
s 11: Am 1994 No 49, Sch 1 (2).
12   Procedure before Licensing Court
(1)  Except to the extent that this Act otherwise provides, proceedings before the court:
(a)  shall, except in the case of proceedings under section 145, be instituted by application, and
(b)  shall, as nearly as practicable, be regulated in the same way as summary proceedings before a Local Court.
(2)  In any proceedings before it other than proceedings under section 145 of this Act or section 65 of the Registered Clubs Act 1976, the court:
(a)  is not bound by the rules of evidence and may inform itself on any matter in such manner as it thinks fit, and
(b)  shall act according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms.
(3)  The magistrate who constitutes the court or, where the court is constituted by more than 1 magistrate, the presiding magistrate, may take, administer or cause to be taken or administered any oath, declaration, affirmation or deposition relating to a proceeding before the court.
(4)  Without prejudice to the operation of subsection (5), section 61 of the Justices Act 1902 and the other provisions of that Act relating to a summons under that section and proceedings on default in appearance to such a summons apply to and in respect of the appearance of a witness before the court in relation to a matter arising under this Act, his or her examination on oath and proceedings on default in appearance to such a summons in the same way as they apply to and in respect of the appearance of a witness before a Local Court in relation to the matter of an information, his or her examination on oath and proceedings on default in his or her appearance to such a summons.
(5)  The magistrate who constitutes the court or, where the court is constituted by more than 1 magistrate, the presiding magistrate, may of his or her own motion issue a summons for the attendance before the court of a person to be examined as a witness or to produce a document or writing required for the purpose of evidence and subsection (4) applies to and in respect of such a summons in the same way as it applies to and in respect of a summons under that section.
(6)  The business of the court may be conducted in the absence of the public:
(a)  in the case of an application to which no objection has been taken, and
(b)  in such other cases as may be prescribed.
s 12: Am 1996 No 42, Sch 1 [5]; 1999 No 31, Sch 4.53 [1].
13   Contempt of the court
Where the court finds a person guilty of contempt of the court:
(a)  it may require the person to pay a penalty not exceeding 10 penalty units and may, in default of payment of the penalty, by warrant under the seal of the court and the hand of the only or presiding magistrate, commit that person to prison for a term not exceeding 14 days or until the fine is sooner paid, or
(b)  it may, by a like warrant, commit the person to prison for a term not exceeding 14 days.
s 13: Am 1993 No 47, Sch 1.
14   Adjournments
(1)  The court may, of its own motion or on application, from time to time adjourn to the same or another court-house or another building.
(2)  Where the court is not constituted in accordance with this Act by reason that a member of the court is absent, any member of the court who is present may, and if no member of the court is present a justice may, adjourn the court or the hearing of any application or matter.
(3)  Where, before or upon the hearing by the court of an application or matter under this Act, a party to the proceedings applies for an adjournment, the court may, on such terms as to costs or otherwise as it thinks fit, adjourn the hearing to the same or another court-house or another building.
15   Amendment etc
On the hearing of an application under this or any other Act, the court may, of its own motion or, on such terms as to costs or adjournment as it thinks fit, on the application of a party to the proceedings:
(a)  permit the lodging or amendment of any notice or of any document or instrument necessary to the proceedings before the court, and
(b)  disregard any omission, error, defect or insufficiency in any such notice, document or instrument or any failure, defect or insufficiency in respect of the giving, serving, affixing, keeping affixed, advertising or publishing thereof or any other matter or thing not going to the substance of the matter before the court.
16   Costs
(1)  The costs of any proceedings in the court (other than proceedings for an offence) including the costs of any ancillary proceedings shall be paid by or apportioned between the parties in such manner as the court in its discretion orders and, in default of any such order, follow the event.
(1A)  If the court orders an applicant under Part 3 to pay costs, the court may also order that a person who is directly interested in the application, or in the business (whether proposed or actual) to which the application relates, or in the profits of that business, is to be jointly and severally liable (with the applicant) for the payment of those costs.
(2)  Except in such circumstances as may be prescribed, costs shall not be awarded against an unsuccessful opponent of an application or a complainant on the grounds specified in section 68 (1) (d) if the court is satisfied:
(a)  that the person opposing the application or making the complaint had no direct or indirect pecuniary interest in the refusal of the application and no expectation of such an interest, and
(b)  that his or her opposition or complaint was not malicious, vexatious or frivolous.
(3)  Where an order for an amount of costs and expenses is made under subsection (1) and the prescribed documents are filed in the office of a Local Court having jurisdiction under the Local Courts (Civil Claims) Act 1970 at or nearest the prescribed place at which the application that led to the order was heard, the order may be enforced as a judgment of that Local Court for the payment of that amount in accordance with the order of the court.
s 16: Am 1996 No 41, Sch 1 [5]; 1999 No 31, Sch 4.53 [2] [3].
17   Registrars of the court
(1)  The Governor may, under and subject to the Public Service Act 1979, appoint a Principal Registrar and a registrar of the court for each prescribed place other than Sydney.
(2)  Until some other person is appointed as registrar of the court for a prescribed place, the registrar of the court for the prescribed place is the person for the time being holding, or discharging the functions of, the office of Clerk of the Local Court at the prescribed place or, if there is no such person, at another place specified by the Minister instead of the prescribed place, by order published in the Gazette.
(3)  The Principal Registrar is the registrar of the court at Sydney.
(4)  The regulations may provide for the exercise by the Principal Registrar of the jurisdiction of the court in relation to a matter to which there has been no objection.
(5)  A reference in this Act to the court includes, if the jurisdiction of the court is exercised by a registrar in accordance with this Act or the regulations, a reference to the registrar, except as otherwise provided by this Act.
(6)  If a registrar grants a licence or exercises any other function of the court in accordance with this Act or the regulations, the registrar may impose any conditions that the court could impose in those circumstances, except as otherwise provided by this Act.
s 17: Am 1990 No 114, Sch 1 (3); 1997 No 155, Sch 2 [3]; 1999 No 31, Sch 4.53 [4].
17A   Nature of disciplinary jurisdiction of court
In any proceedings under this or any other Act in which the court is dealing with a complaint against a person or body (not being proceedings for an offence), the court has, despite any other law, the following powers and discretions:
(a)  the court may, in imposing a penalty or making any decision in relation to the complaint, take into account the deterrent effect, or punitive effect, or both, of the penalty or decision,
(b)  the court is not required, in imposing a penalty or making any decision in relation to the complaint, to take into account any action taken by any person or body to rectify or mitigate the subject-matter of the complaint.
s 17A: Ins 1996 No 42, Sch 1 [6].
17B   Remedial orders
(1)  The court may, in addition to or as an alternative to any requirement that it makes or penalty that it imposes in any proceedings before it in relation to a complaint or in which it finds any person guilty of an offence against this Act or the regulations, being an offence prescribed by the regulations for the purposes of this section, do either or both of the following:
(a)  require a person to publish an advertisement correcting any information contained in any advertising concerning any gambling activities authorised by or under this Act that are conducted at the licensed premises concerned that the court is satisfied on the evidence before it is false, misleading or deceptive and give directions (if any) that the court considers appropriate as to the time, form, extent and manner of publication,
(b)  require a licensee, manager or any other person involved in the conduct of gambling activities at the licensed premises to undertake any specified course of training that the court considers will promote responsible practices in the conduct of gambling activities at the licensed premises.
(2)  A person who, without lawful excuse, fails to comply with an order under this section is guilty of an offence.
Maximum penalty: 20 penalty units.
s 17B: Ins 1999 No 49, Sch 2 [3].
Part 3 Licences
Division 1 Classes of licences
18   Court may grant licences
(1)  Subject to this Act, the court may grant a licence in a form approved by the Board authorising the licensee to sell liquor on the premises specified in the licence.
(2)  The court may, under subsection (1), grant:
(a)  a hotelier’s licence, being a licence that is granted as a hotelier’s licence and, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor by retail on the licensed premises, whether or not for consumption on those premises,
(b)  an off-licence, being a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption otherwise than on those premises,
(c)  an on-licence, being a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption on those premises, or
(d)  a caterer’s licence, being a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor at a function, occasion or event held on any premises, or part of premises, on which the licensee provides catering services, but only for consumption on those premises, or
(e)  a nightclub licence, being a licence that, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor on the licensed premises, but only for consumption on those premises, or
(f)  a community liquor licence, being a licence that is granted as a community liquor licence and, subject to this Act and the conditions of the licence, authorises the licensee to sell liquor by retail on the licensed premises, whether or not for consumption on those premises.
(3)  An off-licence may be:
(a)  a licence to sell liquor by retail,
(b)  a licence for a vigneron,
(c)  a licence to sell liquor to persons authorised to sell liquor,
(d)  a licence for a brewer, or
(e)  a licence to auction liquor on behalf of a person not authorised to sell liquor.
(4)  The premises in relation to which an on-licence (other than an on-licence to sell liquor at a function) may be granted are:
(a)  premises at an airport,
(b)  a public hall,
(c)  a restaurant,
(c1)  a motel,
(d)  a theatre,
(e)  premises within a university that are occupied by a union, association or club within the university,
(f)  a vessel or an aircraft, and
(g)  any premises in respect of which a certificate given by the Board under section 74A is in force.
(5)  An on-licence to sell liquor at a function may be:
(a)  an on-licence (referred to in this Act as a permanent on-licence (function)) that is granted on a permanent basis for the purposes of functions to be held while the licence is in force, or
(b)  an on-licence (referred to in this Act as a temporary on-licence (function)) that is granted on a temporary basis for the purposes of not more than 3 functions to be held during the year in which the licence is in force.
(5A)  An on-licence to sell liquor at a function may only be granted to:
(a)  a person on behalf of a non-proprietary association, or
(b)  a person in respect of a trade fair.
(5B)  A permanent on-licence (function) authorises the licensee to sell and supply liquor at:
(a)  the functions approved by the court when granting the licence to be held within the first year during which the licence is in force, and
(b)  any additional functions approved by the court on application subsequently made by the licensee.
(5C)  A temporary on-licence (function) authorises the licensee to sell and supply liquor at not more than 3 functions approved by the court when granting the licence.
(5D)  A community liquor licence may be granted only to a person on behalf of a non-proprietary association.
(6)  On application by the holder of a hotelier’s licence, the court (or, if there is no objection to the application, the registrar) may authorise the sale of liquor at a function to be held on premises other than the premises to which the hotelier’s licence relates.
(6A)  The provisions of section 51 apply to an application under subsection (6) in the same way as they apply to an application for a temporary on-licence (function).
(6B)  On the granting of an application under subsection (6):
(a)  the hotelier’s licence is taken, for the purpose of authorising the sale of liquor at the function concerned, to operate as a temporary on-licence (function), and
(b)  the conditions prescribed by section 23AB and section 51B (2) apply to the hotelier’s licence, except as provided by subsection (6C), and
(c)  the provisions of sections 23AC and 29 apply in respect of the function.
(6C)  If a function referred to in subsection (6) is held on premises that are adjacent to the premises to which the hotelier’s licence relates, the conditions prescribed by section 23AB (5) may be complied with as though the reference in those conditions to the licensee were a reference to an employee or agent of the licensee.
(7)  Notwithstanding anything in this Act, the authority conferred by a licence referred to in subsection (3) (a), (b) or (c) extends to supplying liquor to customers and intending customers for consumption on the licensed premises if the liquor:
(a)  is liquor that the licensee is authorised to sell,
(b)  is supplied gratuitously, and
(c)  is consumed for tasting purposes only.
(8)  Notwithstanding subsection (3) (c), the authority conferred by a licence referred to in that paragraph includes authority, to the extent provided in section 22 and subject to section 22 (2A), to sell liquor to employees of the licensee.
(9)  Subsections (1) and (2) do not authorise the court to grant a new hotelier’s licence unless it is satisfied that an existing hotelier’s licence is not available at a reasonable market price for removal to the premises or proposed premises to which the application for the new licence relates.
(10)  Subsections (1) and (2) do not authorise the court to grant a new off-licence of the kind referred to in subsection (3) (a) unless it is satisfied that an existing off-licence of that kind is not available at a reasonable market price for removal to the premises or proposed premises to which the application for the new licence relates.
(10A)  Subsections (1) and (2) do not authorise the court to grant an on-licence in relation to premises if the grant of the licence will result in there being an on-licence in force in relation to a motel at the same time as a separate on-licence is in force in relation to a restaurant at the motel.
(11)  Unless at least 1 month’s notice of intention to do so is given as prescribed, an objection or question based on subsection (9) or (10) may not be made or raised at the hearing of an application.
(12)  The jurisdiction of the court to grant a motel licence may be exercised by the Principal Registrar if there is no objection to the grant of the licence.
(13)  The following provisions of this Act and the regulations apply to and in respect of a motel licence in the same way as they apply to and in respect of a hotelier’s licence:
(a)  provisions of the regulations as to the making, advertising and lodging of an application for a licence and as to the documents required to accompany such an application.
(b), (c)    (Repealed)
s 18: Am 1984 No 57, Sch 3; 1985 No 77, Sch 1 (1); 1987 No 176, Sch 1 (2); 1989 No 130, Sch 1; 1990 No 114, Sch 4 (2); 1994 No 42, Sch 1 (2) (8) (42); 1994 No 49, Sch 1 (3); 1996 No 41, Sch 1 [6]; 1996 No 84, Sch 1 [5]; 1997 No 155, Sch 2 [4]; 1998 No 151, Sch 1 [2]; 1999 No 63, Sch 1 [8]–[10]; 2000 No 62, Sch 1 [4].
18A   Minister may authorise issue of special event licences
(1)  The Minister may authorise the court to issue a licence, to be known as a special event licence, authorising the sale of liquor, on premises specified in the licence on a day or days so specified during which a special event is held, subject to such conditions and exemptions as the Minister may specify.
(2)  Before authorising the issue of a special event licence, the Minister may, if the Minister thinks fit, obtain a report from the Board or from the Commissioner of Police, or both, on any proposal for such an authorisation.
(3)  The Minister may:
(a)  vary, add to or revoke any condition imposed, or exemption granted, in respect of a special event licence whether under subsection (1) or under any other provision of this Act, or
(b)  in the absence of any such condition or exemption, impose a condition or grant an exemption and, having imposed or granted it, vary, add to or revoke it.
(4)  The Minister is not to authorise the issue of a special event licence unless the Minister is satisfied, on information supplied by the Board or otherwise, that practices will be in place at the licensed premises as soon as the licence is issued that ensure, as far as reasonably practicable, that:
(a)  liquor is sold, supplied and served responsibly on the premises, and
(b)  all reasonable steps are taken to prevent intoxication on the premises,
and that those practices will remain in place while the licence is in force.
(5)  A condition cannot be imposed on a special event licence except under this section.
(6)  With the consent of the licensee, the Minister may, by order in writing, suspend, for the duration of a special event licence granted in respect of any premises, another licence in force in respect of the same premises.
(7)  In this section, special event means an event that the Minister considers to be of State or regional significance.
s 18A: Ins 2000 No 62, Sch 1 [5].
19   Governor’s licences
(1)  The Governor may, on the recommendation of the Minister and subject to such conditions as the Minister may impose, authorise the court to issue a licence authorising the sale of liquor:
(a)  in a refreshment room, or at a stall, at a specified railway station,
(b)  on premises vested in the Crown or a public authority constituted by an Act,
(c)  in a canteen at a construction camp specified in the licence or at works of a public nature so specified, or
(d)  at premises occupied by a body (whether incorporated or unincorporated) registered as a racing club by the NSW Thoroughbred Racing Board or Harness Racing New South Wales,
subject to such conditions and exemptions as the Governor may impose and grant.
(2)  Before making a recommendation for the purposes of subsection (1), the Minister may, if the Minister thinks fit, obtain a report from the Board on any proposal that the court be authorised under subsection (1) to issue a licence.
(2A)  The Minister is not to make a recommendation under subsection (1) unless the Minister is satisfied, on information supplied by the Board or otherwise, that practices will be in place at the licensed premises as soon as the licence is issued that ensure, as far as reasonably practicable, that:
(a)  liquor is sold, supplied and served responsibly on the premises, and
(b)  all reasonable steps are taken to prevent intoxication on the premises,
and that those practices will remain in place while the licence is in force.
(3)  The Governor may, on the recommendation of the Minister:
(a)  vary, add to or revoke any condition imposed, or exemption granted, in respect of a Governor’s licence whether under subsection (1) or under any other provision of this Act, or
(b)  in the absence of any such condition or exemption, impose a condition or grant an exemption and, having imposed or granted it, vary, add to or revoke it.
(4)  A condition cannot be imposed on a Governor’s licence under any other section of this Act, and any condition to which a Governor’s licence is subject cannot be varied, added to or revoked under any other section of this Act, unless the Governor has, on the recommendation of the Minister, approved of the proposed condition, variation, addition or revocation.
(5)  A licence issued under this section ceases to be in force:
(a)  in the case of a licence authorising the sale of liquor at a specified railway station—if the railway station ceases to be regularly serviced by a passenger train (or a motor omnibus or other motor vehicle) operated by or on behalf of the State Rail Authority, or
(b)  in the case of a licence authorising the sale of liquor on premises referred to in subsection (1) (b)—if the premises cease to be vested in the Crown or a public authority constituted by an Act, or
(c)  in the case of a licence authorising the sale of liquor at a construction camp or works referred to in subsection (1) (c)—if the construction camp or works have ceased to exist, or
(d)  in any case—on the expiry of a period of time, if the licence so provides.
s 19: Am 1994 No 49, Sch 1 (4); 1999 No 27, Sch 1 [4] [5]; 2001 No 73, Sch 1 [3].
Division 2 Duration and conditions of licences
pt 3, div 2, hdg: Subst 1997 No 155, Sch 1 [3].
19A   Duration of licences
(1)  A licence remains in force until its surrender in writing is accepted by the Board, except as provided by this section.
(2)  A special event licence or a temporary on-licence (function) expires at the latest time at which liquor may be sold or supplied under the licence.
(3)  A licence ceases to be in force:
(a)  for the duration of the period of suspension, if it is suspended, or
(b)  permanently, if it is cancelled,
except as provided by section 149 or by the terms of any order made under Part 9.
(4)  The provisions of this section, in so far as they apply to a licence issued in accordance with section 19, apply in addition to the provisions of section 19 (5).
s 19A: Ins 1984 No 57, Sch 1 (4). Am 1985 No 77, Sch 3 (2); 1986 No 81, Sch 1 (2); 1988 No 94, Sch 1 (2); 1989 No 226, Sch 1. Rep 1993 No 28, Sch 1 (2). Ins 1997 No 155, Sch 1 [4]. Am 1999 No 27, Sch 1 [6]; 2000 No 62, Sch 1 [6].
19B   (Repealed)
s 19B: Ins 1988 No 94, Sch 1 (3). Rep 1993 No 28, Sch 1 (2).
20   Conditions of licences
(1)  The court may:
(a)  on the hearing of an application for the grant of a licence or of any matter relating to a licence—of its own motion or on the application of a party to the hearing or the Director or the Commissioner of Police, or
(b)  at any other time—on the application of the Director or the Commissioner of Police made in relation to a licence,
impose conditions not inconsistent with this Act without prior compliance with which the grant does not take effect or to which the licence is to be subject.
(2)  A licence is subject to:
(a)  prescribed conditions,
(a1)  a condition that the licensee comply with any provision of the regulations under section 125C (Responsible service) or section 125D (Responsible conduct of gambling activities) with which the licensee is required to comply,
(b)  any conditions imposed under subsection (1) or section 18A or 19,
(c)  any conditions imposed by the court on hearing a complaint under section 67 or by a member of the Board on hearing a complaint under section 104,
(c1)  any conditions imposed under this Act in relation to an approved gaming device or an authorised CMS, and
(d)  any other conditions the court or Board is authorised by this Act to impose,
whether or not any such condition is endorsed on the licence.
(2A)  Without limiting this section, a condition can be imposed under this section that prohibits or restricts activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption).
(2B)  Without limiting this section, a condition can be imposed by the court or the Board that authorises or requires a licensee, in specified circumstances:
(a)  to cease to serve liquor at the licensed premises, or
(b)  to restrict access to the licensed premises in a manner and to the extent provided by the condition,
or both, from a time of day that is earlier than the time at which, as otherwise required by the licence, trading must cease.
(3)  A contravention of section 21, 22, 23, 23A, 23AA or 23AB is a breach of a condition of the licence in respect of which the contravention occurs.
(4)  It is a breach of a condition of a licence to sell or supply liquor on the licensed premises at a time other than a time permitted by Division 3 in relation to the licensed premises or otherwise than in accordance with the provisions of that Division.
(4A)  It is a condition of a hotelier’s licence that the licensee is not to provide a cash advance in the hotel, or permit or suffer a cash advance to be provided in the hotel on behalf of the licensee, otherwise than as a prize or bonus won as a direct or indirect consequence of operating an approved amusement device in accordance with this Act and the other conditions to which the licence is subject.
(4B)    (Repealed)
(5)  The court or the Board, as the case may be, may vary or revoke a condition of a licence imposed by it (whether under this section or any other provision of this Act):
(a)  at any time on the application of the licensee or the Director or the Commissioner of Police, or
(b)  of its own motion or on the hearing of any matter relating to the licence.
s 20: Am 1984 No 57, Sch 1 (5); 1987 No 3, Sch 1 (2); 1987 No 176, Schs 1 (3), 2 (2); 1988 No 94, Sch 1 (4); 1989 No 91, Sch 2 (1); 1990 No 28, Schs 2 (2), 4; 1993 No 28, Sch 1 (3); 1996 No 41, Sch 1 [7] [8]; 1996 No 84, Sch 1 [6]; 1997 No 44, Sch 1 [2]; 1997 No 155, Sch 2 [5]; 1999 No 49, Sch 2 [4]; 2000 No 62, Sch 1 [7] [8].
20A, 20B   (Repealed)
s 20A: Ins 1984 No 57, Sch 1 (6). Am 1985 No 77, Sch 3 (3); 1986 No 81, Sch 1 (3); 1987 No 176, Sch 2 (3). Rep 1993 No 28, Sch 1 (2).
s 20B: Ins 1988 No 94, Sch 1 (5). Rep 1993 No 28, Sch 1 (2).
21   Hotelier’s licence—miscellaneous conditions
(1)  Except as provided by subsection (2), liquor shall not, in a restricted area on premises to which a hotelier’s licence relates, be sold or supplied to, or consumed by, a lodger, an inmate or an employee of the licensee except at a time at which liquor may be sold or supplied to other persons in that or any other restricted area on the licensed premises.
(2)  On the application of the holder of a hotelier’s licence, the Board may authorise the use, subject to such conditions as it may impose, of a restricted area on the licensed premises, for the sale or supply of liquor exclusively to lodgers or inmates seated at tables at a time at which liquor may not otherwise be sold or supplied in a restricted area on the licensed premises.
(3)  The premises to which a hotelier’s licence relates (except a part of the premises in which liquor is being sold or supplied with or as ancillary to a meal or supper served on the premises or in which meals or substantial refreshments are available with or without charge) shall not be open at any time for the sale or supply of liquor for consumption on the premises unless, in a part of the premises so open, at least a light meal is available, with or without charge, for consumption by persons to whom liquor is sold or supplied.
(4)  The court may, on the application of a licensee to whom an authority has been granted under subsection (2), or on the application of the Director or the Commissioner of Police in relation to such an authority:
(a)  revoke the authority,
(b)  impose a condition, or further condition, to which the authority is to be subject, or
(c)  revoke or vary any condition imposed under subsection (2) or paragraph (b).
s 21: Am 1989 No 91, Sch 1 (1); 1990 No 28, Sch 2 (2).
21AA   Statutory condition of every hotelier’s licence
It is a condition of a hotelier’s licence that:
(a)  the primary purpose of the business conducted in the hotel under the authority of the licence is to be the sale of liquor by retail, and
(b)  any use of approved gaming devices on the premises does not detract unduly from the character of the premises or from the enjoyment of persons ordinarily resorting to the premises (otherwise than for gaming).
s 21AA: Ins 1998 No 151, Sch 1 [3].
21A   Australian wine licences
(1)  This section applies to a licence to which Schedule 4 (Special provisions relating to Australian wine licences) to the Liquor (Repeals and Savings) Act 1982 applies (referred to in this section as an Australian wine licence).
(2)  A condition on an Australian wine licence that liquor other than wine must not be sold or supplied on the licensed premises may not be varied or revoked under section 20.
(3)  The court may on the application of the licensee vary that condition of the licence so as to permit the sale of beer or spirits (or both) on the licensed premises for consumption on those premises, but the court is not to grant such an application unless the court is satisfied that:
(a)  the licence was being exercised on or about 1 January 1994, or
(b)  there is some compelling reason why the licence was not being exercised at that time.
(4)  The grant of an application under subsection (3) does not have effect until payment by the applicant to the Board of the amount (up to $50,000) determined by the Board as payable for the variation of the condition (determined having regard to the circumstances of the licence and the application). The grant of the application is cancelled after 3 months if the amount so determined is not paid within that time.
(4A)  If the court has granted an application under subsection (3) in respect of an Australian wine licence before the commencement of this subsection, the grant of the application has, in addition to varying the conditions of the licence so as to permit the sale of beer on the licensed premises for consumption on those premises, the effect of varying the conditions so as to permit the sale of spirits on the licensed premises for consumption on those premises.
(5)  An application to remove an Australian wine licence may not be granted unless:
(a)  the removal is to a place that is within the neighbourhood of the premises from which it is proposed to remove the licence, and
(b)  the floor area of the premises which are proposed to be the licensed premises on removal is not greater than that of the licensed premises from which the licence is proposed to be removed, and
(c)  the court is satisfied that the licence was being exercised on or about 1 January 1994 or that there is some compelling reason why the licence was not being exercised at that time, or that removal is reasonably necessary to enable the licence to be exercised.
(6)  Section 36 (5) does not apply to an application for the removal of an Australian wine licence.
s 21A: Ins 1984 No 57, Sch 1 (7). Am 1985 No 77, Sch 3 (4); 1986 No 81, Sch 1 (4); 1987 No 176, Sch 2 (4); 1993 No 28, Sch 5 (2). Rep 1993 No 28, Sch 1 (2). Ins 1994 No 42, Sch 1 (58). Am 1997 No 155, Sch 3 [3] [4].
21B   Community liquor licence—miscellaneous conditions
(1)  Liquor must not be sold or supplied on premises to which a community liquor licence relates unless:
(a)  the licensee and each person engaged in the sale, supply or service of liquor on the premises has successfully completed a course of training, approved by the Board, that promotes the responsible sale, supply and service of liquor, and
(b)  food of a nature and quantity consistent with the responsible sale, supply and service of liquor is made available when liquor is being sold or supplied on the premises.
(2)  The licensee under a community liquor licence must not permit activities on the licensed premises that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption).
(3)  No person who is intoxicated, or under the age of 18 years , is to be involved in selling, supplying or serving liquor on the licensed premises under a community liquor licence.
s 21B: Ins 1999 No 63, Sch 1 [11].
22   Off-licence—miscellaneous conditions
(1)  Where an off-licence is a licence for a vigneron, liquor shall not be sold or supplied by the licensee pursuant to the licence unless:
(a)  it is Australian wine substantially made by the licensee or Australian wine made on the licensee’s behalf from fruit grown or honey produced by the licensee,
(b)  it is sold at the premises where the wine is made or where the fruit is grown or the honey produced,
(c)  it is delivered and taken away at one time and not by instalments, and
(d)  it is sold or supplied at any one time only in quantities prescribed for the purposes of this paragraph unless it is sold to a person authorised to sell liquor.
(2)  Where an off-licence is a licence for a brewer, liquor shall not be sold or supplied pursuant to the licence except to persons authorised to sell liquor and to employees of the licensee.
(2A), (3)    (Repealed)
(3A)  Where an off-licence is a licence to sell liquor by retail, liquor shall not, except as provided by section 18 (7), be sold or supplied pursuant to the licence otherwise than in sealed containers.
(4)    (Repealed)
s 22: Am 1984 No 57, Sch 4 (1); 1985 No 77, Schs 1 (2), 4 (1); 1993 No 46, Sch 1; 1994 No 42, Sch 1 (43); 1994 No 49, Sch 1 (5); 1997 No 155, Sch 1 [5] [6]; 1999 No 27, Sch 1 [7].
23   On-licence—miscellaneous conditions
(1)    (Repealed)
(2)  Where the licensed premises to which an on-licence relates are a public hall, liquor shall not be sold or supplied on the licensed premises except:
(a)  at, or as ancillary to, a dinner, reception, convention, seminar or the like, or a ball conducted by or on behalf of a body or association of persons, and
(b)  by serving it to persons seated at tables.
(2A)  Where the licensed premises to which an on-licence relates are a restaurant, the primary purpose of the premises is, for the purposes of this Act, to be a restaurant, and accordingly the premises must at all times be operated consistently with this primary purpose, whether or not the on-licence is endorsed with a dine-or-drink authority.
(3)  Where the licensed premises to which an on-licence relates are a restaurant, liquor shall be sold, supplied and consumed in the restaurant only:
(a)  in the reception area (if any) or at a table in the restaurant, and
(b)  except where liquor is sold or supplied as provided by section 31 (3) or (4), and subject to section 23AD—with or as ancillary to a meal consumed at a table in the restaurant.
(3A)  Where a hotelier’s licence, a nightclub licence, an on-licence relating to a restaurant, or an on-licence relating to premises referred to in section 18 (4) (g), is in force, the business carried on pursuant to the licence shall be a business of selling and supplying liquor in accordance with this Act to the public resorting to the licensed premises and shall not, except as may be prescribed or to the extent necessary to comply with this or any other Act or law, be or include a business limited at any time only to selling or supplying liquor to persons invited to resort to the premises or only to a particular class, or particular classes, of persons resorting to the premises.
(3B)  Subsection (3A) does not prevent:
(a)  the imposition on a licence of a condition of the kind referred to in section 20 (2B), or
(b)  the inclusion in a local liquor accord of any provision of the kind referred to in section 104E (1),
or any conduct on the part of any person acting in accordance with any such condition or for the purpose of promoting or giving effect to the terms of any such accord.
(4)  Where the licensed premises to which an on-licence relates are a theatre, liquor shall not be sold or supplied on the licensed premises except in the part or parts of the theatre specified in the licence, being a part that is, or parts that are, accessible only to persons attending the entertainment at the theatre.
(5)  Where the licensed premises to which an on-licence relates are within a university, liquor shall not be sold or supplied on the licensed premises except:
(a)  to members, and invited guests of members, of the union, association or club that occupies the licensed premises, and
(b)  when at least a light meal is available in a room on the licensed premises, with or without charge, for consumption by persons to whom the liquor is sold or supplied.
(6)  Where the licensed premises to which an on-licence relates are a vessel or aircraft, liquor shall not be sold or supplied to the crew of the vessel or aircraft except, in the case of a vessel, as an allowance served out by order of the master.
(7)  If an on-licence is a motel licence, liquor must not be sold or supplied on the licensed premises in contravention of any of the following restrictions:
(a)  liquor may only be sold or supplied by means of bar facilities (such as facilities known as a mini-bar) located in the accommodation in which the liquor is to be consumed,
(b)  liquor may only be sold or supplied to a person who is a bona fide traveller and accommodated at the motel in accommodation consisting of or including a bedroom with separate sanitary and bathing facilities, for consumption in that accommodation (whether by that person or by an invited guest of that person),
(c)  the volume of liquor sold or supplied to any one person on any one day must not exceed 2 litres.
s 23: Am 1985 No 77, Sch 1 (3); 1989 No 130, Sch 1; 1994 No 42, Sch 1 (3); 1996 No 84, Sch 1 [7] [8]; 1997 No 155, Sch 2 [6]; 1998 No 91, Sch 1 [3] [4]; 2000 No 62, Sch 1 [9].
23A   Caterer’s licence—miscellaneous conditions
(1)  Liquor shall not be sold or supplied pursuant to a caterer’s licence except at, or as ancillary to, a function, occasion or event for which the licensee provides catering services.
(2)  Liquor is not to be sold or supplied pursuant to a caterer’s licence unless:
(a)  the catering services provided by the licensee include the provision of food of a nature and quantity consistent with the responsible sale, supply and service of liquor and with the type of function, occasion or event at which the licence is being exercised, and
(b)  that food is provided in conjunction with the sale or supply of liquor so that liquor is sold or supplied and consumed with or as ancillary to the consumption of that food.
(3)  The principal business of the licensee under a caterer’s licence, and the principal business of any person or body on whose behalf the licensee holds the licence, must be the business of providing catering services for fee, gain or reward.
s 23A: Ins 1987 No 176, Sch 1 (4). Am 1999 No 63, Sch 1 [12].
23AA   Nightclub licence—miscellaneous conditions
(1)  Liquor must not be sold or supplied on the premises to which a nightclub licence relates between noon and 8 pm on any day that is not a restricted trading day, or between noon and 10 pm on a restricted trading day, except with or as ancillary to a meal consumed at a table on the premises.
(2)  Liquor must not be sold or supplied on the premises to which a nightclub licence relates during a nightclub trading period unless:
(a)  the liquor is sold or supplied with or as ancillary to entertainment and at least a light meal is available, with or without charge, for consumption by persons to whom liquor is sold or supplied, or
(b)  the liquor is supplied with or as ancillary to a meal consumed at a table on the premises.
(3)  This section is subject to section 23AD and, in a case where the licensed premises to which a nightclub licence relates are defined to include a motel, is subject to section 35C (7).
s 23AA: Ins 1996 No 84, Sch 1 [9]. Am 1999 No 63, Sch 1 [13].
23AB   On-licence to sell liquor at function—miscellaneous conditions
(1)  Liquor must not be sold or supplied under the authority of an on-licence to sell liquor at a function except at, or as ancillary to, a function to which the licence relates.
(2)  Liquor must not be sold or supplied on the licensed premises to which an on-licence to sell liquor at a function relates except by way of opened cans, opened bottles or other opened containers.
(5)  Liquor must not be sold or supplied on the licensed premises to which an on-licence to sell liquor at a function relates unless:
(a)  the licensee is present on those premises at all times while liquor is being provided under the authority of the licence (except when a person referred to in paragraph (b) is present in the circumstances referred to in that paragraph), or
(b)  a person nominated under section 23AC by the licensee as the person in charge of the sale and supply of liquor at the function is present on the premises at any time when the licensee cannot, because of exceptional circumstances, be present on those premises.
(6)  If liquor is sold or supplied on the licensed premises to which an on-licence to sell liquor at a function relates:
(a)  neither the licensee nor any nominee under section 23AC is to be intoxicated while liquor is being provided at the function, and
(b)  the licensee and any such nominee must maintain proper and responsible supervision and control over the sale and supply of liquor at the function, and
(c)  no person who is intoxicated, or who is under the age of 18 years, is to be involved in selling, supplying or serving liquor at the function.
s 23AB: Ins 1997 No 155, Sch 2 [7] (am 1999 No 31, Sch 7).
23AC   On-licence to sell liquor at function—nominee of licensee in exceptional circumstances
(1)  For the purposes of exercising the authority of an on-licence to sell liquor at a function from which (or at any time during which) the licensee, by reason of exceptional circumstances, is obliged to be absent, the licensee may, at any time before his or her absence, nominate any person who consents to do so to take the place of the licensee and to be in charge of the sale and supply of liquor at the function in the absence of the licensee.
(2)  A person nominated in accordance with this section is taken to be the licensee for the purposes of this Act in respect of the function (or, if the nomination relates only to a portion of the function, that portion).
(3)  In any proceedings, a licensee relying on a nomination under this section bears the onus of establishing that the nomination was in all respects authorised by and effected in accordance with this section.
s 23AC: Ins 1997 No 155, Sch 2 [7].
23AD   Restaurant and nightclub licences—dine-or-drink authority
(1)  The court may grant an application for a restaurant licence or nightclub licence to be endorsed with an authority (referred to in this Act as a dine-or-drink authority) relating to the sale, supply and consumption of liquor at the restaurant or nightclub.
(2)  A dine-or-drink authority:
(a)  authorises liquor to be sold or supplied in the restaurant or nightclub for consumption, otherwise than with or as ancillary to a meal consumed at a table in the restaurant or nightclub, at no more than 30 per cent of the seated dining positions available in the restaurant or nightclub at any time, and
(b)  does not affect the sale, supply or consumption of liquor in the reception area (if any) of the restaurant as otherwise authorised by or under this Act.
(3)  The authorisation conferred by a dine-or-drink authority is subject to such conditions as are imposed by this Act or as are prescribed by the regulations and to such conditions as are imposed by the court at the time of grant of the application for the authority.
(4)  The court may, on the application of the licensee or the Director or the Commissioner of Police:
(a)  revoke a dine-or-drink authority, or
(b)  impose any further condition to which the authority is to be subject, or
(c)  revoke or vary any condition imposed by the court under this section (and whether or not previously varied under this section).
(5)  A dine-or-drink authority is in force only while all the conditions to which it is subject are being complied with.
(6)  Conditions may (without limitation) do any or all of the following:
(a)  reduce the percentage referred to in subsection (2),
(b)  specify the maximum number of seated dining positions that are to be available for the consumption of liquor as referred to in that subsection,
(c)  in the case of a restaurant, prohibit advertising of the restaurant that is inconsistent with the primary purpose of the premises, as referred to in section 23 (2A),
(d)  in the case of a restaurant, prohibit entertainment in the restaurant that is inconsistent with that primary purpose (including for example entertainment in the nature of pool tables or amusement devices).
(7)  The Board may, on the application of the licensee or the Director or the Commissioner of Police, revoke or vary any conditions of the kind referred to in subsection (6) (a) or (b), other than conditions imposed by this Act or the regulations.
(8)  It is a condition of a dine-or-drink authority to which a restaurant licence is subject that the maximum number of patrons permitted on licensed premises to which the authority relates is not to exceed the number of available seated dining positions together with the number of persons allowed by or under this Act in the reception area (if any) of the restaurant.
(9)  In this section, a reference to a seated dining position is a reference to a seated position at a table, being a position at which a meal can reasonably and comfortably be consumed.
s 23AD: Ins 1998 No 91, Sch 1 [5]. Am 1999 No 63, Sch 1 [14]–[18].
23AE   Restaurant licence—consumption of liquor away from table
(1)  Nothing in this Act is to be construed as preventing a person in a restaurant to which an on-licence relates from consuming liquor away from a table in the restaurant, or from standing while consuming liquor, so long as there is a seat for the person at a table.
(2)  Subsection (1) has effect subject to any conditions to which the on-licence is subject and to any requirements prescribed by the regulations.
s 23AE: Ins 1998 No 91, Sch 1 [6].
Division 3 Trading hours
23AF   Special trading hours for millennium celebration period
Liquor may be sold or supplied on licensed premises as permitted by Schedule 6 during the period from Saturday 30 December 2000 to Wednesday 3 January 2001 (both days inclusive), despite any other provision of this Division.
s 23AF: Ins 1999 No 63, Sch 1 [19]. Am 2000 No 62, Sch 1 [10].
24   Hotelier’s licence—trading hours
(1)  Except where liquor is sold or supplied to, or consumed by, a lodger, an inmate or an employee of the licensee, liquor shall not, on premises to which a hotelier’s licence relates, be sold, supplied or consumed, and the licensed premises shall not be kept open for the sale, supply or consumption of liquor, except at a time permitted by subsection (2) or (3) or by variation of trading hours under section 25.
(2)  Except as provided by subsection (3), liquor may be sold, supplied or consumed on the licensed premises and the licensed premises may be kept open for the sale, supply or consumption of liquor:
(a)  on a day that is not a Sunday or a restricted trading day—from 5 am to midnight, and
(b)  on a Sunday that is not a restricted trading day or 24 December—from 10 am to 10 pm, and
(b1)  on a Sunday that is 24 December and not a restricted trading day:
(i)  from 10 am to 10 pm, and
(ii)  from 10 pm to midnight on that day but only when the liquor is sold or supplied for consumption on the licensed premises, and
(c)  on a restricted trading day (other than Good Friday), where the liquor is sold or supplied for consumption with or as ancillary to a meal served in a dining room on the licensed premises—from noon to 10 pm, and
(c1)  on Good Friday, where the liquor is sold or supplied for consumption on the licensed premises—from noon to 10 pm, and
(d)  on a day that is 31 December and is not a restricted trading day (whether or not it is a Sunday)—from the earliest time permitted on that day by paragraph (a) or (b) to 2 am on the next succeeding day, whether or not that next succeeding day is a Sunday or a restricted trading day.
(2A)  The sale or supply of liquor on the licensed premises is permitted between midnight on 31 December and 2 am on the next succeeding day only if the liquor is sold or supplied for consumption on the licensed premises.
(3)  Despite subsection (2), but subject to section 25, if there was in force immediately before the amendment of this section by the Liquor (Amendment) Act 1989 a revocation or refusal of a variation of the trading hours for the licensed premises:
(a)  liquor shall not be sold, supplied or consumed on the licensed premises, and
(b)  the licensed premises shall not be kept open for the sale, supply or consumption of liquor,
except at a time applicable to the premises immediately before that amendment.
(4)  Nothing in this section enables a person (including a lodger, an inmate or an employee of a licensee) to use or operate an approved gaming device at premises to which a hotelier’s licence relates at a time other than a time permitted by subsection (2) or (3).
s 24: Am 1989 No 91, Sch 1 (2); 1994 No 42, Sch 1 (55); 1995 No 70, Sch 1 [1]–[3]; 1997 No 155, Sch 3 [5]; 2000 No 93, Sch 1.10 [1].
25   Hotelier’s licence—variation of trading hours
(1)  The court may, as provided by this section, vary the trading hours for particular premises to which a hotelier’s licence relates.
(1A)  An application may not be granted under this section for an extension of trading hours unless the court is satisfied that practices are in place and will remain in place at the licensed premises that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises.
(2)  If application is made for a variation of trading hours by extending them to permit the sale or supply of liquor for consumption on the licensed premises from midnight on a day other than a restricted trading day to a time not later than 5 am on the next succeeding day, the court may grant the variation only if satisfied that to do so would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.
(2A)  An application may not be granted under subsection (2) for an extension of trading hours from midnight on a Sunday unless:
(a)  the licensed premises concerned are within the area constituting the City of Sydney as at the commencement of this subsection or front onto any of the streets or parts of streets specified in Schedule 2 (Kings Cross) or Schedule 3 (Oxford Street–Darlinghurst) or are situated within an area bounded by those streets or parts of streets, or are within the Kosciusko National Park, and
(b)  the court is satisfied that the extension of trading hours is necessary or desirable to meet the needs of tourists and tourism.
(2B)  In the case of licensed premises referred to in subsection (2A), a single application may be made under this section to cover each of the variations of trading hours provided for under subsection (3) and from midnight on a Sunday under subsection (2).
(3)  If application is made for a variation of trading hours by extending them to permit the sale or supply of liquor on a Sunday that is not a restricted trading day from a time earlier than 10 am but not earlier than 5 am or from 10 pm to a time not later than midnight, the court may grant the variation only:
(a)  to meet the needs of tourists and tourism or other special needs, and
(b)  if satisfied that the variation would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.
(4)  The court may, on application, vary the trading hours to permit the sale or supply of liquor for consumption on the licensed premises on a special occasion on a stated date and, if there is no objection to the variation, the jurisdiction of the court under this subsection may be exercised by the registrar.
(4A)  In subsection (4), special occasion means the occasion of a unique or infrequent event of local, State or national significance that persons independent of the licensee (and of the owner or occupier of the premises) desire to celebrate or mark.
(5)  A variation of trading hours granted under this section has effect only in the part or parts of the premises specified by the court or registrar when granting the variation.
(6)  At the commencement of the 1989 amendment, the court shall be taken:
(a)  to have granted under this section a variation of trading hours, and
(b)  to have specified a part or parts of the licensed premises,
that, but for this subsection, it would have been required to grant and specify in order to permit the sale or supply of liquor for consumption in that part, or those parts, of the licensed premises at times at which it could have been so sold or supplied immediately before that commencement.
(7)  The court may, at any time on the application of the licensee, the local consent authority, the Director or the Commissioner of Police:
(a)  revoke a variation of trading hours granted under this section, or
(b)  grant a different variation of trading hours in accordance with this section.
(7A)  If an application under this section for extended trading hours is refused, or if an extension of trading hours is revoked or reduced:
(a)  on the application of the local consent authority, the Director or the Commissioner of Police, or
(b)  under section 104 (Quiet and good order of neighbourhood),
an application for the same, or a longer, extension of trading hours for the same premises may not be made during the next 6 months, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the refusal, revocation or reduction was based.
(7B)  An application for an extension of trading hours may be granted for a trial period of up to 6 months ending on a specified date and, on application made at least 1 month before that date, the court may:
(a)  confirm the extension of trading hours, or
(b)  postpone expiration of the trial period, or
(c)  refuse the application.
(8)  In this section:
1989 amendment means the insertion of this section by the Liquor (Amendment) Act 1989.
(9)  For the purposes of subsection (2A), premises situated on any of the corners at the intersection of Oxford, Victoria and South Dowling Streets and Barcom Avenue are taken to front onto a street or part of a street specified in Schedule 3.
s 25: Subst 1989 No 91, Sch 1 (3) (am 1989 No 116, sec 3). Am 1990 No 28, Sch 2 (3); 1993 No 28, Sch 3 (4); 1994 No 42, Sch 1 (56); 1995 No 34, Sch 1 [4]; 1996 No 41, Sch 1 [9] [10]; 1996 No 84, Sch 1 [10] [11]; 2000 No 62, Sch 1 [11].
25A   Community liquor licence—trading hours
Liquor must not be sold or supplied on premises to which a community liquor licence relates except at the times fixed by the court by an order in force in relation to the licence.
s 25A: Ins 1999 No 63, Sch 1 [20].
26   Off-licence—trading hours
(1)  If an off-licence is a licence to sell liquor by retail, liquor shall not be sold or supplied on the licensed premises and the licensed premises shall not be kept open for the sale or supply of liquor except at a time permitted by subsection (2) or by a variation of trading hours under section 27.
(2)  Liquor may be sold or supplied on the licensed premises and the licensed premises may be kept open for the sale or supply of liquor:
(a)  on a day that is not a Sunday or a restricted trading day—from 5 am to midnight, and
(b)  on a Sunday that is not 24 December or a restricted trading day—from 10 am to 10 pm, and
(c)  on a Sunday that is 24 December and not a restricted trading day—from 8 am to 10 pm.
(3)  The court may, if it thinks fit, by order fix the trading hours for a class of off-licence (other than an off-licence to sell liquor by retail) and, where an order fixing the trading hours for a class of off-licence is in force, liquor shall not be sold or supplied pursuant to an off-licence of that class except during the trading hours fixed by the order.
s 26: Am 1989 No 91, Sch 1 (4); 1995 No 70, Sch 1 [4].
27   Off-licence (retail)—variation of trading hours
(1)  The court may, as provided by subsection (2), grant an application for a variation of the trading hours for particular premises to which an off-licence to sell liquor by retail relates by extending them to permit the sale or supply of liquor on the licensed premises on a Sunday that is not a restricted trading day from a time earlier than 10 am but not earlier than 5 am or from 10 pm to a time not later than midnight.
(2)  The court may grant an application under subsection (1) only:
(a)  to meet the needs of tourists and tourism or other special needs, and
(b)  if satisfied that the variation would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.
(2A)  An application may not be granted under this section for an extension of trading hours unless the court is satisfied that practices are in place and will remain in place at the licensed premises that ensure as far as reasonably practicable that liquor is sold and supplied responsibly on the premises.
