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This is a Bill, not an Act. For current law, see the Acts databases.


LIQUOR CONTROL AMENDMENT BILL 2018

                      Western Australia


     Liquor Control Amendment Bill 2018

                          Contents

1.      Short title                                                  2
2.      Commencement                                                 2
3.      Act amended                                                  2
4.      Section 3 amended                                            2
5.      Section 4 amended                                            4
6.      Section 5 amended                                            4
7.      Section 14 amended                                           5
8.      Section 16 amended                                           5
9.      Section 18AA inserted                                        6
        18AA.    Notice of decision                            6
10.     Section 22 amended                                           7
11.     Section 25 amended                                           7
12.     Section 25A inserted                                         7
        25A.     Commission may refer application for
                 review to State Administrative Tribunal       7
13.     Section 28 amended                                           8
14.     Section 30 amended                                           9
15.     Section 34 amended                                           9
16.     Section 36 amended                                          10
17.     Section 36A amended                                         10
18.     Section 36B inserted                                        10
        36B.     Restrictions on grant or removal of certain
                 licences authorising sale of packaged
                 liquor                                        10
19.     Section 37C inserted                                        12
        37C.     Register of licensed premises                 12
20.     Section 38 amended                                          13
21.     Section 41 amended                                          14
22.     Sections 41A and 41B inserted                               14
        41A.     Effect and conditions of small bar licence    14
        41B.     Small bar licence may be granted as
                 alternative to tavern restricted licence      14
23.     Section 44 amended                                          16

                             58--3                                   page i
Liquor Control Amendment Bill 2018



Contents



      24.    Section 45 amended                                            16
      25.    Section 48 amended                                            17
      26.    Section 49 amended                                            19
      27.    Section 50A inserted                                          20
             50A.     Issue of extended trading permit under
                      s. 60(4)(ca) for certain restaurant licences
                      at time of grant                                20
      28.    Section 55 amended                                            21
      29.    Section 56 amended                                            22
      30.    Section 58 amended                                            22
      31.    Section 59A inserted                                          22
             59A.     Additional authorisations relating to supply
                      and sale of liquor on licensed premises         22
      32.    Section 60 amended                                            24
      33.    Section 61 amended                                            25
      34.    Section 61A amended                                           25
      35.    Section 64 amended                                            27
      36.    Section 65 amended                                            27
      37.    Section 67 amended                                            28
      38.    Section 68 amended                                            28
      39.    Section 69 amended                                            29
      40.    Section 70 amended                                            29
      41.    Section 72A inserted                                          30
             72A.     Submissions generally                           30
      42.    Section 73 amended                                            30
      43.    Section 74 amended                                            31
      44.    Section 75 amended                                            31
      45.    Section 77A inserted                                          31
             77A.     Restrictions on alteration or redefinition of
                      certain packaged liquor premises                31
      46.    Section 95 amended                                            33
      47.    Section 98 amended                                            34
      48.    Section 98AA inserted                                         34
             98AA.    Permitted hours under small bar licence         34
      49.    Section 98A amended                                           35
      50.    Section 98E amended                                           35
      51.    Section 98G amended                                           35
      52.    Section 100 amended                                           35
      53.    Section 109A inserted                                         36
             109A.    Offence to carry liquor in excess of
                      prescribed quantity in prescribed area of
                      State                                           36
      54.    Section 110 amended                                           37

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                                 Liquor Control Amendment Bill 2018



                                                                     Contents



55.   Section 112 amended                                              37
56.   Section 115 amended                                              37
57.   Section 115AA amended                                            39
58.   Section 115AC amended                                            39
59.   Section 115AE amended                                            39
60.   Section 120 amended                                              40
61.   Section 152B amended                                             40
62.   Section 155 amended                                              41
63.   Section 167 amended                                              41
64.   Section 170 amended                                              43
65.   Section 174A amended                                             43
66.   Section 174B inserted                                            43
      174B.    Liquor accords: authorisation for purposes
               of Competition and Consumer Act 2010
               and Competition Code                             43
67.   Section 175 amended                                              44
68.   Section 177C inserted                                            44
      177C.    Transitional provisions for Liquor Control
               Amendment Act 2018 (Sch. 1C)                     44
69.   Section 178 amended                                              44
70.   Schedule 1C inserted                                             45
      Schedule 1C -- Transitional provisions relating to
           the Liquor Control Amendment Act 2018
      1.       Application of s. 36B to existing
               applications for grant or removal of licence     45
      2.       Small bar licences                               45
      3.       Certain restaurant licences: no fee for
               application for extended trading permit
               under section 60(4)(ca)                          46
      4.       Application of s. 77A to existing
               applications for alteration or redefinition of
               licensed premises                                46




                                                                      page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)

        Liquor Control Amendment Bill 2018

                               A Bill for


An Act to amend the Liquor Control Act 1988.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Liquor Control Amendment Bill 2018



     s. 1




1    1.         Short title
2               This is the Liquor Control Amendment Act 2018.

3    2.         Commencement
4               This Act comes into operation as follows --
5                (a) sections 1 and 2 -- on the day on which this Act
6                      receives the Royal Assent;
7                (b) the rest of the Act -- on a day fixed by proclamation,
8                      and different days may be fixed for different provisions.

9    3.         Act amended
10              This Act amends the Liquor Control Act 1988.

11   4.         Section 3 amended
12        (1)   In section 3(1) delete the definitions of:
13              closing time
14              inspector
15              interest of the community
16              low alcohol liquor
17              member (each occurrence)
18              party to proceedings
19              person authorised to sell liquor
20              small bar licence
21        (2)   In section 3(1) insert in alphabetical order:
22

23                    Department means the department of the Public
24                    Service principally assisting in the administration of
25                    this Act;
26                    Department's website means a website maintained by
27                    or on behalf of the Department;


     page 2
                                        Liquor Control Amendment Bill 2018



                                                                             s. 4



1                inspector means an inspector appointed under
2                section 14(1)(a);
3                member --
4                  (a) in relation to a club -- includes a person who is
5                        a member of the club by reason of reciprocal
6                        arrangements with another club made in
7                        accordance with the rules of the club; and
8                  (b) in relation to the Commission -- means a
9                        member of the Commission and includes the
10                       chairperson;
11               party to proceedings includes --
12                 (a) an objector, unless a determination is made
13                       under section 74(4) in relation to the objection;
14                       and
15                 (b) a person who intervenes in proceedings;
16               small bar licence means a licence granted under
17               section 41A;
18

19   (3)   In section 3(1) in the definition of authorised officer delete
20         paragraph (b) and insert:
21

22                 (b)   an inspector; or
23

24   (4)   In section 3(1) in the definition of Director or Director of
25         Liquor Licensing delete "department of the Public Service
26         principally assisting in the administration of this Act;" and
27         insert:
28

