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TASMANIA
__________
LIQUOR LICENSING AMENDMENT (LIQUOR
AND GAMING ADMINISTRATIVE
RESTRUCTURING) BILL 2015
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - LIQUOR LICENSING ACT 1990 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 16 amended (General liquor exemptions)
6. Section 23A amended (Representations relating to liquor
licences)
7. Section 24 amended (Consideration of application for liquor
licence)
8. Section 24A amended (Requirements for licence)
9. Section 25 substituted
25. Grant of licence
10. Section 25A amended (Restriction on grant of licence in
connection with supermarket)
11. Section 29 amended (Decision of Commissioner on
consideration of application to transfer a liquor licence)
12. Section 33 amended (Consideration of application for liquor
permit)
[Bill 1]-VII
13. Section 39 amended (Liquor restriction orders)
14. Section 40 amended (Cancellation or variation of out-of-hours
permit)
15. Section 41 amended (Powers of Commissioner to suspend
licence)
16. Section 42 amended (Cancellation and suspension of licence)
17. Section 44 amended (Variation of special licences by
application)
18. Section 45 amended (Variation of special licences by
Commissioner)
19. Section 56 amended (Liquor restriction order to be displayed on
licensed premises)
20. Section 206 repealed
21. Section 211 amended (Right to appeal to Commission)
22. Section 212 amended (Procedure on appeal)
23. Section 213 amended (Hearings by Commission)
24. Section 214 amended (Decision of Commission after hearing)
25. Section 215 amended (Powers of Supreme Court)
26. Section 217 amended (Witnesses to appear at hearing, &c.)
27. Section 221 amended (Indemnity)
28. Section 226 amended (Regulations)
29. Schedule 1 substituted
SCHEDULE 1 - SAVINGS AND TRANSITIONAL
PROVISIONS
PART 3 - GAMING CONTROL ACT 1993 AMENDED
30. Principal Act
31. Section 3 amended (Interpretation)
32. Part 7: Heading amended
33. Section 123 amended (Tasmanian Liquor and Gaming
Commission)
34. Section 125 amended (Functions of Commission)
35. Section 127 amended (Power of Minister to give directions to
Commission)
2
PART 4 - REPEAL OF ACT
36. Repeal of Act
3
4
LIQUOR LICENSING AMENDMENT (LIQUOR
AND GAMING ADMINISTRATIVE
RESTRUCTURING) BILL 2015
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
25 March 2015
(Brought in by the Treasurer, the Honourable Peter Carl
Gutwein)
A BILL FOR
An Act to amend the Liquor Licensing Act 1990 and the
Gaming Control Act 1993
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Liquor Licensing
Amendment (Liquor and Gaming Administrative
Restructuring) Act 2015.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 1] 5
Liquor Licensing Amendment (Liquor and Gaming
Administrative Restructuring) Act 2015
Act No. of
s. 3 Part 2 - Liquor Licensing Act 1990 Amended
PART 2 - LIQUOR LICENSING ACT 1990 AMENDED
3. Principal Act
In this Part, the Liquor Licensing Act 1990* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of Board;
(b) by inserting the following definition after
the definition of club licence:
Commission has the same meaning as
in the Gaming Control Act 1993;
(c) by inserting "appointed under
section 207" after "Licensing" in the
definition of Commissioner;
(d) by inserting the following definition after
the definition of general liquor
exemption:
hearing means a hearing under
Division 2 of Part 5;
*No. 44 of 1990
6
Liquor Licensing Amendment (Liquor and Gaming Administrative
Restructuring) Act 2015
Act No. of
Part 2 - Liquor Licensing Act 1990 Amended s. 5
(e) by omitting "Board" from the definition
of liquor restriction order and
substituting "Commissioner".
5. Section 16 amended (General liquor exemptions)
Section 16(1) of the Principal Act is amended by
omitting "Board" twice occurring and
substituting "Commissioner".
6. Section 23A amended (Representations relating to
liquor licences)
Section 23A of the Principal Act is amended by
omitting subsection (3).