(3)  The court may, at any time, on the application of the licensee, the local consent authority, the Director or the Commissioner of Police:
(a)  revoke a variation of trading hours granted under this section, or
(b)  grant a different variation of trading hours in accordance with this section.
(4)  If an application under this section for extended trading hours is refused, or if an extension of trading hours is revoked or reduced:
(a)  on the application of the local consent authority, the Director or the Commissioner of Police, or
(b)  under section 104 (Quiet and good order of neighbourhood),
an application for the same, or a longer, extension of trading hours for the same premises may not be made during the next 6 months, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the refusal, revocation or reduction was based.
(5)  An application for an extension of trading hours may be granted for a trial period of up to 6 months ending on a specified date and, on application made at least 1 month before that date, the court may:
(a)  confirm the extension of trading hours, or
(b)  postpone expiration of the trial period, or
(c)  refuse the application.
s 27: Subst 1989 No 91, Sch 1 (5). Am 1990 No 28, Sch 2 (3); 1993 No 28, Sch 3 (5) (am 1993 No 108, Sch 1); 1995 No 34, Sch 1 [5]; 1996 No 41, Sch 1 [9] [11].
28   On-licence (airport)—trading hours
Where the premises to which an on-licence relates are an airport, liquor shall not be sold or supplied on the licensed premises except at a time that is:
(a)  not earlier than 1 hour before an aircraft first departs from the airport after noon in the course of carrying passengers for reward on a scheduled flight, and
(b)  not later than 30 minutes after the latest time on that day at which an aircraft so departs from the airport.
29   On-licence (function)—trading hours
(1)  Liquor may be sold or supplied pursuant to an on-licence to sell liquor at a function:
(a)  from:
(i)  30 minutes before the commencement of the function at which it may be sold or supplied, or
(ii)  a time fixed by the court in relation to the licence,
whichever is the later, and
(b)  until:
(i)  1 hour after the conclusion of the function at which it may be sold or supplied,
(ii)  where the function continues past midnight on any day—3 am on the next succeeding day, or
(iii)  a time fixed by the court in relation to the licence,
whichever is the earliest.
(2)  For the purpose of this section, any day to which a function is postponed shall be deemed to have been approved by the court instead of the day from which it is postponed.
30   On-licence (public hall)—trading hours
Where the premises to which an on-licence relates are a public hall and liquor is to be sold or supplied on the licensed premises otherwise than pursuant to an on-licence to sell liquor at a function, the liquor shall not be so sold or supplied except during a period:
(a)  that does not commence, although it may end, on a restricted trading day, and
(b)  is within the limits prescribed by section 29 (1) (a) and (b) in respect of the same kind of function as the function at, or as ancillary to which, the liquor is to be sold or supplied.
31   On-licence (restaurant)—trading hours
(1)  Where the licensed premises to which an on-licence relates are a restaurant, liquor shall not be sold or supplied on the licensed premises except at a time permitted by this section.
(2)  Subject to section 32 and subsections (3) and (4), liquor may be sold or supplied on the licensed premises:
(a)  on a day that is not a Sunday or a restricted trading day—from noon to midnight, and
(b)  on a Sunday or a restricted trading day—from noon to 10 pm, and
(b1)  on a day that is 24 December and not a restricted trading day (whether or not it is a Sunday)—from noon to midnight, and
(c)  on a day that is 31 December and is not a restricted trading day (whether or not it is a Sunday)—from noon to 2 am on the next succeeding day, whether or not that next succeeding day is a Sunday or a restricted trading day.
(3)  Where the licensed premises of a restaurant to which an on-licence relates are defined to include a motel, liquor may be sold or supplied at any time:
(a)  to a lodger or an inmate, or the guest of a lodger or an inmate:
(i)  in the bedroom set aside for the accommodation of the lodger or inmate, or
(ii)  in any other part of the licensed premises set aside for the exclusive occupation of lodgers or inmates and their guests, or
(b)  to an employee of the licensee.
(4)  Where the licensed premises of a restaurant to which an on-licence relates are defined to include a motel, liquor may be sold or supplied in a function room forming part of the motel to persons in attendance at a dinner, reception, convention, seminar or the like held by a body or association of persons:
(a)  from any time on a day that is not a Sunday or a restricted trading day to 3 am on the next succeeding day, whether or not that next succeeding day is a Sunday or a restricted trading day, and
(b)  on any other day—as specified in subsection (2) (b), (b1) and (c).
s 31: Am 1995 No 70, Sch 1 [5]–[7].
32   On-licence (restaurant)—variation of trading hours
(1)  Subject to this section, the court may, in respect of particular licensed premises, vary the trading hours specified in section 31 (2) in such manner as it thinks desirable.
(1A)  An application may not be granted under this section for an extension of trading hours unless the court is satisfied that practices are in place and will remain in place at the licensed premises that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises.
(2)  Where application is made under subsection (1) in relation to a special occasion on a specified date and there is no objection to the grant of the application, the jurisdiction of the court to grant the application may be exercised by the registrar.
(3)  In subsection (2), special occasion means the occasion of a unique or infrequent event of local, State or national significance that persons independent of the licensee (and of the owner or occupier of the premises) desire to celebrate or mark.
(3A)–(3C)    (Repealed)
(4)  The court may, at any time on the application of the licensee, the local consent authority, the Director or the Commissioner of Police:
(a)  revoke a variation of trading hours granted under this section, or
(b)  vary a variation of trading hours granted under this section.
(c)    (Repealed)
(5)  If an application under this section for extended trading hours is refused, or if an extension of trading hours is revoked or reduced:
(a)  on the application of the local consent authority, the Director or the Commissioner of Police, or
(b)  under section 104 (Quiet and good order of neighbourhood),
an application for the same, or a longer, extension of trading hours for the same premises may not be made during the next 6 months, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the refusal, revocation or reduction was based.
(6)  An application for an extension of trading hours may be granted for a trial period of up to 6 months ending on a specified date and, on application made at least 1 month before that date, the court may:
(a)  confirm the extension of trading hours, or
(b)  postpone expiration of the trial period, or
(c)  refuse the application.
s 32: Am 1985 No 77, Sch 1 (4); 1989 No 91, Sch 1 (6); 1990 No 28, Sch 2 (2); 1993 No 28, Sch 3 (6) (am 1993 No 108, Sch 1); 1994 No 42, Sch 1 (36); 1994 No 49, Sch 1 (6); 1995 No 34, Sch 1 [6]; 1995 No 70, Sch 1 [8]; 1996 No 41, Sch 1 [9] [12]; 1996 No 84, Sch 1 [12] [13]; 2000 No 62, Sch 1 [12].
33   On-licence (theatre)—trading hours
Where the premises to which an on-licence relates are a theatre, liquor shall not be sold or supplied on the licensed premises except:
(a)  on a day on which the theatre is open to enable the public to attend an entertainment of the stage or cinematographic entertainment, or both,
(b)  where that day is not a restricted trading day—at the times fixed by the court by an order in force in relation to the licence, and
(c)  where that day is a restricted trading day—in so far as the times referred to in paragraph (b) extend beyond midnight on the last preceding day that is not a restricted trading day.
34   On-licence (university)—trading hours
Liquor shall not be sold or supplied on premises to which an on-licence relates that are within a university except at the times fixed by the court by an order in force in relation to the licence.
s 34: Am 1989 No 130, Sch 1.
35   On-licence (vessel or aircraft)—trading hours
(1)  Liquor shall not be sold or supplied to a passenger on a vessel or aircraft to which an on-licence relates except:
(a)  in the case of a vessel—to passengers on board the vessel during a period commencing one hour before the vessel commences any voyage or passage (not being a voyage or passage that is part of a regular passenger service between places within the harbour of Port Jackson) and ending 30 minutes after the voyage or passage is completed, or
(b)  in the case of an aircraft—during a flight of the aircraft after it departs from its airfield, not being a flight only over the City of Sydney and its suburbs.
(2)  Liquor must not be sold or supplied to passengers on board a vessel:
(a)  while it is at its berth, whether before commencing or after completing its voyage or passage, or
(b)  while it is moored, if persons other than passengers and crew are being allowed on board.
(3)  In this section, passenger on a vessel means a person who joins the vessel for the whole or part of its voyage.
s 35: Am 1996 No 41, Sch 1 [13] [14]; 2000 No 62, Sch 1 [13] [14].
35A   On-licence (vessel)—variation of trading hours
(1)  Subject to this section, the court may, in respect of a particular vessel, and on payment of the prescribed fee, vary the trading hours specified in section 35 in such manner as it thinks desirable.
(1A)  The court may not grant an application under this section for an extension of trading hours unless the court is satisfied that practices are in place and will remain in place at the licensed premises that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises.
(2)  The court may not grant an application for a variation of trading hours unless adequate sleeping berths for the use of passengers are provided on the vessel to which the application relates.
(3)  If a variation of trading hours is granted in relation to a vessel, the variation ceases to have effect if adequate sleeping berths cease to be provided on the vessel for the use of passengers.
(4)  The court may, at any time, on the application of the licensee, the local consent authority, the Director or the Commissioner of Police:
(a)  revoke a variation of trading hours granted under this section, or
(b)  grant a further variation of trading hours varied under this section.
(5)  If an application under this section for extended trading hours is refused, or if an extension of trading hours is revoked or reduced:
(a)  on the application of the local consent authority, the Director or the Commissioner of Police, or
(b)  under section 104 (Quiet and good order of neighbourhood),
an application for an extension of trading hours for the same premises may not be made during the next 6 months, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the refusal, revocation or reduction was based.
(6)  An application for an extension of trading hours may be granted for a trial period of up to 6 months ending on a specified date and, on application made at least 1 month before that date, the court may:
(a)  confirm the extension of trading hours, or
(b)  postpone expiration of the trial period, or
(c)  refuse the application.
s 35A: Ins 1987 No 3, Sch 1 (3). Am 1990 No 28, Sch 2 (2); 1993 No 28, Sch 3 (7) (am 1993 No 108, Sch 1); 1995 No 34, Sch 1 [7]; 1996 No 41, Sch 1 [9] [15].
35B   Caterer’s licence—trading hours
Liquor may be sold or supplied pursuant to a caterer’s licence at a function, occasion or event:
(a)  from:
(i)  30 minutes before the commencement of the function, occasion or event, or
(ii)  6.00 am,
whichever is the later, and
(b)  until:
(i)  1 hour after the conclusion of the function, occasion or event, or
(ii)  if the function, occasion or event continues past midnight on any day—3 am on the next succeeding day,
whichever is the earlier.
s 35B: Ins 1987 No 176, Sch 1 (5).
35C   Nightclub licence—trading hours
(1)  Liquor may be sold or supplied on premises to which a nightclub licence relates that are situated within the area constituting the City of Sydney as at 1 December 1994 or front onto any of the streets or parts of streets specified in Schedule 2 (Kings Cross) or Schedule 3 (Oxford Street–Darlinghurst) or are situated within an area bounded by those streets or parts of streets only at the following times:
(a)  on any day that is not a restricted trading day—from noon to 3 am on the following day (whether or not that following day is a restricted trading day),
(b)  on a restricted trading day—from noon to 10 pm.
(2)  Liquor may be sold or supplied on premises to which a nightclub licence relates that are situated within an area referred to in Schedule 4 (but are not premises to which subsection (1) applies) only at the following times:
(a)  on any day that is not a Sunday or a restricted trading day—from noon to 3 am on the following day (whether or not that following day is a Sunday or a restricted trading day),
(b)  on a Sunday that is not a restricted trading day or 31 December—from noon to midnight,
(c)  on a restricted trading day—from noon to 10 pm,
(d)  on a Sunday that is 31 December and is not a restricted trading day—from noon to 2 am on the following day (whether or not that following day is a restricted trading day).
(3)  Liquor may be sold or supplied on premises to which a nightclub licence relates that are situated in any other area only at the following times:
(a)  on any day that is not a day referred to in paragraph (b) or (c)—from noon to midnight,
(b)  on a restricted trading day—from noon to 10 pm,
(c)  on a day that is 31 December and is not a restricted trading day—from noon to 2 am on the following day (whether or not that following day is a restricted trading day).
(4)  For the purposes of subsection (1), premises situated on any of the corners at the intersection of Oxford, Victoria and South Dowling Streets and Barcom Avenue are taken to front onto a street or part of a street specified in Schedule 3.
(5)  Liquor may be sold or supplied on premises to which a nightclub licence relates on a Sunday when the following day is a public holiday and the Sunday is not a restricted trading day as if the Sunday were a Saturday (and not a restricted trading day), whether or not the public holiday is a restricted trading day.
(6)  Any variation under section 35D of trading hours of particular licensed premises on a Saturday also applies for the purposes of subsection (5) in the application of that subsection to the licensed premises.
(7)  Where the licensed premises to which a nightclub licence relates are defined to include a motel, liquor may be sold or supplied at any time:
(a)  to a lodger or an inmate, or the guest of a lodger or an inmate, in the bedroom set aside for the accommodation of the lodger or inmate, or in any other part of the licensed premises set aside for the exclusive occupation of lodgers or inmates and their guests, or
(b)  to an employee of the licensee.
(8)  Where the licensed premises to which a nightclub licence relates are defined to include a motel, liquor may be sold or supplied in a function room forming part of the motel to persons in attendance at a dinner, reception, convention, seminar or the like held by a body or association of persons:
(a)  from any time on a day that is not a Sunday or a restricted trading day to 3 am on the next succeeding day, whether or not that next succeeding day is a Sunday or a restricted trading day, and
(b)  on any other day—as specified in the relevant provisions of subsections (1)–(3).
s 35C: Ins 1996 No 84, Sch 1 [14]. Am 1997 No 73, Sch 3 [1]; 1999 No 63, Sch 1 [21].
35D   Nightclub licences—variation of trading hours
(1)  This section applies to a nightclub licence referred to in section 35C (3).
(2)  The court may, as provided by this section, vary the trading hours for particular premises to which a nightclub licence relates (not being a nightclub licence relating to premises situated in the Kosciusko National Park) to allow trading until 3 am on a day (other than a restricted trading day or a Sunday).
(3)  The court may, as provided by this section, vary the trading hours for particular premises to which a nightclub licence relates that are situated in the Kosciusko National Park to allow trading until 3 am on a day (other than a restricted trading day).
(4)  The court may grant a variation under this section only if satisfied that to do so would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.
(5)  An application must not be granted under this section for an extension of trading hours unless the court is satisfied that practices are in place and will remain in place at the licensed premises that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises.
(6)  The court may, at any time on the application of the licensee, the local consent authority, the Director or the Commissioner of Police:
(a)  revoke a variation of trading hours granted under this section, or
(b)  grant a different variation of trading hours under subsection (2) or (3) (whichever is appropriate).
(7)  If an application under this section for extended trading hours is refused, or if an extension of trading hours is revoked or reduced:
(a)  on the application of the local consent authority, the Director or the Commissioner of Police, or
(b)  under section 104 (Quiet and good order of neighbourhood),
an application for an extension of trading hours for the same premises may not be made during the next 6 months, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the refusal, revocation or reduction was based.
(8)  An application for an extension of trading hours may be granted for a trial period of up to 6 months ending on a specified date and, on application made at least 1 month before that date, the court may:
(a)  confirm the extension of trading hours, or
(b)  postpone expiration of the trial period, or
(c)  refuse the application.
(9)  Nothing in this Act prevents the court from considering an application for a variation of trading hours under this section when considering the application for the grant of the nightclub licence concerned.
s 35D: Ins 1996 No 84, Sch 1 [14].
35E   Reduction of trading hours for certain nightclub licences
(1)  This section applies to a nightclub licence referred to in section 35C (1) or (2).
(2)  The court may, at any time on the application of the licensee, the local consent authority, the Director or the Commissioner of Police, impose a condition on a nightclub licence that reduces the hours after midnight during which the licensee may trade on a day.
(3)  The court may, on such an application, vary or revoke a condition imposed under this section.
(4)  An application for variation or revocation may not be made by or on behalf of the licensee for the same premises during the 6 months after the imposition of the condition, except with the leave of the court granted on the ground that there has been a material change in the facts or circumstances on which the imposition of the condition was based.
s 35E: Ins 1996 No 84, Sch 1 [14].
Division 4 Making of applications
36   Restrictions on liquor licence applications
(1)  This section does not apply to an application for a gaming-related licence.
(1A)  An application for a licence may be made by:
(a)  a natural person, or
(b)  a body corporate.
(1B)  An application for a licence may not be made by:
(a)  a natural person who is under the age of 18 years, or
(b)  a person who is disqualified from holding a licence or who holds a suspended licence.
(2)    (Repealed)
(3)  An application for an on-licence relating to premises within a university may be made only by a nominee of the university.
(4)    (Repealed)
(5)  Application may not be made for an off-licence in respect of a vessel or an aircraft or for the removal of an on-licence (other than an on-licence that relates to a restaurant and that is endorsed with a dine-or-drink authority).
(5A)  Application may not be made for a caterer’s licence where the commercial kitchen to be specified in the licence is on a vessel or an aircraft.
(5B)  Application may not be made for the removal of a caterer’s licence (that is, to change the commercial kitchen specified in the licence as the commercial kitchen to which the licence applies).
(6)  Where an application for the grant or removal of an off-licence to sell liquor by retail is refused upon an objection taken on the ground specified in section 45 (2) being upheld, application may not, within the period of 2 years that next succeeds the refusal, be made for the grant of such a licence relating to, or the removal of such a licence to:
(a)  the premises, or any part of the premises in relation to which the grant of a licence was refused, or
(b)  the premises, or any part of the premises to which the removal of a licence was refused.
(7)  Where an on-licence relating to a restaurant or a theatre, or a caterer’s licence, is cancelled, an application for a licence relating to the premises, or any part of the premises, to which the cancelled licence related may not be made within the period of 2 years that next succeeds the cancellation.
s 36: Am 1984 No 57, Sch 1 (8); 1987 No 176, Sch 1 (6); 1987 No 209, Sch 44; 1988 No 94, Sch 1 (6); 1989 No 130, Sch 1; 1993 No 28, Sch 1 (4); 1993 No 46, Sch 1; 1994 No 42, Sch 1 (9) (22); 1996 No 42, Sch 1 [7]; 1997 No 155, Schs 1 [7], 2 [8]; 1998 No 91, Sch 1 [7].
36A   Restrictions on applications for gaming-related licences
(1)  An application for a gaming-related licence may be made by a natural person or by a body corporate, subject to the restrictions in subsection (2).
(2)  The following restrictions apply as to who may apply for a gaming-related licence:
(a)  an application may not be made by a natural person who is under the age of 18 years,
(b)  an application may not be made by a person who is disqualified from holding a gaming-related licence or who holds a suspended gaming-related licence,
(c)  an application may not be made by a person who is within a class of persons prescribed by the regulations as being ineligible to apply for a gaming-related licence,
(d)  an application for an amusement device technician’s licence may not be made by a body corporate.
s 36A: Ins 1994 No 42, Sch 1 (23).
37   Making of application
(1)  An application under this Act shall be made and advertised as prescribed, shall be accompanied by the prescribed documents and shall be lodged as prescribed.
(1A)  An application for a dine-or-drink authority in respect of premises already licensed as a restaurant need not be advertised in a newspaper or in any other manner, except in so far as the regulations otherwise provide.
(2)  Where the venue for the hearing of the matter of an application to the court would not ordinarily be the prescribed place at which the application was lodged, the registrar for the prescribed place at which the application was lodged shall:
(a)  inform the applicant of the prescribed place that will be the venue for the hearing of the matter of the application, and
(b)  transmit to the registrar for that prescribed place the application and the papers relating thereto that are in his or her possession or under his or her control.
(3)  A failure to comply with subsection (2) does not operate to prevent the court from hearing and determining at such prescribed place as it thinks fit the matter of an application to which that subsection applies.
(4)  An application shall be accompanied by the amount of the prescribed fee for the application and, if the application is granted, the fee prescribed by section 56 is reduced by that amount.
(5)  Where, before an application for a licence or transfer of a licence is disposed of, a change occurs in the information provided in, or in connection with, the application (including information provided under this subsection) or in the documents lodged with the application, the applicant shall forthwith give the Principal Registrar a notice in writing specifying particulars for the change.
Maximum penalty: 20 penalty units.
(6)  For the purposes of subsection (5), an application is disposed of when the application is granted or refused. In the case of an application for transfer of a licence that is granted provisionally, the application is not disposed of until the provisional grant is confirmed by the court or it ceases to have effect.
(7)    (Repealed)
s 37: Am 1984 No 57, Sch 4 (2); 1986 No 81, Sch 1 (5); 1993 No 28, Schs 3 (8), 6 (1); 1996 No 41, Sch 1 [16] [17]; 1999 No 27, Sch 1 [8].
37A   On-licence to sell liquor at function—applicant for licence
An application for an on-licence to sell liquor at a function other than a trade fair may be made only by a person acting on behalf of, and with the authority of, a non-proprietary association and only in respect of a function of the association.
s 37A: Ins 1984 No 139, Sch 1. Am 1987 No 176, Sch 2 (5). Rep 1993 No 28, Sch 1 (2). Ins 1997 No 155, Sch 2 [9].
37B   On-licence to sell liquor at function (other than a trade fair)—application for licence or additional function
(1)  This section applies to:
(a)  an application for an on-licence to sell liquor at a function, or
(b)  an application for approval to conduct an additional function under a permanent on-licence (function),
being a function that is not a trade fair.
(2)  An application to which this section applies may be made only in respect of a function that:
(a)  is conducted under the auspices of the non-proprietary association concerned, and
(b)  is in conformity with the association’s constitution or any law that governs its activities, and
(c)  will directly promote specific objects or purposes of the association.
(3)  Except as provided by subsection (4), an application to which this section applies must be made no later than 28 days before any function to which the application relates is to be held.
(4)  The court or person determining an application to which this section applies may permit the application to be made at a later time than the period referred to in subsection (3), but only if satisfied that the special circumstances of the case warrant the shorter period.
(5)  An application to which this section applies may not be made if the date on which the function or any function to which the application relates is to be held is more than 18 months after the date of the application.
s 37B: Ins 1986 No 81, Sch 1 (6). Am 1990 No 28, Sch 2 (4). Rep 1993 No 28, Sch 1 (2). Ins 1997 No 155, Sch 2 [9].
37C   Community liquor licence—applicant for licence
An application for a community liquor licence may be made:
(a)  only by a person acting on behalf of, and with the authority of, a non-proprietary association, and
(b)  only if the licence is to be conducted under the auspices of the association, and
(c)  only if the conduct of the licence is in conformity with the association’s constitution or any law that governs its activities, and will directly promote specific objects or purposes of the association.
s 37C: Ins 1999 No 63, Sch 1 [22].
38   Affidavit as to interested persons
(1)  This section does not apply to or in respect of an application for an on-licence to sell liquor at a function or to or in respect of an application for a Governor’s licence or a special event licence.
(2)  An application:
(a)  for a licence, or
(b)  for removal of a licence, or
(c)  for transfer of a licence under section 42,
shall be accompanied by the affidavit referred to in subsection (3).
(3)  The affidavit specified in this subsection is an affidavit by a person having knowledge of the facts stating:
(a)  that the person has made all reasonable inquiries to ascertain the information required to complete the affidavit, and
(b)  whether there are any persons (other than financial institutions) who will be interested in the business, or the profits of the business, carried on under the licence, and
(c)  if there are any such persons, their names and dates of birth and, in the case of a proprietary company, the names of the directors and shareholders.
(4)  For the purposes of subsection (3), a person is interested in the business, or the profits of the business, carried on under the licence if the person is entitled to receive:
(a)  any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise), or
(b)  any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.
s 38: Am 1984 No 57, Sch 1 (9); 1984 No 139, Sch 2 (1); 1987 No 3, Sch 1 (4); 1987 No 176, Sch 2 (6); 1996 No 41, Sch 1 [18] [19]; 1996 No 42, Sch 1 [8]; 2001 No 73, Sch 1 [4].
39   (Repealed)
s 39: Am 1994 No 42, Sch 1 (10) (24). Rep 1996 No 42, Sch 1 [9].
40   Application for conditional grant
(1)  An application:
(a)  for a licence,
(b)  for removal of a licence,
(c), (d)    (Repealed)
(e)  under section 49 to modify or dispense with a requirement or condition for the provision of residential or other accommodation,
may be made as a conditional application if the premises to which the licence will relate, or to which the licence is to be removed, are premises proposed to be erected, or premises proposed to be added to or altered, in accordance with an approved plan lodged with the application or are premises already erected in respect of which there is lodged with the application any consent required under another Act for the proposed use, or proposed change of use, of the premises.
(2)  Where a conditional application is made by an employee of a corporation in the course of his or her employment by the corporation, the corporation may, with the approval of the court, at any time before the final grant of the application, substitute another employee of the corporation as the applicant.
(3)  Upon the prescribed notice being given to any objectors to an application that has been conditionally granted, and upon such terms as the court thinks fit, the court may hear and determine an application:
(a)  to amend a conditional grant, or
(b)  where the conditionally granted application relates to premises proposed to be erected—to approve an alternative site for the premises, being a site in the immediate vicinity of the site first approved.
(4)  Subsection (3) applies to a conditional grant that:
(a)  was made under the Liquor Act 1912 before its repeal or under this section before its amendment by the Liquor (Amendment) Act 1990, and
(b)  still had effect immediately before the commencement of that amendment,
in the same way as it applies to a conditional grant made under this Act.
(5)  Before granting a conditional application, the court may require to be lodged with the court a further approved plan that shows an amendment required by the court to be made to the approved plan or plans previously lodged in relation to the application.
(6)  In this section:
approved plan, in relation to proposed licensed premises, or a proposed addition to or alteration of licensed premises, means a plan of the proposed premises, or of the proposed addition or alteration, that is accompanied by any development consent required under the Environmental Planning and Assessment Act 1979 for the carrying out of the work represented by the plan, or evidence that such consent is not required.
(7)  In proceedings under this section, the court is not bound to hear any submission made or receive any evidence adduced by any person (other than the Director, the Commissioner of Police or the local consent authority):
(a)  as to whether any plan on which the applicant relies is or is not an approved plan, or
(b)  as to whether a development consent or certificate accompanying any plan on which the applicant relies was issued before or after the date of lodgment of the application, or
(c)  as to any alleged omission, error, defect or insufficiency in any such plan or any alleged discrepancy between the plan and any approved plan, or
(d)  generally as to any aspect of the validity or propriety of a plan or of any development consent or certificate accompanying it.
s 40: Am 1985 No 77, Sch 4 (2); 1989 No 91, Schs 1 (7), 5 (1); 1990 No 28, Sch 3 (1); 1995 No 11, Sch 1; 1999 No 63, Sch 1 [23]; 2001 No 73, Sch 1 [5].
41   Application for transfer of licence
(1)  Application for transfer of a licence (other than a gaming-related licence or an on-licence to sell liquor at a function or relating to premises within a university) may be made by the licensee and the proposed transferee, except where, in the case of a transfer of a licence to sell liquor at a function where the licence is held by the secretary of a non-proprietary association, it is desired to transfer the licence to a person who succeeds him or her in that office.
(2)  An application for the transfer of an on-licence relating to premises within a university may be made by a proposed transferee nominated for the purpose by the university.
(3)  Where a licence to sell liquor at a function is held by the secretary of a non-proprietary association and he or she is succeeded in that office by another person, a transfer of the licence to that successor may be made by lodging with the registrar, within the prescribed time:
(a)  the licence, and
(b)  a notification of the name of that successor.
(4)  An application under subsection (1) must be accompanied by the affidavit referred to in section 38 (3) (if applicable).
s 41: Am 1984 No 57, Sch 4 (3); 1989 No 130, Sch 1; 1993 No 28, Sch 1 (5); 1996 No 42, Sch 1 [10].
42   Application on dispossession of licensee
(1)  This section applies where a licence is current and:
(a)  the licensee is evicted from the licensed premises, or
(b)  to the exclusion of the licensee, the owner of the licensed premises comes into, or becomes entitled to, possession of the licensed premises.
(2)  Where this section applies, application for a transfer of the licence may be made:
(a)  where the licensed premises are the subject of a lease or contract with the owner of the premises pursuant to which the licence is exercised—by the owner of the premises, or
(b)  in any other case—by a person directly or indirectly interested in the exercise of the licence.
(2A)  The owner of licensed premises, or a person interested directly or indirectly in the exercise of the licence, who comes into possession of the premises is to be taken to be the licensee of the premises until:
(a)  the day that is 28 days after this section becomes applicable, or
(b)  the day on which application is made under subsection (2),
whichever first occurs.
(3), (4)    (Repealed)
(5)  Where an application is made under subsection (2) not later than 28 days after this section becomes applicable, the applicant is, until the application is heard and determined or otherwise disposed of, taken to be the licensee under the licence to which the application relates.
(6)  The court may not hear an application for transfer of a licence under this section unless, in the absence of special circumstances, it is satisfied:
(a)  that notice of the application was given to the dispossessed licensee at least 3 clear days before the hearing, or
(b)  that all reasonable steps necessary for giving notice in accordance with paragraph (a) were taken by or on behalf of the applicant and that failure to give the notice was not due to any neglect or default of the applicant or of any person employed by the applicant for the purpose of giving notice.
s 42: Am 1985 No 77, Sch 4 (3); 1986 No 16, Sch 23; 1989 No 226, Sch 1; 1993 No 28, Sch 3 (9); 1996 No 42, Sch 1 [11].
42A   Fee for application for transfer of licence
An application for a transfer of a licence under section 41 or 42 shall be accompanied by the amount of the prescribed fee for the application and, if the application is granted, the fee prescribed by section 61 (8) or (9), as the case may be, is reduced by that amount.
s 42A: Ins 1987 No 3, Sch 1 (5).
Division 4A Investigation of applications
pt 3, div 4A: Ins 1993 No 28, Sch 3 (10).
42B   Principal Registrar to refer certain applications to Director
(1)  A registrar (other than the Principal Registrar) with whom an application to the court for a licence, or for the transfer of a licence, is lodged is to refer the application to the Principal Registrar.
(2)  The Principal Registrar is to refer to the Director for investigation:
(a)  each application to the court for a licence, or for the transfer of a licence, that is lodged with the Principal Registrar or referred to the Principal Registrar by another registrar, and
(b)  any changes of which the Principal Registrar is notified under section 37 in relation to such an application.
(3)  This section does not apply to an application for a temporary on-licence (function) if the registrar with whom the application is lodged is satisfied that:
(a)  the applicant has successfully completed a course of training, approved by the Board, that promotes the responsible sale, supply and service of liquor, and
(b)  proper and responsible supervision and control over the sale and supply of liquor at the function will be maintained, and
(c)  practices will be in place at the licensed premises at all times while the function is being held that ensure, as far as reasonably practicable, that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises.
s 42B: Ins 1993 No 28, Sch 3 (10). Am 2000 No 62, Sch 1 [15].
42C   Investigations by Director
(1)  On receiving for investigation an application for a licence or for the transfer of a licence, the Director must carry out all such investigations and inquiries in relation to the applicant as are considered by the Director to be necessary for a proper consideration of the application and is to complete those investigations and inquiries within 6 months after the application was lodged.
(2)  In particular, the Director must refer to the Commissioner of Police details of the applicant together with any supporting information in relation to the applicant that the Director considers to be appropriate for referral to the Commissioner.
(3)  The Commissioner of Police is to inquire into, and report to the Director on, such matters concerning the applicant as the Director may request.
(4)  An application is to proceed to be dealt with even if any investigation, inquiry or report under this section in relation to the applicant has not been completed within 6 months after the application was lodged.
s 42C: Ins 1993 No 28, Sch 3 (10). Am 1994 No 42, Sch 1 (64).
42D   Director may require further information
(1)  The Director may, by notice in writing, require a person whose application for a licence, or for the transfer of a licence, has been referred to the Director, or may require a close associate of any such person, to do one or more of the following things:
(a)  provide, in accordance with directions in the notice, such information verified by statutory declaration as is relevant to the investigation of the application and is specified in the notice,
(b)  produce, in accordance with directions in the notice, such records as are relevant to the investigation of the application and permit examination of the records, the taking of extracts from them and the making of copies of them,
(c)  authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),
(d)  furnish to the Director such authorities and consents as the Director requires for the purpose of enabling the Director to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates.
(2)  A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
(3)  The court may refuse to hear an application if a requirement made under this section in relation to the application is not complied with.
s 42D: Ins 1993 No 28, Sch 3 (10) (am 1993 No 108, Sch 1). Am 1996 No 42, Sch 1 [12] [13].
Division 5 Objections to applications
43   Definition
In relation to removal of a licence, a reference in this Division to the premises to which an application relates is a reference:
(a)  in section 44—to both the premises from which, and the premises to which, if the application were granted, the licence would be removed, and
(b)  in any other case—to the premises to which, if the application were granted, the licence would be removed.
44   Right of objection to application
(1)  Subject to this Division, an objection to the grant of an application by the court may, as prescribed, be taken by:
(a)  the owner of the premises to which the application relates,
(b)  a person authorised in writing by 3 or more residents of the neighbourhood within which those premises are, or will be, situated or a person who is such a resident and is authorised in writing by 2 or more other such residents,
(c)  the Director,
(d)  the Commissioner of Police,
(e)  a person authorised by the local consent authority for the premises,
(f)  a person who satisfies the court that his or her interests, financial or other, are likely to be adversely affected by the grant of the application,
(g)  in the case of an application for removal of a hotelier’s licence—a lessee or mortgagee of the licensed premises or a sublessee of a lessee or sublessee thereof, or
(h)    (Repealed)
(i)  any other person with the leave of the court.
(1A)    (Repealed)
(2)  An objection may not be taken by a person referred to in subsection (1) (a), (b), (f) or (i) unless it is accompanied by an affidavit by the objector specifying:
(a)  whether he or she has any direct or indirect pecuniary interest in the refusal of the application or any expectation of such an interest, and
(b)  whether any person other than the objector is interested in the lodging of the objection and, if so:
(i)  the name of each such person, and
(ii)  where that person is a proprietary company—the names of the directors and principal shareholders.
s 44: Am 1990 No 28, Sch 2 (5); 1993 No 28, Sch 3 (11); 1995 No 11, Sch 1; 1995 No 34, Sch 1 [8]–[10]; 1996 No 41, Sch 1 [9].
45   Grounds of objection
(1)  Objection to the grant of an application may be taken on one or more of the following grounds:
(a)  that the applicant is not a fit and proper person to be the holder of a licence,
(a1)  that a person who is, was or will be a close associate of the applicant is not a fit and proper person to be a close associate of the holder of a licence,
(a2)  in the case of an application for the grant of a licence to a body corporate—that a person who occupies a position of authority in the body is not a fit and proper person to occupy such a position in a body that is to be the holder of a licence,
(b)    (Repealed)
(c)  that, for reasons other than the grounds specified in paragraphs (a) and (a1) and subsections (2), (2AA), (2A) and (3), it would not be in the public interest to grant the application.
(2)  Subject to section 57, objection to the grant of an application for, or for the removal of, a hotelier’s licence or an off-licence to sell liquor by retail may be taken (whether or not an objection is also taken on a ground specified in subsection (1), (2AA) or (3)) on the ground that the needs of the public in the neighbourhood of the premises to which the application relates can be met by facilities for the supply of liquor existing in, and outside, the neighbourhood.
(2AA)  Objection to the grant of an application for, or for the removal of, a hotelier’s licence may be taken (whether or not an objection is also taken on a ground specified in subsection (1), (2) or (3)) on the ground that:
(a)  the primary purpose of the business to be conducted under the authority of the licence to which the application relates is not the sale of liquor by retail, or
(b)  the proposed use of approved gaming devices on the premises to which the application relates will detract unduly from the character of the premises or from the enjoyment of persons ordinarily resorting to the premises (otherwise than for gaming).
(2A)  An objection to the grant of an application for, or the removal of, a nightclub licence may be taken on the ground that the costs to the public in granting the licence will outweigh the benefit to the public (whether or not an objection is also taken on a ground specified in subsection (1) or (3)).
(3)  In addition to, or instead of, a ground specified in subsection (1) but without limiting its generality, objection to the grant of an application may be taken on one or more of the following grounds:
(a)  that the applicant (or a person who occupies a position of authority in a body corporate that is the applicant) is habitually intoxicated,
(b)  that, within a period of 12 months that last preceded the date of the application:
(i)  the licence of the applicant (or a person who occupies a position of authority in a body corporate that is the applicant) was cancelled,
(ii)  the applicant (or a person who occupies a position of authority in a body corporate that is the applicant) was convicted of selling liquor without a licence or of selling adulterated liquor, or
(iii)  the applicant (or a person who occupies a position of authority in a body corporate that is the applicant) was convicted of an offence under section 116B (2),
(c)  that the premises to which the application relates do not have the minimum standard of accommodation prescribed by this Act for premises of that kind,
(d)  that the premises to which the application relates are in the immediate vicinity of, or of a site acquired for, a place of public worship, a hospital or a public school,
(e)  that the quiet and good order of the neighbourhood in which are situated the premises to which the application relates will be disturbed if the application is granted,
(f)  that a requirement of the Director made under this Act in relation to the application and specified in the objection has not been complied with.
(g)    (Repealed)
(4)  Where an objection to an application is taken on a ground referred to in subsection (1) (a), (a1) or (a2), (2), (2AA) or (2A), the onus is on the applicant to satisfy the court:
(a)  in the case of an objection on the ground specified in subsection (1) (a)—that the applicant is a fit and proper person to be the holder of a licence,
(a1)  in the case of an objection on the ground specified in subsection (1) (a1)—that the person to whom the objection relates is a fit and proper person to be a close associate of the holder of a licence,
(a2)  in the case of an objection specified in subsection (1) (a2)—that the person to whom the objection relates is a fit and proper person to occupy a position of authority in a body corporate that is to be the holder of a licence, or
(b)    (Repealed)
(c)  in the case of an objection on the ground specified in subsection (2)—that the needs of the public in the neighbourhood of the premises to which the application relates cannot be met by facilities for the supply of liquor existing in, and outside, the neighbourhood, or
(c1)  in the case of an objection on the ground specified in subsection (2AA) (a)—that the primary purpose of the business to be conducted under the authority of the licence to which the application relates is the sale of liquor by retail, or
(c2)  in the case of an objection on the ground specified in subsection (2AA) (b)—that the proposed use of approved gaming devices on the premises to which the application relates will not detract unduly from the character of the premises or from the enjoyment of persons ordinarily resorting to the premises (otherwise than for gaming), or
(d)  in the case of an objection on the ground specified in subsection (2A)—that the benefit to the public in granting the application will outweigh the costs to the public.
(5)  In addition to, or instead of, a ground specified in subsection (1), objection to the grant of a gaming-related licence may be taken on one or more of the following grounds:
(a)  that, during the period of 12 months that last preceded the making of the application, the applicant was convicted of carrying on an activity without being the holder of a licence required for the lawful carrying on of the activity,
(b)  that a licence held by the applicant was cancelled during the period of 12 months that last preceded the making of the application,
(c)  that section 37 (5) has not been complied with,
(d)  that a requirement of the Director made under this Act in relation to the application and specified in the objection has not been complied with.
(6)  Objection to the granting of an application for a minors functions authority may be taken:
(a)  if the licensed premises are a hotel, on the ground that any part of the licensed premises in which liquor is ordinarily sold, supplied or disposed of or consumed or in which approved amusement devices are ordinarily kept is not capable of being physically separated from the proposed function areas or access areas to be designated by the functions authority in accordance with section 111A, or
(b)  on the ground that the sanitary conveniences on the licensed premises are not adequate or are not suitably located for use by persons attending the function areas, or
(c)  if the licensed premises are a hotel, on the ground that any part of the licensed premises in which liquor is ordinarily sold, supplied or disposed of or consumed or in which approved amusement devices are ordinarily kept is not capable of being physically separated from the part of the premises through or by means of which it would be necessary for a person attending such a function to pass in order to access any sanitary conveniences provided, or
(d)  on any other ground.
(7)  Without limiting the factors to which a court may have regard in determining the primary purpose of the business conducted under the authority of the licence, or the impact of the use of approved gaming devices, for the purposes of dealing with an objection on either of the grounds specified in subsection (2AA), the court may have regard to any or all of the following:
(a)  the proposed or actual physical layout of facilities at the premises, including the positioning of any approved gaming devices kept, used or operated on the premises,
(b)  the general manner in which gaming is or is to be conducted at the premises,
(c)  the advertising of the premises, and of the availability of gaming facilities at the premises (including, for example, whether the premises are advertised as a hotel or as premises where gaming devices are kept, used or operated).
s 45: Am 1984 No 57, Sch 1 (10); 1984 No 139, Sch 2 (2); 1986 No 81, Sch 1 (7); 1987 No 209, Sch 44; 1993 No 28, Schs 1 (6), 3 (12); 1993 No 108, Sch 2; 1994 No 42, Sch 1 (25); 1996 No 42, Sch 1 [14]–[19]; 1996 No 43, Sch 1 [3]; 1996 No 84, Sch 1 [15]–[18]; 1998 No 151, Sch 1 [4]–[9]; 1999 No 12, Sch 1 [2] [3]; 1999 No 31, Sch 2.21 [2] [3]; 1999 No 63, Sch 1 [24].
46   Taking of objection
(1)  An objection under section 45 may be taken only by a written notice of objection that:
(a)  is signed by each objector and specifies his or her address, and
(b)  where a ground for the objection is a ground specified in section 45 (1)—specifies the reasons why the objector considers:
(i)  in the case of an objection on the ground specified in section 45 (1) (a)—that the applicant is not a fit and proper person to be the holder of a licence,
(ia)  in the case of an objection on the ground specified in section 45 (1) (a1)—that the person to whom the objection relates is not a fit and proper person to be a close associate of the holder of a licence,
(ib)  in the case of an objection specified in section 45 (1) (a2)—that the person to whom the objection relates is not a fit and proper person to occupy a position of authority in a body corporate that is to be the holder of a licence, or
(ii)    (Repealed)
(iii)  in the case of an objection on the ground specified in section 45 (1) (c)—that it would not be in the public interest to grant the application.
(2)  Except as provided by subsection (3), an objection may not be heard and determined unless a copy of the notice of objection has been given to the applicant and the registrar at least 3 clear days before the hearing of the application.
(3)  Notwithstanding subsection (2), the court may, in a proper case and subject to compliance with any conditions imposed by the court, hear and determine an objection to the grant of an application taken at the hearing of the application subject to the hearing, if the applicant so requests, being adjourned for such period of not less than 3 clear days as the court thinks fit.
(4)  When hearing and determining an objection, the court must admit into evidence and consider any relevant findings of a court, a tribunal or a Royal Commission, the Independent Commission Against Corruption or other commission of inquiry or a coroner in any investigation, inquiry or other proceeding if those findings have been publicly released and are brought to the attention of the court.
s 46: Am 1984 No 139, Sch 2 (3); 1987 No 209, Sch 44; 1994 No 42, Sch 1 (26); 1996 No 42, Sch 1 [20]–[23].
47   Grant of application is discretionary in certain cases
(1)  Notwithstanding a finding by the court that a ground of objection to the grant of an application specified in section 45 (1) (a1), (2) or (3) (a)–(e) has been made out, the court has a discretion to grant the application.
(1A)  The court may grant an application even though a ground of objection to the grant of the application has been made out under section 45 (3) (f) or (5) (d), but only if the court is satisfied that reasonable cause has been shown for the failure to comply with the requirement concerned.
(2)  Notwithstanding that an objection to the grant of an application for a licence on the ground specified in section 45 (1) (a), (a1) or (a2) has not been taken or made out, the court may refuse the application if it finds, after subsection (3) has been complied with:
(a)  that the applicant is not a fit and proper person to be the holder of a licence, or
(a1)  that a person who is, was or will be a close associate of the applicant is not a fit and proper person to be a close associate of the holder of a licence, or
(a2)  in the case of an application for the grant of a licence to a body corporate—that a person who occupies a position of authority in the body is not a fit and proper person to occupy such a position in a body that is to be the holder of a licence.
(b)    (Repealed)
(3)  A finding under subsection (2) may not be made unless:
(a)  the applicant has been made aware of reasons for the possibility of such a finding,
(b)  the applicant has been given an opportunity to make submissions, and adduce evidence related to those reasons, and
(c)  those reasons are, or are included in, the reasons for the finding.
s 47: Am 1985 No 77, Sch 4 (4); 1986 No 81, Sch 1 (8); 1990 No 108, Sch 2; 1993 No 28, Sch 3 (13); 1994 No 42, Sch 1 (27); 1996 No 42, Sch 1 [24]–[28].
47A   Refusal of application—responsible service standards
The court is to refuse an application for a licence unless satisfied that practices will be in place at the licensed premises as soon as the licence is granted that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and that those practices will remain in place.
s 47A: Ins 1996 No 41, Sch 1 [20].
Division 6 Grant of applications
48   Application of Division
(1)  Subject to sections 58 and 60, the provisions of this Division apply to and in respect of the conditional grant of an application in the same way as they apply to and in respect of the unconditional grant of an application of the same kind.
(2)  The requirements of this Division relating to premises apply to and in respect of a conditional application as if the premises to which the conditional application relates had been erected or, as the case may be, added to or altered, in accordance with the plans upon which the application is based.
s 48: Am 1990 No 28, Sch 3 (2).
49   Grant of hotelier’s licence—accommodation
(1)  An application for a hotelier’s licence may not be granted unless the premises to which the application relates contain at least:
(a)  such reasonable accommodation, if any, for the licensee and his or her family as the court thinks necessary,
(b)  such sanitary facilities for the use of customers as the court thinks necessary,
(c)  such accommodation for motor vehicles as the court thinks necessary, and
(d)  constantly ready and fit for public accommodation such residential accommodation, if any, and other facilities as the court thinks necessary having regard to the neighbourhood in which the premises are situated and such other matters as the court thinks relevant.
(2)  Upon application by the applicant for, or holder of, a hotelier’s licence, the court may modify or dispense with any requirement or condition for the provision of accommodation referred to in subsection (1) (a), (c) or (d) on the licensed premises or premises to which it is proposed to remove the licence.
49A   Grant of hotelier’s licence—operations involving approved gaming devices
(1)  An application for a hotelier’s licence may not be granted unless the court is satisfied that:
(a)  the primary purpose of the business to be conducted under the authority of the licence to which the application relates is the sale of liquor by retail, and
(b)  any proposed use of approved gaming devices on the premises will not detract unduly from the character of the premises or from the enjoyment of persons ordinarily resorting to the premises (otherwise than for gaming).
(2)  Without limiting the factors to which the court may have regard in determining the primary purpose of the business conducted under the authority of the licence, or the impact of the use of approved gaming devices, the court may have regard to any or all of the following:
(a)  the proposed or actual physical layout of facilities at the premises, including the positioning of any approved gaming devices kept, used or operated on the premises,
(b)  the general manner in which gaming is to be conducted at the premises,
(c)  the advertising of the premises, and of the availability of gaming facilities at the premises (including, for example, whether the premises are advertised as a hotel or as premises where gaming devices are kept, used or operated).
s 49A: Ins 1998 No 151, Sch 1 [10].
49B   Grant of community liquor licence
(1)  An application for a community liquor licence may not be granted unless the court is satisfied that:
(a)  the premises to which the application relates are not within an area referred to in Schedule 5 (Metropolitan areas—dine-or-drink authorities and community liquor licences), and
(b)  the premises to which the application relates have proper facilities available for the sale, supply and consumption of liquor, and
(c)  there is no hotel operating in or in the vicinity of the neighbourhood that will be served by the community liquor licence, due to a hotel ceasing to operate or the removal of a hotel licence to premises outside the neighbourhood, and
(d)  there is no venue in or in the vicinity of the neighbourhood that will be served by the community liquor licence that provides the facilities proposed to be provided under the community liquor licence, and
(e)  there is support in the community for the grant of the licence, and
(f)  the granting of the application will not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the premises to which the application relates.