29         Department;
30




                                                                       page 3
     Liquor Control Amendment Bill 2018



     s. 5



1         (5)   In section 3(1) in the definition of hotel licence delete "licence
2               or as a small bar licence;" and insert:
3

4               licence;
5

6         (6)   In section 3(1) in the definition of manager paragraph (b) delete
7               "by the licensee of the premises".
8         (7)   In section 3(1) in the definition of metropolitan area delete
9               paragraph (a) and insert:
10

11                         (a)   the region described in the Planning and
12                               Development Act 2005 Schedule 3; and
13


14   5.         Section 4 amended
15              In section 4(6) delete "licensee," and insert:
16

17              licensee of a producer's licence, a wholesaler's licence or a
18              special facility licence of a prescribed type,
19


20   6.         Section 5 amended
21              In section 5(2):
22                (a) in paragraph (e) delete "Act." and insert:
23

24                      Act; and
25




     page 4
                                              Liquor Control Amendment Bill 2018



                                                                                  s. 7



1                (b)    after paragraph (e) insert:
2

3                        (f)   to encourage responsible attitudes and practices
4                              towards the promotion, sale, supply, service
5                              and consumption of liquor that are consistent
6                              with the interests of the community.
7


8    7.         Section 14 amended
9               Delete section 14(3)(a) and insert:
10

11                      (a)    an inspector; and
12


13   8.         Section 16 amended
14        (1)   Delete section 16(8) and insert:
15

16              (8)    The hearing of a proceeding before the Commission
17                     must be in public unless the Commission considers
18                     that, in the circumstances of the case, the hearing
19                     should be in private.
20

21        (2)   In section 16(9) delete "Commission is in private, the
22              Commission," and insert:
23

24              licensing authority, however constituted, is in private, the
25              licensing authority,
26




                                                                               page 5
     Liquor Control Amendment Bill 2018



     s. 9



1         (3)    Delete section 16(11) and insert:
2

3               (11)   Subject to subsections (8) and (9) and section 30, the
4                      licensing authority must ensure that each party to
5                      proceedings is given a reasonable opportunity to --
6                        (a) present its case to the licensing authority; and
7                        (b) inspect any documents --
8                                 (i) to which the licensing authority
9                                     proposes to have regard in making a
10                                    determination in the proceedings; and
11                               (ii) that are relevant to the party's case;
12                             and
13                       (c) make submissions in relation to any documents
14                             inspected under paragraph (b).
15


16   9.          Section 18AA inserted
17               After section 18 insert:
18


19          18AA. Notice of decision
20               (1)   If the licensing authority, when constituted by the
21                     Director, makes a decision in relation to an application,
22                     the licensing authority must give to each party to
23                     proceedings written notice of --
24                       (a) the decision; and
25                       (b) the right of review under section 25.
26               (2)   The notice may, but need not, include the reasons for
27                     the decision.
28               (3)   If the notice does not include the reasons for the
29                     decision, a party to proceedings may, within 28 days
30                     after receiving the notice or any longer period that may


     page 6
                                               Liquor Control Amendment Bill 2018



                                                                                 s. 10



1                      be allowed by the Director, request the licensing
2                      authority to provide the party with the reasons for the
3                      decision.
4                (4)   If a party to proceedings makes a request under
5                      subsection (3), the licensing authority must provide the
6                      party to proceedings with written reasons for the
7                      decision.
8


9    10.         Section 22 amended
10               In section 22 delete "Commission," and insert:
11

12               Commission constituted by the chairperson and 2 other
13               members,
14


15   11.         Section 25 amended
16         (1)   In section 25(2) delete "notice of " and insert:
17

18               written reasons for
19

20         (2)   Delete section 25(6)(a).

21   12.         Section 25A inserted
22               After section 25 insert:
23


24           25A.      Commission may refer application for review to
25                     State Administrative Tribunal
26               (1)   If an application is made to the Commission under
27                     section 25(1) for a review of a decision, the
28                     Commission may, instead of conducting the review,



                                                                            page 7
     Liquor Control Amendment Bill 2018



     s. 13



1                   refer the application to the State Administrative
2                   Tribunal (the Tribunal) for a review of the decision.
3             (2)   An application cannot be referred under subsection (1)
4                   unless the President of the Tribunal agrees to the
5                   referral.
6             (3)   If an application is referred under subsection (1), the
7                   person who made the application is to be regarded as
8                   the applicant for the purposes of the exercise of the
9                   Tribunal's review jurisdiction under the State
10                  Administrative Tribunal Act 2004.
11            (4)   When conducting a review under this section, the
12                  Tribunal may have regard only to the material that was
13                  before the Director when making the decision.
14            (5)   When conducting a review under this section involving
15                  a question of law or giving directions as to any
16                  question of law reviewed, the Tribunal is to be
17                  constituted by, or is to include, a lawyer.
18            (6)   Section 25(3) applies to a review under this section as
19                  if it were a review under section 25.
20            (7)   On a review under this section, the Tribunal has the
21                  powers conferred on the Commission under
22                  section 25(4).
23


24   13.      Section 28 amended
25            Delete section 28(1)(a) and insert:
26

27                    (a)   is a party to proceedings before the
28                          Commission; and
29




     page 8
                                               Liquor Control Amendment Bill 2018



                                                                                 s. 14



1    14.         Section 30 amended
2                Delete section 30(4)(a) and insert:
3

4                        (a)   the Director is not required to serve a copy of
5                              the notice under section 73(4A); and
6


7    15.         Section 34 amended
8          (1)   In section 34(2):
9                  (a) in paragraph (a) delete "subject to subsection (3),";
10                 (b) delete paragraph (a)(i).
11         (2)   Delete section 34(3) and insert:
12

13               (3)   Subsection (4) applies to any application made to the
14                     licensing authority for --
15                       (a)   the grant or removal of a licence; or
16                      (b)    approval to the transfer of a licence; or
17                       (c)   approval of a person --
18                               (i)   as a trustee; or
19                              (ii)   as the occupant of a position of
20                                     authority in a body corporate that holds
21                                     a licence.
22               (4)   The licensing authority must not hear or determine any
23                     application to which this subsection applies if that
24                     application is made by a person who is, according the
25                     Interpretation Act 1984 section 13D, a bankrupt or a
26                     person whose affairs are under insolvency laws.
27




                                                                            page 9
     Liquor Control Amendment Bill 2018



     s. 16



1    16.       Section 36 amended
2              Delete section 36(3) and insert:
3

4              (3)   In addition to a licence granted in respect of any
5                    premises, or a part of any premises, either or both of
6                    the following licences may also be granted in respect of
7                    those premises or a part of those premises --
8                      (a) an occasional licence;
9                      (b) a licence conditionally granted under
10                           section 62.
11