7. Section 24 amended (Consideration of application
for liquor licence)
Section 24 of the Principal Act is amended as
follows:
(a) by omitting subsection (2) and
substituting the following subsections:
(2) If the Commissioner is satisfied
that an applicant for a liquor
licence is qualified under
section 22 to hold the licence, the
Commissioner -
(a) is to consider the
application; or
7
Liquor Licensing Amendment (Liquor and Gaming
Administrative Restructuring) Act 2015
Act No. of
s. 8 Part 2 - Liquor Licensing Act 1990 Amended
(b) if of the opinion it is in
the best interests of the
community to refer the
application to the
Commission, is to, within
30 days after public notice
of the application is given
under section 23(3), refer
the application and any
representations made
under section 23A to the
Commission for a
hearing.
(2A) As soon as practicable after
referring an application to the
Commission under
subsection (2)(b), the
Commissioner is to provide the
applicant with written notice of
that referral.
(b) by omitting from subsection (4)(b)
"Board" and substituting "Commission".
8. Section 24A amended (Requirements for licence)
Section 24A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Board"
twice occurring and substituting
"Commission";
8
Liquor Licensing Amendment (Liquor and Gaming Administrative
Restructuring) Act 2015
Act No. of
Part 2 - Liquor Licensing Act 1990 Amended s. 9
(b) by omitting from subsection (2) "Board"
and substituting "Commissioner or the
Commission";
(c) by omitting from subsection (3) "Board"
and substituting "Commissioner or the
Commission".
9. Section 25 substituted
Section 25 of the Principal Act is repealed and
the following section is substituted:
25. Grant of licence
(1) If the Commissioner decides to grant a
liquor licence, or the Commission directs
the Commissioner to grant a liquor
licence under section 214(1)(a)(i), the
Commissioner must -
(a) inform the applicant accordingly;
and
(b) request the applicant to pay -
(i) any prescribed fee
payable on the grant of a
liquor licence; and
(ii) the annual liquor licence
fee payable under
section 26A.
9
Liquor Licensing Amendment (Liquor and Gaming
Administrative Restructuring) Act 2015
Act No. of
s. 10 Part 2 - Liquor Licensing Act 1990 Amended
(2) The Commissioner must not grant a
liquor licence until the fees specified in
subsection (1)(b) have been paid.
10. Section 25A amended (Restriction on grant of
licence in connection with supermarket)
Section 25A of the Principal Act is amended as
follows:
(a) by omitting "The Board must not direct
the grant of a" and substituting "A";
(b) by inserting "must not be granted" after
"licence".
11. Section 29 amended (Decision of Commissioner on
consideration of application to transfer a liquor
licence)
Section 29(2) of the Principal Act is amended by
omitting "Board" and substituting
"Commission".
12. Section 33 amended (Consideration of application
for liquor permit)
Section 33(2) of the Principal Act is amended by
omitting "Board" and substituting
"Commission".
10
Liquor Licensing Amendment (Liquor and Gaming Administrative
Restructuring) Act 2015
Act No. of
Part 2 - Liquor Licensing Act 1990 Amended s. 13
13. Section 39 amended (Liquor restriction orders)
Section 39 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Board"
first occurring and substituting
"Commissioner";
(b) by omitting from subsection (1) "Board
is satisfied after a hearing" and
substituting "Commissioner is satisfied";
(c) by omitting from subsection (4) "Board"
and substituting "Commissioner";
(d) by omitting subsection (5) and
substituting the following subsections:
(5) An order under subsection (1)
may be made as a result of -
(a) an investigation carried
out following complaints
made to the
Commissioner; or
(b) a report received from an
authorized officer.
(6) An order under subsection (1) is
to inform the licensee of the
licensee's right to appeal to the
Commission against the making
of the order.
11
Liquor Licensing Amendment (Liquor and Gaming
Administrative Restructuring) Act 2015
Act No. of
s. 14 Part 2 - Liquor Licensing Act 1990 Amended
14. Section 40 amended (Cancellation or variation of
out-of-hours permit)
Section 40(3) of the Principal Act is amended by
omitting "Board" and substituting
"Commission".