(2)  An application to remove a community liquor licence must not be granted unless the court is satisfied that the removal is to a place within the neighbourhood of the premises from which it is proposed to remove the licence.
s 49B: Ins 1999 No 63, Sch 1 [25].
49C   Grant of off-licence (retail)
(1)  An application for, or to remove, an off-licence to sell liquor by retail that relates to a business whose primary purpose is not the sale of liquor may only be granted if the court is satisfied that:
(a)  the sale of liquor under the licence will take place in an area of the premises (the liquor sales area) that is adequately separated from other areas of the premises in which other activities are carried on, and
(b)  the principal activity to be carried on in the liquor sales area will be the sale of liquor.
(2)  An application for, or to remove, an off-licence to sell liquor by retail that relates to a convenience store or service station may not be granted unless the court is satisfied that:
(a)  in the neighbourhood of the premises to which the application relates, no other take-away liquor service is reasonably available to the public, and
(b)  the grant of the licence would not encourage drink-driving or other liquor-related harm.
(3)  In this section:
convenience store means a building or place having a retail floor area of not more than 240 square metres used for the purpose of selling, exposing or offering for sale by retail principally groceries, smallgoods and associated small items which is open for business in the interests of public convenience at hours beyond the trading hours of an off-licence, as prescribed by section 26 (2).
service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products whether or not the building or place is also used for the sale by retail of any other products.
s 49C: Ins 1999 No 63, Sch 1 [25]. Am 2000 No 62, Sch 1 [16].
50   Grant of on-licence (airport)
An application for an on-licence relating to an airport shall not be granted unless the court is satisfied that the premises to which the application relates:
(a)  are situated within an airport, and
(b)  have proper facilities available therein for the sale, supply and consumption of liquor.
s 50: Am 1995 No 11, Sch 1.
51   Grant of on-licence to sell liquor at function or of approval for additional function
(1)  An application for a permanent on-licence (function), a temporary on-licence (function) or approval to conduct an additional function under a permanent on-licence (function) may be granted by the court or:
(a)  in the case of a temporary on-licence (function) to which no objection is made, by the registrar, or
(b)  in the case of an approval to conduct an additional function under a permanent on-licence (function) to which no objection is made, by the Principal Registrar.
(2)  An application for a permanent on-licence (function) must not be granted unless the court is satisfied that more than 3 functions are proposed to be held, under the authority conferred by the licence, within the first year during which the licence is in force.
(3)  An application for a temporary on-licence (function) or for approval to conduct an additional function under a permanent on-licence (function) must not be granted unless the court or person granting the application:
(a)  is satisfied that both the local consent authority and the local police have been provided, in such manner (if any) as is prescribed by the regulations, with a copy of the application, or
(b)  is satisfied that, in the circumstances of the case, it is not necessary for the local consent authority or police to be given a copy and has waived that requirement.
(4)  An application for a permanent on-licence (function), a temporary on-licence (function) or approval to conduct an additional function under a permanent on-licence (function) may not be granted if it is proposed to sell or supply liquor at the function concerned after midnight, unless the court or person determining the application is satisfied that the granting of the application will not result in undue disturbance of the quiet and good order of the neighbourhood of the licensed premises.
(5)  An applicant for approval to conduct an additional function under a permanent on-licence (function) may be required to provide a description of the additional function, state the date on which it is to be held and provide such other information as the court or person determining the application may require.
(6)  An application for an on-licence to sell liquor at a function or for approval to conduct an additional function under a permanent on-licence (function) must not be granted unless the court or person determining the application is satisfied that any approval required under Part 1 of Chapter 7 of the Local Government Act 1993 in respect of the premises to which the application relates is in force.
s 51: Am 1987 No 3, Sch 1 (6). Subst 1997 No 155, Sch 2 [10].
51A   Functions authorised by permanent on-licence (function)
(1)  A permanent on-licence (function) authorises the sale and supply of liquor at:
(a)  functions that are specified in the licence when granted, and
(b)  additional functions that are approved after the licence has been granted, and
(c)  if the licence is held by a racing club or surf life saving club—additional functions at which the sale and supply of liquor is permitted by subsection (3B) or (3C).
(2)  The number of functions at which liquor may be sold or supplied under the licence is not to exceed the following limits:
(a)  not more than 1 function during any period of 7 days and not more than 26 functions during any period of one year,
(b)  such other limits as to the number of functions as may be specified by the court in relation to the licence.
(3)  The Principal Registrar, when acting under the power conferred by section 51 (1) (b), may not exceed any limits specified under subsection (2) (a).
(3A)  A reference in subsection (2) (a) to a function does not include a reference to a function permitted by subsection (3B) or (3C).
(3B)  Liquor may be sold or supplied under a licence held by a racing club at functions held on any days on which the club holds race meetings or operates a betting auditorium authorised under section 24 of the Racing Administration Act 1998, or on which betting authorised by section 8 (6) (f) of the Unlawful Gambling Act 1998 takes place at premises occupied by the club.
(3C)  Liquor may be sold or supplied under a licence held by a surf life saving club at functions, of which notice has been given in accordance with subsection (3D), held on any Saturday, Sunday or public holiday (other than a restricted trading day) in connection with or following an activity associated with the conduct or administration of surf life saving.
(3D)  Notice in writing of a function referred to in subsection (3C) must be given to the Commissioner of Police, the Director and the council in whose area (within the meaning of the Local Government Act 1993) the function is to be held, at least 14 days before the day of the function.
(3E)  A licence held by a surf life saving club is subject to the following conditions in respect of each function referred to in subsection (3C):
(a)  the function must be held on club premises (and if the club has several premises, only on its principal premises) and the only participants must be members of the club and their guests, and
(b)  the licensee must ensure that a register is kept on the premises, in which such details as the Director may require concerning any such function are recorded, and
(c)  the function must have been approved by resolution recorded in the records of the governing body of the club, and
(d)  food of a nature and quantity consistent with the responsible sale, supply and service of alcohol must be made available whenever liquor is made available at the function, and
(e)  liquor must not be made available at the function at any time before 12 noon or after 10 pm on the day on which the function is held, and
(f)  liquor must not be made available at the function for a period of more than 4 hours, and
(g)  all persons engaged in the sale, supply or service of liquor at the function must have successfully completed a course of training, approved by the Board, that promotes the responsible sale, supply and service of liquor, and
(h)  the licensee and persons engaged in the sale, supply or service of liquor at the function must take all reasonable steps to ensure that no liquor is available at the function to any person under the age of 18 years, and
(i)  the licensee must ensure that adequate adult supervision is maintained at any time when persons under the age of 18 years are on the premises while the function is being held, and
(j)  police officers and special inspectors are to be permitted full and free access to the premises where the function is held, and to the register referred to in paragraph (b), at all times while the function is being held.
(4)  The licence is subject to:
(a)  a condition that the licensee must ensure that liquor is sold or supplied in accordance with any regulations made for the purposes of section 125C, and
(b)  a condition that the licensee must not permit activities that encourage misuse or abuse of liquor (such as binge drinking or excessive consumption), and
(c)  such other conditions as may be prescribed by the regulations, or as are imposed by the court when granting the licence or by the Principal Registrar when granting an approval to conduct an additional function.
(5)  An approval to conduct additional functions under the licence has effect as if it were part of the authority conferred under the licence.
(6)  Any condition in force under this section in relation to an additional function is, for the purposes of this Act, taken to be a condition to which the permanent on-licence (function) is subject.
(7)  The premises at which an additional function is being held are, for the purposes of this Act, taken to be licensed premises when the additional function is being held.
s 51A: Ins 1997 No 155, Sch 2 [10]. Am 1998 No 151, Sch 1 [11]; 1999 No 27, Sch 1 [9] [10]; 2000 No 62, Sch 1 [17].
51B   Functions authorised by temporary on-licence (function)
(1)  The authority conferred by a temporary on-licence (function) is limited to the function or functions to which the licence relates. The function or functions are to be specified by the court or registrar when granting the licence.
(2)  The licence is subject to:
(a)  a condition that the licensee must ensure that liquor sold or supplied under the authority of the licence is sold or supplied in accordance with any regulations made for the purposes of section 125C, and
(b)  a condition that the licensee must not permit activities at the function or functions to which the licence relates that encourage misuse or abuse of liquor (such as binge drinking or excessive consumption), and
(c)  such other conditions as are prescribed by the regulations, or as are imposed by the court or the registrar when granting the licence.
s 51B: Ins 1997 No 155, Sch 2 [10]. Am 1998 No 151, Sch 1 [12].
52   Grant of on-licence (public hall)
An application for an on-licence relating to a public hall shall not be granted unless the court is satisfied that the premises to which the application relates:
(a)  have adequate fittings, furniture and equipment for the accommodation of at least 300 persons at one and the same time, and
(b)  have proper facilities available therein for the sale, supply and consumption of liquor.
53   Grant of on-licence (restaurant) and associated matters
(1)  An application for an on-licence relating to a restaurant shall not be granted unless:
(a)  the court is satisfied that the premises to which the application relates are, or are to be, operated as a bona fide restaurant, and
(b)  the court is satisfied:
(i)  that sanitary facilities for the use of customers meet the requirements of any development consent or complying development certificate (within the meaning of the Environmental Planning and Assessment Act 1979) required to be granted in respect of the use of the premises as a restaurant, or
(ii)  if no such consent or certificate is required for the premises to be so used—that sufficient sanitary facilities for the convenient use of customers are located within, or in immediate proximity to, the restaurant.
(2)  Where an on-licence is granted in relation to a restaurant that forms a contiguous part of a motel that contains not less than the prescribed number of bedrooms of a good standard each of which has separate sanitary and bathing facilities, the court may define the licensed premises to include the motel.
(3)  An application for an on-licence relating to a restaurant is not to be granted where any sanitary facilities for the restaurant are proposed by the applicant for the licence to be located in immediate proximity to the restaurant (and not within the restaurant) unless the court is satisfied that:
(a)  there are special circumstances that prevent those facilities being located within the restaurant, and
(b)  the facilities are sufficiently near to the restaurant for convenient use by its patrons, and
(c)  the facilities will be fully accessible to the patrons during the trading hours of the restaurant, and
(d)  the safety of patrons will not be jeopardised by reason of the location of the facilities, and
(e)  the applicant for the on-licence has entered into a written agreement or made other appropriate arrangements with the owner or occupier of the premises in which the facilities are located for the maintenance of the cleanliness of the facilities during the trading hours of the restaurant, and
(f)  the grant of the licence is necessary to meet the needs of tourists and tourism or other special needs.
(4)  An application for the endorsement of an on-licence relating to a restaurant with a dine-or-drink authority or to remove a licence endorsed with such an authority is not to be granted unless the court is satisfied that:
(a)  the granting of the application would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the premises to which the application relates, and
(b)  practices are or will be in place and will remain in place at the premises that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and
(c)  the premises will at all relevant times be operated consistently with the primary purpose of the premises, as referred to in section 23 (2A), and
(d)  the premises have the proper facilities for a restaurant, including facilities to support that primary purpose and facilities for the sale, supply and consumption of liquor, and
(e)  practices are or will be in place and will remain in place at the premises that ensure that no more than 30 per cent of the seated dining positions available in the restaurant will be allocated to persons not dining at the premises.
(5)  An application to remove an on-licence that relates to a restaurant and that is endorsed with a dine-or-drink authority must not be granted unless the court is satisfied that the removal is to a place within the neighbourhood of the premises from which it is proposed to remove the licence.
s 53: Am 1987 No 176, Sch 2 (7); 1994 No 42, Sch 1 (37); 1998 No 91, Sch 1 [8] [9]; 1999 No 63, Sch 1 [26] [27]; 2000 No 62, Sch 1 [18].
53A   Grant of motel licence
An application for a motel licence must not be granted unless the court is satisfied that the premises concerned are to be operated as a bona fide motel.
s 53A: Ins 1994 No 42, Sch 1 (4).
54   Grant of on-licence (theatre)
An application for an on-licence relating to a theatre must not be granted unless the court is satisfied that the premises to which the application relates:
(a)  are a theatre (other than a drive-in theatre or an open-air theatre), and
(b)  are primarily and regularly used for entertainments of the stage or for cinematographic entertainment, or both, and
(c)  have proper facilities to operate as a theatre (for example, appropriate seating having regard to the size and location of the stage or screen), and
(d)  have proper facilities available for the sale, supply and consumption of liquor, and
(e)  meet such other requirements as the court thinks relevant.
s 54: Am 1993 No 28, Sch 3 (14). Subst 1996 No 84, Sch 1 [19].
54A   Limitation of on-licences for university
An application for an on-licence for premises within a university shall not be granted unless the court is satisfied:
(a)  that membership of the union, association or club that occupies the premises is open to the whole of the student body of the university, and
(b)  that the licensed premises will be available for use by a member of the student body (whether or not a member of the union, association or club) at all times at which it is available for use by any other member of the student body.
s 54A: Ins 1985 No 77, Sch 1 (5). Am 1989 No 130, Sch 1.
54B   Grant of caterer’s licence
(1)  An application for a caterer’s licence must not be granted unless the court is satisfied that:
(a)  the principal business of the applicant, and the principal business of any person or body on whose behalf the applicant will hold the licence, is or is proposed to be that of providing catering services for fee, gain or reward, and
(b)  the applicant has such skills, qualifications and experience, and has undergone such training, as may be prescribed by the regulations as necessary for the holder of a caterer’s licence, and
(c)  the applicant is or will be the occupier of a commercial kitchen which satisfies any applicable standards and requirements determined by the Board for commercial kitchens and for access to the kitchen by the licensee.
(2)  A caterer’s licence must specify, as the commercial kitchen to which the licence applies, the commercial kitchen occupied by the licensee as referred to in subsection (1). A particular commercial kitchen may not be specified in more than one caterer’s licence.
(3)  The Board may determine standards and requirements for commercial kitchens, or different classes of commercial kitchens, and for access to commercial kitchens, for the purposes of this section.
s 54B: Ins 1987 No 176, Sch 1 (7). Subst 1994 No 42, Sch 1 (11). Am 1999 No 63, Sch 1 [28].
54BA   Grant of nightclub licence
(1)  An application for a nightclub licence or to remove a nightclub licence must not be granted unless the court is satisfied that:
(a)  the benefit to the public in granting the application will outweigh the costs to the public, and
(b)  the granting of the application would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the premises to which the application relates, and
(c)  an approval is in force in respect of the premises under Part 1 of Chapter 7 of the Local Government Act 1993 for the use of the premises as a place of public entertainment, and
(d)  the premises contain at least such sanitary and other facilities for the use of customers as the court thinks necessary having regard to the neighbourhood in which the premises are situated and such other matters as the court thinks relevant, and
(e)  practices are or will be in place and will remain in place at the premises that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises.
(1A)  Where a nightclub licence is granted in relation to a nightclub that forms a contiguous part of a motel that contains not less than the prescribed number of bedrooms of a good standard each of which has separate sanitary and bathing facilities, the court may define the licensed premises to include the motel.
(2)  An application for a nightclub licence or to remove a nightclub licence must not be granted unless:
(a)  the court is satisfied that adequate staff, fittings, furniture, equipment and accommodation are, or will be, available on the premises to which the application relates for the supply of meals at one and the same time for at least 50 persons, or
(b)  if the court is not satisfied as to the matters specified in paragraph (a), a condition is imposed on the licence that liquor must not be sold or supplied on the premises during the period between noon and 8 pm on a day other than a restricted trading day, or between noon and 10 pm on a restricted trading day.
(3)  An application to remove a nightclub licence must not be granted unless the removal is to a place that is within the neighbourhood of the premises from which it is proposed to remove the licence.
(4)  In determining the costs to the public in granting a nightclub licence, or the removal of a nightclub licence, the court may take into account (but is not limited to) any of the following:
(a)  any social cost, for example, the potential disturbance to the amenity of the neighbourhood in which the licensed premises will be situated,
(b)  any additional demand for public services, such as police services, health services or services provided by local councils,
(c)  any adverse impact on existing businesses in the neighbourhood.
(5)  In determining the benefits to the public in granting a nightclub licence, or the removal of a nightclub licence, the court may take into account (but is not limited to) any of the following:
(a)  whether the members of the public who reside in or frequent the neighbourhood in which the licensed premises will be situated will benefit from an additional entertainment venue,
(b)  whether the granting of the application will result in an increased choice of entertainment for tourists and the public generally,
(c)  whether the granting of the application will result in increased competition or government revenue, or both.
(6)  An application for the endorsement of a nightclub licence with a dine-or-drink authority or to remove a licence endorsed with such an authority is not to be granted unless the court is satisfied that:
(a)  the granting of the application would not result in the frequent undue disturbance of the quiet and good order of the neighbourhood of the premises to which the application relates, and
(b)  practices are or will be in place and will remain in place at the premises that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and
(c)  the primary purpose of the premises when entertainment is not being provided is to be a restaurant and the premises will at all relevant times be operated consistently with that primary purpose, and
(d)  the premises have the proper facilities for a restaurant, including facilities to support that primary purpose and facilities for the sale, supply and consumption of liquor, and
(e)  practices are or will be in place and will remain in place at the premises that ensure that no more than 30 per cent of the seated dining positions available when the premises are being operated as a restaurant will be allocated to persons not dining at the premises.
s 54BA: Ins 1996 No 84, Sch 1 [20]. Am 1999 No 63, Sch 1 [29] [30].
54C   Application to be refused if name objectionable
An application for a licence is to be refused if the court is of the opinion that the proposed name for the licensed premises is objectionable, inappropriate or misleading or is a name that is a prohibited name for the licensed premises under section 91 (Name of licensed premises).
s 54C: Ins 1994 No 42, Sch 1 (45).
55   Issue of licence
(1)  Where the court grants an application for a licence or is authorised by the Governor or the Minister to issue a licence, the licence may be issued by the registrar or by the Principal Registrar but is not to be issued unless the fee (if any) prescribed by section 56 is paid to the registrar or the Principal Registrar and any condition without prior compliance with which the grant or authority does not have effect has been complied with.
(2)  A grant of, or authority to issue, a licence does not have effect while the issue of the licence is prohibited by subsection (1) or while a stay under subsection (4) is in force.
(3)  Where a registrar grants an application for a licence, the licence shall be issued by the registrar on payment to the registrar of the fee prescribed by section 56 for the licence.
(3A)  A grant of, or an authority to issue, a licence is cancelled after 3 months if the fee prescribed under section 56 has not been paid.
(4)  The court may stay the issue of a licence:
(a)  until the expiration of the period within which an appeal against the adjudication granting the licence may be made or the expiration of the period of 1 month that next succeeds the adjudication, whichever is the later, and
(b)  where such an appeal is lodged—until the appeal is heard and determined or otherwise disposed of,
and may at any time terminate such a stay.
(5)  In its application to a hotelier’s licence, an off-licence to sell liquor by retail or a nightclub licence, this section has effect subject to section 55A.
s 55: Am 1985 No 77, Sch 4 (5); 1987 No 3, Sch 1 (7); 1993 No 28, Sch 3 (15); 1994 No 42, Sch 1 (48); 1997 No 155, Sch 1 [8]; 2000 No 62, Sch 1 [19]; 2001 No 73, Sch 1 [6].
55A   Issue of licence on instalment plan
(1)  This section applies to a hotelier’s licence, an off-licence to sell liquor by retail and a nightclub licence.
(2)  The licence:
(a)  is not to be issued if one-quarter of the fee prescribed by section 56 has not been paid within 3 months after the licence is granted, and
(b)  is not to be issued until one-quarter of that fee has been paid, and
(c)  is automatically cancelled on the first anniversary of its grant if any part of that fee remains unpaid at that date.
(3)  If the licence is cancelled under subsection (2) (c), amounts paid toward the fee for the licence are not refundable to the applicant.
s 55A: Ins 2000 No 62, Sch 1 [20].
56   Fee for grant of licence
(1)  Subject to this section, the prescribed fees for the granting of licences are as follows:
(a)  in the case of a hotelier’s licence—the fee fixed by the Board for the licence,
(a1)  in the case of a community liquor licence—$500,
(b)  in the case of an off-licence to sell liquor by retail—such fee as is fixed by the Board for the licence,
(c)  in the case of an off-licence for a vigneron—$1,000,
(d)  in the case of an off-licence to sell liquor to persons authorised to sell liquor—$2,000,
(e)  in the case of an off-licence for a brewer—$2,000,
(f)  in the case of an off-licence to auction liquor—such fee, not exceeding $2,000, as is fixed by the Board for the licence,
(g)  in the case of an on-licence relating to premises at an airport—$500,
(h)  in the case of a permanent on-licence (function)—$500,
(i)  in the case of an on-licence relating to a public hall—$500,
(j)  in the case of an on-licence relating to a restaurant:
(i)  where the application granted did not include an application for a variation of trading hours under section 32 (3) and the licensed premises do not include a motel—$500,
(ii)  where the application granted included an application for such a variation and the licensed premises do not include a motel—$2,000, or
(iii)  where the licensed premises include a motel—the fee that would have been payable under subparagraph (i) or (ii) if the premises had not included a motel, together with such fee, not exceeding $4,000, as is fixed by the Board for the licence,
(j1)  in the case of a motel licence—such fee, not exceeding $500, as may be fixed by the Board,
(k)  in the case of an on-licence relating to a theatre—$500,
(l)  in the case of an on-licence relating to premises within a university—$500,
(m)  in the case of an on-licence relating to a vessel or an aircraft—$500,
(m1)  in the case of a caterer’s licence—$1,000,
(m2)  in the case of a nightclub licence for premises within the area constituting the City of Sydney as at 1 December 1994 or fronting onto any of the streets or parts of streets specified in Schedule 2 (Kings Cross) or Schedule 3 (Oxford Street–Darlinghurst) or situated within an area bounded by those streets or parts of streets—$60,000, or
(m3)  in the case of a nightclub licence for premises in an area referred to in Schedule 4 (other than premises referred to in paragraph (m2))—$40,000, or
(m4)  in the case of a nightclub licence for premises in an area not referred to in Schedule 4—$10,000,
(m5)  in the case of a nightclub licence for licensed premises that include a motel—the fee that would have been payable under paragraph (m2), (m3) or (m4) if the premises had not included a motel, together with such fee, not exceeding $4,000, as is fixed by the Board for the licence,
(n)  in the case of a gaming-related licence—the fee prescribed by the regulations for the kind of licence applied for,
(o), (p)    (Repealed)
(q)  in the case of an on-licence referred to in section 18 (4) (g)—the fee fixed by the Board for the licence.
(2)  Where an application for a hotelier’s licence is granted in respect of premises on which, before the commencement of this Act, the sale of liquor was regulated by law and the premises have been renovated, rebuilt or restored in consultation with the Heritage Council of New South Wales and any other organisations prescribed for the purposes of this subsection, the Board may, in fixing the fee for the licence under subsection (1), have regard to the cost of the renovation, rebuilding or restoration.
(3)    (Repealed)
(3A)  If an application for the removal of a nightclub licence is granted, a fee is payable equal to the difference (if any) between the fee that was required to be paid for the granting of the licence and any greater fee that would have been required to be paid for the granting of the licence at the new premises.
(4)  The regulations may, instead of an amount specified in subsection (1) (except paragraphs (a) and (b)) or (3) prescribe a different amount and, where a different amount is so prescribed, that subsection shall be construed as if it prescribed the amount by the regulations instead of the amount prescribed by the subsection.
(5)  If the court varies the trading hours for licensed premises, the variation does not take effect until:
(a)  the prescribed fee has been paid to the Principal Registrar or another registrar, and
(b)  the variation has been endorsed on the licence by the Principal Registrar or another registrar.
(6)  For the purposes of subsection (5), the prescribed fee for a variation of trading hours to extend the trading hours for premises to which a nightclub licence relates is $10,000.
(7)  However, no fee is payable as referred to in subsection (6) if:
(a)  a variation is revoked or an extension of trading hours is reduced and application is made subsequently for a variation of trading hours to extend the trading hours in respect of the same premises, or
(b)  an extension of trading hours has been granted for particular premises and application is made subsequently for a further extension of trading hours in respect of the same premises.
(8)  The Board may, on application, refund the fee for a variation of trading hours to extend the trading hours for premises to which a nightclub licence relates if the application for the variation was refused after a trial period.
(9)  The following provisions have effect with respect to dine-or-drink authorities:
(a)  The authority:
(i)  is not (if the authority has been endorsed on a restaurant licence) to be issued if one-quarter of the prescribed fee has not been paid within 3 months after the authority is granted, and
(ii)  is not (if the authority has been endorsed on a restaurant licence) to be issued until one-quarter of the prescribed fee has been paid, and
(iii)  does not take effect until the authority has been endorsed on the licence concerned by the Principal Registrar or another registrar, and
(iv)  is automatically cancelled on the first anniversary of its grant if any part of the fee for the authority remains unpaid at that date.
(a1)  If the authority is cancelled under paragraph (a) (iv), amounts paid toward the prescribed fee are not refundable to the applicant.
(b)  The prescribed fee in the case of a dine-or-drink authority for licensed restaurant premises in an area referred to in Schedule 5 is:
(i)  where the premises have over 100 seated dining positions—$15,000, or
(ii)  where the premises have 100 or fewer seated dining positions—$10,000.
(c)  The prescribed fee in the case of a dine-or-drink authority for licensed restaurant premises in an area not referred to in Schedule 5 is:
(i)  where the premises have over 100 seated dining positions—$10,000, or
(ii)  where the premises have 100 or fewer seated dining positions—$5,000.
(d)  No fee is payable for the endorsement of a dine-or-drink authority on a nightclub licence.
s 56: Am 1984 No 57, Sch 1 (11); 1985 No 77, Sch 1 (6); 1987 No 3, Sch 1 (8); 1987 No 176, Schs 1 (8), 2 (8); 1989 No 130, Sch 1; 1989 No 132, Sch 1; 1990 No 114, Sch 2; 1993 No 28, Schs 1 (7), 5 (3); 1994 No 42, Sch 1 (5); 1996 No 84, Sch 1 [21]–[23]; 1997 No 155, Sch 2 [11]; 1998 No 91, Sch 1 [10]; 1998 No 151, Sch 1 [13]; 1999 No 27, Sch 1 [11]; 1999 No 63, Sch 1 [31]–[36].
56A   Additional fees payable on variation of conditions of certain licences
(1)  If the court grants an application for the variation of the conditions of a hotelier’s licence or of an off-licence to sell liquor by retail by omitting any condition or reducing the restrictiveness of a condition, the court may make an order that the variation does not take effect until any fee determined by the Board has been paid.
(2)  If the court makes such an order:
(a)  the Board may determine a fee, being no more than the difference between the fee that would have been payable for the varied licence, if it were granted on the date of the order, and the fee paid for the licence, and
(b)  the Board must make any such determination within 14 days after the order has been made, and
(c)  the variation does not take effect until any fee determined under this subsection within that time has been paid to the Principal Registrar or another registrar.
s 56A: Ins 1998 No 151, Sch 1 [14].
56B   Annual fee for community liquor licence
(1)  A fee of $50 is payable in respect of a community liquor licence on or before 31 March (the due date) in each calendar year for which the licence is in force. The licence is cancelled if the fee is not paid by the due date.
(2)  Application can be made to the court for the reinstatement of a community liquor licence cancelled by the operation of this section. The application can only be made by the licensee or a person acting on behalf of and with the authority of the non-proprietary association concerned, and must be made within 2 months after the cancellation of the licence.
(3)  The court may order reinstatement of the licence but only if satisfied that there is a reasonable explanation for the failure to pay the fee that resulted in cancellation of the licence.
(4)  The reinstatement of a licence does not take effect until the unpaid fee is paid.
s 56B: Ins 1999 No 63, Sch 1 [37].
57   Removal of hotelier’s licence or off-licence (retail)
(1)  The court shall not grant an application for removal of a hotelier’s licence or an off-licence to sell liquor by retail to a place outside the neighbourhood of the premises from which it is proposed to remove the licence unless it is satisfied that the removal of the licence to the proposed new site will not affect detrimentally the interests of the public in the neighbourhood of the premises from which it is proposed to remove the licence.
(1A)  The court is to refuse an application for removal of a hotelier’s licence unless the court is satisfied that:
(a)  practices will, as soon as the removal of the licence takes effect, be in place at the premises to which the licence is proposed to be removed that ensure, as far as reasonably practicable, that liquor is sold, supplied and served responsibly on those premises and that all reasonable steps are taken to prevent intoxication on those premises, and
(b)  those practices will remain in place, and
(c)  the primary purpose of the business to be conducted under the authority of the licence to which the application relates is the sale of liquor by retail, and
(d)  any proposed use of approved gaming devices on the premises will not detract unduly from the character of the premises or from the enjoyment of persons ordinarily resorting to the premises (otherwise than for gaming).
(1B)  The court is to refuse an application for removal of an off-licence to sell liquor by retail unless the court is satisfied that:
(a)  practices will, as soon as the removal of the licence takes effect, be in place at the premises to which the licence is proposed to be removed that ensure, as far as reasonably practicable, that liquor is sold and supplied responsibly on those premises, and
(b)  those practices will remain in place.
(2)  The court may refuse an application for removal of a hotelier’s licence if it considers that the removal would adversely affect the interest of the owner or a lessee or mortgagee of the premises from which it is proposed to remove the licence, or a sublessee from a lessee or sublessee of those premises.
(3)  The grant of an application for removal of a licence to premises other than those specified in the licence takes effect when the registrar endorses the licence to the effect that those other premises are the premises to which the licence relates.
(4)  Section 45 (2) does not apply to a removal of a licence to premises within the same neighbourhood as the premises from which it is proposed to remove the licence.
s 57: Am 1997 No 155, Sch 3 [6]; 1998 No 151, Sch 1 [15].
58   Duration of conditional grant
If an application is conditionally granted under section 40, the grant has effect only while an approval or consent required by another Act for the use, erection, addition or alteration to which the grant relates has effect.
s 58: Am 1990 No 28, Sch 2 (3). Subst 1990 No 28, Sch 3 (3).
59   (Repealed)
s 59: Am 1990 No 28, Sch 2 (2) (3). Rep 1990 No 28, Sch 3 (4).
60   Final grant of application
(1)  The registrar may, on application, make a final grant of an application conditionally granted under section 40.
(2)  The registrar is not to make a final grant of an application to erect, add to, or alter, premises unless the applicant for the final grant produces evidence by which the registrar is satisfied that the work of erection, addition or alteration has been completed substantially in accordance with the approved plan on the basis of which the conditional application was granted.
(3)  Section 55 applies where an application is finally granted by the registrar under subsection (1) in the same way as it applies where an application is granted by the court.
(4)  An application for a final grant of a conditional application may not be made:
(a)  before the expiration of the period within which an appeal against the conditional grant of the application may be lodged,
(b)  where such an appeal is lodged:
(i)  before the appeal is heard or determined or otherwise disposed of, or
(ii)  if the appeal is upheld, or
(c)  if the person making the request has any knowledge of proceedings instituted in any court as a result of which, if determined at the time of the making of the request, the registrar or the Licensing Court might be precluded from finally granting the application.
s 60: Am 1990 No 28, Schs 2 (6), 3 (5).
61   Grant of transfer of licence
(1)  Subject to this section, the court may grant an application under section 41 or 42 for the transfer of a licence to a person approved by it who would be entitled to apply for the same kind of licence in relation to the licensed premises.
(2)  Where there is no objection to an application under section 41 (3) for the transfer of a licence, the application may be granted by the registrar.
(2A)  If there is no objection to an application under section 41 for the transfer of a motel licence, the application may be granted by the Principal Registrar.
(3)  Where the court is satisfied on the information before it that there is nothing that might preclude it from granting an application under section 41 or 42, the court may, at the request of the transferee and with the written consent of the transferor, make a provisional grant of the application.
(4)  A provisional grant of an application for the transfer of a licence ceases to have effect unless the provisional grant is confirmed by the court before:
(a)  the lodging of an objection to the grant of the application,
(b)  the expiration of a period specified by the court when provisionally granting the application together with such additional periods as the court thinks fit to allow upon application made before expiration of the period sought to be extended, or
(c)  the lodging of an application by the transferor for a transfer of the licence to a different transferee,
whichever first occurs.
(5)  Subject to subsection (4), a provisional grant of an application has the same effect as a grant of the application under subsection (1).
(5A)  If a provisional grant of an application for the transfer of a licence ceases to have effect because of the operation of subsection (4), the court may make such orders in relation to the licence as it considers appropriate in the circumstances, including any of the following orders:
(a)  an order that the licence is to revert to the transferor,
(b)  an order treating a person (with the person’s consent) as licensee until a transfer of the licence is effected,
(c)  an order that the licence not be exercised until specified conditions are met or the court orders otherwise.
(6)–(6B)    (Repealed)
(7)  A transfer of a licence has effect as if the licence had been granted to the transferee.
(8)  The prescribed fee for the transfer of a licence is:
(a)  where the licence is a hotelier’s licence or an off-licence to sell liquor by retail—$500, or
(b)  in any other case—$100.
(9)  The regulations may prescribe a different amount instead of an amount specified in subsection (8) and, where a different amount is so prescribed, that subsection shall be construed as if it prescribed the amount prescribed by the regulations instead of the amount prescribed by the subsection.
s 61: Am 1985 No 77, Sch 4 (6); 1987 No 3, Sch 1 (9); 1994 No 42, Sch 1 (6); 1996 No 42, Sch 1 [29] [30]; 1997 No 155, Sch 1 [9].
61A   Refusal of application for transfer of licence—responsible service standards
The court is to refuse an application for the transfer of a licence unless satisfied:
(a)  that practices will be in place at the licensed premises of the transferee as soon as the licence is transferred that ensure as far as reasonably practicable that liquor is sold, supplied and served responsibly on the premises and that all reasonable steps are taken to prevent intoxication on the premises, and
(b)  that those practices will remain in place.
s 61A: Ins 1997 No 155, Sch 3 [7].
62   Applications of equal merit
In deciding which application it should grant where the applications before it are, apart from considerations arising from the order in which they were made, of equal merit, the court is not bound to grant the application made first.
62A   Director’s report required before application may be granted
(1)  An application for a licence, or for the transfer of a licence, must not be granted by the court unless the court has received and considered a report by the Director as to any investigations and inquiries carried out, or reports received, under Division 4A.
(2)  However, the court may hear and determine such an application if any investigation, inquiry or report under that Division has not been completed or received by the court within 3 months after the application was lodged.
(3)  The 3 month period may be extended by the court on application being made by the Director before the end of the period.
(4)  This section does not apply to an application for a temporary on-licence (function) to which section 42B does not apply.
s 62A: Ins 1996 No 42, Sch 1 [31]. Am 2000 No 62, Sch 1 [21].
Division 7 Death or disability of licensee
63   Endorsement of licence after death or disability of licensee
(1)  In this section, a reference to the business of a licensee is a reference to the business of the licensee carried on by the licensee pursuant to his or her licence immediately before his or her death, bankruptcy or other disability referred to in this section.
(2)  Where a licensee dies, the business of the licensee may be carried on for a period not exceeding 1 month by a person of or above the age of 18 years who:
(a)  was the spouse of the licensee,
(b)  is a member of the family left by the licensee, or
(c)  carries on the business on behalf of the family left by the licensee,
subject to the registrar being notified forthwith that the business of the licensee is being so carried on.
(3)  Where, within the period of 1 month referred to in subsection (2), application is made to the court by:
(a)  the person carrying on the business of the licensee under subsection (2), or
(b)  a person who claims that, for the purpose of continuing to carry on the business, he or she should be preferred to the person referred to in paragraph (a),
for endorsement of the licence, as agent, of the name of the applicant, the person referred to in paragraph (a) may continue to carry on the business of the licensee until the application is heard and determined.
(4)  Where, under the Bankruptcy Act 1966 of the Parliament of the Commonwealth as from time to time in force, a trustee holds office in relation to the business of a licensee, the business of the licensee may be carried on by the trustee, or by a person authorised for the purpose by the trustee, subject to:
(a)  the registrar being notified forthwith that the business is being so carried on, and
(b)  application being made to the court by the trustee as soon as practicable for endorsement on the licence, as agent, of the name of the person so authorised.
(5)  Where a licensee is, within the meaning of the Mental Health Act 1958, a temporary patient, a continued treatment patient, a protected person or an incapable person, or a person under detention under Part 7 of that Act, the business of the licensee may be carried on by the Protective Commissioner or a person authorised for the purpose by the Protective Commissioner, subject to:
(a)  the registrar being notified forthwith that the business of the licensee is being so carried on, and
(b)  application being made to the court by the Protective Commissioner as soon as practicable for endorsement on the licence, as agent, of the name of the person so authorised.
(6)  A person who carries on the business of a licensee pursuant to this section shall, while he or she so carries on the business, be deemed to be the licensee.
64   Grant of application for endorsement of licence
(1)  The court may grant an application under section 63 (3), (4) or (5) if it is satisfied that the person whose name the applicant seeks to have endorsed on the licence is a fit and proper person to carry on the business to which the application relates and where, following the death of a licensee, it is so satisfied in relation to more than one such person, it may grant the application of such one of them as it thinks fit.
(2)  A grant of an application under section 63 (3), (4) or (5) takes effect with respect to a licence when the registrar endorses the licence in accordance with the grant.
(3)  A person whose name is endorsed on a licence pursuant to subsection (2) shall, while the endorsement has effect, be deemed to be the licensee.
(4)  An endorsement of a licence under subsection (2) does not have effect for a period in excess of 1 year unless the court allows an additional period, or additional periods, upon application made before expiration of the period sought to be extended.
65   Transfer of licence after death or disability of licensee
(1)  Where probate of the will of a deceased licensee is, or letters of administration of the deceased licensee’s estate are, granted, the executor or administrator shall forthwith apply to the court for the transfer of the licence to himself or herself, or to a person nominated by him or her, as transferee.
(2)  A trustee referred to in section 63 (4) who holds office in relation to the business of a licensee may apply under section 41 as transferor for the transfer of the licence to a person nominated by the trustee.
(3)  Where section 63 (5) applies in relation to a licensee, the Protective Commissioner may apply under section 41 as transferor for the transfer of the licence to a person nominated by the Protective Commissioner.
(4)  Where a licence is transferred pursuant to an application authorised by this section, any endorsement of the licence under section 64 ceases to have effect.
Division 8 Disciplinary provisions
66   Interpretation
(1)  For the purposes of this Division a reference to a conviction for an offence against this Act does not include a reference to a conviction for an offence under section 91 or 125A or any other offence prescribed by the regulations for the purposes of this section.
(2)  In this Division, a reference to a licensee includes a reference to a former licensee and a reference to a manager includes a reference to a former manager.
s 66: Am 1994 No 49, Sch 1 (7); 1996 No 41, Sch 1 [21]; 1999 No 31, Sch 2.21 [4].
66A   Director may investigate licensee and others
(1)  The Director may at any time carry out all such investigations and inquiries as are considered by the Director to be necessary in order to ascertain whether a complaint should be made against a licensee, manager, close associate or non-proprietary association under section 67.
(2)  The Commissioner of Police is to inquire into, and report to the Director on, such matters as the Director may request concerning the licensee, manager, close associate or non-proprietary association to whom or to which the complaint, if made, would relate.
(3)  The Director may, by notice in writing, require a licensee, a manager, a close associate or a non-proprietary association who or which is the subject of an investigation under this section, or a close associate of such a licensee or manager, to do one or more of the following things:
(a)  provide, in accordance with directions in the notice, such information verified by statutory declaration as is relevant to the investigation and is specified in the notice,
(b)  produce, in accordance with directions in the notice, such records as are relevant to the investigation and permit examination of the records, the taking of extracts from them and the making of copies of them,
(c)  authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),
(d)  furnish to the Director such authorities and consents as the Director requires for the purpose of enabling the Director to obtain information (including financial and other confidential information) from other persons concerning the person under investigation and his or her associates.
(4)  A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
s 66A: Ins 1993 No 28, Sch 3 (16). Am 1994 No 42, Sch 1 (28); 1996 No 42, Sch 1 [32]–[34]; 1997 No 155, Sch 2 [12]–[14].
67   Summons to show cause against taking of disciplinary action
(1)  A complaint in relation to a licensee or manager is an authorised complaint for the purposes of this section if it is made in writing by:
(a)  the owner of the licensed premises,
(b)  a person authorised in writing by 3 or more persons residing in the vicinity of the licensed premises or a person who is such a resident and is authorised in writing by 2 or more other such residents,
(c)  the Commissioner of Police,
(d)  a person authorised by the local consent authority for the licensed premises,
(e)  a person authorised by:
(i)  an industrial organisation of employees registered under the Industrial Relations Act 1996, or
(ii)  an association of employees registered under the Conciliation and Arbitration Act 1904 of the Parliament of the Commonwealth, as from time to time in force, or
(f)  the Director,
and specifies as its grounds one or more of the grounds specified in section 68.
(1A)  A complaint in relation to a licensee is an authorised complaint for the purposes of this section if:
(a)  it is made in writing by a person authorised to do so by the relevant local consent authority referred to in subsection (1) (d), and
(b)  it specifies, as the ground on which it is made, that the licensed premises are being opened for business even though the owner of the licensed premises has failed to comply with a direction or order of the local consent authority to carry out specified work on or in relation to the licensed premises.
(1B)  A complaint in relation to a person who is a close associate of a licensee is an authorised complaint for the purposes of this section if it is made in writing by the Commissioner of Police or the Director and specifies as its grounds one or more of the grounds specified in section 68 (1A).
(1C)  A complaint in relation to a non-proprietary association is an authorised complaint for the purposes of this section if:
(a)  it is made in writing by a person referred to in subsection (1), and
(b)  it specifies, as the ground on which it is made, either or both of the grounds specified in section 68 (3).
(1D)  Complaints that are severally made:
(a)  against a licensee and a close associate, or
(b)  against a licensee holding an on-licence to sell liquor at a function and the non-proprietary association on whose behalf the licence was held,
and any other several complaints that are in some manner associated may, if it appears to the court to be just and expedient so to proceed, be heard and determined together.
(2)  Upon the making of an authorised complaint, a Magistrate or licensing magistrate, or the Principal Registrar, may summon the licensee, manager or person to whom the complaint relates to appear before the court to answer the complaint and show cause why disciplinary action should not be taken against the licensee, manager or person in accordance with this Act.
(3)  A summons under subsection (2):
(a)  shall specify the grounds of the complaint on which it is issued,
(b)  where a ground of complaint is the ground referred to in section 68 (1) (d), (e), (f) or (h) or (1A) (a)—shall specify the reasons given by the complainant for making the complaint on that ground, and
(c)  must be served on the person the subject of the complaint and, if that person is not the licensee, on the licensee personally or by post, not less than 14 days before the day appointed for the hearing of the complaint.
(4)  Where an authorised complaint relates to an on-licence for premises within a university, a copy of the complaint shall be served, not less than 14 days before the day appointed for the hearing of the complaint, on the university by leaving it at the office of the university and the university may, at the hearing of the complaint, be represented and be heard.
(5)  Where a complaint is made under this section, a copy of the complaint shall be served by post:
(a)  where the licensee occupies the licensed premises under a lease—on the lessor, and
(b)  on each person named:
(i)  in the affidavit referred to in section 38 (3) that accompanied the application for the licence, or
(ii)  if an affidavit accompanied an application for transfer of the licence as referred to in section 41 (4) or has been produced to the registrar under section 101 (4A)—in the later or latest of those affidavits, and
(c)  if the complaint is against a licensee on the ground that a person named in the complaint is a close associate of the licensee and is not a fit and proper person to be a close associate of a licensee—on that person,
(d)  if the complaint is in relation to a non-proprietary association—on the person who holds or held the licence on behalf of the association,
and each person so served may, at the hearing of the complaint, be represented and be heard.
(6)    (Repealed)
(7)  Notwithstanding the other provisions of this section, a licensee who fails to comply with a condition of the licence is guilty of an offence against this Act but the same failure to comply with a condition of a licence may not be the subject both of proceedings under this subsection and an authorised complaint on the ground referred to in section 68 (1) (a) or (b).
s 67: Am 1985 No 77, Sch 4 (7); 1989 No 130, Sch 1; 1990 No 28, Sch 2 (7); 1990 No 114, Sch 4 (3); 1994 No 42, Sch 1 (29); 1994 No 49, Sch 1 (8); 1995 No 11, Sch 1; 1995 No 34, Sch 1 [11]; 1996 No 41, Sch 1 [9] [22]; 1996 No 42, Sch 1 [35]–[40]; 1996 No 121, Sch 4.34; 1997 No 155, Schs 1 [10], 2 [15] [16], 3 [8] [9].
68   Grounds for complaint
(1)  The grounds upon which a complaint may be made under section 67 (1) in relation to a licensee or a manager of licensed premises are:
(a)  that the licensee or manager has, while holding a licence or managing licensed premises, been convicted:
(i)  of an offence specified in the complaint (other than an offence against this Act) for which he or she has been sentenced to imprisonment, or
(ii)  of an offence against this Act so specified,
(b)  that the licensee or manager has been guilty of a breach of a condition of the licence concerned,
(c)  that the licensee or manager has failed to comply with a direction or order of the Board or court given or made under this Act and specified in the complaint,
(c1)  that a requirement of the Director made under this Act in relation to the investigation of the licensee or manager and specified in the complaint has not been complied with,
(c2)  that the licensee has failed to comply with a direction of the Director, given under section 101A,
(d)  that the continuation of the licence is not in the public interest,
(d1)  that the licensee or manager has engaged in conduct or activities that are likely to encourage misuse or abuse of liquor (such as binge drinking or excessive consumption),
(d2)  that intoxicated persons have frequently been on the licensed premises or have frequently been seen to leave those premises,
(d3)  that acts involving violence against persons or damage to property have frequently been committed on or near the licensed premises by persons who have been on the licensed premises,
(e)  that the licensee is not a fit and proper person to be the holder of a licence or the manager is not a fit and proper person to be the manager of the licensed premises,
(e1)  that a person named in the complaint is a close associate of the licensee and is not a fit and proper person to be a close associate of a licensee,
(f)  that a person named in one of the following affidavits made in relation to the licence held by the licensee or, where more than one such affidavit has been made, the later or latest of those affidavits, namely:
(i)  an affidavit, referred to in section 38 (3), which accompanied the application for the licence,
(ii)  an affidavit, referred to in section 38 (3) as applied by section 41 (4), which accompanied an application for the transfer of the licence,
(iii)  an affidavit, referred to in section 101 (4A), produced to the registrar,
is not a fit and proper person to be directly or indirectly interested in the licence or the business, or the profits of the business, carried on pursuant to the licence,
(f1)  in the case of a licence held by a body corporate—that a person who occupies a position of authority in the body is not a fit and proper person to occupy such a position in a body that is the holder of a licence,
(g)  that the licensee has failed to pay tax, or an instalment of that tax, within the time allowed by or under the Gaming Machine Tax Act 2001 for its payment, or has failed to pay a penalty or interest due for late payment of any such tax or instalment,
(g1)  that entertainment has been conducted on the licensed premises otherwise than in accordance with the conditions of an approval under Part 1 of Chapter 7 of the Local Government Act 1993 or the provisions of any regulation made under that Act,
(h)  that the licence is considered not to have been exercised in the public interest,
(i)  in the case of an on-licence relating to a restaurant—that the premises concerned have been used for a purpose that is not consistent with their primary purpose of being a restaurant, as referred to in section 23 (2A),
(j)  in the case of a licence endorsed with a dine-or-drink authority—that the licensee or manager of the premises concerned has failed to comply with a direction of the Director or the Commissioner of Police under section 102,
(k)  in the case of a caterer’s licence—that the principal business of the licensee under that licence, or the principal business of any person or body on whose behalf the licensee holds the licence, is not the business of providing catering services for fee, gain or reward, or
(l)  that the licensee or manager has engaged in conduct or activities in relation to gambling at the licensed premises that have encouraged, or are likely to encourage, the misuse and abuse of gambling activities.