12   17.       Section 36A amended
13             In section 36A(2) delete "shall not approve" and insert:
14

15             must not grant an application for
16


17   18.       Section 36B inserted
18             After section 36A insert:
19


20           36B.    Restrictions on grant or removal of certain licences
21                   authorising sale of packaged liquor
22             (1)   In this section --
23                   local packaged liquor requirements, in relation to an
24                   application to which this section applies, means the
25                   requirements of consumers for packaged liquor in the
26                   locality in which the proposed licensed premises are, or
27                   are to be, situated;
28                   packaged liquor premises means premises to which a
29                   licence referred to in subsection (2) relates;



     page 10
                                  Liquor Control Amendment Bill 2018



                                                                     s. 18



1          prescribed area means the area prescribed for the
2          purposes of this section;
3          prescribed distance means the distance prescribed for
4          the purposes of this section;
5          proposed licensed premises, in relation to an
6          application to which this section applies, means --
7            (a) if the application is for the grant of a licence --
8                   the premises to which the application relates; or
9            (b) if the application is for the removal of a
10                  licence -- the premises to which the licence is
11                  sought to be removed;
12         retail section --
13           (a) in relation to packaged liquor premises --
14                  means the part or parts of the premises on
15                  which packaged liquor is displayed for the
16                  purposes of sale or sold; and
17           (b) in relation to proposed licensed premises --
18                  means the part or parts of the premises on
19                  which packaged liquor is to be displayed for the
20                  purposes of sale or sold.
21   (2)   This section applies to an application for the grant or
22         removal of any of the following licences --
23           (a) a hotel licence without restriction;
24           (b) a tavern licence;
25           (c) a liquor store licence;
26           (d) a special facility licence of a prescribed type.
27   (3)   The licensing authority must not hear or determine an
28         application to which this section applies if --
29           (a) packaged liquor premises are situated less than
30                 the prescribed distance from the proposed
31                 licensed premises; and



                                                                page 11
     Liquor Control Amendment Bill 2018



     s. 19



1                     (b)    the area of the retail section of those packaged
2                            liquor premises exceeds the prescribed area;
3                            and
4                      (c)   the area of the retail section of the proposed
5                            licensed premises exceeds the prescribed area.
6              (4)   The licensing authority must not grant an application to
7                    which this section applies unless satisfied that local
8                    packaged liquor requirements cannot reasonably be
9                    met by existing packaged liquor premises in the
10                   locality in which the proposed licensed premises are, or
11                   are to be, situated.
12             (5)   Regulations made for the purposes of the definition of
13                   prescribed distance in subsection (1) may prescribe
14                   different distances in relation to packaged liquor
15                   premises in different areas of the State.
16


17   19.       Section 37C inserted
18             At the end of Part 3 Division 1 insert:
19


20           37C.    Register of licensed premises
21             (1)   The Director may keep a register that contains the
22                   following information in respect of licensed
23                   premises --
24                     (a) the name and address of the premises;
25                     (b) the licence number of the premises;
26                     (c) the type of licence that applies to the premises;
27                     (d) the status of the licence that applies to the
28                          premises (for example, whether the licence is
29                          conditionally granted or suspended);
30                     (e) the name of the licensee of the premises.



     page 12
                                               Liquor Control Amendment Bill 2018



                                                                                s. 20



1                (2)    The Director may make the register available to the
2                       public in any way the Director considers appropriate,
3                       including by publication on the Department's website.
4


5    20.         Section 38 amended
6          (1)   In section 38(1)(a) delete "licence; or" and insert:
7

8                licence of a kind prescribed; or
9

10         (2)   In section 38(4):
11                 (a) delete paragraph (b) and insert:
12

13                       (b)    whether the amenity, quiet or good order of the
14                              locality in which the licensed premises or
15                              proposed licensed premises are, or are to be,
16                              situated might in some manner be lessened; and
17

18                (b)    after paragraph (c) insert:
19

20                      (ca)    any effect the granting of the application might
21                              have in relation to tourism, or community or
22                              cultural matters; and
23

24         (3)   After section 38(6) insert:
25

26               (7)    If subsection (2) applies to an application, the Director
27                      may publish the following on the Department's
28                      website --
29                        (a) the application;
30                        (b) any document or information provided under
31                              subsection (3) in relation to the application.
32


                                                                             page 13
     Liquor Control Amendment Bill 2018



     s. 21



1    21.         Section 41 amended
2          (1)   Delete section 41(1aa).
3          (2)   In section 41(1)(a) delete "and is not a small bar licence".
4          (3)   In section 41(2)(b) delete "small bar licence or a hotel restricted
5                licence," and insert:
6

7                hotel restricted licence or a tavern restricted licence,
8

9          (4)   In section 41(4) delete "small bar licence or a".

10   22.         Sections 41A and 41B inserted
11               After section 41 insert:
12


13           41A.      Effect and conditions of small bar licence
14               (1)   Subject to this Act, the licensee of a small bar licence
15                     is, during permitted hours, authorised to sell liquor for
16                     consumption on the licensed premises.
17               (2)   A small bar licence is subject to --
18                      (a) a condition prohibiting the sale of packaged
19                            liquor; and
20                      (b) a condition limiting the maximum number of
21                            persons (excluding responsible persons and
22                            authorised officers) who may be on the licensed
23                            premises to 120.

24           41B.      Small bar licence may be granted as alternative to
25                     tavern restricted licence
26               (1)   If the licensing authority considers it appropriate, the
27                     licensing authority may, with the agreement of the
28                     applicant, treat an application for a tavern restricted
29                     licence as an application for a small bar licence.

     page 14
                                  Liquor Control Amendment Bill 2018



                                                                   s. 22



1    (2)   Subsection (3) applies to a tavern restricted licence
2          if --
3             (a) it is subject to a condition limiting the
4                 maximum number of persons (excluding
5                 responsible persons and authorised officers)
6                 who may be on the licensed premises to 120;
7                 and
8            (b) the capacity of the licensed premises is not
9                 more than 120 persons.
10   (3)   The licensing authority may, of its own motion or on
11         the application of the licensee of the licence --
12           (a) cancel a tavern restricted licence to which this
13                 subsection applies; and
14           (b) grant to the person who was the licensee of the
15                 licence a small bar licence in respect of the
16                 premises to which the licence related.
17   (4)   If the licensing authority proposes of its own motion to
18         cancel a tavern restricted licence and grant a small bar
19         licence under subsection (3), the licensing authority
20         must give the licensee of the tavern restricted
21         licence --
22           (a) a notice that sets out the proposal and the
23                  reasons for it; and
24           (b) a reasonable opportunity to make submissions
25                  or to be heard in relation to the proposal.
26