15. Section 41 amended (Powers of Commissioner to
suspend licence)
Section 41 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3) "Board"
and substituting "Commission";
(b) by omitting from subsection (6) "Board"
and substituting "Commission";
(c) by omitting from subsection (7) "Board"
and substituting "Commission".
16. Section 42 amended (Cancellation and suspension of
licence)
Section 42 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "may
apply to the Board for a hearing to cancel
or suspend a liquor licence" and
substituting "may, by written notice
served on the licensee, cancel a liquor
licence, or suspend a liquor licence for
12
Liquor Licensing Amendment (Liquor and Gaming Administrative
Restructuring) Act 2015
Act No. of
Part 2 - Liquor Licensing Act 1990 Amended s. 16
such period as the Commissioner
considers appropriate,";
(b) by inserting the following subsections
after subsection (2):
(3) If the Commissioner gives notice
under this section cancelling or
suspending a liquor licence, the
Commissioner is to, at the same
time, inform the licensee of the
licensee's right to appeal to the
Commission against the
cancellation or suspension of the
licence.
(4) The cancellation or suspension of
a liquor licence under this section
takes effect when notice of the
cancellation or suspension is
served on the licensee, or on such
later date as is specified in the
notice.
(5) The Commissioner may revoke a
suspension under this section at
any time by notice served on the
licensee.
(6) If an appeal under this section
against the cancellation or
suspension of a liquor licence is
received by the Commission it is
to, within 7 working days of
receiving notice of the appeal
13
Liquor Licensing Amendment (Liquor and Gaming
Administrative Restructuring) Act 2015
Act No. of
s. 17 Part 2 - Liquor Licensing Act 1990 Amended
under section 212(1), sit to hear
the appeal.
17. Section 44 amended (Variation of special licences by
application)
Section 44(5) of the Principal Act is amended by
omitting "Board" and substituting
"Commission".
18. Section 45 amended (Variation of special licences by
Commissioner)
Section 45 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(a) "and
obtaining the written consent of the
Board";
(b) by omitting from subsection (3) "Board"
and substituting "Commission".
19. Section 56 amended (Liquor restriction order to be
displayed on licensed premises)
Section 56 of the Principal Act is amended by
omitting "Board" and substituting
"Commissioner".
20. Section 206 repealed
Section 206 of the Principal Act is repealed.
14
Liquor Licensing Amendment (Liquor and Gaming Administrative
Restructuring) Act 2015
Act No. of
Part 2 - Liquor Licensing Act 1990 Amended s. 21
21. Section 211 amended (Right to appeal to
Commission)
Section 211 of the Principal Act is amended as
follows:
(a) by omitting "Board" and substituting
"Commission";
(b) by inserting in paragraph (a) "licence or"
after "grant a";
(c) by omitting from paragraph (g) "licence."
and substituting "licence;";
(d) by inserting the following paragraph after
paragraph (g):
(h) the making of a liquor restriction
order.
22. Section 212 amended (Procedure on appeal)
Section 212 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Board"
and substituting "Commission";
(b) by omitting from subsection (2) "Board"
and substituting "Commission".
23. Section 213 amended (Hearings by Commission)
Section 213 of the Principal Act is amended as
follows:
15
Liquor Licensing Amendment (Liquor and Gaming
Administrative Restructuring) Act 2015
Act No. of
s. 24 Part 2 - Liquor Licensing Act 1990 Amended
(a) by omitting from subsection (1) "Board"
and substituting "Commission";
(b) by inserting in subsection (1)(a) "referred
to the Commission under
section 24(2)(b)" after "application";
(c) by inserting in subsection (1)(a) "an"
after "or";
(d) by omitting from subsection (2) "Board"
and substituting "Commission";
(e) by omitting from subsection (4)
"Board's" and substituting
"Commission's";
(f) by inserting the following subsection
after subsection (4):
(4A) A hearing may, at the
Commission's discretion, be
determined solely on the basis of
written evidence.
(g) by omitting from subsection (5) "Board"
and substituting "Commission";
(h) by omitting from subsection (6) "Board"
and substituting "Commission".