(1A)  The grounds on which a complaint may be made under section 67 (1B) in relation to a person who is a close associate of a licensee are as follows:
(a)  that the close associate is not a fit and proper person to be a close associate of a licensee,
(b)  that a complaint against the licensee under section 67 has been established and that:
(i)  the close associate knew or ought reasonably to have known that conduct of the kind to which the complaint relates was occurring or was likely to occur on the licensed premises, and
(ii)  the close associate failed to take all reasonable steps to prevent conduct of that kind occurring on the licensed premises,
(c)  that a requirement of the Director made under this Act in relation to the investigation of the close associate and specified in the complaint has not been complied with.
(2)  Without prejudice to any ground specified in subsection (1), the licensee or the manager of licensed premises under an on-licence relating to premises within a university may be summoned under section 67 upon a complaint under that section that a person has been obstructed, hindered or delayed in the exercise of the powers conferred on the person by section 110 (6).
(3)  The grounds on which a complaint may be made under section 67 (1C) in relation to a non-proprietary association on whose behalf an on-licence to sell liquor at a function is or was held are:
(a)  that the non-proprietary association did not exercise proper control and supervision over a function to which the licence applied, or
(b)  that it is not in the public interest for liquor to be sold or supplied at functions conducted by or under the auspices of the association.
s 68: Am 1984 No 57, Sch 1 (12); 1984 No 153, Sch 16; 1985 No 77, Sch 4 (8); 1986 No 16, Sch 23; 1989 No 11, Sch 1; 1989 No 130, Sch 1; 1990 No 28, Sch 2 (8); 1993 No 28, Sch 3 (17); 1993 No 55, Sch 1 (1); 1994 No 42, Sch 1 (30); 1994 No 49, Sch 1 (9); 1995 No 11, Sch 1; 1996 No 41, Sch 1 [23]; 1996 No 42, Sch 1 [41] [42]; 1997 No 155, Schs 1 [11] [12], 2 [17]; 1998 No 91, Sch 1 [11] [12]; 1998 No 151, Sch 1 [17]; 1999 No 31, Sch 2.21 [5]; 1999 No 49, Sch 2 [6]; 1999 No 63, Sch 1 [38]–[40]; 2000 No 53, Sch 3.12 [1] [2]; 2001 No 72, Sch 3 [3].
68A   Complaints against close associates
(1)  For the purposes of section 68 (1A), a complaint against a licensee under section 67 is taken to have been established if the court, on the hearing and determination of a complaint in relation to the licensee under that section, found that the matter of the complaint had been made out.
(2)  On the hearing and determination of the matter of a complaint under section 67 (1B) on the ground specified in section 68 (1A) (b), the onus is on the close associate to satisfy the court that the close associate took all reasonable steps to prevent conduct of the kind concerned occurring on the licensed premises.
s 68A: Ins 1996 No 42, Sch 1 [43].
69   Disciplinary powers of court
(1)  Upon the appearance of a licensee or manager of licensed premises in response to a summons under section 67 or in his or her absence after being duly summoned, the court shall proceed to hear and determine the matter of the complaint to which the summons relates and, if it is satisfied that the ground upon which the complaint was made has been made out may, unless subsection (1B) applies, do any one or more of the following:
(a)  reprimand the licensee or manager,
(b)  order the licensee or manager to pay to the Crown a monetary penalty not exceeding 500 penalty units in the case of a corporation or 200 penalty units in any other case or, if circumstances of aggravation exist in relation to the complaint, not exceeding 1,000 penalty units in the case of a corporation or 400 penalty units in any other case,
(c)  impose a condition to which the licence or a minors functions authority held by the licensee is to be subject or revoke or vary a condition to which the licence or a minors functions authority held by the licensee is subject,
(d)  suspend the licence or a minors functions authority held by the licensee for such period, not exceeding 12 months or, if circumstances of aggravation exist in relation to the complaint, not exceeding 24 months, as the court thinks fit,
(e)  cancel the licence or a minors functions authority held by the licensee,
(f)  disqualify the licensee from holding a licence for such period as the court thinks fit,
(f1)  in the case of a manager of licensed premises where a body corporate is the licensee, withdraw the manager’s approval by the court to manage licensed premises,
(f2)  in the case of a manager of licensed premises where a body corporate is the licensee, disqualify the manager from being the holder of an approval to manage licensed premises,
(f3)  disqualify a person from being a manager of licensed premises in a special area for such period as the court thinks fit,
(g)  where the ground made out is the ground referred to in section 68 (1) (d) or (h) give such directions as to the exercise of the licence as it thinks fit,
or may take no action.
(1AA)  For the purposes of this section, circumstances of aggravation exist in relation to a complaint if (and only if) each of the following paragraphs applies:
(a)  the complaint concerns a contravention or alleged contravention of section 125 (Conduct on licensed premises) or 125E (Sale of stolen goods and possession, use or sale of drugs not to be permitted on licensed premises),
(b)  the complaint alleges that for the reasons specified in the complaint the matter of the complaint is so serious as to warrant the taking of action that is available to the court when circumstances of aggravation exist,
(c)  the court, in finding that the matter of the complaint has been made out, is of the opinion (having regard to any matter such as the number of contraventions of the Act involved, the seriousness of the contravention involved, the number of people involved in the contravention or the seriousness of the outcome of the contravention, or any other relevant consideration) that the matter of the complaint is so serious as to warrant the taking of action that is available to the court when circumstances of aggravation exist.
(1AB)  On the appearance of a person appearing to be authorised by the association concerned in response to a summons under section 67, or after proof of service of the summons on the association by service on the secretary or other proper officer or in any other manner authorised by law, the court may proceed to hear and determine the matter of a complaint made under section 67 (1C) in relation to a non-proprietary association on whose behalf an on-licence to sell liquor at a function is held. If it is satisfied that the ground on which the complaint was made has been made out, the court may do any one or more of the following:
(a)  suspend or cancel the licence,
(b)  order that an on-licence to sell liquor at a function must not, at any time during a period of not more than 3 years from the making of the order, be granted to any person on behalf of the non-proprietary association,
(c)  reprimand the non-proprietary association,
(d)  give directions as to the conduct of functions to which such an on-licence relates,
(e)  take no action, if the court is of the opinion that other action under this subsection is not warranted in the circumstances.
(1AC)  In the case of a complaint referred to in subsection (1AB), a Magistrate or licensing magistrate, or the Principal Registrar, may summon the secretary or another office holder of the non-proprietary association to which the complaint relates to appear before the court to answer the complaint and show cause why an order should not be made under that subsection.
(1AD)  If the court makes an order under subsection (1AB) preventing any person from being granted an on-licence to sell liquor at a function on behalf of a non-proprietary association, an application may be made by or on behalf of the non-proprietary association to the court for the revocation of the order. However, the court must not revoke the order unless it is satisfied that:
(a)  the persons responsible for the management of the non-proprietary association will be able to exercise proper control and supervision over any function of the kind for which the on-licence is required, and
(b)  the circumstances of the case justify the revocation of the order.
(1A)  Where, upon the hearing and determination under subsection (1) or (1AB) of the matter of a complaint, the court finds that the matter of the complaint has been made out, the court may, whether or not it acts under that subsection:
(a)  reprimand:
(i)  a person required by section 67 (5) (b), (c) or (d) to be served with a copy of the complaint, or
(ia)  a person who occupies a position of authority in the body corporate that holds the licence (if the licence is held by a body corporate), or
(ii)  a director of, or shareholder in, a proprietary company required to be so served, or
(iii)  a director of, or shareholder in, a corporation that, within the meaning of the Corporations Act 2001 of the Commonwealth, is a related body corporate of a proprietary company referred to in subparagraph (ii),
(b)  order a person, director or shareholder referred to in paragraph (a) to pay to the Crown a monetary penalty not exceeding 500 penalty units in the case of a corporation or 200 penalty units in any other case or, if circumstances of aggravation exist in relation to the complaint, not exceeding 1,000 penalty units in the case of a corporation or 400 penalty units in any other case, or
(c)  disqualify, for a period commencing on a specified day, a person, director or shareholder referred to in paragraph (a) from being:
(i)  a person interested in a business, or in the profits of a business, carried on pursuant to a licence (within the meaning of section 38 (4)) or a person who occupies a position of authority in a body corporate that holds a licence, or
(ii)  a director of, or shareholder in, a proprietary company so interested or a corporation that, within the meaning of the Corporations Act 2001 of the Commonwealth, is a related body corporate of such a proprietary company,
unless it is proved that the person, director or shareholder had no knowledge of the matter upon which the complaint was made out and used all due diligence to obviate the necessity for the complaint.
(1B)  If the ground of complaint as to which the court is satisfied under subsection (1) is the ground referred to in section 67 (1A), the court may suspend the licence until:
(a)  the work to which the complaint relates has been carried out, or
(b)  the licence is removed to other premises, or
(c)  the licence ceases for any reason other than suspension to have effect.
(1C)  On the appearance of a person in response to a summons under section 67 in respect of a complaint under section 67 (1B), or in the person’s absence after being duly summoned, the court is to proceed to hear and determine the matter of the complaint to which the summons relates and, if it is satisfied that the ground on which the complaint was made has been made out, may do any one or more of the following:
(a)  reprimand the person,
(b)  disqualify the person from being a close associate of a licensee for such period as the court thinks fit,
(c)  disqualify the person from holding a licence for such period as the court thinks fit,
(d)  order the person to pay to the Crown a monetary penalty not exceeding 500 penalty units in the case of a corporation or 200 penalty units in any other case,
or may take no action.
(1D)  While a person is disqualified by the court from being a close associate of a licensee, the person is conclusively presumed for the purposes of this Act and the Registered Clubs Act 1976 to be a person who is not a fit and proper person to be a close associate of a licensee under either Act or of a registered club.
(1E)  The taking of action under subsection (1C) in respect of a complaint does not prevent or limit the taking of any other action under this section in respect of any other complaint in relation to a licensee or manager (whether or not that other complaint is heard together with the complaint).
(2)  Where, under subsection (1), a licensee is disqualified from holding a licence, the court may, on application by the spouse of the licensee, a member of the family of the licensee of or above the age of 18 years, the owner of the licensed premises or a person directly or indirectly interested in the business or the profits of the business carried on pursuant to the licence, transfer the licence to that spouse or member of the family or to some other person approved by the court.
(2A)  When hearing and determining the matter of a complaint under subsection (1) or (1C), the court must admit into evidence and consider any relevant findings of a court, a tribunal or a Royal Commission, the Independent Commission Against Corruption or other commission of inquiry or a coroner in any investigation, inquiry or other proceeding if those findings have been publicly released and are brought to the attention of the court.
(3)  Where an order for the payment of money is made under subsection (1) (b), (1A) (b) or (1C) (d) and the prescribed documents are filed in the office of the Local Court having jurisdiction under the Local Courts (Civil Claims) Act 1970 at or nearest the prescribed place at which the complaint that led to the order was heard, the order may be enforced as a judgment of that Local Court for the payment of the money in accordance with the order.
s 69: Am 1985 No 77, Sch 4 (9); 1989 No 91, Sch 5 (2); 1989 No 132, Sch 1; 1990 No 28, Sch 2 (9); 1993 No 28, Sch 3 (18); 1994 No 42, Sch 1 (31); 1996 No 42, Sch 1 [44]–[57]; 1996 No 43, Sch 1 [4]; 1997 No 155, Sch 2 [18]–[20]; 1999 No 31, Sch 4.53 [2] [3]; 2001 No 34, Sch 2.31 [1] [2].
Division 8A Appointment of managers by body corporate licensees
pt 3, div 8A, hdg: Ins 1994 No 42, Sch 1 (32). Am 1996 No 42, Sch 1 [58].
69A   Application of Division
(1)  This Division does not apply to a licensee under a gaming-related licence.
(2)  This Division applies only in respect of licensed premises that have a body corporate as licensee.
s 69A: Ins 1994 No 42, Sch 1 (32). Am 1996 No 42, Sch 1 [59].
69B   Appointment of managers
A body corporate that is a licensee must appoint a manager approved by the court under this Division for the licensed premises and must not cause or permit the conduct of business under the licence for a period in excess of 14 days except under the management of a person so approved.
Maximum penalty: 50 penalty units.
s 69B: Ins 1994 No 42, Sch 1 (32). Subst 2001 No 73, Sch 1 [7].
69C   Restrictions on who may be appointed as manager
(1)  The following restrictions apply to the appointment of a manager of licensed premises:
(a)  A person may not be appointed as the manager of licensed premises unless the person is approved by the court to manage licensed premises and the approval applies to the premises or class of premises concerned.
(b)  Only a natural person may be appointed to manage licensed premises.
(c)  A person cannot be appointed as manager of licensed premises if at the time of the appointment he or she already holds an appointment as manager of other licensed premises.
(2)  An appointment in contravention of this section is void for the purposes of this Part.
s 69C: Ins 1994 No 42, Sch 1 (32). Am 1999 No 12, Sch 1 [4].
69D   Court approval of manager
(1)  An application for the court’s approval of a person to manage licensed premises is to be made in the form approved by the Board.
(2)  The court is not to give its approval unless it is satisfied that the person concerned:
(a)  is a fit and proper person to manage licensed premises, and
(b)  understands his or her responsibilities in relation to, and is capable of implementing, practices in place at licensed premises for ensuring the responsible sale, supply and service of liquor and the prevention of intoxication.
(3)  If the court is satisfied on the information before it that there is nothing that might preclude it from giving its approval, but requires more information before making a final decision, the court may give a provisional approval of the person to be such a manager.
(4)  A provisional approval is sufficient to entitle the appointment of the person, in accordance with section 69E, as manager of the licensed premises concerned for a period specified by the court. Any such appointment lapses, however, unless the court confirms its approval within that period (or within such extension of that period as the court may allow).
(5)  An approval or provisional approval may be given so as to apply in relation to particular licensed premises, to all licensed premises of a specified class or to all licensed premises, as the court thinks fit.
s 69D: Ins 1994 No 42, Sch 1 (32). Subst 1999 No 27, Sch 1 [12]. Am 2001 No 73, Sch 1 [8].
69E   How appointments are made and revoked
(1)  A licensee must give the Board notice of the appointment of a person as manager of licensed premises.
Maximum penalty: 20 penalty units.
(2)  The appointment of a manager is not in force until the licensee has given the Board notice of the appointment as required by this section, accompanied by the declaration referred to in subsection (5) (b).
(3)  The appointment of a manager is revoked by the licensee giving notice under this section of the appointment of a new manager or by the licensee or manager giving the Board notice of the manager’s ceasing to act as manager.
(4)  A notice of appointment of or of ceasing to act as manager may specify a day that is later than the day the notice is given as the day the notice is to take effect, and the notice takes effect accordingly.
(5)  A notice under this section:
(a)  must be completed in writing in the form approved by the Board, and
(b)  must be accompanied by a declaration in writing, in a form approved by the Board, of the person to be appointed as manager of the premises concerned:
(i)  signifying his or her acceptance of the appointment, and
(ii)  certifying such matters as the form of notice may require (including matters relating to the person’s responsibilities in relation to, and capacity to implement, practices in place at the premises for ensuring the responsible sale, supply and service of liquor, and the prevention of intoxication, on the premises).
(6)  In any proceedings in which the question of whether notice was given to the Board under this section is at issue, the party alleged to have given the notice bears the onus of establishing on the balance of probabilities that the notice was given.
s 69E: Ins 1994 No 42, Sch 1 (32). Am 2001 No 73, Sch 1 [9]–[11].
Division 8B Appointment of managers for licensed premises in special areas
pt 3, div 8B (ss 69EA–69EC): Ins 1996 No 42, Sch 1 [60].
69EA   Application of Division
This Division applies only in respect of licensed premises that are situated in an area prescribed by the regulations as a special area for the purposes of this Division and that do not have a body corporate as licensee.
pt 3, div 8B (ss 69EA–69EC): Ins 1996 No 42, Sch 1 [60].
69EB   Restrictions on who may be appointed as manager of licensed premises in special area
The following restrictions apply to the appointment of a manager of licensed premises:
(a)  A person may not be appointed as the manager of licensed premises unless the licensee has notified the court, in accordance with this Division, of the intended appointment.
(b)  Only a natural person may be appointed to manage the licensed premises.
(c)  A person cannot be appointed as manager of licensed premises if at the time of the appointment the person already holds an appointment as manager of other licensed premises.
pt 3, div 8B (ss 69EA–69EC): Ins 1996 No 42, Sch 1 [60].
69EC   Notification of appointment of managers
(1)  A notification of the appointment of a manager of licensed premises must give the name, address and date of birth of the person appointed and must be signed by the appointee as evidence of consent to his or her appointment as manager.
(2)  The appointment of a manager is revoked by the licensee notifying the court under this section of the appointment of a new manager or by the licensee or manager notifying the court of the manager’s ceasing to act as manager.
(3)  A notification of appointment of or of ceasing to act as manager may specify a day that is later than the day given in the notification as the day the notification is to take effect, and the notification takes effect accordingly.
(4)  A notification under this Division must be in writing in the form approved by the court.
(5)  In any proceedings in which the question of whether notification was given to the court under this Division is at issue, the party alleged to have given the notification bears the onus of establishing on the balance of probabilities that the notification was given.
pt 3, div 8B (ss 69EA–69EC): Ins 1996 No 42, Sch 1 [60].
Division 8C General provisions relating to managers of licensed premises
pt 3, div 8C, hdg: Ins 1996 No 42, Sch 1 [61].
69F   Responsibilities and liabilities of managers of licensed premises
(1)  The person appointed as manager of licensed premises for which the licensee is a body corporate is responsible at all times for the personal supervision and management of the conduct of the business of the licensed premises under the licence.
(1A)  A person appointed as manager of licensed premises for which the licensee is not a body corporate is responsible for the personal supervision and management of the conduct of the business of the licensed premises under the licence whenever the licensee is not personally present on those premises.
(2)  If an element of an offence under a provision of this Act or the regulations is an act or omission by a licensee, a person who is manager of the licensed premises is, while responsible under subsection (1) or (1A), responsible in respect of the offence as though that person were also a licensee of those premises and is liable for the offence accordingly.
(3)  This section does not affect any liability of a licensee for a contravention by the licensee of a provision of this Act.
s 69F: Ins 1994 No 42, Sch 1 (32). Am 1996 No 42, Sch 1 [62].
69G   Liability of licensee for contravention by manager
The licensee of licensed premises is taken to have contravened any provision of this Act or the regulations that the manager of the licensed premises contravened as a result of section 69F unless the licensee establishes that the licensee:
(a)  did not authorise or knowingly permit the contravention by the manager, and
(b)  maintained control over and supervision of the activities of the manager of the licensed premises in an effort to prevent any such contravention occurring.
s 69G: Ins 1994 No 42, Sch 1 (32).
69H   Liability of directors etc of body corporate licensee
(1)  If a licensee that is a body corporate contravenes (whether by act or omission) any provision of this Act or the regulations, each person who occupies a position of authority in the body is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(2)  If a licensee that is a body corporate is taken to have contravened (whether by act or omission) any provision of this Act or the regulations by reason of a contravention by the manager of the licensed premises, each person who occupies a position of authority in the body is taken to have contravened the same provision unless he or she establishes that he or she:
(a)  was not knowingly a party to any authorisation by the body corporate of the contravention by the manager, and
(b)  took all reasonable steps (within the scope of his or her authority) to ensure that the body corporate maintained control over and supervision of the activities of the manager of the licensed premises in an effort to prevent any such contravention by the manager occurring.
(3)  A person may be proceeded against and convicted under a provision pursuant to this section whether or not the body corporate or manager of the licensed premises has been proceeded against or convicted.
(4)  This section does not affect any liability imposed on a body corporate or the manager of licensed premises for an offence committed by the body corporate or manager against this Act or the regulations.
(5)  Without limiting any other law or practice regarding the admissibility of evidence, evidence that an officer, employee or agent of a body corporate (while acting in his or her capacity as such) had, at any particular time, a particular intention, is evidence that the body corporate had that intention at that time.
s 69H: Ins 1994 No 42, Sch 1 (32).
Division 9 General
70   Record of licences
Records relating to licences shall be kept as prescribed.
71   Duplicate licence
The registrar may, on payment of the prescribed fee, issue a duplicate of a licence.
s 71: Subst 1990 No 114, Sch 4 (4).
71A   Endorsements on licences
A requirement of this Act that a condition or other matter be endorsed on a licence is sufficiently complied with if the condition or other matter is endorsed on a schedule to the licence.
s 71A: Ins 1994 No 42, Sch 1 (66).
Part 4 Liquor Administration Board
72   Constitution of Board
(1)  There is hereby constituted the Liquor Administration Board comprising:
(a)  ex-officio members, being the licensing magistrates for the time being holding office under section 8, and
(b)  if the Minister so determines, such number of appointed members, not exceeding 3, as the Minister thinks fit and appoints to the Board.
(2)  The holders for the time being of the offices of Chairperson and Deputy Chairperson of the Licensing Court hold office respectively as the Chairperson and Deputy Chairperson of the Board.
(3)  An appointed member of the Board holds office for such term, not exceeding 3 years, as is specified in the instrument of his or her appointment but is eligible for reappointment from time to time.
(4)  A person is not eligible to be an appointed member of the Board if the person has attained the age of 65 years.
(5)  A member of the Board is entitled to such travelling and subsistence allowances as the Minister may from time to time determine and an appointed member of the Board who is not an officer or employee under the Public Service Act 1979 is entitled to such other remuneration as the Minister may from time to time determine.
(6)  Where the Minister is satisfied that an appointed member of the Board is incapable or incompetent or has misconducted himself or herself, the Minister may remove the member from office.
(7)  An appointed member of the Board vacates his or her office if:
(a)  the member dies,
(b)  the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,
(c)  the member resigns his or her office by writing under his or her hand addressed to the Minister, or
(d)  the member is removed from office by the Minister under subsection (6).
73   Procedure at meeting of Board
(1)  The Chairperson of the Board or, in his or her absence, the Deputy Chairperson of the Board, shall preside at a meeting of the Board.
(2)  Where both the Chairperson of the Board and the Deputy Chairperson of the Board are absent from a meeting of the Board, a member of the Board elected for the purpose from among their number by the members present shall preside at the meeting.
(3)  For the purposes of a meeting of the Board, 2 or more members constitute a quorum and a decision supported by a majority of votes of the members present and voting at a meeting of the Board at which a quorum is present is a decision of the Board.
(4)  The member of the Board presiding at a meeting of the Board has a deliberative vote and, in the event of an equality of votes, a second or casting vote.
(5)  The procedure for the calling of meetings of the Board and for the conduct of business at those meetings shall, subject to the regulations, be as determined by the Board.
(6)  At a meeting of the Board:
(a)  the Board is not bound by the rules of evidence and may inform itself in any manner it thinks fit, and
(b)  appearances may be made in person or by solicitor or by counsel.
74   Functions of Board
(1)  In addition to the functions otherwise conferred on it by this or any other Act, the Board:
(a)  shall keep under constant review the operation of this Act and make such recommendations to the Minister in relation thereto as it thinks fit,
(b)  shall, upon being directed by the Minister so to do, inquire into, and make a report and recommendations to the Minister upon, any matter connected with the administration of this Act,
(c)  shall keep under constant review the standard of licensed premises,
(d)  may receive submissions or reports from any person with respect to the operation of this Act, and
(e)  may impose conditions with respect to any matter within its jurisdiction and revoke or vary any such condition.
(2)  The Governor may, under and subject to the Public Service Act 1979, appoint a secretary of the Board and such other officers as are necessary to enable the Board to carry out its functions.
74A   Certificate of suitability for on-licence
(1)  In response to a submission under section 74 (1) (d), the Board may, if it thinks fit, certify in respect of specified premises that, having regard to subsection (2), the Board is of the opinion that the premises are suitable, and are suitably situated, for the sale, supply and consumption of liquor thereon pursuant to an on-licence that is subject to specified conditions in addition to any other conditions to which the licence may be subject.
(2)  The Board shall, before determining whether or not to certify as provided by subsection (1) in relation to any premises:
(a1)  satisfy itself that no other class of on-licence and no other licence under this Act (other than a Governor’s licence) is suitable for the purpose of conducting the business proposed to be carried on pursuant to a licence relating to the premises, and
(a)  satisfy itself that the business proposed to be carried on pursuant to a licence relating to the premises would not be carried on in contravention of section 23 (3A), and
(b)  consider whether the carrying on of that business would adversely affect:
(i)  any other business in the neighbourhood of the premises that is being carried on pursuant to a licence, or
(ii)  the amenity of the neighbourhood of the premises, and
(c)  consider whether there is any reason, other than a reason arising pursuant to paragraph (a) or (b), why the Board should not certify as so provided.
(3)  A certificate issued under subsection (1):
(a)  lapses if an application for an on-licence relating to the premises specified in the certificate is not made within the period of 3 months that next succeeds the issue of the certificate, and
(b)  may be returned to the Board by the court for further consideration and, if the Board thinks fit, for revocation and the issue of another certificate.
s 74A: Ins 1985 No 77, Sch 1 (7). Am 1994 No 49, Sch 1 (10); 1999 No 12, Sch 1 [5].
75   Delegation of powers etc of Board
(1)  The Chairperson of the Board may, by writing under his or her hand, delegate to a member or officer of the Board, or to a Magistrate, any function conferred on the Board by or under this or any other Act.
(2)  The Chairperson of the Board may, by writing under his or her hand, revoke wholly or in part a delegation under subsection (1).
(3)  A delegation under subsection (1) may be made to a specified person or to the person for the time being holding a specified office and may be made generally or in a particular case.
(4)  Anything done pursuant to a delegation under subsection (1) has the same force and effect as it would have had if done by the Board.
(5)  A delegation of a function under subsection (1) does not prevent the exercise of the function by the Board.
(6)  Where a person purports to perform a function conferred on the Board by or under this or any other Act, it shall be presumed, unless the contrary is proved, that the person is duly authorised as a delegate of the Board to exercise the function.
(7)  A document purporting to have been signed by a person as a delegate of the Board shall be presumed, unless the contrary is proved, to have been signed by such a delegate and to have been so signed pursuant to the exercise of a function duly delegated to the person by the Board.
(8)  A delegation under this section may be made subject to such conditions or limitations as to the exercise of the function delegated, or as to time or circumstance, as may be specified in the instrument of delegation.
s 75: Am 1997 No 155, Sch 3 [2].
76   Disposal of money by Board
(1)  All money payable to the Board shall be collected and received by the Board on account of, and shall be paid into, the Consolidated Fund.
(2)    (Repealed)
s 76: Am 1984 No 153, Sch 1.
76A   Date of payment by direct deposit
A payment made to the Board or the Chief Commissioner for the purposes of this Act or the Gaming Machine Tax Act 2001 by means of payment to a bank, building society or credit union for direct deposit to the credit of the Board or the Chief Commissioner is taken to have been paid to the Board or the Chief Commissioner, as the case may be, on the date of payment to that bank, building society or credit union.
s 76A: Ins 1993 No 55, Sch 1 (2). Am 1996 No 24, Sch 1; 2001 No 72, Sch 3 [4]–[6].
77   Annual report of Board
(1)  As soon as practicable, but not later than 6 months, after the end of a prescribed period, the Board shall prepare and forward to the Minister a report upon:
(a)  the operation of this Act, and
(b)  the exercise by the Board of its functions,
during that prescribed period.
(2)  The Minister shall lay the report, or cause it to be laid, before both Houses of Parliament as soon as practicable after the receipt by the Minister of the report.
s 77: Am 1985 No 77, Sch 4 (10).
Part 5 Late payment of AAD licence fees
pt 5, hdg: Subst 1993 No 55, Sch 1 (3); 1997 No 155, Sch 1 [13]; 2001 No 72, Sch 3 [7].
Divisions 1, 2
78–86H   (Repealed)
pt 5, div 1, hdg: Ins 1993 No 55, Sch 1 (3). Rep 1997 No 155, Sch 1 [14].
pt 5, div 1: Rep 1997 No 155, Sch 1 [14].
s 78: Am 1985 No 77, Sch 2 (1). Rep 1997 No 155, Sch 1 [14].
s 78AA: Ins 1996 No 41, Sch 1 [24]. Rep 1997 No 155, Sch 1 [14].
s 78A: Ins 1994 No 42, Sch 1 (49). Am 1996 No 41, Sch 1 [25]–[27]. Rep 1997 No 155, Sch 1 [14].
s 79: Am 1984 No 57, Sch 1 (13); 1985 No 77, Sch 4 (11); 1986 No 81, Sch 1 (9); 1987 No 3, Sch 1 (10). Rep 1997 No 155, Sch 1 [14].
s 80: Am 1984 No 57, Sch 1 (14); 1986 No 81, Sch 1 (10); 1987 No 3, Sch 1 (11); 1987 No 176, Sch 2 (9); 1988 No 94, Sch 2; 1989 No 132, Sch 1; 1990 No 114, Sch 4 (5); 1992 No 48, Sch 1; 1993 No 28, Schs 1 (9), 5 (4); 1993 No 55, Sch 1 (4); 1994 No 42, Sch 1 (12) (44) (50) (63); 1994 No 49, Sch 1 (11). Rep 1997 No 155, Sch 1 [14].
s 81: Am 1985 No 77, Sch 2 (2); 1987 No 176, Sch 1 (9); 1992 No 48, Sch 1; 1994 No 49, Sch 1 (12). Rep 1997 No 155, Sch 1 [14].
s 81A: Ins 1992 No 48, Sch 1. Rep 1997 No 155, Sch 1 [14].
s 82: Am 1985 No 77, Sch 2 (3); 1987 No 3, Sch 1 (12). Rep 1997 No 155, Sch 1 [14].
s 83: Am 1985 No 77, Sch 2 (4). Rep 1997 No 155, Sch 1 [14].
s 83A: Ins 1987 No 3, Sch 1 (13). Am 1990 No 114, Sch 4 (6). Subst 1994 No 42, Sch 1 (68). Am 1994 No 49, Sch 1 (13). Rep 1997 No 155, Sch 1 [14].
s 84: Am 1985 No 77, Sch 2 (5); 1993 No 28, Sch 3 (19); 1994 No 42, Sch 1 (51) (69). Rep 1997 No 155, Sch 1 [14].
s 85: Am 1985 No 77, Sch 2 (6); 1993 No 28, Sch 3 (20); 1994 No 42, Sch 1 (70). Rep 1997 No 155, Sch 1 [14].
s 86: Am 1985 No 77, Schs 3 (5), 4 (12); 1990 No 28, Sch 2 (10); 1993 No 28, Schs 3 (21), 6 (1); 1994 No 42, Sch 1 (13). Rep 1997 No 155, Sch 1 [14].
s 86A: Ins 1992 No 48, Sch 1. Am 1993 No 28, Sch 6 (2); 1994 No 49, Sch 1 (14). Rep 1997 No 155, Sch 1 [14].
pt 5, div 2: Ins 1993 No 55, Sch 1 (5). Rep 1997 No 155, Sch 1 [14].
s 86B: Ins 1993 No 55, Sch 1 (5). Am 1994 No 49, Sch 1 (15). Rep 1997 No 155, Sch 1 [14].
ss 86C–86H: Ins 1993 No 55, Sch 1 (5). Rep 1997 No 155, Sch 1 [14].
Division 3 Penalties for failure to pay AAD licence fees
pt 5, div 3: Ins 1993 No 55, Sch 1 (5).
86I   Cancellation for late payment of AAD licence fee
(1)  If a licence fee for an amusement device dealer’s licence, an amusement device seller’s licence or an amusement device technician’s licence has not been paid before the expiration of 2 months after the due date for payment, the licence is cancelled.
(2)  The former holder of a licence which has been cancelled by the operation of this section must forward the licence to the Principal Registrar without delay.
Maximum penalty: 2 penalty units.
s 86I: Ins 1993 No 55, Sch 1 (5).
86J   Application for reinstatement of cancelled AAD licence
(1)  The former holder of a licence cancelled by the operation of section 86I may apply to the court for the reinstatement of the licence.
(2)  Such an application must be made within 2 months after the cancellation of the licence. The application must be accompanied by payment of the unpaid licence fee concerned.
(3)  The regulations may make provision for or with respect to the manner in which such an application is to be made and lodged, the documents required to accompany the application and requiring payment of a fee in respect of the application.
(4)  The court may order reinstatement of the licence but only if satisfied that there is a reasonable explanation for the failure to pay the licence fee that resulted in cancellation of the licence. The court is not to order reinstatement if of the opinion that the licence should not be reinstated.
(5)  The licence is reinstated on and from the day ordered by the court.
(6), (7)    (Repealed)
s 86J: Ins 1993 No 55, Sch 1 (5). Am 1997 No 155, Sch 1 [15].
Divisions 4, 5
86JA–86V   (Repealed)
pt 5, div 4, hdg: Ins 1993 No 55, Sch 1 (5). Am 1996 No 103, Sch 1 [2]. Rep 2001 No 72, Sch 3 [8].
pt 5, div 4: Ins 1993 No 55, Sch 1 (5). Rep 2001 No 72, Sch 3 [8].
s 86JA: Ins 1996 No 103, Sch 1 [3]. Rep 2001 No 72, Sch 3 [8].
s 86JB: Ins 1996 No 103, Sch 1 [3]. Am 1997 No 155, Sch 1 [16]; 1999 No 27, Sch 1 [13]. Rep 2001 No 72, Sch 3 [8].
s 86JC: Ins 1997 No 44, Sch 1 [3]. Am 1997 No 151, Sch 3 [2] [3]. Rep 2001 No 72, Sch 3 [8].
s 86K: Ins 1993 No 55, Sch 1 (5). Am 1994 No 42, Sch 1 (65). Subst 1996 No 103, Sch 1 [4]. Am 1998 No 12, Sch 1 [1]; 2000 No 44, Sch 4 [1] [2]. Rep 2001 No 72, Sch 3 [8].
s 86KA: Ins 1996 No 103, Sch 1 [4]. Am 1997 No 73, Sch 3 [2]; 2000 No 44, Sch 4 [3]. Rep 2001 No 72, Sch 3 [8].
s 86KB: Ins 1996 No 103, Sch 1 [4]. Am 1998 No 12, Sch 1 [2]. Rep 2001 No 72, Sch 3 [8].
s 86L: Ins 1993 No 55, Sch 1 (5). Am 1996 No 103, Sch 1 [5]; 1999 No 27, Sch 1 [14]. Rep 2001 No 72, Sch 3 [8].
s 86M: Ins 1993 No 55, Sch 1 (5). Am 1996 No 103, Sch 1 [6]. Rep 2001 No 72, Sch 3 [8].
s 86N: Ins 1993 No 55, Sch 1 (5). Am 1996 No 103, Sch 1 [7]. Rep 2001 No 72, Sch 3 [8].
s 86NA: Ins 1997 No 155, Sch 3 [10]. Rep 2001 No 72, Sch 3 [8].
s 86O: Ins 1993 No 55, Sch 1 (5). Rep 2001 No 72, Sch 3 [8].
pt 5, div 5 (ss 86P–86V): Ins 1993 No 55, Sch 1 (5). Rep 1997 No 155, Sch 1 [17].
Part 6 Licensed premises
87   (Repealed)
s 87: Am 1985 No 77, Sch 4 (13); 1990 No 28, Sch 2 (2); 1990 No 61, Sch 1 (2). Rep 1990 No 114, Sch 3 (2).
88   Reception areas
(1)  The court may, when granting an on-licence relating to a restaurant or on the application of the holder of an on-licence relating to a restaurant, and subject to such conditions as it may impose, authorise the use of a specified part of the licensed premises as a reception area.
(2)  The court may, on the application of the licensee or the Director or the Commissioner of Police:
(a)  revoke an authorisation under subsection (1),
(b)  impose any condition, or any further condition, to which such an authorisation is to be subject, or
(c)  revoke or vary any condition imposed under subsection (1) or paragraph (b).
(3)  An authorisation under subsection (1) is in force only while all conditions to which it is subject are being complied with.
(4)  The Board may, on the application of the licensee or the Director or the Commissioner of Police:
(a)  vary an authorisation under subsection (1) so that it relates to the use of a part of the licensed premises different from that to which it related before the variation, or
(b)  authorise, by variation of a condition or otherwise, a variation of the design or fittings of a reception area.
s 88: Am 1984 No 57, Sch 4 (4); 1985 No 77, Sch 1 (8); 1990 No 28, Sch 2 (2).
89   (Repealed)
s 89: Am 1990 No 28, Sch 2 (2). Rep 1989 No 11, Sch 1.
90   Boundaries of licensed premises
(1)  The Board may define or redefine the boundaries of licensed premises or proposed licensed premises of its own motion or on the application of:
(a)  the owner of the premises,
(b)  the licensee, or
(c)  the applicant for a licence,
subject to each part of the licensed premises, as so defined or redefined, being contiguous with all other parts thereof.
(2)  The Board may redefine the boundaries of licensed premises in respect of which there is an on-licence relating to a restaurant or a nightclub licence in order to include premises contiguous with the restaurant or nightclub that comprise a motel containing not less than the prescribed number of rooms of a good standard each of which has separate sanitary and bathing facilities.
(3)  A redefinition of boundaries under subsection (2) does not take effect until the appropriate fee has been paid. The appropriate fee is such fee, not exceeding $4000, as is fixed by the Board for the redefinition.
(4)  The Board must not define or redefine the boundaries of licensed premises or proposed licensed premises in relation to a hotelier’s licence unless it is satisfied that after the definition or redefinition:
(a)  the primary purpose of the business to be conducted in the hotel under the authority of the licence will be the sale of liquor by retail, and
(b)  any use of approved gaming devices on the premises will not detract unduly from the character of the premises or from the enjoyment of persons ordinarily resorting to the premises (otherwise than for gaming).
s 90: Am 1985 No 77, Sch 4 (14); 1996 No 41, Sch 1 [28]; 1998 No 151, Sch 1 [18]; 1999 No 63, Sch 1 [41] [42].
91   Name of licensed premises
(1)  A licensee (other than the licensee under an on-licence to sell liquor at a function) shall, not later than the expiration of the prescribed period after the commencement of this Act, cause to appear and be maintained on the front of the licensed premises, as prescribed, a sign that specifies:
(a)  a name for the licensed premises (not being a name that is a prohibited name for the licensed premises under this section), and
(b)  the name of the licensee, and
(c)  any other prescribed particulars.
Maximum penalty: 3 penalty units.
(2)  A licensee shall not alter the name referred to in subsection (1) (a) unless:
(a)  the Board has approved in writing of the proposed new name, and
(b)  the registrar has endorsed the change of name on the licence.
Maximum penalty: 3 penalty units.
(2A)  The Board must not approve an alteration of the name of licensed premises if the name as proposed to be altered is a prohibited name for the licensed premises under this section.
(2B)  A licensee must not cause or permit the use on any sign displayed on the exterior of the licensed premises or in any advertising with respect to the licensed premises of a name that is a prohibited name for the licensed premises under this section.
Maximum penalty: 5 penalty units.
(2C)  A name is a prohibited name for licensed premises under this section if:
(a)  it is a name or a name of a kind, or contains words or words of a kind, prescribed by the regulations as prohibited, either in relation to all licensed premises or in relation to the particular class of licensed premises of which the licensed premises forms part, or
(b)  it is a name that the Board has notified the licensee in writing is prohibited as being objectionable, inappropriate or misleading.
(2D)  A regulation for the purposes of subsection (2C) may be made so as to apply to licensed premises generally or so as to apply only to a specified class or specified classes of licensed premises.
(2E)  A name may not be prohibited in respect of licensed premises by notification under this section if the regulations provide that the name is permitted for use in relation to the licensed premises concerned or in relation to the particular class of licensed premises concerned.
(3)  It is a defence to a prosecution for an offence under this section if it is proved that:
(a)  the licensee had taken all reasonable precautions to avoid commission of the alleged offence, and
(b)  at the time of the alleged offence, the licensee did not know, and could not reasonably be expected to have known, that the alleged offence had been committed.
s 91: Am 1993 No 28, Sch 3 (22); 1994 No 42, Sch 1 (46).
91A   Restrictions on use of “casino” etc to advertise licensed premises
(1)  A licensee must not cause or permit the licensed premises or any part of the licensed premises to be described, promoted or referred to (whether on any sign or in any advertising with respect to the licensed premises or otherwise) as a casino or by use of any other description that is prescribed as a prohibited description for licensed premises.
Maximum penalty: 5 penalty units.
(2)  Subsection (1) does not apply to the contents of any sign or advertising or promotional material if the sign is not visible, and the material is not visible or audible, from any public place outside the licensed premises concerned.
(3)  The regulations may provide for the circumstances in which use of the word “casino” or any other specified word in a name or description of licensed premises or a part of the premises is not a contravention of this section.
s 91A: Ins 1994 No 42, Sch 1 (47).
92   Gaming-related advertising
(1)  A hotelier must not cause or permit any gaming-related advertising material to be displayed on the exterior or interior of the licensed premises, or in the vicinity of the licensed premises, in contravention of any requirement prescribed by the regulations.
Maximum penalty: 5 penalty units.
(2)  Subsection (1) does not apply to any advertising material that is not visible from any public place outside the licensed premises.
(3)  In this section:
gaming-related advertising material means any sign, poster or other thing that advertises or draws attention to, or can reasonably be taken to advertise or draw attention to, any facilities relating to approved gaming devices within licensed premises, whether by the use of words, symbols, pictures or in any other manner.
s 92: Am 1993 No 28, Sch 6 (3); 1994 No 42, Sch 1 (38). Rep 1994 No 49, Sch 1 (16). Ins 1996 No 103, Sch 1 [8].
93   Temporary premises
(1)  Where premises in respect of which a hotelier’s licence or an off-licence to sell liquor by retail is held are, from any cause, rendered unfit for the carrying on of business thereon, the licensee may, if the licensee is authorised by the Board so to do, temporarily carry on business pursuant to the licence either on some part of the licensed premises approved by the Board or on some neighbouring premises so approved.
(2)  A licensee may not carry on business pursuant to an authority granted under subsection (1) for a period of more than 12 months and any additional periods that the Board from time to time thinks fit to allow upon application made before the expiration of the period sought to be extended.
94–96   (Repealed)
s 94: Am 1985 No 77, Sch 4 (15); 1989 No 130, Sch 1. Rep 1990 No 28, Sch 3 (6).
s 95: Am 1985 No 77, Sch 4 (16). Rep 1990 No 28, Sch 3 (7).
s 96: Rep 1994 No 49, Sch 1 (17).
97   Breath analysis equipment
(1)  Evidence of the results of a test indicating the presence or concentration of alcohol in the blood of a person by means of a breath analysing instrument installed on licensed premises is not admissible:
(a)  in any civil proceedings against the licensee of the licensed premises (subject to subsection (2)), or
(b)  in any criminal proceedings.
(2)  This section does not prevent the admission into evidence in civil proceedings of the results of a test if it is established that at the time of the test:
(a)  the breath analysing instrument concerned did not comply with the relevant Australian Standard (as in force at the date of the manufacture of the instrument), or
(b)  the licensee was aware or should have been aware that the instrument was not operating correctly, or
(c)  subsection (4) was being contravened in respect of the breath analysing instrument concerned.
(3)  A breath analysing instrument is an instrument that is designed to ascertain by analysis of a person’s breath the concentration of alcohol present in the person’s blood, being an instrument of a type specified in Australian Standard 3547 (Breath Alcohol Testing Devices for Personal Use), published by Standards Australia. That standard, as in force from time to time, is the relevant Australian Standard for the purposes of this section.
(4)  At all times that a breath analysing instrument installed on licensed premises is available for use by customers on those premises there must be prominently displayed on or in close proximity to the instrument a sign that complies with the following requirements:
(a)  the sign must be clearly legible and in good condition and so positioned that its contents can be easily read by a person using the instrument,
(b)  the sign must display the following matter in print of a type size and character that will be clearly legible to a person using the equipment:
IMPORTANT INFORMATION ABOUT BREATH TESTING
Readings given by this instrument are NOT ACCEPTED by the Police or the Courts.
Your blood alcohol level can rise for 1 hour or more after your last drink.
(5)  If subsection (4) is contravened, the licensee of the licensed premises concerned is guilty of an offence.
Maximum penalty: 20 penalty units.
s 97: Am 1990 No 31, sec 34. Rep 1990 No 28, Sch 3 (8). Ins 1994 No 49, Sch 1 (18). Am 1996 No 41, Sch 1 [29]; 1999 No 12, Sch 1 [6] [7]; 1999 No 85, Sch 2.32.
98   Authority to be on licensed premises
A person required or authorised to carry out work on licensed premises in accordance with an order or direction of a public authority and persons authorised by the person may, for the purpose of doing such things as are connected with preparing or tendering for, or carrying out and completing, the work to which the order or authority relates, enter and remain upon the licensed premises at such times as are reasonably necessary for that purpose.
s 98: Am 1990 No 28, Sch 3 (9).
99   Apportionment of cost of compulsory alterations
(1)  Where work on licensed premises is carried out pursuant to an order or direction of a public authority entitled to require the work to be done, the Board may, if it thinks fit so to do, determine the extent to which the cost of the work is to be borne by:
(a)  the owner of the premises,
(b)  sublessors and sublessees of the premises, or
(c)  the occupier of the premises,
or any 2 or more of them.
(2)  In exercising its powers under subsection (1), the Board may:
(a)  order a person referred to in subsection (1) (a), (b) or (c) to pay to any other such person an amount certified by the Board as payable by the person under this section and, where such an order is made, the amount ordered to be paid is a debt due by the person ordered to make the payment to the person to whom payment is ordered to be made, or
(b)  order the amount of any rent payable in respect of the licensed premises to be increased or reduced to an amount specified in the order and, where such an order is made, the lease pursuant to which the rent is payable shall be deemed to have been amended to provide for the payment of rent in accordance with the order of the Board,
or it may make an order under both paragraph (a) and paragraph (b).
(3)  In deciding whether, and in what manner, it should exercise its powers under this section the Board shall have due regard to any agreement or covenant entered into by a person referred to in subsection (1) (a), (b) or (c) in relation to the licensed premises.
(4)  Where an order is made under subsection (2) (a) and a copy of the order is filed, together with such other documents as may be prescribed, in the office of a Local Court having jurisdiction under the Local Courts (Civil Claims) Act 1970 at or nearest the prescribed place at which the application that led to the order was heard, the order may be enforced as a judgment of that Local Court for the payment of that amount in accordance with the order of the Board.
s 99: Am 1985 No 77, Sch 4 (17); 1990 No 28, Sch 3 (10); 1994 No 49, Sch 1 (19); 1999 No 31, Sch 4.53 [2] [3].
100   Common inns
(1)  Premises to which a hotelier’s licence relates are a common inn.
(2)  Subsection (1) does not operate to preclude premises that are not premises to which a hotelier’s licence relates from being a common inn.