                                                              page 15
     Liquor Control Amendment Bill 2018



     s. 23



1    23.         Section 44 amended
2                Delete section 44(1) and insert:
3

4                (1)   Subject to this Act, a casino licence authorises the
5                      licensee, during permitted hours, to do either or both of
6                      the following --
7                        (a) sell liquor for consumption --
8                                 (i) on the premises at the casino; and
9                                (ii) on other premises within the casino
10                                     complex concerned or adjacent to that
11                                     complex, within one or more defined
12                                     areas as may from time to time be
13                                     approved by the Gaming and Wagering
14                                     Commission;
15                       (b) supply, without charge, packaged liquor on the
16                             premises referred to in paragraph (a) as part
17                             of --
18                                (i) an accommodation, restaurant or dining
19                                     service provided on those premises; or
20                               (ii) a function or promotional activity
21                                     conducted on those premises.
22


23   24.         Section 45 amended
24         (1)   In section 45(1)(b) delete "that" and insert:
25

26               a
27

28         (2)   In section 45(3):
29                 (a) delete "to an applicant to whom subsection (1) applies";




     page 16
                                                    Liquor Control Amendment Bill 2018



                                                                                     s. 25



1                   (b)    after "casino complex" (1st occurrence) insert:
2

3                          to which a casino gaming licence relates
4


5    25.          Section 48 amended
6          (1)    In section 48(2):
7                   (a) in paragraph (a)(ii) delete "rules approved by the
8                         Director;" and insert:
9

10                         the rules of the club;
11

12                  (b)    in paragraph (b) delete "rules approved by the Director;
13                         or" and insert:
14

15                         the rules of the club; or
16

17                  (c)    delete "constitution and rules of the club, as approved by
18                         the Director," and insert:
19

20                         rules of the club
21

22         (2)    After section 48(2) insert:
23

24               (2A)     Subject to this Act, a club licence authorises the sale,
25                        during permitted hours, of liquor to a visitor for
26                        consumption on the licensed premises if the sale does
27                        not contravene the rules of the club.




                                                                               page 17
     Liquor Control Amendment Bill 2018



     s. 25



1              (2B)     In subsection (2A) --
2                       visitor means a person, other than a member, a guest of
3                       a member or a person referred to in subsection (5),
4                       who --
5                         (a) is at least 40 km or, if a greater distance is
6                               prescribed for the purposes of this paragraph, at
7                               least that distance from their usual place of
8                               residence; and
9                         (b) is visiting the club while travelling in the
10                              course of a holiday or travelling for leisure or
11                              business; and
12                        (c) is required, at the time of their visit, to pay a fee
13                              to the club for the use of its facilities.
14

15      (3)     In section 48(4):
16                (a) in paragraph (b) delete "rules approved by the Director,"
17                      and insert:
18

19                       the rules of the club,
20

21                (b)    in paragraph (d) delete the passage that begins with
22                       "change --" and ends with "the Secretary" and insert:
23

24                       change in the appointment of a person as trustee to hold
25                       the licence for the club, the Secretary
26

27                (c)    after paragraph (e) insert:
28

29                      (ea)    an up-to-date register of visitors (as defined in
30                              subsection (2B)) be continually available for
31                              inspection at the club premises; and
32




     page 18
                                               Liquor Control Amendment Bill 2018



                                                                                   s. 26



1                  (d)    in paragraph (f) delete "constitution and rules, as
2                         approved by the Director," and insert:
3

4                         rules
5

6          (4)   In section 48(5):
7                  (a) delete "club --" and insert:
8

9                         club or a team, or a person assisting a member or an
10                        official of another club or a team --
11

12                 (b)    delete "day in accordance with rules approved by the
13                        Director." and insert:
14

15                        day, in accordance with the rules of the club.
16

17         (5)   In section 48(7) delete "constitution or rules as approved by the
18               Director" and insert:
19

20               rules,
21


22   26.         Section 49 amended
23         (1)   In section 49(1):
24                 (a) in paragraph (c) delete "unless subsection (4) applies,
25                       that the constitution and" and insert:
26
27                        that the
28

29                 (b)    in paragraph (c) delete "sought," and insert:
30
31                        sought.
32


                                                                                page 19
     Liquor Control Amendment Bill 2018



     s. 27



1                   (c)    delete "and the content of that constitution and those
2                          rules is approved by the Director.".
3          (2)   In section 49(2) delete "constitution or" (each occurrence).
4          (3)   Delete section 49(3) and (4).

5    27.         Section 50A inserted
6                After section 50 insert:
7


8            50A.         Issue of extended trading permit under s. 60(4)(ca)
9                         for certain restaurant licences at time of grant
10               (1)      Subsection (2) applies if --
11                         (a) the licensing authority decides to grant a
12                               restaurant licence subject to a condition
13                               limiting the maximum number of persons
14                               (excluding responsible persons and authorised
15                               officers) who may be on the licensed premises
16                               to 120; and
17                         (b) the application for the restaurant licence
18                               specifies that an extended trading permit under
19                               section 60(4)(ca) is also sought in respect of the
20                               premises to which the application relates.
21               (2)      When the licensing authority grants the restaurant
22                        licence the licensing authority may issue an extended
23                        trading permit under section 60(4)(ca) in respect of the
24                        licensed premises.
25




     page 20
                                             Liquor Control Amendment Bill 2018



                                                                             s. 28



1    28.         Section 55 amended
2          (1)   In section 55(1):
3                  (a) delete paragraphs (a) and (b) and insert:
4

5                        (a)   to sell or supply (including by way of sample)
6                              on the licensed premises liquor produced by the
7                              licensee for consumption on a part of the
8                              licensed premises approved for the purpose by
9                              the Director; and
10                      (b)    to sell or supply on or from the licensed
11                             premises liquor produced by the licensee for
12                             consumption off the licensed premises; and
13

14                (b)   in paragraph (c) delete "from" and insert:
15

16                      on
17

18         (2)   Delete section 55(1a).
19         (3)   In section 55(2A) delete "Despite subsection (1)(a), the" and
20               insert:
21

22               The
23

24         (4)   In section 55(3) delete "corporate which produces wine or
25               spirits, wine or spirits" and insert:
26

27               corporate, liquor
28




                                                                          page 21
     Liquor Control Amendment Bill 2018



     s. 29



1    29.       Section 56 amended
2              In section 56(1):
3                (a) after paragraph (b) insert:
4

5                         (ba)    being spirits made from wine --
6                                    (i) if it was distilled by that person; or
7                                  (ii) if it was distilled under the control or
8                                        direction of that person from wine
9                                        produced by that person;
10                                or
11

12                  (b)    in paragraph (c) delete "spirits," and insert:
13

14                         spirits not made from wine,
15


16   30.       Section 58 amended
17             Delete section 58(2a).