24. Section 214 amended (Decision of Commission after
hearing)
Section 214 of the Principal Act is amended as
follows:
16
Liquor Licensing Amendment (Liquor and Gaming Administrative
Restructuring) Act 2015
Act No. of
Part 2 - Liquor Licensing Act 1990 Amended s. 25
(a) by omitting from subsection (1) "Board"
first occurring and substituting
"Commission";
(b) by omitting from subsection (1)(a) "an
application for a liquor licence -" and
substituting "an application referred to
the Commission under section 24(2)(b),";
(c) by omitting paragraph (b) from
subsection (1);
(d) by omitting from subsection (1)(c) "any
other" and substituting "a";
(e) by omitting from subsection (1)(c)(iii)
"Board" and substituting "Commission";
(f) by omitting from subsection (2) "Board"
and substituting "Commission".
25. Section 215 amended (Powers of Supreme Court)
Section 215 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Board"
first occurring and substituting
"Commission";
(b) by omitting from subsection (1)(b)
"Board" and substituting "Commission";
(c) by omitting from subsection (2)(b)
"Board" and substituting "Commission";
17
Liquor Licensing Amendment (Liquor and Gaming
Administrative Restructuring) Act 2015
Act No. of
s. 26 Part 2 - Liquor Licensing Act 1990 Amended
(d) by omitting from subsection (3) "Board"
and substituting "Commission";
(e) by omitting from subsection (5) "Board"
and substituting "Commission";
(f) by omitting from subsection (6) "Board"
and substituting "Commission".
26. Section 217 amended (Witnesses to appear at
hearing, &c.)
Section 217 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Board"
and substituting "Commission";
(b) by omitting from subsection (2) "Board"
and substituting "Commission".
27. Section 221 amended (Indemnity)
Section 221(a) of the Principal Act is amended
by omitting "Board" and substituting
"Commission".
28. Section 226 amended (Regulations)
Section 226(2) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (b) "Board"
and substituting "Commission";
18
Liquor Licensing Amendment (Liquor and Gaming Administrative
Restructuring) Act 2015
Act No. of
Part 2 - Liquor Licensing Act 1990 Amended s. 29
(b) by omitting from paragraph (c) "Board"
and substituting "Commission".
29. Schedule 1 substituted
Schedule 1 to the Principal Act is repealed and
the following Schedule is substituted:
SCHEDULE 1 - SAVINGS AND TRANSITIONAL
PROVISIONS
Section 224
1. Interpretation
In this Schedule -
amending Act means the Liquor
Licensing Amendment (Liquor
and Gaming Administrative
Restructuring) Act 2015;
Board means the Board within the
meaning of the former Act;
commencement day means the day on
which the amending Act
commences;
former Act means this Act as in force
immediately before the
commencement day.
19
Liquor Licensing Amendment (Liquor and Gaming
Administrative Restructuring) Act 2015
Act No. of
s. 29 Part 2 - Liquor Licensing Act 1990 Amended
2. Abolition of Board
(1) The Board is abolished on the
commencement day.
(2) The appointment of each member of the
Board is revoked.
(3) A member of the Board is not entitled to
receive any benefit in respect of the
revocation of his or her appointment as
such a member.
3. General liquor exemptions
A general liquor exemption, granted by
the Board under the former Act, that is in
force immediately before the
commencement day, is taken, on and
after that day, to be a general liquor
exemption granted by the Commissioner
under this Act.
4. Liquor restriction orders
A liquor restriction order, made by the
Board under the former Act, that is in
force immediately before the
commencement day, is taken, on and
after that day, to be a liquor restriction
order made by the Commissioner under
this Act.
20
Liquor Licensing Amendment (Liquor and Gaming Administrative
Restructuring) Act 2015
Act No. of
Part 2 - Liquor Licensing Act 1990 Amended s. 29
5. Pending applications for liquor licence
(1) An application for a liquor licence under
section 23 of the former Act that has not
been determined before the
commencement day is taken to have been
made under this Act and is to be dealt
with by the Commissioner in accordance
with this Act.