(3)  This Act does not prejudice or affect the operation of the Innkeepers Act 1968.
101   Control of licensed premises
(1)  A licensee shall not:
(a)  in relation to licensed premises within a special area, permit any person (other than a person appointed as manager of the premises) to have the supervision and management of the conduct of the business under the licence for a longer continuous period than 6 weeks, except with the previous written consent of the Board, or
(a1)  in relation to licensed premises situated elsewhere, permit any person to have the supervision and management of the conduct of the business under the licence for a longer continuous period than 6 weeks, except with the previous written consent of the Board, or
(b)  where the licence is a hotelier’s licence and any requirement or condition for the provision of the accommodation referred to in section 49 (1) (a) or (d) has not been dispensed with—cease to use the licensed premises as his or her usual place of residence without the previous written consent of the board,
(c)  let or sublet the right to sell liquor on his or her licensed premises,
(d)  let or sublet any part of his or her licensed premises on which liquor is ordinarily sold or supplied or on which approved gaming devices are ordinarily kept, used or operated, or
(e)  without the previous written consent of the Board:
(i)  let or sublet any other part of the licensed premises, or
(ii)  let or sublet the right to supply gaming or liquor-related services in the licensed premises, or
(iii)  enter into any contract or arrangement, relating to any gaming or liquor-related services, in respect of the licensed premises.
Maximum penalty: 50 penalty units.
(2)  A person who is, in accordance with subsection (1) (a) or (a1), responsible for the supervision and management of licensed premises is, while so authorised, taken to be the licensee.
(3)  It is a condition of a licence for premises that are not situated in a special area, that the licensee has responsibility for the supervision and management of the conduct of the business under the licence on the licensed premises except in circumstances where the licensee is not contravening subsection (1) (a1).
(4)  It is a condition of a licence for premises that are situated in a special area and that do not have a body corporate as licensee, that the licensee has responsibility for the personal supervision and management of the conduct of the business under the licence on the licensed premises except:
(a)  during any period for which a manager has that responsibility, or
(b)  in circumstances where the licensee is not contravening subsection (1) (a).
(4A)  If a person (other than a licensee or a financial institution) becomes interested in the business, or the conduct of the business, of the licensed premises, it is a condition of the licence that the licensee must, within 28 days after the other person’s becoming so interested, produce to the registrar an affidavit stating:
(a)  that the licensee has made all reasonable inquiries to ascertain the information required to complete the affidavit, and
(b)  the name and date of birth of the person so interested and, in the case of a proprietary company, the names of the directors and shareholders.
(4B)  For the purposes of subsection (4A), a person is interested in the business, or the conduct of the business, of the licensed premises concerned if the person is entitled to receive:
(a)  any income derived from the business, or any other financial benefit or financial advantage from the carrying on of the business (whether the entitlement arises at law or in equity or otherwise), or
(b)  any rent, profit or other income in connection with the use or occupation of premises on which the business is to be carried on.
(5)  Subsection (4A) does not apply to or in respect of an on-licence relating to a vessel or aircraft or to or in respect of an on-licence to sell liquor at a function.
(6)  In the application of this section to a caterer’s licence, a reference to the business of the licensed premises is a reference to the business of providing catering services on licensed premises under the licence.
(7)  Subsections (1) (a), (a1) and (b) and (2) do not apply to or in respect of a licence held by a body corporate. Subsection (3) does not apply to or in respect of a licence held by a body corporate unless the licence is a gaming-related licence.
(8)  A person (other than a licensee) must not:
(a)  let or sublet any part of his or her premises that are licensed premises on which liquor is ordinarily sold or supplied, or on which an approved gaming device is ordinarily kept, used or operated, to any person other than the licensee for those premises, or
(b)  without the previous written consent of the Board, let or sublet any other part of his or her premises that are licensed premises, to any person other than the licensee for those premises, or
(c)  without the previous written consent of the Board, let or sublet the right to supply any gaming or liquor-related services (as defined in subsection (9)) in his or her premises that are licensed premises, to any person other than the licensee for those premises, or
(d)  without the previous written consent of the Board, enter into any contract or arrangement, relating to any gaming or liquor-related services, in respect of his or her premises that are licensed premises.
Maximum penalty (subsection (8)): 50 penalty units.
(9)  In this section, gaming or liquor-related services means such services with respect to the sale or supply of liquor or the keeping, use, operation or promotion of the use of approved gaming devices as may be prescribed by the regulations.
s 101: Am 1984 No 57, Sch 1 (15); 1984 No 139, Sch 3 (2); 1993 No 47, Sch 1; 1994 No 42, Sch 1 (14) (33); 1996 No 42, Sch 1 [63]–[66]; 1997 No 155, Schs 2 [21], 3 [11]; 1998 No 151, Sch 1 [19] [20]; 1999 No 63, Sch 1 [43] [44]; 2000 No 62, Sch 1 [23]–[26].
101A   Directions as to character of licensed premises
(1)  This section applies if the Director has reasonable cause to believe that a hotelier has failed to comply with the condition imposed on the licence by section 21AA. Without limiting the factors to which the Director may have regard for that purpose, the Director may have regard to the factors to which a court may have regard under section 49A.
(2)  The Director may give any direction to a hotelier requiring the hotelier to take remedial action specified in the direction within the time specified in the direction.
(3)  A direction must be in writing.
(4)  The Director may revoke or vary a direction given under this section.
s 101A: Ins 1998 No 151, Sch 1 [21].
102   Directions concerning premises to which dine-or-drink authority relates
(1)  This section applies to licensed premises that are the subject of a licence endorsed with a dine-or-drink authority.
(2)  The Director or the Commissioner of Police may give such directions, orally or in writing, to the licensee or manager of the licensed premises as the Director or Commissioner considers appropriate in the public interest, or (without limitation) for the purpose of minimising harm associated with misuse and abuse of liquor, if the Director or the Commissioner has cause to believe on reasonable grounds that the giving of such a direction is warranted, having regard to:
(a)  the manner in which the licensed premises are conducted, or
(b)  the behaviour of patrons of the licensed premises.
(3)  The Director or the Commissioner of Police (as the case requires) may revoke or vary a direction given under this section.
s 102: Am 1993 No 28, Sch 6 (4). Rep 1994 No 49, Sch 1 (20). Ins 1998 No 91, Sch 1 [13]. Am 1999 No 63, Sch 1 [45].
103   Exclusion of persons from licensed premises
(1)  A licensee or his or her employee may refuse to admit to the licensed premises and may turn out, or cause to be turned out, of the licensed premises any person:
(a)  who is then intoxicated, violent, quarrelsome or disorderly,
(b)  who, for the purposes of prostitution, engages or uses any part of the licensed premises,
(c)  whose presence on the licensed premises renders the licensee liable to a penalty under this Act, or
(d)  who hawks, peddles or sells any goods on the premises, or
(e)  who uses, or has in his or her possession, while on the premises any substance that the licensee or employee suspects of being a prohibited plant or a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or
(f)  whom the licensee, under the conditions of the licence or according to a term (of the kind referred to in section 104E (1)) of a local liquor accord, is authorised or required to refuse access to the licensed premises.
(2)  Where, pursuant to subsection (1), a person has been refused admission to, or has been turned out of, licensed premises, the licensee or his or her employee may, at any subsequent time or from time to time, refuse to admit that person into the licensed premises or may turn the person out, or cause the person to be turned out, of the licensed premises.
(3)  Where a person to whom a licensee is, under subsection (1) or (2), entitled to refuse admission to the licensed premises is on the premises the person shall, upon being required so to do by the licensee, his or her employee or a member of the police force, quit the premises.
Maximum penalty: 50 penalty units.
(3A)  For the purposes of subsection (1) or (2), such reasonable degree of force as may be necessary may be used to turn a person out of licensed premises.
(4)  Where a member of the police force is requested by a licensee or an employee of the licensee to turn out, or to assist in turning out, of the licensed premises a person whom the licensee is entitled under subsection (1) or (2) to turn out of the premises, it is the duty of the member of the police force to comply with the request and he or she may, for that purpose, use such reasonable degree of force as may be necessary.
s 103: Am 1989 No 91, Sch 4 (1); 1996 No 42, Sch 1 [67]–[69]; 2000 No 62, Sch 1 [27].
104   Quiet and good order of neighbourhood
(1)  If a written complaint is made to the Board of undue disturbance of the quiet and good order of the neighbourhood of licensed premises caused by:
(a)  the manner in which the business of the licensed premises is conducted, or
(b)  the behaviour of persons after they have left the licensed premises, or
(c)  the manner in which the business of the licensed premises is conducted and the behaviour of persons after they have left the licensed premises,
the Board may convene a conference to hear submissions relating to the complaint.
(1A)  A complaint under this section must be made or verified by statutory declaration.
(1AA)  A complaint under this section can be made only by:
(a)  a person authorised in writing by 3 or more persons residing in the neighbourhood of the licensed premises or a person who is such a resident and is authorised in writing by 2 or more other such residents, or
(b)  the Commissioner of Police, or
(c)  a person authorised by the local consent authority in relation to the licensed premises, or
(d)  a person who satisfies the Board that his or her interests, financial or other, are adversely affected by the undue disturbance to which the person’s complaint relates, or
(e)  the Director.
(1AB)  A complaint may relate to more than one licensed premises.
(1AC)  A conference may relate to more than one complaint.
(1AD)  A conference convened in relation to licensed premises the subject of a complaint may be extended to include any other licensed premises, and any registered club, if the Board is satisfied:
(a)  that the evidence given in support of the complaint would support a complaint against the other licensed premises or registered club, or
(b)  that, assuming that the complaint is shown to be justified, action taken in relation to the licensed premises the subject of the complaint will be ineffective unless similar action is taken in relation to the other licensed premises or registered club.
(1AE)  Any licensed premises or registered club to which a conference is extended as referred to in subsection (1AD) is, for the purposes of this section, taken to be the subject of a complaint, and this section applies to the complaint:
(a)  as if the complaint had been made under subsection (1), and
(b)  as if a reference in this section to licensed premises included a reference to a registered club, and
(c)  as if a reference in this section to a licence included a reference to a certificate of registration, and
(d)  as if the powers exercisable by a member of the Board under subsection (3) included, in relation only to a registered club, the power referred to in section 17AA (3) (a1) of the Registered Clubs Act 1976.
(1AF)  Action taken under this section in relation to a registered club has effect under the Registered Clubs Act 1976 in the same way as if it had been taken under section 17AA of that Act in relation to a complaint dealt with under that section.
(2)  Notice of the time and place for the conference shall be given to all complainants and the licensee or licensees as directed by the Board.
(3)  The conference shall be presided over by a member of the Board who may, in relation to a licence, after giving each complainant present and the licensee (if present) a reasonable opportunity to be heard in relation to the complaint:
(a)  impose, vary or revoke conditions of the licence, or
(b)  adjourn the conference subject to implementation and continuation of undertakings given by the licensee, or
(c)  issue a warning to the licensee, or
(d)  take no action.
(4)  The conditions that may be imposed on a licence include, but are not limited to, conditions relating to:
(a)  noise abatement, or
(b)  prohibition of the sale or supply of liquor before 10 am and after 11 pm, or
(c)  noise abatement and such a prohibition, or
(d)  prohibition of or restriction on activities (such as promotions or discounting) that could encourage misuse or abuse of liquor (such as binge drinking or excessive consumption), or
(e)  limitation of trading hours and public access as referred to in section 20 (2B).
(5)  Procedure at the conference (including any decision to adjourn the conference) shall be determined by the presiding member of the Board.
(6)  The functions exercised by the member of the Board presiding at the conference shall be taken to be functions of the Board delegated to the presiding member under section 75.
(7)  For the purposes of Part 9 (Appeals) a decision of the member of the Board presiding at the conference shall be taken to be an adjudication made by a licensing magistrate sitting alone.
(8)  In the application of this section to a caterer’s licence:
(a)  a reference to licensed premises does not include private domestic premises, and
(b)  a reference to the business of the licensed premises is a reference to the business of providing catering services on licensed premises (other than private domestic premises) under the licence.
(9)  If a condition restricting the trading hours of a licensee is imposed under this section, an application may be made to the Board to vary or revoke the condition. The application may not be made by or on behalf of the licensee during the period of 6 months that next succeeds the imposition of the condition, except with the leave of the Board granted on the ground that there has been a material change in the facts or circumstances on which the imposition of the condition was based. The application may be dealt with by the Board in such manner as the Board determines.
s 104: Subst 1989 No 91, Sch 2 (2). Am 1994 No 42, Sch 1 (15) (52); 1994 No 49, Sch 1 (21); 1995 No 34, Sch 1 [12] [13]; 1996 No 41, Sch 1 [30] [31]; 1999 No 12, Sch 1 [8]–[11]; 2000 No 62, Sch 1 [28].
104A   Order by authorised justice for short-term closure of premises
(1)  An authorised justice may, by notice served on a licensee or a person apparently in charge of licensed premises, order the licensee to close the licensed premises from a time specified in the order until a later specified time.
(2)  An authorised justice may only make an order under this section:
(a)  on the application of the Director or the Commissioner of Police, and
(b)  if the authorised justice is satisfied that a serious breach of this Act has occurred, or is likely to occur, on the premises and that the closure of the premises is necessary to prevent or reduce a significant threat or risk to the public interest.
(3)  Without limiting the generality of subsection (2), circumstances in which there may be a significant threat or risk to the public interest include circumstances in which there is:
(a)  a threat to public health or safety, or
(b)  a risk of substantial damage to property, or
(c)  a significant threat to the environment, or
(d)  a risk of serious offences (having a maximum penalty of not less than 2 years imprisonment) being committed on the premises.
(4)  An order must not require the closure of premises for a period longer than 72 hours.
(5)  An order may require the closure of premises until specified conditions are met but must not require closure for a period longer than 72 hours.
(6)  A licensee must not fail to comply with an order made under this section.
Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.
(7)  Two or more orders closing the same premises may not be made under this section in any period of one week.
ss 104A–104D: Ins 1996 No 42, Sch 1 [70].
104B   Urgent application for order under section 104A
(1)  An application under section 104A may be made by telephone.
(2)  An authorised justice must not issue an order under section 104A on an application made by telephone unless satisfied that the order is required urgently and that it is not practicable for the application to be made in person.
(3)  An application under this section must be made by facsimile if the facilities to do so are readily available for that purpose.
(4)  An authorised justice who issues an order under section 104A on an application made by telephone must:
(a)  complete and sign the order, and
(b)  furnish the order to the applicant or inform the applicant of the terms of the order and of the date and time when it was signed.
(5)  If an order under section 104A is issued on an application made by telephone and the applicant is not furnished with the order, the applicant must:
(a)  complete a form of order in the terms indicated by the authorised justice under subsection (4), and
(b)  write on the form the name of the authorised justice and the date and time when the order was signed.
(6)  A form of order so completed is taken to be an order issued under section 104A.
(7)  An order under section 104A issued on an application made by telephone is to be furnished by an authorised justice by transmitting it by facsimile, if the facilities to do so are readily available, and the copy produced by that transmission is taken to be the original document.
(8)  In this section:
(a)  telephone includes radio, facsimile or other communication device, and
(b)  a reference to facsimile includes a reference to any electronic communication device which transmits information in a form from which written material is capable of being reproduced with or without the aid of any other device or article.
ss 104A–104D: Ins 1996 No 42, Sch 1 [70].
104C   Order by court for closure of premises
(1)  The court may, on the application of the Director or the Commissioner of Police, order a licensee to close the licensed premises from a time specified in the order until a later specified time.
(2)  The court may only make an order under this section if:
(a)  the licensee or manager of the premises is the subject of an investigation under section 66A or of a police investigation or a complaint has been made in relation to the licensee or manager or a close associate of the licensee, and
(b)  the licensee has been given notice of the application for closure and has been given an opportunity to appear before the court and be heard in relation to the application, and
(c)  the court is of the opinion that a serious breach of this Act has occurred, or is likely to occur, on the premises and that the closure of the premises is necessary to prevent or reduce a significant threat or risk to the public interest.
(3)  Without limiting the generality of subsection (2), circumstances in which there may be a significant threat or risk to the public interest include circumstances in which there is:
(a)  a threat to public health or safety, or
(b)  a risk of substantial damage to property, or
(c)  a significant threat to the environment, or
(d)  a risk of serious offences (having a maximum penalty of not less than 2 years imprisonment) being committed on the premises.
(4)  An order ceases to have effect at the time specified or when a complaint concerning the licensee or manager of the premises is determined under this Act, whichever is the earlier.
(5)  An order may not require the closure of premises for a period longer than the period prescribed by the regulations.
(6)  An order may require the closure of premises until specified conditions are met but must not require closure for a period longer than that permitted under subsection (5).
(7)  A licensee must not fail to comply with an order made under this section.
Maximum penalty (subsection (7)): 50 penalty units or imprisonment for 6 months, or both.
ss 104A–104D: Ins 1996 No 42, Sch 1 [70].
104D   Further closure orders
(1)  The court may grant 2 or more orders in respect of premises under section 104C.
(2)  An application for another order may be made, and determined, before the end of a current order.
ss 104A–104D: Ins 1996 No 42, Sch 1 [70].
104E   Local liquor accords
(1)  Without limiting the terms that may be included in a local liquor accord, such an accord may make provision for or with respect to authorising or requiring any licensees who are parties to the accord:
(a)  to cease to serve liquor at their licensed premises, or
(b)  to restrict the public’s access to their licensed premises in a manner and to the extent provided by the accord,
or both, from a time of day that is earlier than the time at which, as required by the relevant licence, trading must cease.
(2)  Entry by any person into a local liquor accord, and any conduct on the part of any person for the purpose of promoting or giving effect to the terms of a local liquor accord, are specifically authorised by this Act for the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales.
(3)  Conduct authorised by subsection (2) is authorised only to the extent (if any) to which the conduct, so far as it consists of things done to regulate the supply of liquor or in some other respect, would otherwise contravene Part IV of the Trade Practices Act 1974 of the Commonwealth or the Competition Code of New South Wales.
s 104E: Ins 1999 No 27, Sch 1 [15]. Am 2000 No 62, Sch 1 [29] [30].
105   Breach of the peace
Where, upon application by any person, a licensee is directed by a Magistrate or licensing magistrate to close his or her licensed premises because, in the opinion of the magistrate, there is, or is likely to be, a breach of the peace in the neighbourhood of the licensed premises, the licensee shall close the premises from a time specified by the magistrate when giving the direction until a later time, whether on the same or a different day, so specified.
Maximum penalty: 10 penalty units or imprisonment for 6 months or both.
s 105: Am 1993 No 28, Sch 6 (5); 1997 No 155, Sch 3 [8].
Part 6A Key officials
pt 6A: Ins 1993 No 28, Sch 2 (2).
105A   Restrictions relating to key officials
(1)  A key official must not:
(a)  hold any type of licence under this Act, or
(b)  solicit employment, in any capacity, from a licensee or a person known by the key official to be a close associate of a licensee, or
(c)  be an employee, in any capacity, of a licensee or a person known by the key official to be a close associate of a licensee.
(2)  A person holding the office of Director-General of the Department of Gaming and Racing, or the office of Director, or the office of Commissioner of Police, must not knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a licensee or a person known by the holder of the office to be a close associate of a licensee.
(3)  A key official (other than a key official who is the Director-General of the Department of Gaming and Racing, or is the Director, or is the Commissioner of Police) must not without the approval of the appropriate authority knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a licensee or a person known by the key official to be a close associate of a licensee.
(4)  A licensee or a close associate of a licensee must not:
(a)  employ, in any capacity, a person known by the licensee or close associate to be a key official, or
(b)  knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a person known by the licensee or close associate to be the Director-General of the Department of Gaming and Racing, or the Director, or the Commissioner of Police, or
(c)  without the approval of the appropriate authority knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a person known by the licensee or close associate to be a key official (other than a key official who is the Director-General of the Department of Gaming and Racing, or is the Director, or is the Commissioner of Police).
(5)  A person who contravenes a provision of this section applicable to the person is guilty of an offence against this Act.
Maximum penalty: 50 penalty units.
(6)  In this section:
appropriate authority, in relation to a key official, means:
(a)  the Director-General of the Department of Gaming and Racing, unless the key official is a member of the Police Service, or
(b)  the Commissioner of Police, if the key official is a member of the Police Service.
s 105A: Ins 1993 No 28, Sch 2 (2). Am 1995 No 34, Sch 1 [14].
105B   Restrictions relating to former key officials
(1)  A former key official must not:
(a)  hold any type of licence under this Act, or
(b)  solicit employment, in any capacity, from a licensee or a person known by the former key official to be a close associate of a licensee, or
(c)  be an employee, in any capacity, of a licensee or a person known by the former key official to be a close associate of a licensee, or
(d)  knowingly have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a licensee or a person known by the former key official to be a close associate of a licensee.
Maximum penalty: 50 penalty units.
(2)  While knowing that another person is a former key official, a person who is a licensee, or a close associate of a licensee, must not:
(a)  employ the former key official in any capacity, or
(b)  have, directly or indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, the former key official.
Maximum penalty: 50 penalty units.
(3)  An exemption from the application of this section in relation to a former key official (other than a person who is a former Director-General of the Department of Gaming and Racing, is a former Director, or is a former Commissioner of Police) in a particular case or class of cases may be granted:
(a)  by the Director-General of the Department of Gaming and Racing, unless the former key official was a member of the Police Service, or
(b)  by the Commissioner of Police, if the former key official was a member of the Police Service.
(4)  The Director-General of the Department of Gaming and Racing, and the Commissioner of Police are each to keep at his or her office a register of exemptions granted by him or her under this section. The register is to contain details of each such exemption and is to be open for inspection by any person free of charge during ordinary business hours.
(5)  In this section:
former key official means a person who was a key official at any time during the previous 3 years, but is no longer a key official.
(6)  If a reference (“the original reference”) in this Act to a position, officer or Department is replaced with, or required to be read or construed as, a reference (“the replacement reference”) to another position, officer or Department, the replacement reference is for the purposes of the operation of this section to be read as including the original reference.
s 105B: Ins 1993 No 28, Sch 2 (2). Am 1995 No 34, Sch 1 [14] [15].
Part 7 Inspectors
106–108   (Repealed)
ss 106–108: Rep 1990 No 28, Sch 2 (11).
109   Special inspectors
(1)  The Minister may appoint an officer or temporary employee of the Public Service as a special inspector for the purposes of this Act.
(2)  The Director is taken to have been appointed as a special inspector.
(3)  The Minister is to cause each special inspector to be issued with a means of identification that is approved by the Minister and includes the following information:
(a)  that it is issued under this Act by the Minister administering this Act,
(b)  the name of the special inspector,
(c)  that the special inspector is authorised to exercise the powers conferred on a special inspector by the Liquor Act 1982.
(4)  A special inspector is not authorised to exercise the functions of a special inspector in relation to a licensee without production of his or her means of identification for inspection:
(a)  by the licensee, or
(b)  in the absence of the licensee, by the person believed by the inspector to be the most senior person on duty in the premises entered,
unless to do so would defeat the purpose for which the functions are to be exercised.
s 109: Am 1985 No 77, Sch 4 (18); 1993 No 28, Sch 3 (23); 1994 No 49, Sch 1 (22).
110   Powers of entry, inspection and seizure
(1)  If the Commissioner of Police believes on reasonable grounds:
(a)  that unlawful or disorderly conduct is taking place on licensed premises, or
(b)  that a breach of this Act has been, or is being, committed on licensed premises,
the Commissioner may, at any time of the day or night, enter the licensed premises with or without another member of the police force.
(1A)  If a special inspector believes on reasonable grounds that a breach of this Act has been, or is being, committed on licensed premises, the special inspector may, at any time of the day or night, enter the licensed premises with or without a police officer.
(2)  In exercising the power conferred by subsection (1), the Commissioner of Police may, with or without assistance, break into the premises if entry is refused or unreasonably delayed (whether or not by the absence of a person able to permit entry to the premises).
(3)  A member of the police force or a special inspector may, at any reasonable time, enter and examine any part of licensed premises and may:
(a)  take an account of all liquor on the premises, or
(b)  make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been, or are being, complied with, or
(c)  having required the licensee (or any other person having them in his or her custody) to produce any registers, books, records or documents relating to the business carried on with the authority of the licence, make copies of, or take extracts from, entries in the registers, books, records or other documents, or
(d)  examine any device in the nature of an approved amusement device and take readings from the device.
(3A)  In the exercise of a power conferred under this section, the Commissioner of Police, a police officer or a special inspector may:
(a)  if the Commissioner, police officer or special inspector considers it necessary to do so for the purposes of obtaining evidence of the commission of an offence, seize any registers, books, records or other documents relating to the business conducted on the licensed premises, and
(b)  require any person to answer any question relating to any such registers, books, records or other documents or any other relevant matter.
(4)  In the application of this section to a caterer’s licence, a reference to licensed premises does not include private domestic premises.
(5)  The licensee or person in charge of licensed premises shall not refuse or fail to admit to the licensed premises a person requiring entrance under subsection (1), (1A) or (3) or obstruct or delay the person in the exercise of his or her powers.
Maximum penalty: 50 penalty units.
(6)  Where, for the purpose of obtaining access from a public place to premises within a university to which an on-licence relates it is necessary to enter land, or a building or part of a building, that is within the university but does not form part of the licensed premises, a person authorised by this section to enter the licensed premises may, to obtain access to the licensed premises in order to enter them pursuant to this section or to obtain access from those premises to a public place, enter that land, building or part of a building.
(7)  In the case of an on-licence relating to a restaurant with sanitary facilities located in immediate proximity to the restaurant, the part of any premises that comprises those facilities and any part of premises necessary for access to those facilities is to be treated as part of the licensed premises for the purposes of this section.
s 110: Am 1985 No 77, Sch 4 (19); 1989 No 130, Sch 1; 1990 No 28, Sch 2 (12); 1993 No 28, Sch 3 (24); 1994 No 42, Sch 1 (16) (39); 1994 No 49, Sch 1 (23); 1996 No 42, Sch 1 [71]–[73].
110A   Dealing with seized documents
(1)  If the Commissioner of Police, a police officer or a special inspector seizes any document under section 110 on licensed premises, the Commissioner, police officer or inspector must issue the person apparently in charge of the premises with a written receipt for the document.
(2)  The Commissioner of Police, police officer or special inspector may retain any document seized under section 110 until the completion of any proceedings (including proceedings on appeal) in which it may be evidence.
(3)  A document may only be retained under subsection (2) if the person from whom the document was seized is provided, within a reasonable time after the seizure, with a copy of the document certified by the Commissioner of Police, police officer or special inspector as a true copy.
(4)  The copy is, as evidence, of equal validity to the document of which it is certified to be a copy.
s 110A: Ins 1987 No 176, Sch 2 (10). Am 1990 No 28, Sch 2 (13). Rep 1993 No 28, Sch 1 (2). Ins 1996 No 42, Sch 1 [74].
110B   (Repealed)
s 110B: Ins 1987 No 176, Sch 2 (10). Am 1990 No 28, Sch 2 (3). Rep 1993 No 28, Sch 1 (2).
111   Obstruction
A person who hinders or obstructs a special inspector, member of the police force or any other person in the exercise by the inspector, member or other person of a function conferred on the inspector, member or other person by or under this Act is guilty of an offence and liable, where no other penalty or punishment is provided therefor, to a penalty not exceeding 50 penalty units.
s 111: Am 1990 No 28, Sch 2 (14); 1993 No 28, Sch 3 (25).
Part 7A Minors
pt 7A, hdg: Ins 1990 No 114, Sch 3 (3) (a).
Division 1 Functions for minors on licensed premises
pt 7A, div 1: Ins 1996 No 43, Sch 1 [5].
111A   Functions for minors on licensed premises
(1)  The court may grant an authority (a minors functions authority) to the holder of a hotelier’s licence or a nightclub licence to permit persons who are under the age of 18 years to attend a function or functions in a specified part of the licensed premises.
(2)  A minors functions authority is to designate function areas (that is, each part of the licensed premises on which the functions concerned are permitted to be held) and access areas (that is, each part of the licensed premises through or by means of which minors attending those functions are to be permitted to obtain entry to or to depart from a function area).
(3)  A licensee is guilty of an offence if any conditions of a minors functions authority held by the licensee are contravened.
Maximum penalty: 20 penalty units.
(4)  Nothing in this section requires a minors functions authority to be obtained in relation to a use of licensed premises that does not contravene another provision of this Act.
(5)  A minors functions authority does not authorise the holding of a function in contravention of a requirement made by or under any other Act.
(6)  In this section, the meaning of function includes, but is not limited to, the meaning of function given in section 4 (1).
s 111A: Ins 1996 No 43, Sch 1 [5]. Am 1999 No 27, Sch 1 [16].
111B   Procedure for grant of minors functions authority
(1)  The holder of a hotelier’s licence or a nightclub licence may apply to the court for a minors functions authority.
(2)  An application is made by delivering it to the registrar. Notice of the application is to be given by the registrar to the Commissioner of Police and the application is not to be dealt with until that notice has been given.
(3)  The application is to be dealt with as follows:
(a)  the jurisdiction of the court to grant the application may be exercised by the Principal Registrar if there is no objection to its grant,
(b)  the application may be granted for a fixed period or for an indefinite period,
(c)  the grant of the application is to be notified to the member of the Police Service who is prescribed by the regulations as the appropriate member of the Police Service for the purposes of this section.
(4)  The fee prescribed by the regulations is payable for the issue of a minors functions authority on or before 15 January in each calendar year following the calendar year of its issue while the authority is in force. The authority is cancelled if the fee is not paid within 2 months after the last day for payment.
s 111B: Ins 1996 No 43, Sch 1 [5]. Am 1999 No 27, Sch 1 [17]; 1999 No 31, Sch 2.21 [6].
111C   Conditions of minors functions authority
(1)  When granting a minors functions authority, the court must impose conditions on the authority relating to the following:
(a)  the required level of adult supervision of minors using a part of licensed premises in accordance with the authority,
(b)  the steps that the licensee must take to ensure that minors attending or departing from a function held under the authority do not disturb the quiet and good order of the neighbourhood in which the licensed premises are situated,
(c)  the steps that the licensee must take to enable the safe conduct of minors in the vicinity of the licensed premises when they are attending or departing from a function held under the authority.
(2)  In addition to any conditions required to be imposed on a minors functions authority under subsection (1), a minors functions authority is subject to the following conditions:
(a)  a condition that no approved amusement device is to be located in any function area or access area specified in a minors functions authority held by the licensee while a function is being held under the authority,
(b)  a condition that liquor must not be sold, supplied, disposed of or consumed in any function area or access area specified in a minors functions authority held by the licensee while a function is being held under the authority,
(c)  a condition that no tobacco vending machine is to be located in any function area or access area specified in a minors functions authority while a function is being held under the authority,
(d)  any conditions prescribed by the regulations for the purposes of this section,
(e)  any other conditions, not inconsistent with a condition in paragraphs (a)–(d), that the court thinks appropriate to impose when granting the authority (including conditions that limit the number of functions that may be held under the authority during any particular period).
(2A)  In addition to conditions imposed by or under subsections (1) and (2), a minors functions authority in force in relation to the licensed premises of a nightclub is subject to the following conditions:
(a)  no liquor is to be sold or supplied on the premises while any function is being held pursuant to the authority,
(b)  a period of one hour (or such longer period as the court may approve) must elapse, following the conclusion of any such function, before the sale or supply of liquor on the premises is resumed.
(3)  The court may revoke or vary a condition of a minors functions authority imposed by it:
(a)  at any time on the application of the holder of the authority, the Director, the Commissioner of Police or a person authorised by the local council within the boundaries of which the licensed premises are situated, or
(b)  of its own motion or on the hearing of any matter relating to the authority.
s 111C: Ins 1996 No 43, Sch 1 [5]. Am 1999 No 27, Sch 1 [18].
111D   Complaints relating to minors functions authority
(1)  A complaint may be made against a licensee by the Commissioner of Police, the Director or a person authorised by the local council within the boundaries of which the licensed premises are situated, on any one or more of the following grounds:
(a)  the quiet and good order of the neighbourhood in which the licensed premises are situated will be unduly disturbed if a minors functions authority held by the licensee continues in force,
(b)  the licensee has been convicted of an offence under section 111A,
(c)  any condition of a minors functions authority held by the licensee has been contravened, whether or not the licensee has been convicted of an offence in respect of that contravention.
(2)  A licensing magistrate or the Principal Registrar may on a complaint made under this section issue a summons calling on a licensee to show cause why the minors functions authority held by the licensee should not be cancelled.
(3)  The court constituted as provided by section 9 (1) (a) or (b) is to hear and determine the matter of the complaint and may do any one or more of the following:
(a)  cancel the minors functions authority,
(b)  suspend the minors functions authority,
(c)  order the licensee to pay a penalty not exceeding 50 penalty units within such time as may be specified in the order,
(d)  subject the minors functions authority to a specified condition,
(e)  dismiss the complaint.
(4)  The court is not to hear and determine the matter earlier than 10 days after the summons issued on the complaint is served on the licensee.
(5)    (Repealed)
(6)  A licensee may surrender the minors functions authority held by the licensee by giving notice of surrender to the Board.
(7)  So long as any amount ordered to be paid by a licensee under this section remains unpaid after the time ordered for payment, the minors functions authority held by the licensee is suspended.
s 111D: Ins 1996 No 43, Sch 1 [5]. Am 1996 No 42, Sch 1 [75].
111E   Fees for certain applications
An application under this Division delivered to the registrar must not be granted unless it is accompanied by the appropriate prescribed fee, if any.
s 111E: Ins 1996 No 43, Sch 1 [5].
112   Authority for use of part of premises by minor in company of responsible adult
(1)  The Board may, on the application of the licensee or the Commissioner of Police, and subject to any conditions that the Board imposes, authorise the use by a minor in the company of a responsible adult of a part of the premises to which a hotelier’s licence relates.
(2)    (Repealed)
(3)  A minors functions authority and an authorisation under subsection (1) may be granted in respect of the same part of premises.
(4)  If a minors functions authority is operating to permit the use by a minor of a part of premises, any authorisation under subsection (1) has no operation to the extent that it applies to that part of the premises.
(5)  The Board may, on the application of the licensee or the Director or the Commissioner of Police:
(a)  revoke or vary an authorisation under subsection (1), or
(b)  impose any condition, or any further condition, to which such an authorisation is to be subject, or
(c)  revoke or vary any condition imposed under subsection (1) or paragraph (b).
(6)  An authorisation under subsection (1) is in force only while all conditions to which it is subject are being complied with.
(7)    (Repealed)
s 112: Am 1990 No 28, Sch 2 (15). Subst 1990 No 114, Sch 3 (4). Am 1996 No 43, Sch 1 [6]–[8]; 1999 No 27, Sch 1 [19].
Division 2 Offences relating to minors
pt 7A, div 2, hdg: Ins 1996 No 43, Sch 1 [9].
113   Minor using false evidence of age
A minor who uses any evidence purporting to be evidence of his or her age in order to obtain entry to, remain in, or obtain liquor from, licensed premises, is guilty of an offence if the evidence is false in a material particular in relation to the minor.
Maximum penalty: 10 penalty units.
s 113: Subst 1990 No 114, Sch 3 (5).
114   Sale or supply of liquor to a minor
(1)  A person shall not, in any place whether or not licensed premises, sell or supply liquor to a person under the age of 18 years.
Maximum penalty: 50 penalty units or, if circumstances of aggravation exist in relation to the offence, 100 penalty units or 12 months imprisonment (or both).
(2)    (Repealed)
(3)  A licensee shall not, on the licensed premises, allow liquor to be sold or supplied to a person under the age of 18 years.
Maximum penalty: 50 penalty units or, if circumstances of aggravation exist in relation to the offence, 100 penalty units or 12 months imprisonment (or both).
(4)  A person shall not obtain liquor from licensed premises on behalf of a person under the age of 18 years.
Maximum penalty: 50 penalty units or, if circumstances of aggravation exist in relation to the offence, 100 penalty units or 12 months imprisonment (or both).
(4A)  For the purposes of this section, circumstances of aggravation exist in relation to an offence under this section if (and only if) both of the following apply:
(a)  the information by which the proceedings for the offence are instituted alleges that the offence is (for the reasons specified in the information) so serious as to warrant the imposition of a penalty in excess of 50 penalty units,
(b)  the court that convicts the person for the offence is of the opinion (having regard to the quantity or nature of the liquor involved or the young age of the person involved, or other relevant considerations) that the offence is so serious as to warrant the imposition of a penalty in excess of 50 penalty units.
(5)  It is a defence to a prosecution for an offence under subsection (1) or (4) if it is proved that the person to whom the liquor was sold or supplied, or on whose behalf it was obtained, was of or above the age of 14 years and that, before the liquor was sold, supplied or obtained, there was produced to the defendant documentary evidence that might reasonably be accepted as applying to the person and as proving that the person was of or above the age of 18 years.
(6)  It is a defence to a prosecution for an offence under subsection (1) (except in the case of a sale or supply which took place on licensed premises) if it is proved that the defendant was a parent or guardian of the person to whom the liquor was sold or supplied or was authorised to sell or supply liquor to the person by the parent or guardian.
(7)  It is a defence to a prosecution for an offence under subsection (4) if it is proved that the defendant was a parent or guardian of the person on whose behalf the liquor was obtained or was authorised to obtain liquor on behalf of the person by the parent or guardian.
(8)  In the application of this section to a caterer’s licence, a reference to licensed premises does not include private domestic premises.
(9)  It is a defence to a prosecution for an offence under subsection (3) if it is proved that the liquor was supplied to the person by that person’s parent or guardian.
(10)  A reference in this section to the supply of liquor to a person includes a reference to the serving of liquor to a person.
s 114: Subst 1987 No 3, Sch 1 (14). Am 1989 No 91, Schs 3 (1), 4 (2); 1993 No 28, Sch 3 (26); 1994 No 42, Sch 1 (17) (53); 1996 No 41, Sch 1 [32] [33]; 1996 No 43, Sch 1 [10].
115   Consumption etc of liquor by minor
(1)  A person under the age of 18 years shall not:
(a)  consume liquor on licensed premises or on the premises of an unlicensed restaurant,
(b)  obtain, or attempt to obtain, liquor for consumption on licensed premises, or
(c)  carry liquor away, or attempt to carry liquor away, from licensed premises.
Maximum penalty: 10 penalty units.
(1A)  It is a defence to a prosecution for an offence under subsection (1) of consuming liquor on the premises of an unlicensed restaurant if it is proved that the defendant consumed the liquor in the company of and with the authority of his or her parent or guardian.
(2)  It is a defence to a prosecution for an offence under subsection (1) (c) if it is proved that the defendant was ordered or requested to carry the liquor away from the licensed premises.
(3)  A person shall not:
(a)  send a person under the age of 18 years to licensed premises, or
(b)  order or request a person under the age of 18 years to go to licensed premises,
for the purpose of obtaining liquor.
Maximum penalty (subsection (3)): 20 penalty units.
(4)  In the application of this section to a caterer’s licence, a reference to licensed premises does not include private domestic premises.
s 115: Am 1988 No 94, Sch 1 (7); 1989 No 91, Sch 4 (3); 1993 No 28, Sch 6 (3); 1994 No 42, Sch 1 (18) (54); 1996 No 41, Sch 1 [34]; 2000 No 62, Sch 1 [31].
116   Sale or supply of liquor by a minor
Except where the Board has given its consent (proof whereof lies on the defendant) a licensee shall not allow a person under the age of 18 years to sell, supply or serve liquor on his or her licensed premises.
Maximum penalty: 50 penalty units.
s 116: Am 1989 No 91, Sch 4 (4); 1996 No 41, Sch 1 [35].
116A   Offences by minors in hotels, nightclubs and restaurants
(1)  A minor who enters or remains in a restricted area in a hotel is guilty of an offence against this Act.
Maximum penalty: 10 penalty units.
(1A)  It is a defence to a prosecution for an offence arising under subsection (1) if it is proved that the minor concerned was, at the material time, an apprentice or trainee (within the meaning of the Industrial and Commercial Training Act 1989) and that the minor entered or remained in the restricted area for the purpose only of receiving trade training (not being training in the sale, supply or service of liquor) as such an apprentice or trainee.
(2)  A minor who for any purpose enters or remains in a part of a hotel authorised under section 112 for use by a minor in the company of an adult is guilty of an offence against this Act unless the minor does so in the company and immediate presence of a responsible adult.
Maximum penalty: 10 penalty units.
(3)  It is a defence to a prosecution of a minor for an offence under this section if it is proved that the defendant believed on reasonable grounds that a minors functions authority under section 111A operated to authorise the use of that part at the relevant time by minors under adult supervision.
(4)  A minor who for any purpose enters or remains on premises to which a nightclub licence relates during a nightclub trading period is guilty of an offence against this Act unless the minor does so in the company and immediate presence of a responsible adult.
Maximum penalty: 10 penalty units.
(5)  A minor who for any purpose enters or remains on the premises of a licensed restaurant to which a dine-or-drink authority relates during a restaurant restricted period is guilty of an offence against this Act unless the minor does so in the company and immediate presence of a responsible adult.
Maximum penalty: 10 penalty units.
(6)  A minor who for any purpose enters or remains on premises to which a community liquor licence relates while the premises are open for the sale or supply of liquor is guilty of an offence against this Act unless the minor does so in the company and immediate presence of a responsible adult.
Maximum penalty: 10 penalty units.
s 116A: Ins 1993 No 28, Sch 3 (27). Am 1996 No 43, Sch 1 [11] [12]; 1996 No 84, Sch 1 [24]; 1997 No 155, Sch 3 [12]; 1998 No 91, Sch 1 [14]; 1999 No 27, Sch 1 [20]; 1999 No 63, Sch 1 [46] [47].
116B   Offences by licensees in relation to minors
(1)  If a minor:
(a)  enters a restricted area in a hotel, or
(b)  enters a part of a hotel authorised under section 112 for use by a minor in the company of an adult but is not in the company and immediate presence of a responsible adult, or
(c)  enters premises to which a nightclub licence relates during a nightclub trading period but is not in the company and immediate presence of a responsible adult, or
(d)  enters premises of a licensed restaurant to which a dine-or-drink authority relates during a restaurant restricted period but is not in the company and immediate presence of a responsible adult, or
(e)  enters premises to which a community liquor licence relates while the premises are open for the sale or supply of liquor but is not in the company and immediate presence of a responsible adult,
the licensee is guilty of an offence against this Act.
Maximum penalty: 50 penalty units.
(2)  If a minor:
(a)  is in a restricted area in a hotel, or
(b)  is in a part of a hotel authorised for use by a minor in the company of an adult but is not in the company and immediate presence of a responsible adult, or
(c)  is on premises to which a nightclub licence relates during a nightclub trading period but is not in the company and immediate presence of a responsible adult, or
(d)  is on premises of a licensed restaurant to which a dine-or-drink authority relates during a restaurant restricted period but is not in the company and immediate presence of a responsible adult, or
(e)  is on premises to which a community liquor licence relates while the premises are open for the sale or supply of liquor but is not in the company and immediate presence of a responsible adult,
the licensee is guilty of an offence against this Act unless the minor is at once removed from the licensed premises.
Maximum penalty: 50 penalty units.
(3)  It is a defence to a prosecution for an offence under subsection (1) or (2) if it is proved that the minor was above the age of 14 years and that:
(a)  before the minor entered the restricted area or authorised part of the hotel, entered the premises to which the community liquor licence relates, or entered the premises to which the nightclub licence or dine-or-drink authority relates, or
(b)  while the minor was in the restricted area or authorised part of the hotel, on the premises to which the community liquor licence relates, or on the premises to which the nightclub licence or dine-or-drink authority relates,
there was produced to the licensee, or an employee or agent of the licensee, documentary evidence that might reasonably be accepted as applying to the minor and as evidence that the minor was of or above the age of 18 years.
(4)  It is a defence to a prosecution for an offence arising under subsection (1) (a) or (2) (a) if it is proved that the minor concerned was, at the material time, an apprentice or trainee (within the meaning of the Industrial and Commercial Training Act 1989) and that the minor entered or was in the restricted area for the purpose only of receiving trade training (not being training in the sale, supply or service of liquor) as such an apprentice or trainee.
(5)  Subsections (1) (c) and (2) (c) do not apply to that part of any licensed premises to which a minors functions authority under section 111A applies and in which, at the material time, a function is being held in pursuance of the authority.
s 116B: Ins 1993 No 28, Sch 3 (27). Am 1996 No 41, Sch 1 [36]; 1996 No 43, Sch 1 [13] [14]; 1996 No 84, Sch 1 [25]–[28]; 1997 No 155, Sch 3 [13]; 1998 No 91, Sch 1 [15]–[17]; 1999 No 27, Sch 1 [21]; 1999 No 63, Sch 1 [48]–[52].
116C   Notices to be displayed
(1)  A hotelier is guilty of an offence against this Act unless there is continuously displayed:
(a)  in each restricted area in the hotel a notice in the prescribed form that relates to the exclusion of minors from the restricted area, and
(b)  in each part of the hotel in which a minor is permitted to remain only in the company and immediate presence of a responsible adult a notice in the prescribed form that relates to the presence of minors in that part of the hotel.
Maximum penalty: 20 penalty units.
(2)  A separate offence is committed in respect of each restricted area or other part of a hotel for which there is a failure to display in the restricted area or other part the notice required by this section.
(3)  A holder of a nightclub licence for premises trading during a nightclub trading period is guilty of an offence against this Act unless there is continuously displayed during the nightclub trading period a notice in the prescribed form that relates to the presence of minors on the premises during the nightclub trading period.
Maximum penalty: 20 penalty units.
(3A)  A holder of an on-licence endorsed with a dine-or-drink authority for premises trading during a restaurant restricted period is guilty of an offence against this Act unless there is continuously displayed during the restaurant restricted period a notice in the prescribed form that relates to the presence of minors on the premises during the restaurant restricted period.
Maximum penalty: 20 penalty units.
(3B)  A holder of a community liquor licence is guilty of an offence against this Act unless there is continuously displayed a notice in the prescribed form that relates to the presence of minors on the premises.
Maximum penalty: 20 penalty units.
(3C)  A licensee who offers liquor for sale through an internet site is guilty of an offence against this Act unless there is displayed on the site at all times while it is accessible notices in the prescribed form relating to sales of liquor to minors, harm minimisation or any other matter prescribed by the regulations for the purposes of this subsection.
Maximum penalty: 20 penalty units.
(4)  It is a defence to a prosecution for an offence under this section if it is proved that the licensee:
(a)  had taken all reasonable precautions to avoid commission of the alleged offence, and
(b)  at the time of the alleged offence did not know, and could not reasonably be expected to have known, that the alleged offence had been committed.
s 116C: Ins 1993 No 28, Sch 3 (27). Am 1996 No 84, Sch 1 [29]; 1998 No 91, Sch 1 [18] [19]; 1999 No 63, Sch 1 [53] [54]; 2000 No 62, Sch 1 [32].
116D   Offence by adult accompanying minor
If an adult in whose company a minor is lawfully in a hotel or on premises to which a nightclub licence or dine-or-drink authority relates or on premises to which a community liquor licence relates while the premises are open for the sale or supply of liquor, in accordance with section 116B:
(a)  permits the minor to consume liquor on the licensed premises, or
(b)  leaves the minor on the licensed premises deprived of the company and immediate presence of the adult without first informing the licensee or an employee of the licensee,
the adult is guilty of an offence against this Act.