18   31.       Section 59A inserted
19             At the end of Part 3 Division 2 insert:
20


21           59A.         Additional authorisations relating to supply and
22                        sale of liquor on licensed premises
23             (1)        In this section --
24                        interstate supplier means a person who is authorised
25                        under the law of another State, or of a Territory, to sell
26                        packaged liquor;




     page 22
                                  Liquor Control Amendment Bill 2018



                                                                   s. 31



1          packaged liquor --
2            (a) in relation to an interstate supplier, means
3                  liquor in sealed containers for consumption off
4                  the premises of the interstate supplier; and
5            (b) otherwise, has the meaning given in
6                  section 3(1);
7          packaged liquor licence means a licence that
8          authorises the sale of packaged liquor, but does not
9          include a hotel restricted licence, a casino liquor
10         licence, a club licence or an occasional licence.
11   (2)   A packaged liquor licence authorises the licensee (the
12         supplier), with the agreement of another licensee --
13           (a) to supply liquor, by way of free sample, on the
14                licensed premises of the other licensee for
15                consumption on those premises; and
16           (b) to sell packaged liquor on the licensed premises
17                of the other licensee for delivery to the
18                purchaser, or to premises specified by the
19                purchaser, from the licensed premises of the
20                supplier.
21   (3)   An interstate supplier is authorised, with the agreement
22         of a licensee --
23           (a) to supply liquor, by way of free sample, on the
24                  licensed premises of the licensee for
25                  consumption on those premises; and
26           (b) to sell packaged liquor on the licensed premises
27                  of the licensee for delivery to the purchaser, or
28                  to premises specified by the purchaser, from the
29                  premises of the interstate supplier.
30   (4)   A sale of packaged liquor made by an interstate
31         supplier as authorised under subsection (3) is taken to
32         be made under a licence described in section 109(1)(a).
33



                                                                page 23
     Liquor Control Amendment Bill 2018



     s. 32



1    32.         Section 60 amended
2          (1)   In section 60(3a) delete "subsection (4)(ca) or (g)" and insert:
3

4                subsection (4)(ca), (g) or (h)
5

6          (2)   In section 60(4):
7                  (a) in paragraph (a) after "liquor" insert:
8

9                        as a caterer
10

11                (b)    in paragraph (a) delete "as a caterer on specified
12                       premises,";
13                (c)    in paragraph (e) delete "a Sunday,";
14                (d)    in paragraph (e)(ii) delete "constitution and rules of the
15                       association, if that constitution or those rules were
16                       required to be approved by the Director, are observed;"
17                       and insert:
18

19                       rules of the association are observed;
20

21                 (e)   in paragraph (g) delete "5" and insert:
22

23                       10
24

25                 (f)   in paragraph (h) delete the passage that begins with "on
26                       such days" and ends with "otherwise be authorised," and
27                       insert:
28
29                       under the licence on specified premises or in a specified
30                       area that would not otherwise be authorised, on such
31                       days and between such hours on those days as may be
32                       specified,
33


     page 24
                                                Liquor Control Amendment Bill 2018



                                                                               s. 33



1                 (g)   in paragraph (ia) delete "wine or beer" (1st occurrence)
2                       and insert:
3

4                       liquor
5

6                 (h)   in paragraph (ia) delete "wine or beer," and insert:
7

8                       liquor,
9


10   33.         Section 61 amended
11         (1)   In section 61(1):
12                 (a) in paragraph (c) delete "relates; and" and insert:
13

14                      relates.
15

16                (b)   delete paragraph (d).
17         (2)   Delete section 61(2).

18   34.         Section 61A amended
19         (1)   In section 61A(2):
20                 (a) in paragraph (a) delete "wine or beer; and" and insert:
21

22                      liquor; and
23

24                (b)   in paragraph (c) delete "beer," and insert:
25

26                      liquor other than wine,
27




                                                                            page 25
     Liquor Control Amendment Bill 2018



     s. 34



1                (c)    in paragraph (c) delete "beer" (2nd occurrence) and
2                       insert:
3

4                       liquor
5

6                (d)    in paragraph (e) delete "wine or beer" and insert:
7

8                       liquor
9

10      (2)    In section 61A(4):
11               (a) delete "beer" (1st occurrence) and insert:
12

13                      liquor other than wine
14

15               (b)    delete "beer" (2nd occurrence) and insert:
16

17                      liquor
18

19      (3)    After section 61A(5) insert:
20

21            (5A)     If a cellar door permit is issued in respect of the same
22                     premises to 2 or more licensees, those licensees are
23                     jointly and severally liable --
24                       (a) as licensee; and
25                       (b) in respect of any civil or criminal liability that
26                              attaches to the licensee under this Act.
27




     page 26
                                                    Liquor Control Amendment Bill 2018



                                                                                        s. 35



1          (4)     In section 61A(6) delete "licence." and insert:
2

3                  permit.
4

5                  Note: The heading to amended section 61A is to read:
6                        Extended trading permit for sale of liquor (s. 60(4)(ia))

7    35.           Section 64 amended
8                  After section 64(1b) insert:
9

10               (1BA) An application under subsection (1a)(b) to vary a
11                     condition must be made not later than the prescribed
12                     number of days before the variation is proposed to take
13                     effect, unless the Director otherwise approves.
14


15   36.           Section 65 amended
16                 Delete section 65(1) and insert:
17

18                 (1)   Subject to subsection (3), a licence or permit that
19                       authorises the sale of packaged liquor or of liquor for
20                       consumption off the licensed premises is subject to the
21                       following conditions --
22                         (a) that the liquor sold --
23                                 (i) must be consigned to the purchaser at,
24                                       and delivered on or from, the licensed
25                                       premises, unless the Director otherwise
26                                       approves; and
27                                (ii) must be delivered in sealed containers;
28                                       and
29                               (iii) must not, unless an extended trading
30                                       permit or a special facility licence so
31                                       authorises, be or be permitted to be

                                                                                     page 27
     Liquor Control Amendment Bill 2018



     s. 37



1                                          consumed on or, except in the case of
2                                          liquor sold under section 55, in the
3                                          immediate proximity of the licensed
4                                          premises;
5                           (b)    that the prescribed requirements relating to sale
6                                  and delivery must be complied with.
7                (1A)     A person who contravenes a condition referred to in
8                         subsection (1) commits an offence.
9                         Penalty for this subsection: a fine of $2 000.
10

11                Note: The heading to amended section 65 is to read:
12                        Conditions relating to sale and delivery of packaged liquor or
13                        liquor for consumption off licensed premises