(2) If, before the commencement day, an
application for a liquor licence has been
referred to the Board for a hearing under
section 24(2) of the former Act and that
hearing has, immediately before the
commencement day, commenced but has
not been completed, that hearing is to be
terminated and the application is to be
dealt with by the Commissioner in
accordance with this Act.
6. Certain hearings of the Board
If, before the commencement day, an
application for a hearing has been made
under section 39(5) or 42(1) of the
former Act and that hearing has,
immediately before the commencement
day, commenced but has not been
concluded, the hearing is to be
discontinued and the matter is to be dealt
with by the Commissioner in accordance
with this Act.
21
Liquor Licensing Amendment (Liquor and Gaming
Administrative Restructuring) Act 2015
Act No. of
s. 29 Part 2 - Liquor Licensing Act 1990 Amended
7. Appeals against decisions of the
Commissioner to Board
If an appeal has been made to the Board
under section 211 of the former Act
before the commencement day and that
appeal has not been determined by the
Board before that day, the appeal is to be
dealt with by the Commission in
accordance with Division 2 of Part 5 of
this Act as if that appeal had been lodged
with the Commission.
8. Supreme Court hearings
If, before the commencement day, the
Board has stated a case for the opinion of
the Supreme Court under section 215 and
the Supreme Court has not, before that
day, determined the case, the Supreme
Court is to, on or after the
commencement day -
(a) hear and determine the question
of law before it as if the case
stated by the Board were a case
stated by the Commission; and
(b) remit its decision to the
Commission.
22
Liquor Licensing Amendment (Liquor and Gaming Administrative
Restructuring) Act 2015
Act No. of
Part 2 - Liquor Licensing Act 1990 Amended s. 29
9. Continuation of proceedings
Any legal or other proceedings that
might, before the commencement day,
have been continued or instituted by or
against the Board may, on and after that
day, be continued or instituted by or
against the Commission.
23
Liquor Licensing Amendment (Liquor and Gaming
Administrative Restructuring) Act 2015
Act No. of
s. 30 Part 3 - Gaming Control Act 1993 Amended
PART 3 - GAMING CONTROL ACT 1993 AMENDED
30. Principal Act
In this Part, the Gaming Control Act 1993* is
referred to as the Principal Act.
31. Section 3 amended (Interpretation)
The definition of Commission in section 3(1) of
the Principal Act is amended as follows:
(a) by inserting "Liquor and" after
"Tasmanian";
(b) by omitting "established under" and
substituting "referred to in".
32. Part 7: Heading amended
Part 7 of the Principal Act is amended by
inserting in the heading to that Part "LIQUOR
AND" after "TASMANIAN".
33. Section 123 amended (Tasmanian Liquor and
Gaming Commission)
Section 123 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
*No. 94 of 1993
24
Liquor Licensing Amendment (Liquor and Gaming Administrative
Restructuring) Act 2015
Act No. of
Part 3 - Gaming Control Act 1993 Amended s. 34
(1) The Tasmanian Gaming Commission
established under this section as in force
immediately before the commencement
of the Liquor Licensing Amendment
(Liquor and Gaming Administrative
Restructuring) Act 2015 is continued
after that commencement as the
Tasmanian Liquor and Gaming
Commission.
34. Section 125 amended (Functions of Commission)
Section 125 of the Principal Act is amended by
inserting after paragraph (ea) the following
paragraphs:
(eb) to hear liquor licence applications
referred to it by the Commissioner for
Licensing under the Liquor Licensing Act
1990;
(ec) to hear appeals against decisions of the
Commissioner for Licensing under the
Liquor Licensing Act 1990;
35. Section 127 amended (Power of Minister to give
directions to Commission)
Section 127(1) of the Principal Act is amended
by inserting "other than the Liquor Licensing Act
1990" after "other Act".
25
Liquor Licensing Amendment (Liquor and Gaming
Administrative Restructuring) Act 2015
Act No. of
s. 36 Part 4 - Repeal of Act
PART 4 - REPEAL OF ACT
36. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
26 Government Printer, Tasmania