Maximum penalty: 20 penalty units.
s 116D: Ins 1993 No 28, Sch 3 (27). Am 1995 No 99, Sch 2; 1996 No 41, Sch 1 [37]; 1996 No 84, Sch 1 [30]; 1998 No 91, Sch 1 [20]; 1999 No 63, Sch 1 [55].
117   (Repealed)
s 117: Am 1988 No 94, Sch 1 (8); 1989 No 91, Schs 3 (2), 4 (5); 1990 No 61, Sch 1 (3); 1990 No 114, Sch 3 (6). Rep 1993 No 28, Sch 3 (28).
117A   Minor required to provide information
(1)  An authorised person may require a person who is reasonably suspected of being a minor and who, if a minor, would be committing an offence against this Act:
(a)  to state his or her full name and residential address, and
(b)  to produce then, or at a police station within a reasonable time, documentary evidence that might reasonably be accepted as applying to the person and as proof of his or her age.
(2)  A person the subject of a requirement under subsection (1) shall not:
(a)  refuse or fail to state his or her full name and residential address, or
(b)  without reasonable cause, refuse or fail to produce evidence of age as referred to in subsection (1) (b).
Maximum penalty: 10 penalty units.
(3)  In this section:
authorised person means a licensee, an employee or agent of a licensee, or a member of the police force.
s 117A: Ins 1989 No 91, Sch 3 (3). Am 1993 No 28, Sch 3 (29).
117B   Entry on licensed premises by minor
If:
(a)  a holder of a hotelier’s licence, or an employee of the licensee, is aware that a person who may reasonably be suspected of being under the age of 18 years is attempting to enter the premises to which the licence relates, or a part of the premises, and
(b)  the presence of the person on the premises or part of the premises would, if the person were under the age of 18 years, be an offence against this Act,
the licensee or employee shall refuse the person entry to the premises or part unless there is produced to the licensee or employee documentary evidence that may reasonably be accepted as applying to the person and as proving that the person is of or above the age of 18 years.
Maximum penalty: 20 penalty units.
s 117B: Ins 1989 No 91, Sch 3 (3). Am 1996 No 41, Sch 1 [38].
117C   Licensees liable for use of approved amusement device by minor
(1)  If a person under the age of 18 years uses or operates an approved amusement device on premises to which a hotelier’s licence relates, the holder of the hotelier’s licence is guilty of an offence.
Maximum penalty: 50 penalty units.
(2)  It is a defence to a prosecution for an offence under this section if it is proved that the person under the age of 18 years was over the age of 14 years and that:
(a)  before the commission of the offence, or
(b)  while the offence was being committed,
there was produced to the licensee, or to an employee or agent of the licensee, documentary evidence that might reasonably be accepted as applying to the person and as proving that the person was at least 18 years of age.
(3)  It is a defence to a prosecution for an offence arising under this section if it is proved that the person who used or operated the approved amusement device did so under the supervision of the holder of an amusement device technician’s licence for the purpose only of receiving training and instruction in respect of the servicing, repair or maintenance of approved amusement devices.
s 117C: Ins 1990 No 114, Sch 3 (7). Am 1996 No 41, Sch 1 [39]; 1997 No 155, Sch 3 [14].
117D   Use of approved amusement device by minor prohibited
(1)  A person who, while under the age of 18 years, uses or operates an approved amusement device kept on licensed premises is guilty of an offence.
Maximum penalty: 10 penalty units.
(2)  It is a defence to a prosecution for an offence under this section if it is proved that the person who used or operated the approved amusement device did so under the supervision of the holder of an amusement device technician’s licence for the purpose only of receiving training and instruction in respect of the servicing, repair or maintenance of approved amusement devices.
s 117D: Ins 1990 No 114, Sch 3 (7). Am 1997 No 73, Sch 3 [3]; 2000 No 62, Sch 1 [31].
117E   Reasonable evidence of age
(1)  Without precluding any other evidence that might reasonably be accepted as evidence that a person is at least 18 years of age, the regulations may make provision for the kind of evidence that, for the purposes of this Act, would be evidence to that effect.
(2)  A minor who:
(a)  provides information in order to obtain evidence of a kind prescribed by the regulations for the purposes of this section, and
(b)  knows that the information is false or misleading in a material particular,
is guilty of an offence against this Act.
Maximum penalty: 10 penalty units.
(3)  A person who:
(a)  provides or certifies information of a kind required to enable that or any other person to obtain evidence of a kind prescribed by the regulations for the purposes of this section, and
(b)  knows that the information is to be used in order to obtain evidence, or that it is required in order to obtain evidence, prescribed for those purposes, and
(c)  knows that the information is intended to be used to obtain evidence that will be false or misleading in a material particular,
is guilty of an offence against this Act.
Maximum penalty: 20 penalty units.
s 117E: Ins 1990 No 114, Sch 3 (7). Am 1993 No 28, Sch 3 (30).
117EA   Proof of age cards
(1)  On application made by a person, the Roads and Traffic Authority may issue the person with a document attesting to the person’s identity and age.
(2)  The regulations may prescribe:
(a)  the manner and form in which the application is to be made,
(b)  the fee that is to accompany the application, and
(c)  the information to be furnished in support of the application.
(3)  If the regulations so provide, information furnished in support of the application must be verified by statutory declaration of the applicant.
s 117EA: Ins 1999 No 63, Sch 1 [56]. Subst 2000 No 62, Sch 1 [33].
117EB   Manufacturing false proof of age cards
(1)  A person must not make a false document that could reasonably be taken to be a proof of age card with the intent that the document be used by any person as a proof of age card for the purposes of this Act or the Registered Clubs Act 1976.
Maximum penalty: 20 penalty units.
(2)  A person (the offender) must not give to another person a false document that could reasonably be taken to be a proof of age card with the intent that the document be used by any person as a proof of age card for the purposes of this Act or the Registered Clubs Act 1976, if the offender knows or could reasonably be expected to know that the document is false.
Maximum penalty: 20 penalty units.
(3)  A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) or (2) in circumstances of aggravation.
Maximum penalty: 50 penalty units.
(4)  For the purposes of this section, a person commits an offence in circumstances of aggravation if:
(a)  the offence involved a high degree of planning, or
(b)  the offence involved the use of other people acting at the direction of the person convicted of the offence in the commission of the offence, or
(c)  the person committed the offence solely or principally for financial reward, or
(d)  the offender has a previous conviction for an offence under this section.
ss 117EB–117ED: Ins 1999 No 63, Sch 1 [56].
117EC   Giving or lending proof of age cards
A person must not give or lend the person’s proof of age card to another person, if the person giving or lending the card knows or could reasonably be expected to know that the card may be used:
(a)  as a proof of age card for the purposes of this Act, or the Registered Clubs Act 1976, by the person to whom the card was given or lent, or by any other person, or
(b)  to obtain a proof of age card for the person to whom the card was given or lent, or any other person, for the purposes of this Act or the Registered Clubs Act 1976.
Maximum penalty: 20 penalty units.
ss 117EB–117ED: Ins 1999 No 63, Sch 1 [56].
117ED   Tampering with proof of age cards
A person must not for an improper purpose wilfully or negligently alter, deface, or otherwise interfere with a proof of age card or with any of the material particulars contained on the card.
Maximum penalty: 20 penalty units.
ss 117EB–117ED: Ins 1999 No 63, Sch 1 [56].
117F   (Repealed)
s 117F: Ins 1990 No 114, Sch 3 (7). Rep 1994 No 42, Sch 1 (59).
117G   Minors not to be detained
A minor may not be imprisoned, or detained in a detention centre, as a consequence of a failure to pay a penalty under this Act or an amount ordered to be paid under Division 4 of Part 3 of the Fines Act 1996 in respect of a penalty notice issued under this Act.
s 117G: Ins 1990 No 114, Sch 3 (7). Am 1994 No 42, Sch 1 (60); 1998 No 120, Sch 2.20.
117H   Minors passing through restricted area of hotel
(1)  It is a sufficient defence to a prosecution for an offence arising under section 116A, 116B or 117B in relation to a minor entering or being or remaining in a restricted area in a hotel if it is established that the minor:
(a)  was present in the restricted area only for so long as was reasonably necessary to pass through it in order conveniently to gain access to another area of the hotel that the minor may enter without contravening this Act, and
(b)  was at all times while in the restricted area in the company and immediate presence of a responsible adult.
(2)  The defence provided by this section is in addition to any other available defence.
s 117H: Ins 1999 No 63, Sch 1 [57].
117I   Sale of undesirable liquor products
(1)  The regulations may declare a specified liquor product or class of liquor products to be an undesirable liquor product.
(2)  The licensee is guilty of an offence if any such product is sold or supplied on licensed premises to any person.
Maximum penalty: 50 penalty units.
(3)  The Minister may recommend the making of a regulation under this section only if, in the opinion of the Minister:
(a)  designs, motifs or characters on the packaging of the liquor products concerned are of such a kind that the products are, or are likely to be, attractive to minors, or
(b)  the products are likely, for any reason, to be confused with soft drinks or confectionery, or
(c)  the products, for any other reason, have or are likely to have a special appeal to minors.
(4)  The Minister must, before recommending the making of a regulation under this section, consult with relevant liquor industry representatives and the manufacturer of any liquor product proposed to be prescribed (where the manufacturer is known to the Minister).
(5)  The validity of a regulation under this section is not affected by any want of compliance with subsection (3) or (4).
s 117I: Ins 2000 No 62, Sch 1 [34].
Part 8 Offences etc
pt 8, hdg: Rep 1990 No 114, Sch 3 (3) (a). Ins 1990 No 114, Sch 3 (8).
Division 1 Offences
pt 8, div 1, hdg: Rep 1990 No 114, Sch 3 (3) (b). Ins 1990 No 114, Sch 3 (8).
118   Closing of restricted areas and certain other areas
(1)  The holder of a hotelier’s licence shall:
(a)  at any time when his or her licensed premises should not be open for the sale or supply of liquor, and
(b)  at any time when the sale or supply of liquor is permitted only for consumption on a specified part of the licensed premises,
close and keep closed to the public every restricted area on his or her licensed premises, and every other part of his or her licensed premises in which liquor is ordinarily sold or supplied to the public, except a restricted area or other part open in accordance with the conditions of the licence in a part of the premises referred to in paragraph (b).
(2)  The holder of an off-licence to sell liquor by retail shall, at any time when his or her licensed premises should not be open for the sale of liquor pursuant to the licence, close and keep closed to the public that part of any counter or place at or in which liquor is usually sold or supplied pursuant to the licence.
Maximum penalty: 20 penalty units.
s 118: Am 1989 No 91, Schs 1 (8), 4 (6).
119   Sale etc of liquor outside trading hours
(1)  A licensee shall not:
(a)  keep his or her licensed premises open for the sale or supply of liquor, or
(b)  sell or supply liquor,
at a time at which the licensee is not, by this Act or under the conditions of his or her licence, permitted to effect the sale or supply.
Maximum penalty: 20 penalty units.
(2)    (Repealed)
(3)  Except as provided by subsection (4), a person shall not:
(a)  carry liquor away from premises the subject of a hotelier’s licence or an off-licence to sell liquor by retail at a time when the premises should not be open for the sale or supply of liquor, or
(b)  carry liquor away from premises to which a hotelier’s licence relates during trading hours for the premises that are earlier than 5 am.
Maximum penalty: 5 penalty units.
(4)  Notwithstanding subsection (3), the holder of a hotelier’s licence, his or her employee or a lodger in premises the subject of a hotelier’s licence, may at any time carry away from the licensed premises liquor that is reasonably required for consumption by the licensee or lodger on the day on which the liquor is carried away.
s 119: Am 1984 No 57, Sch 4 (5); 1989 No 91, Schs 1 (9), 4 (7).
120   Person on licensed premises outside trading hours
(1)  A person shall not on any day be found in a restricted area on premises to which a hotelier’s licence relates at a time that is:
(a)  later than 15 minutes after the commencement of any period on that day when the restricted area should not be open for the sale of liquor, and
(b)  earlier than the end of that period.
Maximum penalty: 5 penalty units.
(2)  It is a defence to a prosecution for a contravention of subsection (1) if it is proved that, at the time at which the offence is alleged to have been committed, the person charged:
(a)  was a lodger or inmate, or an employee of the licensee, or
(b)  was present in the part of the premises to which the charge relates for a lawful purpose.
(3)  A member of the police force authorised by section 110 to enter licensed premises:
(a)  may require a person found on licensed premises in contravention of subsection (1) to state his or her correct name and address, and
(b)  if he or she has reasonable cause to suspect that the name or address given is false—he or she may require that person to produce evidence of its correctness.
(4)  Where a person the subject of:
(a)  a requirement of a member of the police force under subsection (3) (a)—refuses or fails to comply with the requirement, or
(b)  a requirement of a member of the police force under subsection (3) (b)—without reasonable cause (proof whereof lies on the defendant) refuses or fails to comply with the requirement,
the member of the police force may apprehend the person and, as soon as practicable, bring the person before a justice to be dealt with according to law.
(5)  Where a person is found on licensed premises in contravention of subsection (1), the licensee is guilty of an offence and liable to a penalty not exceeding 20 penalty units unless it is proved:
(a)  that the person was on the premises for a lawful purpose,
(b)  that the licensee had taken all reasonable care to prevent the person coming or remaining on the premises for an unlawful purpose,
(c)  that the licensee had taken all reasonable care to ascertain, and believed, that the purpose for which the person had come and remained on the premises was a lawful purpose, or
(d)  that, at the time the offence is alleged to have been committed, the person so found was a lodger or inmate or an employee of the licensee.
s 120: Am 1985 No 77, Sch 4 (20); 1989 No 91, Sch 4 (8).
121   Unauthorised sale of liquor by licensee
(1)  A person authorised under this Act to sell liquor shall not sell or supply liquor, or cause or suffer liquor to be sold or supplied:
(a)  in a quantity other than a quantity that he or she is authorised under this Act to sell or supply, or
(b)  otherwise than in accordance with the authority conferred on him or her by or under this Act.
(2)  An agent or servant of, or person purporting to act on behalf of, a person authorised under this Act to sell liquor shall not sell liquor, or cause or suffer liquor to be sold:
(a)  in a quantity other than a quantity that the person of whom he or she is the agent or servant, or on behalf of whom he or she purports to act, is authorised by or under this Act to sell, or
(b)  otherwise than in accordance with the authority conferred by or under this Act on the person so authorised.
Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.
s 121: Am 1993 No 28, Sch 6 (5); 1999 No 63, Sch 1 [58].
122   Sale of liquor without licence
(1)  A person who is not the agent or servant of a person authorised to sell liquor under this Act shall not sell liquor, or cause or suffer liquor to be sold, unless:
(a)  he or she is authorised under this Act to sell the liquor, or
(b)  he or she does so on the defined premises of a registered club on behalf of, and with the authority of, the club.
Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.
(2)  A person who is the occupier, manager or person apparently in control of any premises on or from which liquor is sold in contravention of subsection (1) shall be deemed to have sold the liquor unless it is proved that:
(a)  he or she had no knowledge of the sale, and
(b)  he or she had used all due diligence to prevent the sale of liquor on or from the premises.
(3)  A person shall not, unless he or she has, upon application to the court, been exempted by the court from the operation of this subsection:
(a)  intimate or state:
(i)  by an advertisement or notice displayed on premises that are not licensed under this Act and are not the defined premises of a registered club,
(ii)  by publication of an advertisement or notice in a newspaper,
(iii)  by means of circulars, or
(iv)  by radio or television broadcast,
that he or she will, or is prepared to, accept orders from, or act as agent for, another person for the purchase, supply or delivery of liquor, and
(b)  deliver liquor ordered by any person, or obtained by him or her as agent for any person, on or from premises that are not licensed premises under this Act and are not the defined premises of a registered club.
Maximum penalty: 50 penalty units or imprisonment for 6 months or both.
s 122: Am 1993 No 28, Sch 6 (6); 1999 No 63, Sch 1 [59].
123   Unlicensed premises
(1)  A person shall not:
(a)  open, keep or use any premises,
(b)  knowingly and wilfully permit any premises to be opened, kept or used by another person,
(c)  have the care or management of any premises opened, kept or used, or
(d)  assist in conducting the business of any premises opened, kept or used,
for the purpose of:
(e)  the owner, occupier or keeper of the premises,
(f)  a person procured or employed by, or acting on behalf of, a person using the premises or the owner, occupier or keeper of the premises,
(g)  any person having the care or management of the premises or in any manner conducting the business of the premises,
selling liquor unless a licence is held in respect of the premises or the premises are the defined premises of a registered club.
Maximum penalty: 50 penalty units or imprisonment for 6 months or both.
(2)  A licensee shall not sell, or employ or permit another person to sell, liquor on premises, or in a place, other than the premises on which, or the place at which, the licensee is by his or her licence authorised to sell the liquor.
Maximum penalty: 20 penalty units.
(3)  A person shall not be found on premises opened, kept or used in contravention of subsection (1).
Maximum penalty: 2 penalty units.
s 123: Am 1993 No 28, Sch 6 (7); 1999 No 63, Sch 1 [60] [61].
124   Brewers to be licensed
A person shall not carry on business as a brewer unless he or she is the holder of an off-licence for a brewer.
Maximum penalty: 20 penalty units.
s 124: Am 1993 No 28, Sch 6 (1).
125   Conduct on licensed premises
(1)  A licensee shall not:
(a)  permit his or her licensed premises to be used for the purposes of prostitution, or
(b)  permit intoxication, or any indecent, violent or quarrelsome conduct, on his or her licensed premises.
Maximum penalty: 20 penalty units in the case of an offence under paragraph (a) or 50 penalty units in the case of an offence under paragraph (b).
(2)  A person shall not use any part of licensed premises for the purposes of prostitution.
Maximum penalty: 20 penalty units.
(3)  A person (whether or not he or she is the licensee) shall not, on licensed premises, sell or supply liquor to any person who is at the time in a state of intoxication.
Maximum penalty: 50 penalty units.
(4)  Where a person is intoxicated on licensed premises, the licensee shall be deemed to have permitted intoxication on the licensed premises unless the licensee proves that the licensee and his or her employees took the steps set out in subsection (4A) or all other reasonable steps to prevent intoxication on the licensed premises.
(4A)  For the purposes of subsection (4), the following are the relevant steps:
(a)  asked the intoxicated person to leave the premises,
(b)  contacted, or attempted to contact, a police officer for assistance in removing the person from the premises,
(c)  refused to serve the person any alcohol after becoming aware that the person was intoxicated.
(5)  In the application of this section to a caterer’s licence, a reference to licensed premises does not include private domestic premises except in subsection (3).
s 125: Am 1989 No 91, Sch 4 (9); 1993 No 28, Sch 3 (31); 1994 No 42, Sch 1 (19); 1996 No 41, Sch 1 [40] [41]; 1996 No 42, Sch 1 [76] [77].
125A   Production of licence
(1)  The holder of a licence who fails, without reasonable excuse, to produce the licence on demand being made on the licensed premises by:
(a)  a police officer, or
(b)  a special inspector,
is guilty of an offence.
Maximum penalty: 5 penalty units.
(2)  The onus of proving a reasonable excuse for the purposes of this section is on the licensee.
s 125A: Ins 1984 No 57, Sch 1 (16). Am 1989 No 91, Schs 3 (4), 4 (10). Subst 1990 No 114, Sch 3 (9).
125B   Holding more than one licence or holding certain interests
(1)  A person who, at any one time:
(a)  holds more than one hotelier’s licence or more than one nightclub licence, or
(b)  without the consent of the Board, has a financial interest in a hotelier’s licence and a restaurant (whether or not it is a licensed restaurant), or
(c)  holds an off-licence to sell liquor by retail and an off-licence for a vigneron,
is guilty of an offence.
Maximum penalty: 5 penalty units.
(2)  This section does not apply to a licensee that is a body corporate.
s 125B: Ins 1984 No 57, Sch 1 (16). Am 1988 No 94, Sch 1 (9). Subst 1990 No 114, Sch 3 (9). Am 1994 No 42, Sch 1 (34); 1996 No 84, Sch 1 [31].
125C   Responsible service
(1)  The regulations may make provision for or with respect to requiring or encouraging the adoption of responsible practices in the sale, supply, service and promotion of liquor.
(2)  In particular, the regulations may make provision for or with respect to the following:
(a)  restricting or prohibiting the conduct of promotions or other activities (including discounting or supply of liquor free of charge) that could result in misuse or abuse of liquor, such as binge drinking or excessive consumption,
(b)  the standards to be observed on licensed premises in the sale and service of liquor, for the purpose of preventing misuse or abuse of liquor,
(c)  requiring licensees, managers and other persons engaged in the sale, supply, service and promotion of liquor and other activities on the licensed premises to undergo courses of training that will promote responsible practices in those activities.
(3)  Without limiting subsection (2) (b), the regulations may adopt with or without modification the standards contained in an industry code of practice as standards to be observed on licensed premises in the sale, supply, service and promotion of liquor.
(4)  The regulations under this section can create offences punishable by a penalty not exceeding 50 penalty units.
s 125C: Ins 1984 No 57, Sch 1 (16). Rep 1993 No 28, Sch 1 (2). Ins 1996 No 41, Sch 1 [42].
125D   Responsible conduct of gambling activities
(1)  The regulations may make provision for or with respect to requiring or encouraging the adoption of responsible practices in relation to the gambling activities that may lawfully be conducted at licensed premises.
(2)  In particular, the regulations may make provision for or with respect to the following:
(a)  restricting or prohibiting the conduct of promotions or other activities (including advertising),
(b)  the standards to be observed on licensed premises for the conduct of responsible gambling activities,
(c)  requiring licensees, managers or other persons involved or proposing to be involved in the conduct of gambling activities at licensed premises to undergo courses of training that will promote responsible practices in the conduct of those activities,
(d)  the prohibition or restriction of the offering of inducements, or inducements of a kind, specified in the regulations,
(e)  the information to be provided and signs to be displayed about gambling activities at licensed premises,
(f)  the notices to be displayed with respect to the availability of counselling in respect of financial, social or other problems that may arise in connection with gambling,
(g)  requiring facilities on licensed premises for the withdrawal or transfer of money from banks and authorised deposit-taking institutions (such as ATMs and EFTPOS) to be installed or located in parts of the premises that are separate from parts of those premises where gambling activities are conducted,
(h)  the provision of anonymity at the request of a gambler who has won a major prize.
(3)  The regulations under this section may create offences punishable by a penalty not exceeding 50 penalty units.
(4)  It is the intention of Parliament that regulations under this section will be made as soon as practicable after the date of assent to the Gambling Legislation Amendment (Responsible Gambling) Act 1999.
s 125D: Ins 1984 No 57, Sch 1 (16). Rep 1993 No 28, Sch 1 (2). Ins 1999 No 49, Sch 2 [7].
125E   Sale of stolen goods and possession, use or sale of drugs not to be permitted on licensed premises
(1)  A licensee shall not permit his or her licensed premises to be used for the sale of:
(a)  any goods that the licensee suspects of being stolen, or
(b)  any substance that the licensee suspects of being a prohibited plant or a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985.
Maximum penalty: 50 penalty units.
(1A)  A licensee must not permit the possession or use on the licensed premises of any substance that the licensee suspects of being a prohibited plant or a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985.
Maximum penalty: 50 penalty units.
(2)  A servant of a licensee or a person, other than the licensee, in charge of licensed premises shall not permit the licensed premises to be used for the sale of:
(a)  any goods that the servant or person suspects of being stolen, or
(b)  any substance that the servant or person suspects of being a prohibited plant or a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985.
Maximum penalty: 50 penalty units.
(2A)  A servant of a licensee or a person, other than the licensee, in charge of licensed premises must not permit the possession or use on the licensed premises of any substance that the servant or person suspects of being a prohibited plant or a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985.
Maximum penalty: 50 penalty units.
(3)  It is a defence to a prosecution for an offence under this section if it is proved that the goods concerned were not stolen or that the substance concerned was not a prohibited plant or a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985.
s 125E: Ins 1985 No 12, sec 2. Am 1985 No 227, Sch 1; 1993 No 28, Sch 6 (5); 1996 No 42, Sch 1 [78]–[80].
125F   Industry codes of practice
(1)  For the purpose of providing practical guidance for the promotion of responsible practices in the conduct of gambling activities at licensed premises, the Minister is, within 6 months after the date of assent to the Gambling Legislation Amendment (Responsible Gambling) Act 1999, to approve an industry code of practice that sets out the standards to be observed by licensed premises for the responsible conduct of gambling activities.
(2)  The Minister may approve as an industry code of practice any code, standard or document relating to such standards prepared or formulated by the Australian Hotels Association (NSW) or any other body or authority.
(3)  The Minister may approve any amendment of the code of practice or revoke the approval of the code of practice.
(4)  The Minister is to publish in the Gazette:
(a)  the approved code of practice, and
(b)  any approved amendment of the code of practice, and
(c)  the revocation of an approval of a code of practice.
(5)  The Minister is to cause a copy of the approved code of practice and, if any amendment to the code has been approved, a copy of the amendment, to be made available for inspection by members of the public without charge at the offices of the Department of Gaming and Racing during normal office hours.
s 125F: Ins 1999 No 49, Sch 2 [8].
126   Gaming on licensed premises
(1)  A licensee shall not:
(a)  permit or suffer any gaming for stakes on his or her licensed premises,
(b)  permit or suffer the playing of an unlawful game on his or her licensed premises, or
(c)  in contravention of the Unlawful Gambling Act 1998:
(i)  open, keep or use his or her licensed premises, or
(ii)  suffer his or her licensed premises to be opened, kept or used.
Maximum penalty: 10 penalty units.
(2)  A servant of a licensee or a person, other than the licensee, in charge of licensed premises shall not permit the playing of an unlawful game on the licensed premises.
Maximum penalty: 10 penalty units.
(3)  The conduct on licensed premises of a lottery or game of chance pursuant to and in accordance with section 4 or 4A of the Lotteries and Art Unions Act 1901, or any other lawful gaming or wagering activity, does not render a person liable to a penalty under subsection (1) or (2).
(4)  Nothing in this section affects section 160.
s 126: Am 1984 No 57, Sch 1 (17); 1993 No 28, Schs 1 (10), 6 (5); 1997 No 73, Sch 3 [4]; 1998 No 113, Sch 2.9 [2].
126A   Prohibition on extension of credit for gambling
(1)  A responsible person for licensed premises must not extend, or offer to extend, a cash advance or any other form of credit to another person for the purpose of enabling the other person to gamble at the licensed premises.
Maximum penalty: 50 penalty units.
(2)  Subsection (1) does not apply to the extension of a cash advance in the form of a prize or bonus provided as referred to in section 20 (4A).
(3)  In this section:
responsible person for licensed premises means the following:
(a)  the licensee,
(b)  the manager of the premises,
(c)  an agent or employee of the licensee or manager,
(d)  a person acting or purporting to act on behalf of the licensee or manager.
s 126A: Ins 1984 No 57, Sch 1 (18). Am 1989 No 11, Sch 1. Rep 1993 No 28, Sch 1 (2). Ins 1999 No 49, Sch 2 [9].
126B   Misrepresentation or misdescription of credit transactions
(1)  A responsible person for licensed premises must not, in any transaction involving a payment to the licensed premises by means of a credit facility provided by a bank or authorised deposit-taking institution, describe or represent any cash advance extended to another person who the responsible person knows, or could reasonably be expected to know, intends to use the cash advance to gamble at the licensed premises to be a payment for goods or services lawfully provided on the licensed premises or elsewhere.
Maximum penalty: 50 penalty units.
(2)  In this section:
responsible person has the same meaning as it has in section 126A.
s 126B: Ins 1999 No 49, Sch 2 [9].
127   Sign on unlicensed premises
A person who is not a licensee shall not, on his or her premises, exhibit any sign, writing, painting or other mark that may imply, or give reasonable cause for the belief, that the premises are licensed premises or that liquor is sold or supplied therein.
Maximum penalty: 2 penalty units.
s 127: Am 1993 No 28, Sch 6 (8).
128   (Repealed)
s 128: Am 1993 No 28, Sch 6 (3). Rep 1994 No 49, Sch 1 (24).
129   Failure to pay for liquor, meals etc
(1)  A person shall not, if supplied on licensed premises with liquor, a meal or accommodation:
(a)  refuse or fail, on demand of payment made by the licensee, or the licensee’s employee or agent, to pay a reasonable amount therefor, or
(b)  avoid such a demand.
Maximum penalty: 3 penalty units.
(2)  The court before which a person is convicted of an offence under subsection (1) may, on the conviction or at any time thereafter, order the offender to pay to the licensee such amount as it thinks reasonable for the provision of the liquor, meals or accommodation, as the case may be.
s 129: Am 1985 No 77, Sch 4 (21); 1993 No 28, Sch 6 (9).
130   Liquor at auction sale
A person who is, or is to be, the auctioneer at an auction sale or the owner of any property that is, or is to be, submitted for auction, or a person acting for or on behalf of such an auctioneer or owner, shall not bring or provide any liquor, or cause any liquor to be brought or provided, upon the premises at which the sale is to be held, or any premises appurtenant or adjacent thereto, for consumption by persons attending the auction unless the premises are licensed premises.
Maximum penalty: 5 penalty units.
s 130: Am 1993 No 28, Sch 6 (3).
131   Carrying away of liquor
(1)  A person shall not carry away liquor from any premises in respect of which an on-licence or nightclub licence is held.
Maximum penalty: 3 penalty units.
(2)  It is a defence to a prosecution for an offence under subsection (1) if it is proved that the liquor carried away was in the possession of the defendant when the defendant entered the premises.
(3)  No offence is committed under subsection (1) if:
(a)  the on-licence is a restaurant licence, and the liquor is wine, and
(b)  the wine was purchased in a container at the restaurant and was partly consumed there, and
(c)  the container is re-corked or otherwise resealed before being carried away.
s 131: Am 1993 No 28, Sch 6 (9); 1996 No 84, Sch 1 [32]; 2000 No 62, Sch 1 [35].
132   Obtaining liquor by false representation
A person shall not obtain, or attempt to obtain, liquor on licensed premises by falsely representing:
(a)  that the person is a lodger in, or inmate of, the premises,
(b)  that the person is a guest of a lodger in, or of an inmate of, the premises,
(c)  that the person intends to partake of, or has partaken of, a meal on those premises,
(d)  that the person is in attendance at a dinner, reception, convention or the like, or at a ball conducted, on those premises,
(e)  that the person is a guest at a function on those premises,
(f)  that the person is an employee of the licensee, or
(g)  in the case of licensed premises within a university—that the person is a member, or the invited guest of a member, of the union, association, club or organisation that occupies the premises.
Maximum penalty: 3 penalty units.
s 132: Am 1989 No 130, Sch 1; 1993 No 28, Sch 6 (9).
133   Liquor in unregistered club
(1)  A person shall not, except pursuant to the authority conferred by an on-licence to sell liquor at a function, or relating to premises within a university, sell or supply liquor on the premises of an unregistered club or authorise any other person to sell or supply liquor on the premises of an unregistered club.
Maximum penalty: 10 penalty units.
(2)  If any liquor is kept on the premises of an unregistered club for sale or supply, each officer and member of the club is guilty of an offence and liable to a penalty not exceeding 2 penalty units.
(3)  It is a defence to a prosecution for an offence under subsection (2) if it is proved that the liquor was kept on the premises without the knowledge, or against the orders, of the defendant.
(4)  It is a defence to a prosecution for an offence under subsection (2) if it is proved:
(a)  that, at the time the liquor was kept, the premises were premises within a university in relation to which, at that time, an on-licence was in force or were premises in relation to which, at that time, an on-licence to sell liquor at a function was in force, or
(b)  that, at the time at which the liquor was kept:
(i)  the premises were premises in relation to which, at the time, an on-licence to sell liquor at a function had been granted, and
(ii)  where the liquor was kept on the premises before the commencement of the function to which the licence related—it had not been delivered on the premises unreasonably in advance of the commencement of the function.
s 133: Am 1989 No 130, Sch 1; 1993 No 28, Sch 6 (10).
134   Persons within unregistered club
A person who is on the premises of an unregistered club (not being premises within a university that are premises to which an on-licence relates) entered by a member of the police force pursuant to a search warrant shall not, on being required by the member of the police force to state his or her name and address:
(a)  refuse or fail to state his or her name and address, or
(b)  wilfully give a false name or address.
Maximum penalty: 10 penalty units.
s 134: Am 1989 No 91, Sch 4 (11); 1989 No 130, Sch 1.
135   Carrying of liquor for sale
(1)  A person shall not:
(a)  carry liquor about for the purpose of sale,
(b)  offer or expose liquor for sale at or upon any place other than a place at or upon which liquor may lawfully be sold, or
(c)  carry liquor, for the purpose of sale, to a place other than a place at or upon which liquor may lawfully be sold.
Maximum penalty: 20 penalty units.
(2)  Where liquor is carried, offered or exposed by a person in contravention of subsection (1) and is so carried, offered or exposed on behalf of another person, that other person shall be deemed to have contravened that subsection.
(3)  It is a defence to a prosecution for a contravention of subsection (1) or (2) if it is proved that the liquor was carried, offered or exposed, as the case may be, for the purpose of a sale that may lawfully be made.
(4)  In a prosecution for a contravention of subsection (1), the burden of proving that liquor that has been carried about, or carried to any place, was not so carried for the purpose of sale is on the person charged.
s 135: Am 1989 No 91, Sch 4 (12); 2000 No 62, Sch 1 [36].
136   Communication between licensed and unlicensed premises
A person shall not, without the consent of the Board, make or use, or allow to be made or used, an internal communication between:
(a)  premises that are not licensed premises or the defined premises of a registered club, and
(b)  premises that are licensed premises or the defined premises of a registered club.
Maximum penalty: 5 penalty units.
s 136: Am 1993 No 28, Sch 6 (3).
137–138E   (Repealed)
s 137: Am 1985 No 77, Sch 1 (9); 1989 No 130, Sch 1; 1993 No 28, Sch 6 (3). Rep 1994 No 49, Sch 1 (25).
s 138: Am 1993 No 28, Sch 6 (3). Rep 1994 No 49, Sch 1 (26).
s 138A: Ins 1984 No 57, Sch 1 (19). Am 1986 No 81, Sch 1 (11); 1988 No 94, Sch 1 (10). Rep 1993 No 28, Sch 1 (2).
s 138B: Ins 1984 No 57, Sch 1 (19). Am 1987 No 176, Sch 2 (11); 1988 No 94, Sch 1 (11). Rep 1993 No 28, Sch 1 (2).
s 138C: Ins 1984 No 57, Sch 1 (19). Am 1985 No 77, Sch 3 (6); 1986 No 81, Sch 1 (12); 1987 No 3, Sch 1 (15); 1988 No 94, Sch 1 (12); 1989 No 132, Sch 1; 1993 No 28, Sch 5 (2). Rep 1993 No 28, Sch 1 (2).
s 138D: Ins 1984 No 57, Sch 1 (19). Am 1987 No 176, Sch 2 (12); 1988 No 94, Sch 1 (13). Rep 1993 No 28, Sch 1 (2).
s 138E: Ins 1984 No 57, Sch 1 (19). Am 1988 No 94, Sch 1 (14). Rep 1993 No 28, Sch 1 (2).
139   False or misleading statements
(1)  A person must not, in an official document under this Act, make a statement that the person knows, or could reasonably be expected to know:
(a)  is false or misleading in a material respect, or
(b)  omits material matter.
(2)  A document is an official document under this Act if it is an application, declaration, affidavit, instrument or other document that is delivered to or lodged with the Board, the court, the Director or the registrar, for the purposes of this Act.
Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
s 139: Am 1993 No 28, Sch 6 (1). Subst 1996 No 41, Sch 1 [43]. Am 1996 No 42, Sch 1 [81]; 1999 No 27, Sch 1 [22].
Division 2 Evidence
140   Averments
(1)  In any proceedings under this Act, an allegation (however expressed) in an application, objection, information or complaint:
(a)  that a liquid is liquor,
(b)  that a specified person is the holder of a licence or a specified kind of licence,
(c)  that a specified person is not the holder of a licence or a specified kind of licence,
(c1)  that a specified endorsement is an endorsement on a specified licence,
(c2)  that a specified person is or was the secretary or an office holder of a specified non-proprietary association at a specified time or during a specified period,
(c3)  that a specified on-licence to sell liquor at a function is or was held by a specified person on behalf of a specified non-proprietary association at a specified time or during a specified period,
(d)  that a specified licence has been suspended,
(d1)  that specified premises are licensed premises,
(d2)  that a specified part of premises is a restricted area,
(d3)  that a specified device is or is not an approved amusement device,
(d4)  that a specified person is authorised to keep and to permit the use and operation of an approved amusement device or a specified number of approved amusement devices,
(d5)  that a specified person is not authorised to keep or to permit the use or operation of an approved amusement device,
(d6)  that specified hours are the trading hours of specified licensed premises,
(d7)  that specified premises are subject to a closure order under this Act,
(d8)  that a minors functions authority is in force in respect of a specified part of any premises,
(d9)  that an authorisation under section 112 is in force in respect of a specified part of any premises,
(d10)  that a specified area is a reception area,
(d11)  that a specified condition has been, and remains, imposed on a specified licence,
(d12)  that a specified person has been approved under Division 8A of Part 3 as the manager of specified licensed premises,
(d13)  that a specified gaming device is an approved gaming device,
(e)  that a specified person is the Principal Registrar,
(e1)  that a specified person is the Director,
(e2)  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 6B,
(f)  that a specified person is a special inspector,
(g)  that a race-meeting or meeting for coursing specified in the information or complaint was held at a place and on a date so specified,
(h)  that a horse or dog specified in the information or complaint took part in a race, contest or course so specified, or
(i)  that a race, contest or course specified in the information or complaint started at a time so specified,
is evidence of the truth of the allegation.
(2)  In any proceedings under this Act, an allegation in an information that, at a specified time after the commencement of this Act, a person was under the age of 18 years is evidence of the truth of the allegation unless, as prescribed, the defendant denies the allegation.
s 140: Am 1984 No 57, Sch 1 (20); 1987 No 3, Sch 1 (16); 1990 No 28, Sch 2 (16); 1994 No 42, Sch 1 (67); 1996 No 42, Sch 1 [82]; 1997 No 155, Sch 2 [22]; 1999 No 27, Sch 1 [23] [24].
141   Evidence of certain matters
(1)  In any proceedings under this Act:
(a)  evidence of delivery or supply of liquor is evidence of a sale of the liquor, and
(b)  evidence of a sale of liquor on a vessel or an aircraft is evidence of a sale by the master of the vessel or the captain of the aircraft.
(1A)    (Repealed)
(2)  In any proceedings under this Act, evidence as to the suitability of premises to be licensed premises may be given by means of a certificate of the Board.
(3)  Where applications are heard together, the evidence relating to one of them is evidence relating to the other or others.
s 141: Am 1985 No 77, Sch 4 (22); 1987 No 3, Sch 1 (17); 1997 No 155, Sch 1 [18].
142   Licensee taking liquor off premises outside hours
In any proceedings for a contravention of section 119 (1), liquor shall be deemed to have been sold or consumed on the licensed premises to which the proceedings relate notwithstanding that it is proved that the licensee took or carried, or employed or suffered another person to take or carry, the liquor out of the licensed premises for the purpose of being sold or consumed at a place in the occupation of the licensee or in a public street or other public place.
Division 3 General
142A   Proof of certain matters
In any proceedings for an offence under this Act, the defendant shall have the onus of proving that, because of section 6 (i), this Act does not apply to or in respect of the act or omission which constitutes the offence.
s 142A: Ins 1987 No 3, Sch 1 (18).
143   General penalty
The maximum penalty for a contravention of a provision of this Act is 50 penalty units unless some other maximum penalty or punishment is provided for the contravention.
s 143: Am 1993 No 28, Sch 3 (32).
143A   Additional penalties
In addition to any other penalty it may impose on a licensee or manager for an offence under this Act, the court may, if it thinks it appropriate, do any one or more of the following:
(a)  reprimand the licensee or manager,
(b)  impose a condition to which a licence is to be subject or revoke or vary a condition to which a licence is subject,
(c)  suspend a licence for such period, not exceeding 12 months, as the court thinks fit,
(d)  cancel a licence,
(e)  disqualify the licensee from holding a licence for such period as the court thinks fit,
(f)  withdraw the manager’s approval to manage licensed premises,
(g)  disqualify the manager from being the holder of an approval to manage licensed premises,
(h)  give such directions as to the exercise of the licence as the court thinks fit.
s 143A: Ins 1996 No 42, Sch 1 [83].
144   Licensee liable for act of employee etc
Where, in contravention of this Act, an agent or employee of the holder of a licence or the manager of licensed premises, or a person acting, or purporting to act, on behalf of the holder of a licence or the manager of licensed premises, sells or supplies liquor on the premises to which the licence relates, the licensee or manager is guilty of an offence and liable to the punishment prescribed for the contravention.
s 144: Am 1994 No 42, Sch 1 (35).
145   Proceedings for offences
(1)  Proceedings under this Act whereby a person:
(a)  may be imprisoned, or
(b)  may be punished by the exaction of a penalty for the non-payment of which the person is liable to be imprisoned,
may be disposed of summarily by the Licensing Court or by a Local Court constituted by a Magistrate sitting alone.
(2)  Proceedings referred to in subsection (1) may be instituted by an information laid within the period of 12 months that next succeeds the act or omission giving rise to the proceedings.
(2A)  Despite anything to the contrary in this section or in any other Act, proceedings for an offence referred to in the Table to this section may be instituted by information laid within the period of 3 years after the act or omission giving rise to the offence.
(3)  Where the provisions of the Justices Act 1902 require any jurisdiction conferred by that Act to be exercised only by a Magistrate, that jurisdiction may, for the purposes of subsection (1), be exercised by the Licensing Court.
Table (Offences to which 3 year time limit applies)
An offence against section 37, 69B, 69E, 86L, 101, 105A, 105B, 121, 122, 123, 124, 125B, 136, 139, 155A, 161, 181, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198 or 199 of this Act.
s 145: Am 1993 No 28, Sch 3 (33); 1996 No 42, Sch 1 [84]; 1999 No 31, Sch 2.21 [7].
s 145, table: Ins 1996 No 42, Sch 1 [85]. Am 1999 No 31, Sch 2.21 [7].
145A   Penalty notices
(1)  An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act or the regulations and the offence is one that is stated by the regulations to be an offence to which this section applies.
(2)  A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person may pay within a time and to a person specified in the notice the amount of penalty prescribed by the regulations for the offence if dealt with under this section.
(3)  A penalty notice may be served personally or by post.
(4)  If the amount of penalty prescribed for the purposes of this section for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence, except proceedings under Division 8 (Disciplinary provisions) of Part 3.
(5)  Payment under this section is not to be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil proceeding arising out of the same occurrence.
(6)  However, when a penalty is paid under this section in respect of a penalty notice served on a person, the person is for the purposes of Division 8 (Disciplinary provisions) of Part 3 taken to have been convicted of the offence to which the penalty notice related.
(7)  Payment under this section does not interfere with the operation of section 69F, 69G, 69H or 144 in respect of a contravention or alleged contravention of this Act by the person who pays the penalty.
(8)  The regulations may:
(a)  prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and
(b)  prescribe the amount of penalty payable for the offence if dealt with under this section, and
(c)  prescribe different amounts of penalties for different offences or classes of offences.
(9)  The amount of a penalty prescribed under this section for an offence must not exceed the maximum amount of penalty which could be imposed for the offence by a court.
(10)  This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
(11)  In this section:
authorised officer means a police officer, the Director or a special inspector.
s 145A: Ins 1994 No 42, Sch 1 (61). Am 1994 No 49, Sch 1 (27); 1996 No 42, Sch 1 [86] [87]; 1999 No 12, Sch 1 [12].
145B   Attendance notices for offences
(1)  If an information may be laid before the court against any person for an offence that is prescribed by the regulations as an offence to which this section applies, a police officer may issue a notice for the attendance of the person before the court.
(2)  The provisions of the Justices Act 1902 apply to and in respect of a notice issued under this section in the same way as they apply to and in respect of an attendance notice under that Act.
(3)  For the purposes of the application of the Justices Act 1902 under this section:
(a)  a notice issued under this section is taken to be an attendance notice issued under section 100AB of that Act, and
(b)  a reference in that Act to a justice is taken to include a reference to a licensing magistrate, and
(c)  a reference in that Act to a Local Court is taken to include a reference to the court.
s 145B: Ins 1996 No 42, Sch 1 [88].
145C   Application of Justices Act 1902
(1)  The regulations may declare that specified provisions of the Justices Act 1902 apply to and in respect of the court (whether or not they would apply apart from this subsection).
(2)  Those provisions apply accordingly, and so apply with such adaptations as are necessary or with such modifications as are specified in the regulations.
(3)  This section does not affect the operation of section 145B or 147.
s 145C: Ins 1998 No 49, Sch 20.
Part 9 Appeals and reviews
pt 9, hdg: Am 1996 No 42, Sch 1 [89].
146   Appeal to Supreme Court on question of law
(1)  A person aggrieved by an adjudication of the Licensing Court may appeal therefrom to the Supreme Court of New South Wales on a question of law.
(2)  On the determination of an appeal under subsection (1), the Supreme Court shall:
(a)  remit the matter to the Licensing Court for determination in accordance with the decision of the Supreme Court, or
(b)  make such other order in relation to the appeal as it thinks fit.
(3)  An appeal under subsection (1) shall be made in accordance with the rules of court of the Supreme Court.
(4)  Where a matter is remitted to the court under subsection (2) (a), the Chairperson may replace with another magistrate referred to in section 9 or 10 the magistrate so referred to who constituted, or a magistrate so referred to who was a member of, the court to whose adjudication the matter remitted relates if:
(a)  the magistrate being replaced has ceased to hold office as a magistrate, or
(b)  the magistrate being replaced is absent, ill or otherwise unavailable for duty.
(5)  A magistrate who, pursuant to subsection (4), replaces another magistrate for the purpose of determining a matter remitted to the court under subsection (2) (a) may do any act or thing in connection with the remitted matter that could have been done by the replaced magistrate if the replaced magistrate had constituted, or been a member of, the court determining the remitted matter and, for that purpose:
(a)  may read as evidence for any party the depositions of all witnesses in the proceedings, and
(b)  may decide, or join in deciding, to grant leave for further evidence to be called by a party to the proceedings.
s 146: Am 1984 No 139, Sch 3 (3).
147   Appeal to District Court from conviction
Division 4 of Part 5 of the Justices Act 1902 applies to and in respect of an adjudication of the Licensing Court exercising jurisdiction under section 145 in the same way as it applies to and in respect of a conviction or order of a justice or justices.
148   Appeal to Licensing Court against decision of Court
(1)  Except where an appeal lies by reason of section 146 or 147, a person aggrieved by an adjudication of the court constituted by less than 3 magistrates may appeal therefrom, as prescribed, to the court constituted as provided by section 10.
(2)  An appeal under subsection (1) is an appeal by way of rehearing and the decision on such an appeal is, subject to section 146, final and conclusive and not subject to appeal.
(3)  The lodging of an appeal under this section does not operate to stay the decision appealed against unless the court as constituted by section 10, on application or of its own motion, otherwise directs.
(4)  Without limiting subsection (1), an order of the court under section 104C is an adjudication for the purposes of that subsection.
s 148: Am 1987 No 3, Sch 1 (19); 1989 No 91, Sch 5 (3); 1996 No 42, Sch 1 [90].
149   Appeal against suspension or cancellation of licence
Where an appeal is lodged against suspension or cancellation of a licence (not being a licence which authorises the sale of liquor), the suspension or cancellation does not take effect:
(a)  before the appeal is disposed of, or
(b)  if the appeal is upheld.
s 149: Am 1987 No 3, Sch 1 (20).