14   37.          Section 67 amended
15                Delete section 67(5) and insert:
16

17                (5)     If an application is required to be advertised, the
18                        Director must cause a copy of the notice of application
19                        to be published on the Department's website.
20


21   38.          Section 68 amended
22         (1)    In section 68(1):
23                  (a) in paragraph (b)(iv) delete "section 72; and" and insert:
24
25                          section 72;
26

27                  (b)     delete paragraph (b)(v).
28         (2)    In section 68(2) delete "(1)(b)(iii), (iv) and (v)" and insert:
29

30                (1)(b)(iii) and (iv)
31


     page 28
                                                 Liquor Control Amendment Bill 2018



                                                                              s. 39



1    39.           Section 69 amended
2          (1)     In section 69(3) delete "67(5)(a)" and insert:
3

4                  67(5)
5

6          (2)     Delete section 69(5).
7          (3)     In section 69(6)(c)(iv) before "any" insert:
8

9                  as to
10

11         (4)     After section 69(8) insert:
12

13               (8AA) The chief executive officer appointed under the
14                     Western Australian Tourism Commission Act 1983
15                     section 17 may intervene in proceedings before the
16                     licensing authority for the purpose of introducing
17                     evidence or making representations --
18                       (a) as to whether any tourism benefits might result
19                             if a particular application is granted; and
20                       (b) as to any other matter relevant to the proper
21                             development of the tourism industry in the
22                             State.
23


24   40.           Section 70 amended
25                 In section 70(2) delete "the section" and insert:
26

27                 this section
28




                                                                           page 29
     Liquor Control Amendment Bill 2018



     s. 41



1    41.       Section 72A inserted
2              After section 72 insert:
3


4            72A.    Submissions generally
5              (1)   In this section --
6                    submission means --
7                      (a) a submission made by a person in support of an
8                             application; or
9                      (b) a submission made by a person in opposition to
10                            an application, but does not include an
11                            objection to an application lodged with the
12                            Director under section 73.
13             (2)   A person who makes a submission to the Director is
14                   not a party to proceedings.
15             (3)   Subsection (2) does not apply to a person who
16                   intervenes in proceedings relating to an application.
17             (4)   The Director may, but need not, acknowledge receipt
18                   of a submission.
19             (5)   Sections 73 and 74 do not apply to a submission made
20                   in opposition to an application.
21


22   42.       Section 73 amended
23             Delete section 73(4a) and insert:
24

25            (4A)   The Director must serve a copy of a notice lodged
26                   under subsection (4) on the applicant, unless
27                   section 30(4)(a) applies.
28




     page 30
                                           Liquor Control Amendment Bill 2018



                                                                            s. 43



1    43.     Section 74 amended
2            After section 74(4) insert:
3

4            (5)   A determination made by the Director under
5                  subsection (4) is not subject to review under section 25.
6


7    44.     Section 75 amended
8            Delete section 75(2)(b) and insert:
9

10                   (b)   if not required to be advertised is not subject to
11                         objection, but may be made the subject of a
12                         submission or an intervention under section 69;
13                         and
14


15   45.     Section 77A inserted
16           At the end of Part 3 Division 7 insert:
17

18         77A.    Restrictions on alteration or redefinition of certain
19                 packaged liquor premises
20           (1)   In this section --
21                 packaged liquor premises has the meaning given in
22                 section 36B(1);
23                 prescribed area means the area prescribed for the
24                 purposes of this section;
25                 prescribed distance means the distance prescribed for
26                 the purposes of this section;
27                 retail section, in relation to packaged liquor premises,
28                 means the part or parts of the premises on which
29                 packaged liquor is displayed for the purposes of sale or
30                 sold.



                                                                        page 31
     Liquor Control Amendment Bill 2018



     s. 45



1              (2)   Subsection (3) applies to packaged liquor premises
2                    if --
3                       (a) the premises are situated less than the
4                           prescribed distance from other packaged liquor
5                           premises; and
6                      (b) the area of the retail section of the other
7                           packaged liquor premises exceeds the
8                           prescribed area.
9              (3)   The licensing authority must not hear or determine an
10                   application made under section 77(4) in respect of
11                   packaged liquor premises to which this subsection
12                   applies --
13                     (a) if --
14                              (i) the area of the retail section of the
15                                  premises does not exceed the prescribed
16                                  area; and
17                            (ii) the proposed alteration or redefinition of
18                                  the premises would increase the area of
19                                  the retail section of the premises so that
20                                  it exceeds the prescribed area;
21                           or
22                     (b) if --
23                              (i) the area of the retail section of the
24                                  premises exceeds the prescribed area;
25                                  and
26                            (ii) the proposed alteration or redefinition of
27                                  the premises would increase the area of
28                                  the retail section of the premises.
29             (4)   Regulations made for the purposes of the definition of
30                   prescribed distance in subsection (1) may prescribe
31                   different distances in relation to packaged liquor
32                   premises in different areas of the State.
33




     page 32
                                                 Liquor Control Amendment Bill 2018



                                                                                  s. 46



1    46.          Section 95 amended
2          (1)    Before section 95(1) insert:
3

4                (1A)   In this section --
5                       employee, of the licensee, includes --
6                         (a)   a person engaged under a contract for services
7                               by the licensee; and
8                         (b)   a person who --
9                                 (i) holds a crowd controller's licence; and
10                               (ii) is employed by a crowd control agent
11                                     engaged under a contract for services by
12                                     the licensee or occupier or a manager of
13                                     the licensed premises to supply the
14                                     services of crowd controllers at those
15                                     premises.
16

17         (2)    In section 95(4)(k) delete "of the licensee; or" and insert:
18

19                      of --
20                         (i) the licensee; or
21                        (ii) an employee or agent of the licensee; or
22                       (iii) a person acting, or purporting to act, on behalf
23                             of the licensee;
24                      or

25         (3)    After section 95(11) insert:
26

27               (12)   The hearing of a complaint lodged under this section
28                      must be in public unless the Commission considers
29                      that, in the circumstances of the case, the hearing
30                      should be in private.
31



                                                                             page 33
     Liquor Control Amendment Bill 2018



     s. 47



1    47.       Section 98 amended
2              In section 98(1):
3                (a) in paragraph (a) after "6 a.m. to" insert:
4

5                       12
6

7                (b)    in paragraph (d) delete "2 a.m.;" and insert:
8

9                       2 am and then in accordance with paragraph (a) or (b),
10                      as the case requires;
11


