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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Liquor Licensing (Entertainment) Amendment
Bill 2012
A BILL FOR
An Act to amend the Liquor
Licensing Act 1997.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Liquor Licensing
Act 1997
3Amendment of section
4—Interpretation
4Substitution of Part 6
Division 5
Division 5—Prescribed entertainment not
to be provided without consent
105Prescribed entertainment not to be provided without
consent
5Amendment of section 106—Complaint about
noise etc emanating from licensed premises
Schedule 1—Transitional
provisions
1Transitional provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Liquor Licensing (Entertainment) Amendment
Act 2012.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Liquor Licensing
Act 1997
3—Amendment
of section 4—Interpretation
Section 4, definition of entertainment—delete the
definition
4—Substitution
of Part 6 Division 5
Part 6 Division 5—delete Division 5 and
substitute:
Division 5—Prescribed entertainment not to be
provided without consent
105—Prescribed entertainment not to be provided
without consent
(1) A licensee must
not use any part of the licensed premises, or any area adjacent to the licensed
premises, for the purpose of providing prescribed entertainment without the
consent of the Commissioner.
Maximum penalty:
(a) for a first offence—$10 000;
(b) for a second or subsequent offence—$20 000.
Expiation fee: $1 200.
(2) A consent under
subsection (1)—
(a) may be conditional or unconditional; and
(b) may be varied or revoked by the Commissioner.
(3) An application for consent under this section—
(a) must be made in a manner and form determined by the Commissioner;
and
(b) must be accompanied by such information as the Commissioner may
reasonably require to determine the application; and
(c) must be accompanied by the prescribed fee.
(4) In this section—
prescribed entertainment means—
(a) adult entertainment; and
(b) a professional or public boxing or martial art event (within the
meaning of the Boxing
and Martial Arts Act 2000),
but does not include entertainment of a kind excluded by the regulations
from the ambit of this definition.
5—Amendment
of section 106—Complaint about noise etc emanating from licensed
premises
(1) Section 106—after subsection (1) insert:
(1a) However, a complaint may only be lodged under this section in
relation to entertainment (other than prescribed entertainment) provided at
licensed premises in accordance with this Act on the grounds that the noise
emanating from the licensed premises is excessive.
(2) Section 106—after subsection (9) insert:
(10) In this section—
prescribed entertainment has the same meaning as in
section 105.
Schedule 1—Transitional
provisions
(1) Subject to
subclause (2), a
consent granted under section 105 of the Liquor
Licensing Act 1997 (as in force immediately before the commencement
of
section 4 of this
Act) will be taken to be void and of no effect.
(2) A consent granted
under section 105 of the Liquor
Licensing Act 1997 (as in force immediately before the commencement
of
section 4 of this
Act) that authorises a licensee to provide prescribed entertainment (however
described) will be taken to be a consent granted by the Commissioner under
section 105 of that Act (as enacted by this Act).
(3) A consent contemplated by
subclause (2) will
be taken to be subject to any conditions to which it was subject immediately
before the commencement of
section 4 of this
Act.
(4) In this clause—
prescribed entertainment has the same meaning as in
section 105 of the
Liquor
Licensing Act 1997 (as enacted by this Act).