149A   Review of disqualification of more than 3 years
(1)  A person may apply to the court for removal of a disqualification of more than 3 years imposed under section 69 or 143A.
(2)  The application may be made only after:
(a)  any minimum period set by the court during which the application may not be made has expired, or
(b)  if no minimum period has been set, the disqualification has been in force for 3 years.
(3)  On application being made for the removal of a disqualification, the court may:
(a)  remove the disqualification, or
(b)  shorten the period of disqualification, or
(c)  confirm the disqualification and set a minimum period during which a further application under this section may not be made.
(4)  This section does not affect any right of appeal that a person might have under section 148 against the original decision to disqualify the person.
s 149A: Ins 1996 No 42, Sch 1 [91].
Part 10 Miscellaneous
150   Courses of instruction
The regulations may provide that, unless the court otherwise determines in relation to a particular applicant or class of applicants, an application for, or for the transfer of, a licence of a specified kind shall not be granted unless the applicant has attended a course of training or instruction prescribed by the regulations or approved by the Board in relation to that kind of licence.
s 150: Am 1984 No 57, Sch 1 (21); 1996 No 41, Sch 1 [44].
150A   Exclusion of liability
No liability is incurred by a person who is:
(a)  a member of the Board, or
(b)  a special inspector or a member of the Police Service, or
(c)  an officer or temporary employee appointed or employed under the Public Sector Management Act 1988,
for any act done or omitted in good faith by the person in the course of the administration of this Act.
s 150A: Ins 1993 No 28, Sch 3 (35).
150B   Liability with respect to self-exclusion schemes
(1)  In this section:
self-exclusion scheme means a scheme:
(a)  in which a person (“the participant”) is prevented, at his or her own request, from entering or remaining on any part or parts of licensed premises used for gambling, and
(b)  that is conducted by the licensed premises in accordance with any requirements prescribed by the regulations for the purposes of this section.
(2)  It is lawful for a responsible person for licensed premises, using no more force than is reasonable in the circumstances:
(a)  to prevent a participant in a self-exclusion scheme from entering those parts of the premises used for gambling, and
(b)  to remove such a person from those parts of the premises or cause such a person to be removed from them.
(3)  No civil or criminal liability is incurred by a responsible person for licensed premises for any act done or omitted in good faith and in accordance with this section to or in respect of a participant in a self-exclusion scheme conducted at the licensed premises.
(4)  In this section:
responsible person for licensed premises means the following:
(a)  the licensee,
(b)  the manager of the premises,
(c)  an agent or employee of the licensee or manager,
(d)  any other person involved in the conduct of gambling activities at the premises.
s 150B: Ins 1999 No 49, Sch 2 [10].
151   Search warrants
(1)  In this section, authorised justice has the same meaning as in the Search Warrants Act 1985.
(2)  A member of the police force may apply to an authorised justice for a search warrant if the member of the police force has reasonable grounds for believing:
(a)  that liquor has been sold, or is held for sale, on any premises (not being premises on which a person is authorised by this Act to sell liquor or premises that are the defined premises of a registered club), or
(b)  that liquor other than Australian wine has been sold, or is held for sale, at any premises (being premises to which an off-licence for a vigneron relates).
(2A)  An authorised justice to whom an application is made under subsection (2) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any member of the police force to enter and search the premises.
(2B)  Part 3 of the Search Warrants Act 1985 applies to a search warrant issued under this section.
(3)  A member of the police force who enters any premises pursuant to a search warrant issued under this section may search the premises and:
(a)  where the premises are premises referred to in subsection (2) (a)—may seize any liquor that he or she finds on those premises and the vessels in which it is contained,
(b)  where the premises are premises referred to in subsection (2) (b)—may seize any liquor other than Australian wine that he or she finds on the premises and the vessels in which it is contained,
(c)  may seize any books of account and documents that may reasonably be suspected to relate to:
(i)  the sale or supply of liquor, or
(ii)  the business of an unregistered club, and
(d)  if the premises are the premises of an unregistered club—may require any person on the premises to state his or her name and address.
(4)  Where any liquor is seized under subsection (3), a Magistrate or licensing magistrate shall, on the application of a member of the police force or of his or her own motion, issue a summons calling upon the owner of the liquor or the occupier of the premises whereon it was seized to appear before the court and show how and for what purpose the owner or occupier came into possession of the liquor.
(5)  Where a person summoned under subsection (4) appears in response to the summons, or if he or she fails so to appear, the court shall inquire into the matter and shall:
(a)  if satisfied that the liquor was on the premises on which it was seized for the purpose of being illegally sold—order the forfeiture to the use of the Crown of the liquor and the vessels in which it is contained, or
(b)  if not so satisfied—order the return to the person summoned of the liquor and the vessels in which it is contained.
s 151: Am 1985 No 38, Sch 1; 1991 No 92, Sch 2; 1997 No 155, Sch 3 [8].
151A   Summons may be served by post
(1)  A summons issued under this Act may be served by post.
(2)  Service of a summons by post may be proved by the oath of the person who served it, or by affidavit or otherwise. The deposition or affidavit of service must state the manner in which the deponent was informed of the address to which it was posted and the time and place of posting.
(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 the service of summonses.
s 151A: Ins 1984 No 57, Sch 1 (22). Am 1985 No 38, Sch 1; 1991 No 92, Sch 2. Rep 1993 No 28, Sch 1 (2). Ins 1994 No 49, Sch 1 (28).
151B   Service by post
A summons, notice (including a penalty 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 any licensed premises of which the person is licensee,
(b)  the address of the place at which the person resides, as last known to the Board,
(c)  the address of a place at which the person carries on business, as last known to the Board.
s 151B: Ins 1989 No 132, Sch 1. Rep 1993 No 28, Sch 1 (2). Ins 1994 No 49, Sch 1 (28).
152   Forfeiture of liquor and other things
(1)  Where, in proceedings for an offence under section 121 (1) (b), the holder of an off-licence is found guilty of having sold liquor that he or she is not authorised by his or her licence to sell, there shall be forfeited to the use of the Crown all liquor (other than liquor he or she is authorised by his or her licence to sell) found, at the time of the commission of the offence, in his or her possession or apparently under his or her control together with the vessels in which the liquor is contained.
(2)  Where, in proceedings for an offence under section 122 (1), a person is found guilty of having committed the offence, there shall be forfeited to the use of the Crown all liquor found, at the time of the commission of the offence, in his or her possession or apparently under his or her control, or in the place where the offence was committed, together with the vessels in which the liquor is contained.
(3)  Where, in proceedings for an offence under section 135, a person is proved to have committed the offence, there shall be forfeited to the use of the Crown:
(a)  all liquor that, in contravention of that section, was being, by the offender, carried about for sale, offered or exposed for sale or carried to any place for the purpose of sale together with the vessels in which the liquor is contained, and
(b)  any vehicle, boat or other conveyance in which the liquor was so carried, offered or exposed.
(3A)  If a licence is cancelled under this Act, there is forfeited to the use of the Crown all liquor found, not earlier than 7 days after the cancellation takes effect, in the former licensee’s possession on the former licensed premises, together with the vessels in which the liquor is contained.
(4)  A member of the police force may seize and carry away anything that he or she reasonably suspects may be liable to forfeiture under this section.
(5)  A special inspector may seize and carry away any liquor, together with the vessels in which the liquor is contained, that the special inspector reasonably suspects may be liable to forfeiture under this section.
s 152: Am 1989 No 226, Sch 1; 1996 No 42, Sch 1 [92] [93]; 2000 No 93, Sch 1.10 [2] [3].
152A   Confiscation of proof of age cards
(1)  An authorised person to whom a proof of age card, or thing resembling a proof of age card, is produced by a person representing it to be the person’s proof of age card (whether as proof of age or of identity) may, with no authority other than this section, seize the card or thing if he or she reasonably suspects that the card or thing:
(a)  is not the person’s proof of age card or contains information that is false or misleading as to that person’s name or age, or
(b)  has been forged or fraudulently altered, or
(c)  is being used in contravention of any provision of this Act or the Registered Clubs Act 1976.
(2)  In this section:
proof of age card means a “proof of age” card issued by the Roads and Traffic Authority or by the corresponding public authority of the Commonwealth or of some other State or Territory.
(3)  A proof of age card or thing seized under this section is to be forwarded to the Commissioner of Police. The Commissioner must cause the card or article to be returned (by delivery or by post) to the person who produced it unless subsection (4) applies.
(4)  The Commissioner may retain possession of and deal with a proof of age card or thing forwarded to the Commissioner in such manner as the Commissioner thinks fit if satisfied that the card or thing:
(a)  is not the proof of age card of the person from whom it was seized or contains information that is false or misleading as to that person’s name or age, or
(b)  has been forged or fraudulently altered, or
(c)  is being used in contravention of any provision of this Act or the Registered Clubs Act 1976.
(5)  Each of the following is an authorised person for the purposes of this section:
(a)  any police officer,
(b)  any person while acting in the administration of this Act or the Registered Clubs Act 1976,
(c)  the licensee and any employee of the licensee on the licensed premises concerned, but only on those licensed premises or in a place in the immediate vicinity of those licensed premises,
(d)  the secretary and any employee of a registered club under the Registered Clubs Act 1976, but only on the premises of the club or in a place in the immediate vicinity of those premises.
s 152A: Ins 1984 No 57, Sch 1 (23). Am 1987 No 176, Sch 2 (13). Rep 1993 No 28, Sch 1 (2). Ins 1994 No 49, Sch 1 (29). Am 1999 No 19, Sch 2.18; 1999 No 63, Sch 1 [62].
153   Redemption of mortgaged premises
Where premises to which a hotelier’s licence, or an off-licence to sell liquor by retail, relates are subject to a mortgage, section 93 of the Conveyancing Act 1919 shall, for the purposes of its application to the mortgaged property, be deemed to have been amended:
(a)  by omitting therefrom the words “, in addition to any other” and by inserting instead the word “the”, and
(b)  by omitting therefrom the word “, interest” and by inserting instead the words “but he or she shall not be required to pay interest”.
154   (Repealed)
s 154: Am 1985 No 77, Sch 2 (7); 1996 No 41, Sch 1 [45]. Rep 1997 No 155, Sch 1 [19].
154A   Civil proceedings
(1)  A contract made with a licensee to sell liquor in accordance with this Act to the licensee shall be deemed, for the purposes only of subsection (2), to be a contract made jointly and severally with the licensee and the persons directly or indirectly interested in the profits of the business carried on pursuant to the licence.
(2)  If liquor is sold to a licensee under a contract referred to in subsection (1) and the licensee defaults in payment for the liquor, civil proceedings may be taken by the vendor of the liquor against all or any of the persons so referred to for recovery of the unpaid amount.
s 154A: Ins 1987 No 3, Sch 1 (21).
154B   Notification of change of employer
Where a person who is the holder of an amusement device seller’s licence or an amusement device technician’s licence commences or ceases employment with the holder of an amusement device dealer’s licence, the person shall, before the commencement of or within 7 days after the cessation of the employment, as the case may be, give to the Principal Registrar notification in a form approved by the Principal Registrar of the commencement or cessation of the employment.
s 154B: Ins 1987 No 3, Sch 1 (21).
154C   Evidence
(1)  Subject to subsection (2) and except to the extent (if any) that the court otherwise directs, evidence in any proceedings before the court under this Act (other than proceedings for an offence) is to be given by affidavit.
(2)  Except to the extent (if any) that the parties otherwise agree or the court otherwise directs, an affidavit may not, in the absence of the deponent, be admitted in evidence under subsection (1).
(3)  Where proceedings for or in respect of an offence against this Act are taken before the court, a witness present in the court at the hearing of the proceedings is, unless the court otherwise directs in a particular case or class of cases, to give evidence by means of a written statement a copy of which has been given both to the court and the parties and which, at the hearing, is verified orally on oath by the witness.
(4)  A witness who, pursuant to this section, gives evidence by affidavit or written statement may be cross-examined and re-examined as if he or she had given oral evidence on oath of the matter of the statement.
s 154C: Ins 1994 No 42, Sch 1 (62).
155   Notices
(1)  Except to the extent to which this Act otherwise provides, a notice under this Act shall be in writing and may be served by post.
(2)  The court may, at the hearing or adjourned hearing of a matter in relation to which a notice was served by post, notwithstanding that service, order the service of the notice in the manner provided by section 63 (1) of the Justices Act 1902 in relation to service of a summons (a reference in that section to “place of abode” being construed as including licensed premises, or proposed licensed premises, to which the notice relates) and may adjourn or further adjourn the hearing of the matter to enable the notice to be served in accordance with the order.
s 155: Am 1986 No 16, Sch 23.
155A   Secrecy
(1)  A person who:
(a)  acquires information in the exercise of a function of an office held by the person in the course of administering this Act, and
(b)  directly or indirectly makes a record of the information or divulges it to another person,
is guilty of an offence against this Act unless the information is recorded or divulged in the exercise of the functions of the office or in the course of administering this Act as a holder of that or any other office.
Maximum penalty: 50 penalty units.
(1A)    (Repealed)
(2)  Despite subsection (1), information may be divulged:
(a)  to a particular person or persons, if the Board certifies that it is necessary in the public interest that the information be divulged to the person or persons, or
(b)  to a person who is expressly or impliedly authorised to obtain it by the person to whom the information relates, or
(c)  to a prescribed person or a prescribed authority, or
(d)  to the Minister, or to a person who is engaged in the administration of this Act and is authorised in writing by the Minister to receive information under this section.
(3)  It is not an offence under this section if, in legal proceedings, a person:
(a)  discloses information in answer to a question that the person is compellable to answer, or
(b)  produces a document or other thing that the person is compellable to produce.
(4)  An authority or person to which or to whom information is divulged under this section, and a person or employee under the control of that authority or person, are, in respect of that information, subject to the same rights, privileges and duties under this section as the authority or person would be if that authority, person or employee were a person administering this Act and had acquired the information in the course of administering this Act.
(5)  This section does not apply to the divulging of information to, or to the production of any document or other thing to, any of the following:
  the Independent Commission Against Corruption,
  the National Crime Authority,
  the New South Wales Crime Commission,
  the Ombudsman,
  any other person or body prescribed for the purposes of this section.
(6)  This section does not prevent a person being given access to a document in accordance with the Freedom of Information Act 1989.
(7)  In this section, a reference to the production of a document or other thing includes a reference to provision of access to the document or other thing.
s 155A: Ins 1993 No 28, Sch 3 (36). Am 1993 No 108, Sch 2; 1994 No 49, Sch 1 (30); 1997 No 44, Sch 1 [4] [5]; 1997 No 151, Sch 3 [4] [5].
155B   Transfer of Board’s functions under this Act relating to approved gaming devices
(1)  The regulations may provide that any function of the Board under this Act relating to approved gaming devices may be exercised by a person other than the Board.
(2)  Any such regulation is to specify:
(a)  the function of the Board that is to be exercised, and
(b)  the person who may exercise the function concerned.
(3)  The regulations may make provision with respect to any matter that is relevant to the exercising of a function of the Board by a person other than the Board.
(4)  A delegation by the Board under section 75 has no effect if it is inconsistent with a regulation made in accordance with this section.
(5)  This section does not apply to the functions of the Board in so far as they relate to the specification of technical standards for approved gaming devices, linked gaming systems or equipment used in the connection of approved gaming devices to an authorised centralised monitoring system.
s 155B: Ins 1997 No 44, Sch 1 [6]. Am 1997 No 151, Sch 3 [6]; 1998 No 12, Sch 1 [3].
155C   Control of information obtained by CMS licensee
(1)  A CMS licensee and any director, officer, employee or agent of a CMS licensee who acquires CMS information must not make use of CMS information or directly or indirectly make a record of or divulge it to another person except:
(a)  in the course of and for the purposes of the operation of an authorised CMS, or
(b)  as may be authorised by the regulations.
Maximum penalty: 50 penalty units.
(2)  A CMS licensee must not use or divulge any CMS information (whether or not in the course of or for the purposes of the operation of an authorised CMS) in contravention of the regulations.
Maximum penalty: 100 penalty units.
(3)  The regulations may make provision for or with respect to the following:
(a)  authorising the recording, divulging and use of CMS information,
(b)  imposing restrictions, including prohibitions, on the use of CMS information by a CMS licensee (whether or not that use is in the course of or for the purposes of the operation of an authorised CMS),
(c)  requiring the payment of fees in connection with the use or divulging of CMS information, and providing for the person to whom any such fee is to be paid (including the State) and for the recovery of any unpaid fees.
(4)  The provisions of section 155A (2)–(7) extend to information to which this section applies as if they formed part of this section, but with subsection (4) of that section modified to read as follows:
  
(4)  An authority or person to which or to whom information is divulged under this section, and a person or employee under the control of that authority or person, are, in respect of that information, subject to the same rights, privileges and duties under this section as the authority or person would be if that authority, person or employee were an employee of a CMS licensee and had acquired the information in the course of the operation of an authorised CMS.
(5)  In this section:
CMS information means information acquired in the course of the operation of an authorised CMS.
s 155C: Ins 1997 No 151, Sch 3 [7].
156   Regulations
(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to:
(a)  the assessment, payment and collection of licence and other fees payable under this Act,
(b)  the practice and procedure of the court including the practice and procedure relating to the hearing of applications separately or together,
(c)  the summoning of witnesses and the scale of expenses allowable to witnesses,
(d)  matters of procedure in relation to objections,
(e)  forms for use for the purposes of this Act,
(f)  scales of court fees and fees payable to the Board,
(g)  the placing of notices or signs in or on licensed premises, the form and content of those notices or signs, and, where the regulations permit, the combination, into a single notice or sign, of two or more prescribed notices or signs,
(h)  the endorsement of licences and their production for endorsement or for any other purpose,
(i)  the control and cleanliness of, and access to, sanitary facilities for licensed premises (being a restaurant) located within, or in immediate proximity to, the licensed premises,
(j)  reception areas and matters connected therewith,
(k)  on-licences to sell liquor at a function and matters connected therewith, and
(l)  prescribing guidelines for the assistance of licensees and employees of licensees in determining indications of intoxication, and
(m)  certificates to be given by special inspectors and the effect of those certificates in relation to the production of records.
(1A)  Without limiting the generality of subsection (1), a regulation may make provision for or with respect to any of the following:
(a)  the manufacture and assembly of approved gaming devices,
(b)  the supply, offering to supply, sale, acquisition, ownership, possession, keeping, use, operation, transport, control, management, servicing, repair, maintenance and disposal of approved gaming devices,
(c)  the design and construction of approved gaming devices,
(d)  the means of identification, and the appearance, of approved gaming devices,
(e)  the terms and conditions of acquisition, ownership and disposal of approved gaming devices,
(f)  the types of approved gaming devices which may, or may not, be kept, used and operated on premises or a part of premises,
(g)  the installation and location of approved gaming devices on premises or a part of premises,
(h)  the offering and provision of prizes and bonuses relating to the use of approved gaming devices and the calculation and determination of the prizes and bonuses,
(i)  the keeping of records in relation to the keeping, use and operation of approved gaming devices, the form in which the records are to be kept, the transfer of the records, the inspection of the records and the obtaining of copies of the records,
(j)  the furnishing of returns, including periodic returns, in relation to approved gaming devices,
(k)  tampering or interfering with approved gaming devices,
(l)  the examination and inspection of approved gaming devices,
(m)  the sealing of an approved gaming device to prevent it from being operated without breaking the seal,
(n)  the withdrawal of an approved gaming device from operation until a defect in the device is rectified,
(o)  the removal of approved gaming devices from premises or parts of premises and the disposal of approved gaming devices by sale or otherwise,
(p)  the rebuilding or reconstruction of approved gaming devices and the distribution of used or second-hand approved gaming devices,
(q)  information to be provided on or in relation to approved gaming devices and the display of signs on or in relation to approved gaming devices,
(r)    (Repealed)
(s)  security procedures for the manufacture, assembly, storage, handling, transport, consignment and receipt of approved gaming devices,
(t)  any matter relevant to the conduct of gaming by the use of an approved gaming device,
(ta)  any matter relevant to the operation of an authorised CMS,
(tb)  CMS licensees and licences under Division 4 of Part 11,
(u)  the connecting of approved gaming devices within a hotel so that each gaming device contributes to the registration of a right to claim a pooled amount of money or money’s worth,
(v)  any matter relevant to the operation of an authorised linked gaming system within the meaning of Part 12,
(w)  licences, licensees and key employees within the meaning of Part 12,
(x)  licences under Part 13, and any aspect of the operation of such a licence.
(2)  A regulation may impose a penalty not exceeding 50 penalty units for a contravention thereof.
(2A)  The regulations may provide that the form to be used for a particular purpose is to be the form approved for the purpose by the Board.
(2B)  A regulation may apply, adopt or incorporate any publication as in force from time to time.
(3)  A provision of a regulation may:
(a)  apply generally or be limited in its application by reference to specified exceptions or factors,
(b)  apply differently according to different factors of a specified kind, or
(c)  authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,
or may do any combination of those things.
s 156: Am 1984 No 57, Sch 1 (24); 1984 No 139, Sch 3 (4); 1985 No 77, Sch 4 (23); 1989 No 11, Sch 1; 1993 No 28, Schs 1 (11), 3 (37); 1994 No 42, Sch 1 (40); 1996 No 42, Sch 1 [94]; 1996 No 103, Sch 1 [9] [10]; 1997 No 44, Sch 1 [7]; 1997 No 155, Schs 1 [21], 3 [15]; 1998 No 12, Sch 2 [1]; 1998 No 91, Sch 1 [21]; 2000 No 62, Sch 1 [37]; 2001 No 72, Sch 3 [9].
Part 11 Approved gaming devices
pt 11, hdg: Ins 1993 No 28, Sch 1 (12). Am 1996 No 103, Sch 1 [11].
pt 11: Ins 1993 No 28, Sch 1 (12).
Division 1 Keeping of approved gaming devices
pt 11, div 1, hdg: Ins 1993 No 28, Sch 1 (12). Am 1996 No 103, Sch 1 [12].
157   Investigation of certain devices
(1)  The holder of an amusement device dealer’s licence may apply to the Board for declaration of a device as an approved amusement device and the Board may:
(a)  investigate the application, or authorise its investigation, in order to determine whether the device is suitable for declaration, and
(b)  require the applicant to meet the cost of the investigation.
(2)  It is a condition of the licence of the applicant that the licensee is to pay to the Board, within a time allowed by the Board, such of the costs of the investigation as may be required by the Board and is to do so even if the investigation is terminated without a decision being made as to whether or not the device is to be declared to be an approved amusement device.
(3)  Costs determined by the Board for the purposes of this section are reviewable only by the Board.
(4)  This section does not:
(a)  confer a right to have a device investigated, or
(b)  prevent the Board from terminating at its discretion an investigation of a device.
s 157: Ins 1993 No 28, Sch 1 (12).
158   Declaration as approved amusement device
(1)  The Board may declare that a device referred to in the declaration is an approved amusement device for the purposes of this Act.
(2)  A declaration under this section:
(a)  may refer to a device specifically or by reference to a class or description of devices, and
(b)  may be a temporary declaration pending final determination of an application for declaration of the device as an approved amusement device.
(3)  Without affecting the discretion of the Board to make, or refuse to make, a declaration of a device as an approved amusement device, the Board may refuse to make such a declaration if the Board considers that it would relate to a device that does not meet such technical standards as the Board considers to be necessary to ensure the integrity of gaming by use of the device.
(4)  If an approved amusement device kept by a hotelier is modified in such a way that it is in the form of a different approved amusement device, it ceases to be an approved amusement device despite being in that form unless:
(a)  the material used to effect the modification was supplied by the holder of a dealer’s licence, either directly or through the holder of another gaming-related licence, and
(b)  the modification was effected in accordance with a variation under section 161 of a condition of the licence.
(5)  A minor or insignificant variation does not preclude a device from being an approved amusement device if the variation does not affect its security or integrity or the manner in which the approved amusement device from which it varies was designed and programmed to function.
(6)  The Board may revoke a declaration in force under this section if it considers that it is necessary to do so in the public interest or if it is a temporary declaration.
(7)  A revocation under this section does not take effect in relation to an approved amusement device in the possession of a hotelier or the holder of a gaming-related licence until the hotelier or licensee has been given, or served by post with, written notice of the revocation.
(8)  A device in relation to which a revocation under this section takes effect ceases to be an approved amusement device.
(9)  Neither the Board nor a member of the Board, nor any person who in good faith furnishes information to the Board for the purpose of the exercise by the Board of its functions under this section, incurs, or has ever incurred, any liability that but for this section might be claimed to arise from:
(a)  a declaration by the Board to the effect that a device is an approved amusement device, or
(b)  a revocation by the Board of such a declaration,
whether the declaration or revocation took effect before, or takes effect on or after, the commencement of this section.
s 158: Ins 1993 No 28, Sch 1 (12). Am 1998 No 12, Sch 1 [4].
159   Dealer may make representations on investigation of device or revocation of declaration
(1)  The Board may not:
(a)  terminate the investigation of an application by the holder of an amusement device dealer’s licence for declaration of a device as an approved amusement device, or
(b)  refuse such an application, or
(c)  revoke an existing declaration of a device as an approved amusement device that was made on the application of the holder of an amusement device dealer’s licence,
unless this section is complied with before it decides to do so.
(2)  The Board must serve on the relevant holder of an amusement device dealer’s licence a notice in writing that complies with subsection (3).
(3)  The notice must:
(a)  specify the reasons why the Board is considering taking such action as is specified in the notice, and
(b)  afford the licensee an opportunity to show cause within such period of at least 14 days as is specified in the notice why the Board should not take that action.
(4)  The licensee may, within the period allowed by the notice, arrange with the Board for the making of submissions to the Board as to why the proposed action should not be taken and the Board is to consider any submissions so made.
(5)  After considering any submissions made by the licensee, or if no such submissions are made, the Board may:
(a)  proceed with the proposed action, or
(b)  conditionally or unconditionally desist from taking the proposed action.
(6)  The decision of the Board takes effect when written notice of the decision is given to the licensee or on a later date specified in the notice.
s 159: Ins 1993 No 28, Sch 1 (12).
160   Lawful keeping etc of approved gaming devices
Despite anything in the Lotteries and Art Unions Act 1901, the Unlawful Gambling Act 1998 or any other Act except this Act, and despite any law, it is lawful:
(a)  to keep, use and operate an approved gaming device in a hotel, and
(b)  to pay or present prizes and bonuses won as a direct or indirect consequence of operating the device,
if the device is kept, used and operated, and the prizes and bonuses are paid or presented, as authorised by this Act and any conditions of the hotelier’s licence.
s 160: Ins 1993 No 28, Sch 1 (12). Am 1996 No 103, Sch 1 [13]; 1998 No 113, Sch 2.9 [3].
161   Authority to keep approved gaming devices
(1)  On the application of a hotelier, the Board may impose a condition of the hotelier’s licence authorising the licensee to acquire and keep in the hotel, and to permit the use and operation of, not more than 30 approved gaming devices.
(2)  A condition in force under this section may be varied or revoked by the Board as provided by section 20 (Conditions of licences) but such a variation may not authorise the keeping, use or operation of more than 30 approved gaming devices.
(3)  In the instrument by which it imposes, varies or revokes a condition, the Board is to identify the device or devices to which the condition, variation or revocation relates.
(4)  An application to the Board:
(a)  for the imposition of a condition authorising the acquisition and keeping of an approved gaming device, or
(b)  for a variation, or the revocation, of an existing condition authorising the keeping of an approved gaming device,
is to be in a form approved by the Board and is to be accompanied by such documents as comply with the requirements of the form.
(5)  If, before a decision is made on an application, there is a change in the information provided in or accompanying the application (including information provided under this subsection) the applicant must forthwith provide the Board with full particulars of the change.
Maximum penalty: 20 penalty units.
(6)  The Board may, from time to time before making a decision on an application, require the applicant to provide, or require the applicant to authorise another person to provide, the Board with such further information in relation to the application as is specified by the Board and, until the information is provided, may defer consideration of the application.
(7)  The Board:
(a)  may approve an application form that requires the information provided by completing the form to be verified by statutory declaration, and
(b)  may require information or particulars provided by an applicant to be verified by statutory declaration.
(8)  The Board may refuse to proceed with an application by a hotelier for imposition or variation of a condition under this section if the hotelier fails or refuses to provide the Board with such information as may be required by the Board as to:
(a)  the ownership of each approved gaming device to which the condition, or the varied condition, would relate, or
(b)  the financial or other arrangements in accordance with which each such device has been, or is proposed to be, acquired or modified.
(9)  A fee is payable, in an amount and in a manner determined by the regulations, whenever a condition authorising the keeping of one or more approved amusement devices is imposed or varied by any person exercising the functions of the Board in accordance with section 155B.
(10)  The Board is to exercise its functions under this section so as to ensure that the total number of approved gaming devices that may be used and operated at an establishment does not exceed 30 even if there is more than one hotel at the establishment, unless the Board is satisfied that there is good reason for treating the hotels as separate establishments.
(11)  It is a condition of a hotelier’s licence that, if more than 10 approved gaming devices are kept, used or operated at the hotel:
(a)  no more than 5 may be located in the general bar area of the hotel, and
(b)  the others (or all of them if none are located in the general bar area) are to be located in another area that conforms to the requirements of the regulations.
The regulations may make provision for or with respect to identifying the general bar areas of hotels.
(12)  In calculating the number of approved gaming devices kept by a hotelier for the purposes of this Act, any subsidiary equipment kept by the hotelier and approved by the Board for use in connection with such gaming devices is to be disregarded.
(13)  If the hotelier’s licence is held by a body corporate or a partnership, an application under this section may be lodged, and supporting information may be furnished and verified, on the hotelier’s behalf by the manager approved by the court under Division 8A of Part 3.
s 161: Ins 1993 No 28, Sch 1 (12). Am 1996 No 103, Sch 1 [14]–[16]; 1997 No 73, Sch 3 [5]; 1998 No 12, Sch 1 [5]; 1999 No 27, Sch 1 [25]; 1999 No 31, Sch 2.21 [8].
161A   Approved gaming devices not permitted in retail shopping centres
(1)  In this section:
retail shopping centre means a retail shopping centre within the meaning of the Retail Leases Act 1994, and includes:
(a)  any adjoining building, or
(b)  anything declared to be a retail shopping centre by the regulations,
but does not include anything excluded from this definition by the regulations.
(2)  An approved gaming device cannot be authorised under this Act to be kept (or used and operated) in a hotel:
(a)  that is part of a retail shopping centre or proposed retail shopping centre, or
(b)  that was part of a retail shopping centre within the previous 12 months.
(3)  If an application is granted under this Act for the removal of a hotelier’s licence to premises that are part of a retail shopping centre or proposed retail shopping centre:
(a)  any entitlement under this Act to keep approved gaming devices in the hotel ceases, and
(b)  the entitlement revives if:
(i)  the licence is removed to premises that are not within a retail shopping centre or proposed retail shopping centre, or
(ii)  the premises cease to be part of a retail shopping centre for at least 12 months.
(4)  Subsection (2) does not apply to any authority given as a result of an application that was finally determined before 12 pm on 28 March 2000 (whether or not the hotel is or becomes part of a retail shopping centre).
(5)  Subsection (2) does not apply to any authority that does not result in any increase in the total number of approved gaming devices authorised to be kept in the hotel.
(6)  An authority given after 12 pm on 28 March 2000 (whether in respect of an application pending at or made after that time) has no effect if it contravenes this section.
(7)  This section extends to a device kept in a hotel on a trial basis as provided by section 167 or by section 79A of the Registered Clubs Act 1976 (as applied by Division 2A of Part 11).
(8)  Damages or compensation are not payable by or on behalf of the Crown because of:
(a)  the enactment or operation of this section, or for the consequences of that enactment or operation, or
(b)  a representation or conduct of any kind about any limitation on the keeping of approved gaming devices in retail shopping centres.
In this subsection, the Crown means the Crown within the meaning of the Crown Proceedings Act 1988, and includes the Board or any officer, employee or agent of the Crown or the Board.
(9)  This section has effect despite anything to the contrary in this Act.
s 161A: Ins 2000 No 13, Sch 2 [1].
162   Qualifications for keeping approved amusement device
(1)  Unless satisfied as provided by subsection (2), the Board is not to:
(a)  subject a hotelier’s licence to a condition under section 161, or
(b)  vary such a condition by adding an approved amusement device to the condition, or
(c)  vary such a condition by substituting a different approved amusement device for an existing device, whether or not the difference is the result of a modification under section 158.
(2)  The Board is to be satisfied:
(a)    (Repealed)
(b)  that each such device will be acquired, or will be modified, under a written contract that includes such terms and conditions (if any) as may be prescribed, and
(c)  that subsection (3) applies in relation to each such device.
(3)  This subsection applies in relation to an approved amusement device:
(a)  if, on the passing of the property in the device after being paid for in full, it will be owned unconditionally and free from encumbrances by the hotelier or by a person named as referred to in section 163, or
(b)  if the device is to be acquired by the hotelier, or by a person named as referred to in section 163, in accordance with financial or other arrangements approved by the Board, or
(c)  if the device is to be modified for the hotelier, or for a person named as referred to in section 163, in accordance with financial or other arrangements approved by the Board.
(4)  Any change in the financial or other arrangements under which an approved amusement device is acquired or modified is void without the prior written approval of the Board.
(5)  If application is made for transfer of a hotelier’s licence that is subject to a condition under section 161, the court is not to approve the transfer unless satisfied in relation to the proposed transferee in the same way as the Board is required by subsection (2) to be satisfied in relation to a hotelier.
s 162: Ins 1993 No 28, Sch 1 (12). Am 1993 No 108, Sch 2; 1994 No 49, Sch 1 (31).
163   Sharing of receipts from approved amusement devices
(1)  It is a condition of a hotelier’s licence that the licensee is not to:
(a)  share any receipts arising from the use or operation of an approved amusement device, or
(b)  make any payment or part payment by way of commission or allowance from or on those receipts,
with or to any person other than a person named in one of the affidavits referred to in this section or, if there is more than one such affidavit, the later or latest of them.
(2)  The affidavits are:
(a)  an affidavit required by section 38 (which relates to persons interested in the business authorised by a licence), and
(b)  an affidavit required by section 41 (which relates to the transfer of a licence), and
(c)  an affidavit required by section 101 (which relates to a person becoming interested in the business authorised by the licence).
(3)  This section does not apply in respect of an approved gaming device that is part of an authorised linked gaming system within the meaning of Part 12, but only if an agreement exists between a licensee and a participating hotelier (within the meaning of that Part) in relation to the linked gaming system for the sharing of receipts.
(4)  This section does not apply in respect of an approved gaming device supplied under the authority of an investment licence in force under Part 13 (whether supplied by the holder of the licence or by joint venturers mentioned in section 220).
s 163: Ins 1993 No 28, Sch 1 (12). Am 1996 No 103, Sch 1 [17]; 1998 No 12, Sch 1 [6].
163A   Granting interests in approved amusement devices
(1)  It is a condition of a hotelier’s licence that the licensee is not to grant any interest in an approved amusement device to any other person.
(2)  This section does not apply to:
(a)  an interest in an approved amusement device that arises from an interest (such as a floating charge) granted over the whole of the licensee’s assets or over a portion of the licensee’s assets that includes, but does not specifically identify, the device, or
(b)  an interest in an approved amusement device that is granted in accordance with financial or other arrangements approved by the Board.
s 163A: Ins 1999 No 12, Sch 1 [13].
164   Statutory condition relating to approved amusement devices
(1)  Compliance with the requirements of this section is a condition of a hotelier’s licence.
(2)  The hotelier is not to permit or suffer an approved amusement device to be in the hotel if the device is capable of being operated to provide cash or credit otherwise than as a prize authorised by this Act.
(3)  An approved amusement device is not to be acquired, and is not to be kept, used or operated on any part of the hotel, except in accordance with:
(a)  the provisions of this Act, and
(b)  a condition of the licence authorising the hotelier to keep the device and permit its use and operation, and
(c)  any other conditions imposed by or under this Act.
(4)  The hotelier is not to acquire an approved amusement device from a person who is not the holder of an amusement device dealer’s licence or an amusement device seller’s licence unless it is acquired on a disposal that would not be an offence under section 187.
(5)  The hotelier is not to keep or permit the use or operation of an approved amusement device:
(a)  that is not owned by the hotelier or a person named in an affidavit referred to in section 163 or, if there is more than one such affidavit, in the later or latest of them, or
(b)  that is not being acquired by the hotelier, or by a person so named, in accordance with financial or other arrangements approved by the Board.
(6)  An approved amusement device is not to be kept in any part of the hotel other than a restricted area.
(7)  An approved amusement device is not to be used or operated at any time other than a time at which liquor may be sold or supplied in the restricted area in which the device is kept.
(8)  The hotelier is not to dispose of an approved amusement device unless:
(a)  the Board has authorised disposal of the device, and
(b)  the hotelier complies with any conditions imposed by the Board when authorising disposal of the device, and
(c)  the Board has made an appropriate variation of, or has revoked, the condition imposed under section 161 in so far as it authorised the hotelier to acquire and keep, and to permit the use and operation of, the device.
s 164: Ins 1993 No 28, Sch 1 (12).
165   Conditions relating to prizes
(1)  Compliance with the requirements of this section is a condition of a hotelier’s licence.
(2)  A prize given to a person in respect of the use or operation of an approved amusement device:
(a)  may take only such forms, and may be offered and awarded only on such terms, as are determined by or in accordance with the regulations, and
(b)  in the case of liquor, is to be of such kind (if any) as may be prescribed and is to be not less than such minimum quantity (if any) as may be prescribed and not more than such maximum quantity (if any) as may be prescribed, and
(c)  unless it consists of an opportunity to win a prize otherwise than by operating an approved amusement device, is to be of such amount or value, or is to be of not less than such minimum amount or value and not more than such maximum amount or value, as may be prescribed or as may be calculated or determined as prescribed, and
(d)  in the case of liquor, is not to be exchanged for any other valuable thing by or on behalf of the person offering the prize, or by any person otherwise associated with the person offering the prize.
(3)  The hotelier is not to offer a prize in respect of the use or operation of an approved amusement device other than a prize authorised by this section.
(4)  So much of a prize for the use or operation of an approved amusement device as consists of money or a credit stored in a card may be paid by cheque.
s 165: Ins 1993 No 28, Sch 1 (12). Am 1994 No 49, Sch 1 (32); 1998 No 12, Sch 1 [7]; 1999 No 49, Sch 2 [12].
166   Board may impose other conditions
A hotelier’s licence is subject to any condition that relates to the keeping, use or operation of an approved amusement device and is imposed by the Board:
(a)  when authorising the keeping, use and operation of the device, or
(b)  at any later time on the application of the Director, the Principal Registrar or the Commissioner of Police,
if the hotelier has first been given an opportunity to make submissions about the proposed condition.
ss 166–171: Ins 1993 No 28, Sch 1 (12).
167   Trial of device
(1)  A hotelier authorised to keep an approved amusement device may, with the approval of the Board and subject to compliance with any conditions imposed by the Board, keep in the hotel:
(a)  on a trial basis, and
(b)  for a period fixed by the Board,
a device that is in the nature of, but is not, an approved amusement device.
(2)  If a device is kept, used and operated as provided by this section, this Act (except section 162 (3) and (4) and section 164 (3) and (5)) applies to it in the same way as the Act applies to an approved amusement device.
ss 166–171: Ins 1993 No 28, Sch 1 (12).
168   Powers of entry, inspection etc—approved amusement devices
(1)  This section applies to:
(a)  licensed premises, and
(b)  premises on which the holder of a gaming-related licence or a work permit carries on business, or on which the holder of such a licence or a work permit is employed.
(2)  An authorised person may enter any part of premises to which this section applies and exercise the powers conferred by this section, but may do so only:
(a)  at a reasonable hour of the day or night, unless it is being exercised in an emergency, and
(b)  after giving reasonable notice, unless the giving of notice would defeat the purpose for which the powers are to be exercised, and
(c)  by using no more force than is reasonably necessary.
(3)  The authorised person may do any of the following:
(a)  inspect, count, check and test, and make notes relating to, approved amusement devices,
(b)  require a person having access to records relating to relevant matters to produce the records for examination,
(c)  make copies of, or take extracts from, records relating to relevant matters,
(d)  affix a temporary seal to any part of an approved amusement device,
(e)  for the purpose of further examination, take possession of, and remove, a record relating to relevant matters.
(4)  The authorised person may ask any of the following persons to answer questions relating to relevant matters:
(a)  a licensee or, if a licensee is a corporation, a director of the corporation,
(b)  an employee of a licensee,
(c)  the person who appears to be in charge of the premises entered.
(5)  The authorised person may take possession of, and remove, an approved amusement device or a part of an approved amusement device that is on the premises entered (including any money in the device or part):
(a)  for the purposes of further examination, or
(b)  if the authorised person believes on reasonable grounds that the device or part is in the possession of a person who, by being in possession of the device or part, is guilty of an offence against this Act,
but may do so only if the authorised person issues the person apparently in charge of the premises with a written receipt for the device or part and for any money in the device or part.
(6)  If damage is caused by the exercise of the powers conferred by this section, the Minister is to pay reasonable compensation for the damage unless the exercise of the powers was obstructed by the occupier of the premises.
(7)  An approved amusement device or part removed under this section, and any money in the device or part, are to be returned if the Board so directs on the application of the owner made not earlier than 14 days after its removal, unless a summons has been issued under section 170.
(8)  If a person claims on reasonable grounds that a record removed under this section is necessary for the conduct of business on the premises from which the record was removed, the record is not to be retained beyond the end of the next succeeding day unless the claimant is first provided with a copy of the record certified by an authorised person to be a true copy.
(9)  A certified copy of a record provided under this section is for all purposes of equal validity to the original.
(10)  A Licensing Magistrate or other Magistrate, or the Principal Registrar, may, on the application of an authorised person, issue a summons requiring a person:
(a)  to produce to the Licensing Court records that the person summoned has failed to produce in accordance with a requirement made under this section, or
(b)  to appear before the Licensing Court and give evidence in relation to a matter in respect of which the person has failed to answer a question in accordance with such a requirement,
and, on the return of the summons, the person summoned may be represented and be heard.
(11)  A person who, having been served with a summons under this section, fails to comply with the summons is guilty of an offence against this Act.
Maximum penalty: 50 penalty units.
(12)  A person who, not being an authorised person, breaks a temporary seal that has been affixed to an approved amusement device by an authorised person is guilty of an offence against this Act.
Maximum penalty: 100 penalty units.
(13)  In this section:
authorised person means a special inspector, the Commissioner of Police or a person prescribed as an authorised person for the purposes of this section.
relevant matter means a matter relating to:
(a)  the manufacture, supply, sale, servicing, possession, keeping or operation of an approved amusement device, or
(b)  a transaction referred to in section 183 (which relates to the provision by the holder of a gaming-related licence of financial assistance to certain persons).
ss 166–171: Ins 1993 No 28, Sch 1 (12).
169   Search warrants—approved amusement devices
(1)  A police officer may apply to an authorised justice for a search warrant if the police officer has reasonable grounds for believing that, on specified premises, this Act or a condition of a licence is being contravened in relation to an approved amusement device.
(2)  An authorised justice to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant to any police officer to enter and search the premises.
(3)  Part 3 of the Search Warrants Act 1985 applies to a search warrant issued under this section.
(4)  A police officer who enters any premises on the authority of a search warrant issued under this section may search the premises and may:
(a)  seize and carry away:
(i)  any device in the nature of an approved amusement device, or
(ii)  any part of such a device,
and any money in the device or part, or
(b)  seize and carry away any books of account and documents that may reasonably be suspected to relate to approved amusement devices or devices in the nature of approved amusement devices, or
(c)  require any person on the premises to state his or her name and address.
(5)  This section does not authorise a police officer to carry away anything for which the officer does not give a receipt.
(6)  In this section, authorised justice has the same meaning as it has in the Search Warrants Act 1985.
ss 166–171: Ins 1993 No 28, Sch 1 (12).
170   Forfeiture or return of removed or seized approved amusement device
(1)  This section applies to an approved amusement device if the device is removed under section 168 or is seized under section 169 in the execution of a search warrant.
(2)  A Licensing Magistrate or other Magistrate, the Principal Registrar, or an authorised justice under the Search Warrants Act 1985, (whether or not on application by a police officer) may issue a summons requiring:
(a)  the owner of a device to which this section applies, or
(b)  the owner or occupier of the premises from which such a device was removed or on which it was seized,
to appear before the court and show where and for what purpose the person summoned came to be in possession of the device.
(3)  On the return of the summons and whether or not there is an appearance in response to the summons, the court is to inquire into the matter and:
(a)  order the forfeiture to the use of the Crown of the approved amusement device, and of any money found in the device, if satisfied that this Act or a condition of a licence was being contravened in relation to the approved amusement device on the premises from which it was removed or on which it was seized, or
(b)  if not so satisfied, order the return to the person summoned of the device and any money found in the device.
ss 166–171: Ins 1993 No 28, Sch 1 (12).
171   Other forfeitures of approved amusement devices
(1)  If, in proceedings of any kind before it, the Licensing Court or any other Court finds that this Act or a condition of a licence has been contravened in relation to an approved amusement device, the Court may order the forfeiture to the Crown of the approved amusement device and any money found in it.
(2)  A police officer may seize and carry away anything that the police officer reasonably suspects may be liable to forfeiture under this section or which a Court has ordered to be forfeited to the Crown, including any money in an approved amusement device or other device at the time of its seizure.
ss 166–171: Ins 1993 No 28, Sch 1 (12).
Division 1A Social impact assessment of gaming devices
pt 11, div 1A: Ins 2000 No 13, Sch 2 [2].
171A   Object of Division
(1)  The provisions of this Division are a means (but not the only means) of giving effect to the primary objects of this Act referred to in section 2B (Gambling harm minimisation and responsible conduct of gambling activities are primary objects of the Act).
(2)  The provisions of this Division are in addition to the other provisions of this Act with respect to the making of applications to which this Division applies and the determination of those applications.
s 171A: Ins 2000 No 13, Sch 2 [2].
171B   Application of Division
(1)  This Division applies to the following applications under this Act:
(a)  an application under section 40 (1) (b) that is for the removal of a hotelier’s licence to a place outside the neighbourhood of the premises from which it is proposed to remove the licence (a premises-related application),
(b)  an application under section 161 that is for the keeping of approved gaming devices in a new or re-located hotel (a device-related application).
For the purposes of paragraph (b), a new or re-located hotel is a hotel that was not the subject of a hotelier’s licence before 12pm on 28 March 2000 or whose licence was removed after that date to a place outside the neighbourhood of the previous premises, but (to avoid doubt) does not include a hotel whose licence was removed after that date to a place within the neighbourhood of the previous premises.
(2)  This Division does not prevent the granting of a premises-related application (including the final grant of the application under section 60), but any such grant of the application does not authorise the keeping of approved gaming devices at the premises to which it is proposed to remove the licence until this Division has been complied with and the keeping of the devices at the premises is authorised by the Board under this Division.
(3)  Accordingly, a reference in this Division to an application that is a premises-related application is a reference to so much of the application as relates to the authority to keep approved gaming devices at those premises.
(4)  This Division extends to an application made before the commencement of this Division that has not been finally determined on that commencement.
s 171B: Ins 2000 No 13, Sch 2 [2]. Am 2000 No 62, Sch 1 [38] [39].