12   48.       Section 98AA inserted
13             After section 98 insert:
14


15           98AA. Permitted hours under small bar licence
16                     The permitted hours under a small bar licence are --
17                      (a) on a day other than a Sunday -- from 6 am to
18                            12 midnight;
19                      (b) on a Sunday -- from 10 am to 12 midnight;
20                      (c) on New Year's Day -- from immediately after
21                            12 midnight on New Year's Eve to 2 am and
22                            then in accordance with paragraph (a) or (b), as
23                            the case requires;
24                      (d) on Good Friday or Christmas Day -- from
25                            12 noon to 10 pm, but only for liquor sold
26                            ancillary to a meal supplied by the licensee;
27                      (e) on ANZAC Day -- from 12 noon to
28                            12 midnight.
29




     page 34
                                               Liquor Control Amendment Bill 2018



                                                                                 s. 49



1    49.         Section 98A amended
2                In section 98A(1)(g) delete "paragraph (a), (b) or (c)," and
3                insert:
4

5                paragraph (a) or (c),
6


7    50.         Section 98E amended
8                In section 98E(1)(d) after "2 a.m." insert:
9

10               and then in accordance with paragraph (a) or (b)(ii), as the case
11               requires.
12


13   51.         Section 98G amended
14               In section 98G(2) delete "section 55(1)(a)(iv) the permitted
15               hours" and insert:
16

17               section 55(1)(a), the permitted hours in relation to the sale or
18               supply of beer or spirits
19


20   52.         Section 100 amended
21         (1)   In section 100(2)(c) and (2a)(b) delete "by the licensee".
22         (2)   In section 100(3) delete "licensee" and insert:
23

24               licensee, an approved unrestricted manager or an approved
25               restricted manager
26




                                                                              page 35
     Liquor Control Amendment Bill 2018



     s. 53



1          (3)   In section 100(4) delete "licensee from appointing" and insert:
2

3                appointment of
4


5    53.         Section 109A inserted
6                After section 109 insert:
7


8            109A.     Offence to carry liquor in excess of prescribed
9                      quantity in prescribed area of State
10               (1)   In this section --
11                     driver, in relation to a vehicle, means a person who has
12                     control over the steering, movement or propulsion of
13                     the vehicle;
14                     vehicle, without limiting the definition of that term in
15                     section 3(1), includes a trailer, semi-trailer or caravan
16                     attached to another vehicle.
17               (2)   A person who, in a prescribed area of the State, carries
18                     a kind of liquor in a quantity that exceeds the quantity
19                     prescribed for that kind of liquor commits an offence.
20                     Penalty for this subsection: a fine of $10 000.
21               (3)   For the purposes of subsection (2), if liquor is carried
22                     in or on a vehicle the driver of the vehicle is taken to be
23                     the person who carries the liquor.
24               (4)   It is a defence to a charge of an offence under
25                     subsection (2) to prove that the liquor was carried --
26                        (a) for the purpose of a sale that may lawfully be
27                              made; or
28                       (b) by a person of a prescribed class; or
29                        (c) in or on a vehicle of a prescribed class; or
30                       (d) in prescribed circumstances.

     page 36
                                                 Liquor Control Amendment Bill 2018



                                                                                    s. 54



1                 (5)   Regulations made for the purposes of subsection (2)
2                       may prescribe different quantities for different areas of
3                       the State.
4


5    54.          Section 110 amended
6                 Delete section 110(6a) and insert:
7

8                (6A)   If, under a licence, wine is sold to a person (the
9                       purchaser) for consumption on the licensed premises
10                      ancillary to a meal provided by the licensee, then,
11                      despite any other provision of this Act, it is lawful for
12                      the purchaser subsequently to take from the licensed
13                      premises any opened container of the wine if its
14                      contents have been partially consumed.
15


16   55.          Section 112 amended
17                In section 112(1)(a)(i) delete "15" and insert:
18

19                30
20


21   56.          Section 115 amended
22         (1)    In section 115(1) and (2) in the Penalty delete "Penalty:" and
23                insert:
24

25                Penalty for this subsection:
26




                                                                             page 37
     Liquor Control Amendment Bill 2018



     s. 56



1       (2)     After section 115(4a) insert:
2

3              (4B)     A person commits an offence if the person does not
4                       leave licensed premises or a part of licensed premises
5                       after being required under subsection (4)(b) to do so.
6                       Penalty for this subsection: a fine of $5 000.
7

8       (3)     In section 115(5):
9                 (a) delete "A person who --" and insert:
10

11                       A person commits an offence if the person --
12

13                (b)    in paragraph (b) delete "closed; or" and insert:
14

15                       closed.
16

17                (c)    delete paragraph (c);
18                (d)    delete "commits an offence.".
19      (4)     In section 115(5) in the Penalty delete "Penalty:" and insert:
20

21              Penalty for this subsection:
22

23      (5)     In section 115(6) delete the Penalty and insert:
24

25                      Penalty for this subsection: a fine of $5 000.
26

27      (6)     In section 115(7) in the Penalty delete "Penalty:" and insert:
28

29              Penalty for this subsection:
30




     page 38
                                                 Liquor Control Amendment Bill 2018



                                                                                s. 57



1    57.          Section 115AA amended
2          (1)    In section 115AA(2) delete "premises --" and insert:
3

4                 premises or in the vicinity of licensed premises --
5

6          (2)    After section 115AA(7A) insert:
7

8                (7B)     The reference in subsection (7A) to performing duties
9                         relating to the person's work does not include attending
10                        a function associated with the person's work that is
11                        held on the premises.
12


13   58.          Section 115AC amended
14                In section 115AC(1):
15                  (a) in paragraph (a) after "name" insert:
16

17                               and date of birth
18

19                  (b)    delete paragraph (c) and insert:
20

21                         (c)   the address of the person;
22


23   59.          Section 115AE amended
24         (1)    In section 115AE delete "A responsible" and insert:
25

26                (1)     Subject to subsection (2), a responsible
27




                                                                             page 39
     Liquor Control Amendment Bill 2018



     s. 60



1          (2)   In section 115AE in the Penalty delete "Penalty:" and insert:
2

3                Penalty for this subsection:
4

5          (3)   At the end of section 115AE insert:
6

7                (2)   A responsible person in relation to licensed premises
8                      does not commit an offence under subsection (1) if the
9                      responsible person permits the person to enter or
10                     remain on the premises solely for the purpose of
11                     performing duties relating to the person's work.
12               (3)   The reference in subsection (2) to performing duties
13                     relating to the person's work does not include attending
14                     a function associated with the person's work that is
15                     held on the premises.
16


17   60.         Section 120 amended
18               In section 120(1)(a)(i) delete "constitution or".

19   61.         Section 152B amended
20         (1)   In section 152B delete "The Commissioner" and insert:
21

22               (1)   The Commissioner
23

24         (2)   At the end of section 152B insert:
25

26               (2)   The Commissioner of Police must serve a copy of the
27                     application on the relevant person.
28




     page 40
                                                 Liquor Control Amendment Bill 2018



                                                                                     s. 62



1    62.          Section 155 amended
2          (1)    After section 155(5) insert:
3

4                (5A)     If a person is contravening section 109A(2) a member
5                         of the Police Force may, subject to subsection (5B),
6                         seize an opened or unopened container of liquor
7                         involved in the contravention.
8                (5B)     The total quantity of a kind of liquor in any containers
9                         seized under subsection (5A) must not exceed the
10                        seizable quantity for that kind of liquor.
11               (5C)     In subsection (5B) --
12                        seizable quantity, for a kind of liquor, means the
13                        quantity representing the difference between the total
14                        quantity of that kind of liquor involved in the
15                        contravention and the quantity prescribed for that kind
16                        of liquor under section 109A(2).
17

18         (2)    In section 155(7)(b)(ii) delete "believes" and insert:
19

20                suspects
21

22         (3)    In section 155(9) after "subsection" (2nd occurrence) insert:
23

24                (5A),
25


26   63.          Section 167 amended
27         (1)    In section 167(1) insert in alphabetical order:
28

29                        approved form means the form approved by the
30                        Director;
31


                                                                              page 41
     Liquor Control Amendment Bill 2018



     s. 63



1       (2)    In section 167(1) in the definition of infringement notice delete
2              "a notice" and insert:
3

4              an infringement notice
5

6       (3)    In section 167(2) delete the passage that begins with "a notice"
7              and ends with "in the notice." and insert:
8

9              an infringement notice.
10

11      (4)    After section 167(2) insert:
12

13            (2A)   An infringement notice must be in the approved form
14                   and must --
15                     (a) contain a description of the alleged offence; and
16                     (b) advise that if the alleged offender does not wish
17                           to be prosecuted for the alleged offence in a
18                           court, the amount of money specified in the
19                           notice as being the modified penalty for the
20                           offence may be paid to an authorised person
21                           within a period of 28 days after the giving of
22                           the notice; and
23                     (c) inform the alleged offender as to who are
24                           authorised persons for the purposes of receiving
25                           payment of modified penalties.
26

27      (5)    In section 167(5) delete "prescribed" and insert:
28

29             approved
30




     page 42
                                          Liquor Control Amendment Bill 2018



                                                                         s. 64



1    64.     Section 170 amended
2            In section 170(db) delete "the licensee shall be deemed not to
3            have appointed a person" and insert:
4

5            a person is taken not to have been appointed
6


7    65.     Section 174A amended
8            In section 174A(2) delete "department of the Public Service that
9            principally assists the Minister to administer this Act" and
10           insert:
11

12           Department
13


14   66.     Section 174B inserted
15           After section 174A insert:
16

17         174B.   Liquor accords: authorisation for purposes of
18                 Competition and Consumer Act 2010 and
19                 Competition Code
20           (1)   In this section --
21                 liquor accord has the meaning given in section 64(1b).
22           (2)   For the purposes of the Competition and Consumer
23                 Act 2010 (Commonwealth) and the Competition Code,
24                 the following conduct is authorised by this Act, to the
25                 extent that it would otherwise contravene that Act or
26                 that Code --
27                   (a) the entry by any person into a liquor accord;
28                   (b) conduct engaged in by any person for the
29                         purpose of promoting or giving effect to the
30                         terms of a liquor accord.
31


                                                                      page 43
     Liquor Control Amendment Bill 2018



     s. 67



1    67.       Section 175 amended
2              Delete section 175(1)(d) and (e) and insert:
3

4                     (d)    advertising, websites maintained by licensees,
5                            and the content of notices; and
6                      (e)   the endorsement, production and display of
7                            licences; and
8


9    68.       Section 177C inserted
10             After section 177B insert:
11


12           177C.   Transitional provisions for Liquor Control
13                   Amendment Act 2018 (Sch. 1C)
14                   Schedule 1C sets out transitional provisions relating to
15                   amendments made to this Act by the Liquor Control
16                   Amendment Act 2018.
17


18   69.       Section 178 amended
19             In section 178(1) delete "section 95 of the Liquor Licensing
20             Amendment Act 1998," and insert:
21

22                   the Liquor Control Amendment Act 2018 section 68,
23




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                                                Liquor Control Amendment Bill 2018



                                                                                      s. 70



1    70.         Schedule 1C inserted
2                After Schedule 1B insert:
3
4          Schedule 1C -- Transitional provisions relating to the
5                  Liquor Control Amendment Act 2018
6                                                                              [s. 177C]

7           1.         Application of s. 36B to existing applications for grant or
8                      removal of licence
9                      Section 36B applies to an application for the grant or
10                     removal of a licence referred to in section 36B(2) that was
11                     made, but not determined by the licensing authority, before
12                     the day on which the Liquor Control Amendment Act 2018
13                     section 18 comes into operation.

14          2.         Small bar licences
15               (1)   In this clause --
16                     commencement day means the day on which the Liquor
17                     Control Amendment Act 2018 section 21 comes into
18                     operation;
19                     old licence means a hotel licence of the kind referred to in
20                     section 41(1aa) as in force immediately before
21                     commencement day.
22               (2)   An old licence that was in effect immediately before
23                     commencement day is taken to be a small bar licence under
24                     section 41A, subject to the conditions that applied to the old
25                     licence immediately before commencement day.
26               (3)   An application for an old licence that was made, but not
27                     determined by the licensing authority, before
28                     commencement day is taken to be an application for a small
29                     bar licence under section 41A.




                                                                                page 45
     Liquor Control Amendment Bill 2018



     s. 70



1            3.         Certain restaurant licences: no fee for application for
2                       extended trading permit under section 60(4)(ca)
3                 (1)   In this clause --
4                       commencement day means the day on which the Liquor
5                       Control Amendment Act 2018 section 27 comes into
6                       operation;
7                       small restaurant licence means a restaurant licence that,
8                       immediately before commencement day, was subject to a
9                       condition limiting the maximum number of persons
10                      (excluding responsible persons and authorised officers) who
11                      may be on the licensed premises to 120.
12                (2)   If, in the period of 12 months beginning on commencement
13                      day, the licensee of a small restaurant licence makes an
14                      application for an extended trading permit under
15                      section 60(4)(ca), then, despite section 68(1)(b), the notice
16                      of application is not required to be accompanied by any
17                      prescribed fee.

18           4.         Application of s. 77A to existing applications for
19                      alteration or redefinition of licensed premises
20                      Section 77A applies to an application under section 77(4)
21                      that was made, but not determined by the licensing
22                      authority, before the day on which the Liquor Control
23                      Amendment Act 2018 section 45 comes into operation.
24


25




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