171C   Social impact assessment of applications to which Division applies
(1)  A social impact assessment is required to be furnished by the applicant to the Board in connection with an application to which this Division applies.
(2)  The Board may dispense with the need for a social impact assessment if satisfied that an assessment is not necessary in the particular circumstances of the case having regard to the likely minimal social impact of the total number of approved gaming devices that would be authorised to be kept in the hotel.
(3)  The Board is required to give its reasons for any decision to dispense with the need for a social impact assessment.
s 171C: Ins 2000 No 13, Sch 2 [2]. Am 2000 No 62, Sch 1 [40]–[42].
171D   Content of social impact assessment
(1)  A social impact assessment of an application to which this Division applies is required to assess the likely impact on the local community of the granting of the application.
(2)  For the purpose of any social impact assessment, the local community comprises the people in the area or group from which the persons utilising the services and facilities of the hotel are likely to be drawn.
(3)  The social impact assessment is to address social and economic impacts and set out any net social and economic benefits to the local community.
(4)  The social impact assessment is to contain details of the following:
(a)  the number of approved gaming devices already kept in the hotel and the number kept in other hotels having the same or a similar local community (and by any registered clubs in the neighbourhood),
(b)  past increases in the number of approved gaming devices so kept,
(c)  the public demand for gambling within the local community,
(d)  the incidence of problem gambling within the local community,
(e)  the availability of problem gambling services in the local community,
(f)  the action proposed to be taken by the hotelier to minimise any harm associated with an increase in the number of approved gaming devices available within the local community (including the action proposed to be taken to protect children),
(g)  any likely change in the demands on public transport, any likely employment consequences for other businesses in the local community and any likely change in the demands on welfare, health and housing services in the local community,
(h)  the result of consultation about the application with the local community, the local council in whose area the hotel premises are or are to be situated, the Department of Community Services, the Department of Health, organisations concerned with the social consequences of gambling and other appropriate bodies,
(i)  any other relevant matter.
(5)  The regulations may make further provision for or with respect to the furnishing or content of social impact assessments under this Division.
s 171D: Ins 2000 No 13, Sch 2 [2].
171E   Consultation on application and social impact assessment
(1)  After the applicant has furnished the Board with a social impact assessment in connection with an application to which this Division applies, the applicant must:
(a)  place a copy of the application and the social impact assessment on public exhibition at the premises to which the application relates, and
(b)  publish an advertisement about the application in a local newspaper circulating in the area in which those premises are situated, and
(c)  provide a copy of the application and social impact assessment to the Director of Liquor and Gaming and the local council at or before the time the advertisement is published.
(2)  The advertisement must:
(a)  be in the form approved by the Board, and
(b)  state that a copy of the application and social impact assessment will be available for public inspection at the premises specified in the advertisement, and
(c)  invite any written submissions on the matter to be made to the Board within 30 days after the publication of the advertisement.
(3)  The application cannot be determined by the Board until after the expiration of that 30-day period.
(4)  If the premises to which the application relates are not yet erected or are not occupied by the applicant, subsection (1) (a) is complied with if the application is dealt with in accordance with the regulations.
s 171E: Ins 2000 No 13, Sch 2 [2]. Am 2000 No 62, Sch 1 [42]–[44]; 2000 No 93, Sch 1.10 [4].
171F   Consideration of social impact assessment and submissions
(1)  The Board is required to take into account any social impact assessment furnished by the applicant in connection with an application to which this Division applies and any written submissions made on the matter within the 30-day period referred to in section 171E.
(2)  Accordingly, the Board may:
(a)  in the case of a premises-related application—impose a condition on the hotelier’s licence permitting or prohibiting the keeping of all or any of the approved gaming devices on the premises to which it is proposed to move the licence or permitting the keeping of the devices on those premises for a temporary period or subject to other conditions, or
(b)  in the case of a device-related application—grant or reject the application (in whole or in part), grant the application for a temporary period or impose conditions on the grant of the application.
(3)  The power conferred by subsection (2) applies whether or not the provisions of this Act dealing with the determination of those applications confer that power.
s 171F: Ins 2000 No 13, Sch 2 [2]. Am 2000 No 62, Sch 1 [42].
Division 2 Gaming-related licences
pt 11, div 2: Ins 1993 No 28, Sch 1 (12).
172   Amusement device dealer’s licence
(1)  The court may grant an amusement device dealer’s licence in a form approved by the Board.
(2)  An amusement device dealer’s licence authorises the licensee, subject to this Act and any conditions to which the licence is subject:
(a)  to manufacture and assemble approved amusement devices in the place or places specified in the licence, and
(b)  to sell, or negotiate the sale of, approved amusement devices, whether or not manufactured or assembled by the licensee, and
(c)  to service, repair and maintain approved amusement devices.
(3)  If a corporation is the holder of an amusement device dealer’s licence, the authority conferred by this section on the corporation extends to a director or secretary of the corporation.
(4)  The Board may impose a condition of an amusement device dealer’s licence prohibiting or regulating in a specified place an activity that is, or is proposed to be, carried on by the licensee in that place in addition to the activities already authorised by the licence.
(5)  Before deciding whether or not to impose a condition of a licence under this section, the Board is to give the licensee an opportunity to make submissions about the proposed condition.
(6)  The court may, on the application of the holder of an amusement device dealer’s licence, vary by endorsement on the licence the place or places referred to in subsection (2) (a).
ss 172–174: Ins 1993 No 28, Sch 1 (12).
173   Board may require dealer to alter certain approved amusement devices
(1)  The Board may require the holder of an amusement device dealer’s licence to arrange, at the expense of the dealer and within a specified time (or within such further time as the Board may allow), for a specified alteration to be made to an approved amusement device that is to be, or has been, supplied by the licensee to a hotelier after the commencement of this section.
(2)  It is a condition of an amusement device dealer’s licence that the licensee is to comply with any requirement made of the licensee under this section.
(3)  It is a condition of a hotelier’s licence that the licensee is to allow the holder of an amusement device dealer’s licence or an amusement device technician’s licence such access to an approved amusement device in the hotel as may be required to enable the holder of the dealer’s licence to comply with a requirement of the Board under this section.
ss 172–174: Ins 1993 No 28, Sch 1 (12).
174   Amusement device seller’s licence
(1)  The court may grant an amusement device seller’s licence in a form approved by the Board.
(2)  An amusement device seller’s licence authorises the licensee, subject to this Act and any conditions to which the licence is subject:
(a)  as principal or agent, to sell approved amusement devices, and
(b)  as an employee of a holder of an amusement device dealer’s licence or an amusement device seller’s licence, to negotiate on behalf of the employer the sale of approved amusement devices.
(3)  If a corporation is the holder of an amusement device seller’s licence, the authority conferred by this section on the corporation extends to a director or secretary of the corporation.
ss 172–174: Ins 1993 No 28, Sch 1 (12).
175   Amusement device technician’s licence
(1)  The court may grant an amusement device technician’s licence in a form approved by the Board.
(2)  An amusement device technician’s licence authorises the licensee, subject to this Act and any conditions to which the licence is subject:
(a)  to service, repair and maintain approved amusement devices, and
(b)  as an employee of a holder of a testing facility licence (within the meaning of the Registered Clubs Act 1976), to carry out the functions, as authorised under that Act, of that licence-holder.
s 175: Ins 1993 No 28, Sch 1 (12). Am 2000 No 62, Sch 1 [45].
176   Expenses of investigation of application
(1)  The court may, on the application of the Director or the Commissioner of Police, order an applicant for a gaming-related licence to pay to the Board within a stated time the amount required by this section.
(2)  The amount required is a specified amount towards defraying the cost of anticipated expenditure outside the State, and anticipated travelling expenses (whether within or outside the State), involved in investigating the application for the licence.
(3)  If an applicant for a gaming-related licence is required to make a payment under this section and fails to make the payment:
(a)  the Director may refuse to proceed with investigation of the application, and
(b)  the court may refuse to hear the application and may dismiss it.
ss 176–178: Ins 1993 No 28, Sch 1 (12).
177   Gaming-related licences generally
(1)  Except in so far as the court otherwise directs either generally or in a particular case, the jurisdiction of the court to grant a gaming-related licence may be exercised by the Principal Registrar if the application for the licence has been investigated under Division 4A of Part 3 and there has been no objection to the grant of the licence.
(2)  Sections 44–46 (which relate to objections) and section 176 do not apply in relation to an application for a gaming-related licence made by a person who holds another gaming-related licence under this Act or a gaming-related licence under the Registered Clubs Act 1976.
ss 176–178: Ins 1993 No 28, Sch 1 (12).
178   Work permits
(1)  The Principal Registrar may, pending a decision on an application for an amusement device seller’s licence or an amusement device technician’s licence, issue to the applicant a work permit in a form approved by the Board.
(2)  A work permit is subject to any conditions or restrictions of which the holder of the permit is notified by the Principal Registrar when issuing the permit.
(3)  A work permit may be cancelled by the Principal Registrar at any time and, unless sooner surrendered or cancelled, ceases to have effect on approval or refusal of the application made by the holder of the work permit for a gaming-related licence.
(4)  Subject to any condition or restriction imposed under this section, this Act applies to the holder of a work permit in the same way as it applies to the holder of a gaming-related licence of the same kind as that applied for by the holder of the work permit.
ss 176–178: Ins 1993 No 28, Sch 1 (12).
179   Periodic returns by gaming-related licensees
(1)  Within the period of 1 month after the expiration of each licensing period for a gaming-related licence, the licensee is to lodge with the Director a return that:
(a)  is in a form approved by the Director, and
(b)  is accompanied by such documents as may be prescribed, and
(c)  is signed by the licensee or, if the licensee is a corporation, by at least 2 directors of the corporation.
(2)  The form of return approved by the Director may be in the form of a statutory declaration.
(3)  Compliance with this section is a condition of a gaming-related licence.
s 179: Ins 1993 No 28, Sch 1 (12). Am 1994 No 49, Sch 1 (33).
180   Periodic licence fee
(1)  A fee is payable to the Board for a gaming-related licence, and for a work permit, while the licence or permit is in force or under suspension and is so payable in respect of each period prescribed for the purposes of this section.
(2)  Regulations may be made prescribing the fees payable under this section and for or with respect to:
(a)  times for payment of the fees, and
(b)  payment of the fees by instalments, and
(c)  penalties for late payment of the fees or instalments, and
(d)  suspension or cancellation of a gaming-related licence or work permit after a failure to pay such a fee, or an instalment of such a fee, relating to the licence or permit, and
(e)  the circumstances in which such a fee, or a proportion of such a fee, may be refunded.
s 180: Ins 1993 No 28, Sch 1 (12).
181   Change in state of affairs of gaming-related licensee
If a prescribed change takes place in the state of affairs of the holder of a gaming-related licence, the licensee is guilty of an offence against this Act if the Director is not notified in writing of the prescribed particulars of the change within the period of 14 days that next succeeds the change.
Maximum penalty: 20 penalty units.
s 181: Ins 1993 No 28, Sch 1 (12).
182   Gaming-related licensees to display identification
(1)  A holder of a dealer’s licence or a technician’s licence is guilty of an offence if, at any time while servicing, repairing or maintaining an approved amusement device in a hotel, he or she is not wearing on his or her person a clearly visible form of identification approved by the Board.
Maximum penalty: 20 penalty units.
(1A)  If the holder of a dealer’s licence is a corporation, a reference in this section to the holder of the licence includes a reference to a person acting under the authority of the licence.
(2)  The Board may exempt a person or the members of a class of persons from the operation of this section.
s 182: Ins 1993 No 28, Sch 1 (12). Am 1996 No 41, Sch 1 [46].
Division 2A Poker machines
pt 11, div 2A: Ins 1996 No 103, Sch 1 [18].
182A   Poker machines
(1)  Subject to this Act, the provisions of the Registered Clubs Act 1976 relating to poker machines apply to and in respect of hotels in the same way as they apply to and in respect of registered clubs, with:
(a)  subject to paragraph (b), such adaptions as may be necessary, and
(b)  such exclusions and modifications as may be prescribed by the regulations.
(2)  Subsection (1) does not apply to Division 2 of Part 10 of the Registered Clubs Act 1976 or to any provision of that Act that provides for the transitional application of, or any saving in relation to, any of the provisions of that Division. This subsection does not limit subsection (1) (b).
s 182A: Ins 1996 No 103, Sch 1 [18]. Am 1998 No 12, Sch 1 [8].
182B   Hoteliers’ licences
(1)  A hotelier’s licence may deal with any matters relating to poker machines with which a certificate of registration under the Registered Clubs Act 1976 may deal.
(2)  Without limiting subsection (1), any conditions relating to poker machines that could be imposed (and otherwise dealt with) in relation to registered clubs under the Registered Clubs Act 1976 can be imposed (or otherwise dealt with) in relation to hotels under this Act.
s 182B: Ins 1996 No 103, Sch 1 [18].
182C   Limitation on number of poker machines in hotels
(1)  It is a condition of a hotelier’s licence that not more than 15 poker machines may be kept, used and operated on the premises to which a hotelier’s licence relates, unless the licensee holds a permit issued by the Minister for each poker machine in excess of that number that is kept, used and operated on those premises.
(2)  A permit referred to in subsection (1):
(a)  may be acquired by a licensee in accordance with arrangements approved by the Treasurer from time to time, or
(b)  in the case of a permit that has been issued in accordance with arrangements referred to in paragraph (a)—may be acquired by a licensee, in accordance with arrangements approved by the Treasurer, from another licensee who is in possession of it.
(3)  Arrangements referred to in subsection (2) (a) may include provision for determining an amount that is payable by a licensee as consideration for the issue to the licensee of a permit under this section.
(4)  Nothing in this section affects the overall limit, imposed by section 161, of 30 approved gaming devices per hotelier’s licence.
s 182C: Ins 1996 No 103, Sch 1 [18]. Subst 1998 No 12, Sch 1 [9].
Division 2B Freeze on number of approved gaming devices in hotels
pt 11, div 2B (ss 182D–182F): Ins 2001 No 48, Sch 1.
182D   Definitions
(1)  In this Division:
application for additional gaming devices means an application by a hotelier to the court or the Board to impose, vary or revoke a condition of the hotelier’s licence so as to authorise the acquisition, keeping, or the use or operation of more approved gaming devices than were lawfully acquired, kept in the hotel and used or operated in the hotel immediately before the period of the freeze.
period of the freeze means the period:
(a)  commencing on 19 April 2001 (being the date on which clause 46AA of the Liquor Regulation 1996 took effect), and
(b)  ending on the date appointed by proclamation.
(2)  The date appointed for the end of the period of the freeze may be altered by a further proclamation or proclamations published before the date so appointed.
pt 11, div 2B (ss 182D–182F): Ins 2001 No 48, Sch 1.
182E   Number of approved gaming devices in hotels not to be increased during the period of the freeze
(1)  It is a condition of a hotelier’s licence that the hotelier cannot acquire, keep in the hotel, or permit the use or operation in the hotel of, any approved gaming device so as to exceed the maximum number of approved gaming devices that were lawfully acquired, kept in the hotel and used or operated in the hotel immediately before the period of the freeze.
(2)  A hotelier cannot, during the period of the freeze, make an application for additional gaming devices.
(3)  The court or the Board cannot, during the period of the freeze, determine an application for additional gaming devices.
(4)  This section is subject to the other provisions of this Division.
pt 11, div 2B (ss 182D–182F): Ins 2001 No 48, Sch 1.
182F   Miscellaneous provisions
(1)  This Division does not prevent the acquisition, keeping, use or operation of:
(a)  an approved gaming device in accordance with:
(i)  a condition imposed before the period of the freeze under section 171F (2) (a), or
(ii)  an application granted before the period of the freeze under section 171F (2) (b), or
(b)  a poker machine in accordance with a permit issued before the period of the freeze by the Minister under section 182C.
(2)  This Division applies to approved gaming devices even if they are part of an authorised linked gaming system under Part 12.
(3)  Damages or compensation are not payable by or on behalf of the Crown:
(a)  because of the enactment or operation of this Division or the operation of clause 46AA of the Liquor Regulation 1996, or
(b)  for the consequences of that enactment or any such operation, or
(c)  because of a representation or conduct of any kind about any limitation on the keeping of approved gaming devices by hoteliers.
(4)  In subsection (3), the Crown means the Crown within the meaning of the Crown Proceedings Act 1988, and includes the Board or any officer, employee or agent of the Crown or the Board.
pt 11, div 2B (ss 182D–182F): Ins 2001 No 48, Sch 1.
Division 3 Offences relating to approved amusement devices
pt 11, div 3: Ins 1993 No 28, Sch 1 (12).
183   Financial assistance in relation to approved amusement devices
(1)  A holder of a gaming-related licence who enters into a transaction under which the licensee:
(a)  provides financial assistance to a hotelier or a person named in an affidavit referred to in section 163 (Sharing of receipts from approved amusement device), or
(b)  guarantees the observance by a hotelier or a person so named of a term or condition on which financial assistance is provided to the hotelier or person so named by a person other than the holder of the gaming-related licence, or
(c)  indemnifies any person against loss sustained in relation to financial assistance provided to the hotelier or person so named,
is guilty of an offence against this Act unless the transaction received the prior written approval of the Board.
Maximum penalty: 20 penalty units.
(2)  A holder of a gaming-related licence who agrees to a variation of a term or condition of a transaction referred to in subsection (1) is guilty of an offence against this Act unless the variation received the prior written approval of the Board.
Maximum penalty: 20 penalty units.
(3)  The holder of a gaming-related licence is guilty of an offence against this Act if:
(a)  financial arrangements made by the licensee have been approved by the Board, and
(b)  there is a change in those arrangements that has not been approved by the Board, and
(c)  the Board is not notified of the change immediately after it comes to the notice of the licensee.
Maximum penalty: 20 penalty units.
ss 183–191: Ins 1993 No 28, Sch 1 (12).
184   Possession of approved amusement devices
(1)  A person knowingly in possession of an approved amusement device is guilty of an offence against this Act unless the person:
(a)  is the holder of a gaming-related licence, or
(b)  is the holder of a hotelier’s licence which is subject to a condition authorising the licensee to keep in the hotel, and permit the use and operation of, the approved amusement device, or
(c)  has possession of the device in the ordinary course of a business involving the transportation or storage of goods, or
(d)  is an authorised person exercising functions under section 168 (which confers certain powers of entry and inspection and related functions), or
(e)  is in lawful possession of the device as a consequence of its seizure under the authority of a search warrant.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
(2)  This section does not apply to the possession of an approved amusement device by a person whose hotelier’s licence is under suspension or has been cancelled if the possession has not extended beyond a reasonable time after the suspension or cancellation.
(3)  This section does not apply to a person in possession of an approved amusement device if the possession resulted from the exercise of a power conferred on the person by a mortgage and has not extended beyond a reasonable time after the exercise of the power.
(4)  This section does not apply to a person in possession of an approved amusement device if the person:
(a)  obtained possession of the device by exercising a power or proprietary right under financial or other arrangements approved by the Board before or after the commencement of this section, and
(b)  has not retained possession beyond a reasonable time after the exercise of the power.
ss 183–191: Ins 1993 No 28, Sch 1 (12).
185   Manufacture etc of approved amusement devices
(1)  A person who manufactures or assembles an approved amusement device is guilty of an offence against this Act unless the person:
(a)  holds an amusement device dealer’s licence, or
(b)  is a director or secretary of a corporation that holds an amusement device dealer’s licence, or
(c)  is an employee of the holder of an amusement device dealer’s licence and is doing work as such an employee.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
(2)  A holder of an amusement device dealer’s licence who manufactures or assembles an approved amusement device otherwise than in accordance with the authority conferred on the holder by the licence is guilty of an offence against this Act.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
(3)  Subsection (2) does not apply to the manufacture or assembly of an approved amusement device by the holder of an amusement device dealer’s licence if:
(a)  the Board has agreed to the making of an application by the licensee to have the device declared as an approved amusement device, and
(b)  the manufacture or assembly of the device is for the purposes of the application and its investigation.
ss 183–191: Ins 1993 No 28, Sch 1 (12).
186   Compliance plate for approved amusement device
(1)  A holder of an amusement device dealer’s licence is guilty of an offence against this Act if an approved amusement device leaves the licensee’s premises without a compliance plate that complies with this section and is securely attached to the device in a manner approved by the Board.
Maximum penalty: 100 penalty units.
(2)  It is a defence to a prosecution for an offence under this section if it is proved that the defendant had taken all reasonable precautions aimed at ensuring attachment of a compliance plate and, at the time of the offence, did not know, and had no reason to suspect, that a compliance plate was not securely attached to the device in the manner approved by the Board.
(3)  Exemption from the operation of this section may be granted by the Board in a particular case or a particular class of cases.
(4)  In this section:
compliance plate, in relation to an approved amusement device, means a plate that:
(a)  is made of a substance approved by the Board, and
(b)  is of dimensions not less than dimensions approved by the Board, and
(c)  may readily be seen and inspected, and
(d)  shows the name of the dealer, the dealer’s licence number, the serial number of the device and the month and year of the manufacture and assembly of the device, and
(e)  has those particulars incorporated in a manner approved by the Board and in symbols that are at least of a minimum size approved by the Board.
ss 183–191: Ins 1993 No 28, Sch 1 (12).
187   Supply, sale and purchase of approved amusement devices
(1)  A person who offers to supply, or supplies, an approved amusement device otherwise than by way of sale is guilty of an offence against this Act unless the offer or supply has the approval of the Board and any conditions imposed by the Board when giving the approval are complied with.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
(2)  A person who offers to purchase, or purchases, an approved amusement device is guilty of an offence against this Act unless the offer is made to, or the device is purchased from, a person who is authorised by a licence, or by or under this Act, to sell the device.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
(3)  A person who supplies an approved amusement device to a hotelier is guilty of an offence against this Act unless the keeping of the device by the hotelier would be lawful.
Maximum penalty: 50 penalty units.
(4)  A person who sells an approved amusement device is guilty of an offence against this Act unless:
(a)  the person is the holder of a current amusement device dealer’s licence or a current amusement device seller’s licence, or
(b)  the person is a director or secretary of a corporation that is the holder of such a licence, or
(c)  subsection (5) or (6) applies.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
(5)  It is a defence to a prosecution for an offence under subsection (4) if it is proved that the defendant, without being the holder of an amusement device seller’s licence, exercised a function of the holder of such a licence but did so only:
(a)  for the purpose of receiving training or instruction in the exercise of the function, and
(b)  under the supervision of the holder of such a licence.
(6)  It is a defence to a prosecution for an offence under subsection (4) if it is proved that the sale is to a purchaser at a price, and on terms and conditions, approved by the Board and is:
(a)  a sale by a mortgagee of the approved amusement device in the exercise of a power conferred by the mortgage, or
(b)  a sale by a person (other than a mortgagee) who obtained possession of the approved amusement device by exercising a power or proprietary right under financial and other arrangements approved by the Board under section 162.
(7)  A holder of an amusement device dealer’s licence or an amusement device seller’s licence who sells an approved amusement device otherwise than as authorised by the licence is guilty of an offence against this Act.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
(8)  The holder of an amusement device dealer’s licence is guilty of an offence against this Act if the prescribed notification is not given to the Principal Registrar within 7 days after the commencement, and within 7 days after any cessation, of employment by the licensee of a person who is, or was during the employment, the holder of an amusement device seller’s licence.
Maximum penalty: 20 penalty units.
(9)  A person who supplies, or offers to supply, an approved amusement device is guilty of an offence if possession of the device by the person to whom the device is supplied or offered is or would be unlawful.
Maximum penalty: 100 penalty units.
(10)  This section does not apply to prohibit the sale or supply of an approved amusement device:
(a)  by the holder of a hotelier’s licence in accordance with section 164 (8), or
(b)  by a person whose hotelier’s licence is under suspension or has been cancelled, if the sale or supply is effected in accordance with arrangements approved by the Board, or
(c)  by the transferor of a hotelier’s licence to the transferee or to a person who will be directly or indirectly interested in the business, or the profits of the business, after the transfer.
ss 183–191: Ins 1993 No 28, Sch 1 (12).
188   Keeping, acquisition and disposal of approved amusement devices
A hotelier must not:
(a)  keep an approved amusement device without complying with any conditions imposed by the Board in relation to the keeping of the device, or
(b)  acquire an approved amusement device without the authority of the Board or without complying with any conditions imposed by the Board in relation to the acquisition of the device, or
(c)  dispose of an approved amusement device without the authority of the Board or without complying with any conditions imposed by the Board in relation to the disposal of the device.
Maximum penalty: 100 penalty units.
ss 183–191: Ins 1993 No 28, Sch 1 (12).
189   Servicing and repair of approved amusement devices
(1)  A person who services or repairs an approved amusement device is guilty of an offence against this Act unless the person:
(a)  holds an amusement device dealer’s licence or an amusement device technician’s licence, or
(b)  services or repairs the device under the supervision of the holder of such a licence for the purpose of receiving training and instruction in respect of the servicing and repair of approved amusement devices.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
(2)  A holder of an amusement device dealer’s licence or an amusement device technician’s licence who services or repairs an approved amusement device otherwise than in accordance with the authority conferred by the licence is guilty of an offence against this Act.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
ss 183–191: Ins 1993 No 28, Sch 1 (12).
190   Licensee to comply with requirements of special inspector
(1)  A special inspector may require a licensee to:
(a)  withdraw from operation an approved amusement device that, in the opinion of the inspector, is not operating properly, or
(b)  refrain from making available for operation an approved amusement device withdrawn from operation under paragraph (a) until, in the opinion of the inspector or another special inspector, it is operating properly, or
(c)  refrain from making an approved amusement device available for operation except in accordance with controls specified by the inspector in relation to the device, or
(d)  deliver to the Board, in writing in the English language and within a time specified by the inspector, such particulars relating to an approved amusement device kept by the licensee as are so specified, or
(e)  refrain from making available for operation an approved amusement device indicated by the inspector until it has been fitted with a device approved by the Board for the purposes of the secure keeping and operation of the approved amusement device.
(2)  A licensee who is required by a special inspector to act under this section and fails to comply with the requirement is guilty of an offence against this Act.
Maximum penalty: 50 penalty units.
ss 183–191: Ins 1993 No 28, Sch 1 (12).
191   Defective approved amusement device
(1)  A hotelier is guilty of an offence against this Act if an approved amusement device available for use on the licensed premises fails to function in the manner in which it was designed and programmed to function.
Maximum penalty: 100 penalty units.
(2)  It is a defence to a prosecution for an offence under this section if it is proved:
(a)  that the operation of the device was for testing or maintenance purposes, or
(b)  that the hotelier:
(i)  had taken all reasonable precautions to ensure that the device was functioning properly, and
(ii)  at the time of the alleged offence did not know, and could not reasonably be expected to have known, that the device was not functioning properly.
ss 183–191: Ins 1993 No 28, Sch 1 (12).
195   Protection of sensitive areas of approved amusement devices
(1)  It is an offence against this Act for a person (other than a specially authorised person) to do any of the following:
(a)  break a seal securing a computer cabinet or gain access to anything within a computer cabinet,
(b)  affix a seal to a computer cabinet,
(c)  remove, replace or in any way affect or interfere with the operation of a computer cabinet or anything within a computer cabinet,
(d)  break a seal protecting the integrity of the game program of an approved amusement device,
(e)  remove, or interfere with, any security device on an approved amusement device,
(f)  remove, or interfere with, the housing protecting the meters of an approved amusement device,
(g)  remove, disconnect or interfere with a meter of an approved amusement device,
(h)  interfere with information received, stored or transmitted electronically by an approved amusement device,
(i)  remove, or interfere with, any mark or seal affixed to an approved amusement device to preserve the integrity of operation of the device.
Maximum penalty: 100 penalty units.
(1A)  A specially authorised person must, if the person breaks any seal in doing anything referred to in subsection (1), replace the seal.
Maximum penalty: 100 penalty units.
(2)  Except as provided by subsection (2A), a person (including a specially authorised person) who removes, alters or otherwise interferes with the compliance plate on an approved amusement device is guilty of an offence against this Act.
Maximum penalty: 100 penalty units.
(2A)  Subsection (2) does not prevent the holder of an amusement device technician’s licence from doing any of the following things in relation to the compliance plate on an approved amusement device, so long as the device is not operated at any time when the compliance plate is not attached to the device:
(a)  moving the compliance plate to another part of the device,
(b)  removing the compliance plate if it is damaged, and replacing it with a new compliance plate,
(c)  destroying any such damaged compliance plate,
(d)  temporarily removing the compliance plate in order to enable work to be done to the facade of the device.
(3)  A person who authorises or permits another person to act in a way that is an offence against this Act under another provision of this section is also guilty of an offence against this Act.
Maximum penalty: 100 penalty units.
(4)  In this section:
compliance plate has the same meaning as in section 186.
computer cabinet means the sealable part of an approved amusement device that contains the game program storage medium and the random access memory.
specially authorised person means a special inspector, the holder of an amusement device technician’s licence, a person exercising a function under section 168 or a person appointed by the Director as a specially authorised person for the purposes of this section.
s 195: Ins 1993 No 28, Sch 1 (12). Am 1997 No 73, Sch 3 [6]–[9].
196   Modification of approved amusement devices
(1)  A person who modifies an approved amusement device in such a way that it is in the form of a different approved amusement device is guilty of an offence against this Act unless the person holds a technician’s licence or the modification does not, as provided by section 158, preclude the device from being an approved amusement device.
Maximum penalty: 100 penalty units or imprisonment for 1 year or both.
(2)  A holder of a technician’s licence who modifies an approved amusement device in such a way that it is in the form of a different approved amusement device is guilty of an offence against this Act unless there is returned within a reasonable time to the supplier of the materials for the conversion so much of the device as ceased to form part of it after its conversion and comprised:
(a)  a meter, circuit board, read-only memory device or artwork, or
(b)  a component prescribed as a restricted component.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
s 196: Ins 1993 No 28, Sch 1 (12). Am 1994 No 42, Sch 1 (72).
197   Cheating in relation to approved amusement device
(1)  A person who:
(a)  has possession of a device made or adapted, or intended by the person to be used, for interfering with the normal operation of an approved amusement device in a hotel, or
(b)  does anything calculated, or likely, to interfere with the normal operation of an approved amusement device in a hotel, or
(c)  does anything calculated to render an approved amusement device in a hotel incapable, even temporarily, of producing a winning combination,
is guilty of an offence against this Act.
Maximum penalty: 100 penalty units.
(2)  Subsection (1) does not apply to anything done in good faith in connection with:
(a)  the installation, alteration, adjustment, maintenance or repair of an approved amusement device by the holder of an amusement device technician’s licence, or
(b)  the exercise by a person of a function conferred or imposed by this Act on a specially authorised person referred to in section 195.
(3)  A person who, with intent to dishonestly obtain money or a financial advantage for himself or herself or another person, inserts in an approved amusement device in a hotel anything other than:
(a)  a coin or token of the denomination or type displayed on the device as that to be used to operate the device, or
(b)  a banknote of a denomination approved by the Board for use in order to operate the device, or
(c)  a card of a type approved by the Board for use in order to operate the device,
is guilty of an offence against this Act.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
(3A)  A person who, in connection with an approved amusement device in a hotel:
(a)  by any fraudulent representation, or
(b)  by a fraudulent scheme or practice, or
(c)  by the fraudulent use of an approved amusement device or any other thing,
obtains for himself or herself or another person, or induces a person to deliver, give or credit to him or her or another person, any money, benefit, advantage, valuable consideration or security, is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(3B)  A person who, without lawful excuse, uses or has in his or her possession in a hotel any equipment, device or thing that permits or facilitates cheating or stealing in connection with an approved amusement device is guilty of an offence.
Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(4)  A person who knows of any faulty or fraudulent computer programming and as a result gains, or gains for another person, an advantage in the operation of an approved amusement device is guilty of an offence against this Act.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
(5)  A person who authorises or permits another person to act in a way that is an offence under another provision of this section is guilty of an offence against this Act.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
s 197: Ins 1993 No 28, Sch 1 (12). Am 1998 No 12, Sch 1 [10].
198   Illegal advantage gained during design etc of approved amusement device
(1)  A person who, during the design, manufacture, assembly, maintenance or repair of an approved amusement device, dishonestly makes provision to gain an advantage (whether or not for another person) in the operation of the device is guilty of an offence against this Act.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
(2)  A person who, as a result of gross negligence during the design, manufacture, assembly, maintenance or repair of an approved amusement device, makes provision to gain an advantage (whether or not for another person) in the operation of the device is guilty of an offence against this Act.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
(3)  A person who does anything to an approved amusement device in order to conceal anything that is an offence under another provision of this section is guilty of an offence against this Act.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
(4)  A person who authorises or permits another person to act in a way that is an offence under another provision of this section is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 1 year, or both.
s 198: Ins 1993 No 28, Sch 1 (12).
199   Consignment or movement of approved amusement devices
(1)  A holder of an amusement device dealer’s licence or an amusement device seller’s licence who consigns or moves an approved amusement device:
(a)  to or from any place at which the licensee carries on the business authorised by the licence, or
(b)  from outside the State to a place within the State,
is to give the Director a written notification stating the particulars required by this section, and is to do so not later than 3 clear days before the consignment or movement or, in a particular case or class of cases, within a time approved by the Director.
(2)  The required particulars are:
(a)  the number of devices, and
(b)  the number of each type of device, and
(c)  the manufacturer’s serial number for each of the devices, and
(d)  the origin and destination of the devices, and
(e)  the intended dates of transportation, and
(f)  the intended method of transport and the name of the carrier.
(3)  The Director may, conditionally or unconditionally, grant an exemption from the operation of this section in a particular case or a particular class of cases.
(4)  A licensee who fails to comply with a requirement of this section that is applicable to the licensee is guilty of an offence against this Act.
Maximum penalty: 50 penalty units.
s 199: Ins 1993 No 28, Sch 1 (12).
200   Approved amusement devices not used for gaming
(1)  This Part does not operate to prohibit the possession, keeping, use or operation of an approved amusement device if:
(a)  it is not operated for gaming, and
(b)  it is used only for therapeutic purposes with the prior written approval of the Board, and
(c)  any conditions imposed by the Board when giving the approval are complied with.
(2)  This Part does not operate to prohibit the possession, keeping, use or operation of an approved amusement device if:
(a)  it is not operated for gaming, and
(b)  it is used only for educational or cultural purposes or for the purpose of promoting the approved amusement device (but not for the purpose of promoting other goods or services), and
(c)  the Board has been given at least 3 days’ written notice of the kind of use intended and the Board has not, before the period of notice expires, refused to allow the use, and
(d)  any conditions imposed by the Board within that period of notice are complied with.
(3)  In a particular case or a particular class of cases, the Board may waive compliance with the requirement for giving notice under subsection (2) and may impose conditions for operation of the waiver.
s 200: Ins 1993 No 28, Sch 1 (12). Am 1996 No 41, Sch 1 [47].
Division 4 Monitoring of approved gaming devices
pt 11, div 4: Ins 1997 No 44, Sch 1 [9].
200A   Definitions
In this Division:
authorised person means a special inspector, a police officer or a person prescribed as an authorised person for the purposes of this Division.
disciplinary action means any one or more of the following actions in relation to a licence:
(a)  the cancellation or suspension of the licence,
(b)  the imposition on the licensee of a monetary penalty (not exceeding $250,000),
(c)  the alteration of the conditions of the licence by the Minister,
(d)  the service of a letter of reprimand by the Minister on the licensee.
exclusive licence period means the period that begins on the commencement of this Division and ends 15 years after a date declared by the Minister by order published in the Gazette to be the operative date for the purposes of this Division. The date declared by the Minister as the operative date must not be earlier than the commencement of this Division.
Editorial note—
Operative date: 1.12.2001. See Gazette No 184 of 30.11.2001, p 9558.
licence means a licence in force under this Division.
licensee means the holder of a licence.
s 200A: Ins 1997 No 44, Sch 1 [9].
200AA   Meaning of “connected” to an authorised CMS
(1)  For the purposes of this Act and the Registered Clubs Act 1976, an approved gaming device is connected to an authorised CMS if arrangements of a kind approved by the Minister are in place for the provision of information in respect of the approved gaming device that enables the functions of the authorised CMS to be performed in relation to the device.
(2)  The arrangements that the Minister approves for the purposes of this section can involve the provision of information by any means, such as (for example, and without limiting the generality of subsection (1)) by means of any of the following:
(a)  the direct provision of information by electronic data transfer,
(b)  the provision of information by means of the lodgment of reports or returns (whether or not electronically),
(c)  the provision of information by persons acting as information collectors and processors for hoteliers.
(2A)  Such arrangements may make provision for or with respect to the time within which, and the person to whom, information is to be furnished.
(3)  Different arrangements can be approved under this section in respect of different premises or classes of premises or different approved gaming machines or classes of approved gaming machines.
s 200AA: Ins 1997 No 151, Sch 3 [8]. Am 1999 No 27, Sch 1 [26] [27].
200B   Unlawful operation of CMS by licensee
A licensee who operates a CMS is guilty of an offence if the CMS is operated in contravention of a requirement made under this Act, the regulations or the conditions of the licence.
Maximum penalty: 100 penalty units.
s 200B: Ins 1997 No 44, Sch 1 [9].
200C   Application for licence
(1)  An application for a licence to operate a CMS may be made to the Minister by any one or more persons.
(2)  An application must:
(a)  be in the form approved by the Minister, and
(b)  be accompanied by such information as the Minister requires, and
(c)  be accompanied by the fee prescribed by the regulations.
(3)  An application for a licence may not be made by:
(a)  a person who is under 18 years of age, or is within a class of persons prescribed by the regulations as being ineligible to apply for a licence, or
(b)  a person who is disqualified from holding a gaming-related licence, or
(c)  a person who is the holder of a suspended gaming-related licence.
s 200C: Ins 1997 No 44, Sch 1 [9].
200D   Grant of licence
(1)  The Minister may, after considering an application for a licence:
(a)  grant a licence to the person making the application, or
(b)  refuse to grant a licence.
(2)  A licence is subject to such conditions as are imposed under this Act or as are determined by the Minister and specified in the licence.
(2A)  Every licence is subject to a condition that the licensee must have in place and must give effect to commercial arrangements with the racing industry in respect of the licence and the conduct of activities authorised by the licence, being arrangements that are both:
(a)  approved by the Minister, having regard to the interests of the racing industry, hotels and registered clubs, and
(b)  acknowledged by the racing industry in writing to the Minister to be to the satisfaction of the racing industry.
(2B)  For the purposes of subsection (2A), the racing industry comprises such one or more persons as the controlling bodies and major racing bodies (within the meaning of the Totalizator Act 1997) nominate in writing to the Minister for the purposes of the licence concerned. The nomination can be changed by fresh nomination in writing to the Minister, but only if the licensee consents to the fresh nomination.
(3)  A licence may be granted to one person or 2 or more persons jointly.
(4)  A licensee may not transfer a licence to another person.
(5)  A licence remains in force for the period for which it was granted, as specified by the Minister in the licence, unless sooner cancelled or surrendered.
s 200D: Ins 1997 No 44, Sch 1 [9]. Am 1997 No 151, Sch 3 [9] [10].
200E   TAB entitled to licence during exclusive licence period
(1)  TAB or a wholly owned subsidiary of TAB is entitled to a licence (the exclusive licence) during the exclusive licence period to operate a CMS.
(2)  No other person may be granted a licence to operate a CMS during the exclusive licence period.
(3)  Subsections (1) and (2) cease to apply if the exclusive licence is cancelled or surrendered in accordance with this Division or otherwise ceases to be in force.
(4)  No application under this Division is required for the purposes of the grant of a licence for which there is an entitlement under this section.
(5)  Nothing in any other Act prevents TAB from operating a CMS under the authority of a licence, or from carrying out any of its functions as a licensee.
(6)  Nothing in this section is intended to prevent TAB or any other person (assuming that they are otherwise qualified) from applying for and being granted a licence in respect of any period after the end of the exclusive licence period.
s 200E: Ins 1997 No 44, Sch 1 [9].
200EA   Trade Practices exemption
(1)  The following conduct is specifically authorised by this Act for the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales:
(a)  the grant of the exclusive licence referred to in section 200E,
(b)  conduct authorised or required by or under the terms or conditions of that licence.
(2)  Conduct authorised by this section is authorised only to the extent (if any) that it would otherwise contravene Part IV of the Trade Practices Act 1974 of the Commonwealth and the Competition Code of New South Wales.
s 200EA: Ins 1997 No 151, Sch 3 [11].
200F   Requirement for gaming devices to be connected to authorised CMS
(1)  This section applies to approved gaming devices that are of a class or classes of gaming devices identified by the Minister as being capable of connection to an authorised CMS.
(2)  It is a condition of a hotelier’s licence that each approved gaming device to which this section applies that is kept, used or operated at the hotel must be connected to an authorised CMS:
(a)  by no later than 1 January 2001, or
(b)  in the case of any particular hotel or class of hotel identified by the Minister—by no later than such date (being a date that is earlier than 1 January 2001) as the Minister may direct by notice in writing to the hotelier concerned, or
(c)  in the case of such class or classes of hotels as may be prescribed by the regulations—by no later than such date (being a date that is later than 1 January 2001) as is specified in the regulations in respect of the class of hotel concerned.
s 200F: Ins 1997 No 44, Sch 1 [9].
200G   Monitoring fee payable by hoteliers to licensee
(1)  It is a condition of a hotelier’s licence that the hotelier must pay a monitoring fee in respect of each approved gaming device that:
(a)  is kept, used or operated on the licensed premises, and
(b)  is connected to an authorised CMS.
(2)  The monitoring fee is payable by the hotelier in accordance with the regulations.
(3)  The amount of any fee payable under this section is to be determined by the Minister from time to time in consultation with the Treasurer, and in consultation with the Independent Pricing and Regulatory Tribunal pursuant to such arrangements as may be entered into under section 9 (1) (b) of the Independent Pricing and Regulatory Tribunal Act 1992.
(4)  The regulations may make provision for or in respect of the payment of any fee under this section. In particular, the regulations can provide for the manner and frequency of the payment of the fee, to whom the fee is payable and the collection and recovery of the fee. The regulations can provide for example that the fee is recoverable as a debt owed to the person to whom the fee is payable.
s 200G: Ins 1997 No 44, Sch 1 [9]. Am 1997 No 151, Sch 3 [12] [13].
200H   Consideration and fees for licences
(1)  The Minister may determine that an amount is payable as consideration for the grant of a licence. Different amounts may be determined for different licences.
(2)  The Minister may determine a periodic licence fee for a licence. Any such fee is payable in accordance with the regulations.
(3)  The Minister can accept payment of an amount of consideration payable under this section by payment in money or by the issue of shares.
(4)  A licence for which an amount of consideration has been determined to be payable under this section is not to be granted until the amount has been paid or arrangements satisfactory to the Minister have been made for its payment.
(5)  The regulations may make provision for or with respect to any fee payable under this section and in particular may provide for any of the following:
(a)  the periods in respect of which a fee is payable,
(b)  times for payments of fees,
(c)  payment by instalments,
(d)  penalties for late payment,
(e)  suspension or cancellation of a licence for failing to pay a fee,
(f)  the circumstances in which a fee (or part of a fee) may be refunded.
s 200H: Ins 1997 No 44, Sch 1 [9]. Subst 1997 No 151, Sch 3 [14].
200I   Alterations of conditions of licence
(1)  The Minister may, while a licence is in force, alter the conditions of the licence by imposing an additional condition or by amending, substituting or revoking a condition.
(2)  The Minister must not make an alteration under this section unless the Minister:
(a)  has given the licensee notice, in writing, setting out the terms of the proposed alteration and inviting the licensee to make representations to the Minister, within the period specified in the notice, concerning the proposed alteration, and
(b)  has, after the end of that period, considered any representations so made by or on behalf of the licensee.
(3)  An alteration under this section takes effect:
(a)  on the day that is 7 days after the day on which a notice advising the licensee of the alteration is given to the licensee by the Minister, or
(b)  if a later day is specified in the notice—on that day.
(4)  Subsections (2) and (3) do not apply to an alteration made at the request of a licensee. Such an alteration takes effect on the day specified in the notice advising of the alteration that is given by the Minister to the licensee.
s 200I: Ins 1997 No 44, Sch 1 [9].
200J   Disciplinary action against licensee
(1)  If a licensee:
(a)  fails to comply with any provision of this Act or the Registered Clubs Act 1976 or the regulations under either Act, or
(b)  fails to comply with a condition of the licence, or
(c)  being a natural person:
(i)  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(ii)  becomes an incapacitated person and incapable of operating a CMS in accordance with this Division, or
(iii)  is convicted of an offence involving fraud or dishonesty, or
(d)  being a corporation:
(i)  enters into or authorises a dealing with or in respect of shares of, or other instruments issued by, the corporation without the consent in writing of the Minister that, in the opinion of the Minister, affects the control of the corporation, or
(ii)  becomes an externally administered corporation within the meaning of the Corporations Act 2001 of the Commonwealth, or
(iii)  fails to terminate promptly the employment of a person concerned in the management of the licensee who is convicted of an offence involving fraud or dishonesty,
the Minister may serve on the licensee a notice in writing affording the licensee an opportunity to show cause within 14 days (or such longer period as the Minister may specify in the notice) why disciplinary action should not be taken against the licensee on the grounds specified in the notice.
(2)  The licensee may, within the period allowed by the notice, arrange with the Minister for the making of submissions to the Minister as to why disciplinary action should not be taken and the Minister is to consider any submissions so made.
(3)  The Minister may then decide that it is appropriate that certain disciplinary action be taken against the licensee and may either:
(a)  take that disciplinary action by giving written notice of the action to the licensee, or
(b)  as an alternative to taking that disciplinary action, take action under section 200K.
(4)  Disciplinary action may be taken against a person whether or not the person has been prosecuted, convicted or penalised for any contravention that is the grounds for the action.
(5)  Disciplinary action takes effect when notice of it is given or on a later date specified in the notice.
(6)  The fact that disciplinary action is taken by the Minister under this section does not prevent the Minister from taking the same or other disciplinary action under this section if the contravention continues or a fresh contravention occurs.
(7)  A monetary penalty imposed under this section may be recovered as a debt due to the Crown in a court of competent jurisdiction.
s 200J: Ins 1997 No 44, Sch 1 [9]. Am 1997 No 151, Sch 3 [15]; 2001 No 34, Sch 4.32 [2].
200K   Rectification order as alternative to disciplinary action
(1)  As an alternative to taking disciplinary action against a licensee, the Minister may direct the licensee in writing to take specified action within a specified time to rectify the matter that constitutes the basis for taking the disciplinary action concerned.
(2)  If a licensee fails to take the specified action within the specified time, the Minister may proceed to take the relevant disciplinary action by giving written notice of the action to the licensee, and the disciplinary action takes effect when the notice is given or on a later date specified in the notice.
ss 200K–200P: Ins 1997 No 44, Sch 1 [9].
200L   Temporary suspension of licence
(1)  The Minister may take action under this section, without prior notice to a licensee, in order to secure compliance by a licensee with a direction given to the licensee in accordance with the regulations.
(2)  If the Minister considers it necessary or expedient for the purposes of this section, the Minister may, by notice, suspend a licensee’s licence:
(a)  until a date specified in the notice of suspension, or
(b)  if the notice so specifies—until the Minister, being satisfied that the relevant direction has been complied with, further notifies the licensee.
ss 200K–200P: Ins 1997 No 44, Sch 1 [9].
200M   Surrender of licence
(1)  A licensee may surrender the licence by giving notice in writing to the Minister. If the licence is held by more than one person, each licensee is to surrender the licence.