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LIQUOR ACT 2007 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 160)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of the person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

Division 1 - Preliminary

2 Definitions

In this Part--

"existing licence" means a licence granted under a provision of the former Act and in force immediately before the repeal of that provision by this Act.

"former Act" means the Liquor Act 1982 .

"former Board" means the Liquor Administration Board constituted by section 72 of the former Act.

"former Court" means the Licensing Court constituted under Part 2 of the former Act.

Division 2 - Existing liquor licences

3 General provisions

(1) An existing licence is taken to be a licence of the corresponding kind (as determined in accordance with this Division) in force under this Act.
Note : Transitional arrangements dealing with existing certificates of registration for registered clubs, and the continuation of existing trading hours for registered clubs, are contained in Part 20 of Schedule 2 to the Registered Clubs Act 1976 .
(2) Any such existing licence may be dealt with under, and is otherwise subject to, the provisions of this Act and the regulations.
(3) Subject to the regulations, an existing licence is not subject to the conditions or restrictions to which the licence was subject under the former Act other than a condition or restriction imposed by the former Court or the former Board specifically in relation to the existing licence or the licensed premises to which it relates.
(4) Any such condition or restriction imposed by the former Court or the former Board in relation to an existing licence or the licensed premises to which it relates is taken to be a condition or restriction imposed by the Authority under this Act (and accordingly a reference to the former Court or the former Board in or in relation to any such existing condition or restriction is to be construed as a reference to the Authority). The Authority has such powers as are necessary to continue to give effect to any such condition or restriction and may vary or revoke the condition or restriction in accordance with this Act.
(5) A reference in any other Act, or in an instrument under any other Act or in any other document, to an existing liquor licence of any kind is to be read as a reference to a licence of the corresponding kind (as determined in accordance with this Division).
(6) A reference in this Division to any condition, restriction or authorisation under the former Act is a reference to a condition, restriction or authorisation that had effect (or was otherwise in force) under the former Act immediately before its repeal by this Act.
(7) In this clause, a reference to the former Act includes a reference to the Liquor (Repeals and Savings) Act 1982 .

4 Existing hotelier's licence

(1) The corresponding licence for an existing hotelier's licence is a hotel licence.
(2) The standard trading period applies to the licensed premises to which the existing licence relates. If trading outside of the standard trading period was authorised on the licensed premises under the former Act, an extended trading authorisation under this Act that relates to that extended trading period is taken to be in force in relation to the licensed premises.
(3) Any authority under section 112 of the former Act applying in respect of the licensed premises continues to apply as a minors area authorisation under this Act.

5 Existing nightclub licence

(1) The corresponding licence for an existing nightclub licence is--
(a) in the case where the licensed premises were only allowed to trade after 8 pm under the former Act--an on-premises licence that relates to a public entertainment venue, or
(b) in any other case--an on-premises licence that relates to a public entertainment venue and a restaurant.
(2) If, in either case, the licensed premises concerned included a motel under the former Act, the corresponding licence for the existing nightclub licence is also an on-premises licence that relates to accommodation premises.
(3) The following provisions apply in relation to an existing nightclub licence--
(a) the standard trading period applies to the licensed premises to which the licence relates,
(b) if trading outside of the standard trading period was authorised on the licensed premises under the former Act, an extended trading authorisation that relates to that extended trading period is taken to be in force in relation to the licensed premises,
(c) if the existing licence was endorsed with a dine-or-drink authority under the former Act (being an authority in force immediately before the commencement of this clause), the licence is taken to be endorsed with an authorisation under section 24(3) of this Act allowing liquor to be sold or supplied, in accordance with any conditions of that authorisation, on the licensed premises otherwise than with, or ancillary to, another product or service,
(d) any minors functions authority under section 111A of the former Act applying in respect of the licensed premises continues to apply as a minors functions authorisation under this Act.

6 Existing off-licence (retail)

(1) The corresponding licence for an existing off-licence to sell liquor by retail is a packaged liquor licence.
(2) The standard trading period applies to the licensed premises to which any such existing licence relates. If trading outside of the standard trading period was authorised on the licensed premises under the former Act, an extended trading authorisation that relates to that extended trading period is taken to be in force in relation to the licensed premises.

7 Existing restaurant licence

(1) The corresponding licence for an existing on-licence relating to a restaurant (except where the licensed premises include a motel) is an on-premises licence that relates to a restaurant.
(2) The corresponding licence for an existing on-licence relating to a restaurant, in the case where the licensed premises include a motel, is an on-premises licence that relates to a restaurant and accommodation premises.
(3) The standard trading period applies to the licensed premises to which any such existing licence relates. If trading outside of the standard trading period was authorised on the licensed premises under the former Act, an extended trading authorisation that relates to that extended trading period is taken to be in force in relation to the licensed premises.
(4) If the existing licence was endorsed with a dine-or-drink authority under the former Act (being an authority in force immediately before the commencement of this clause), the licence is taken to be endorsed with an authorisation under section 24(3) of this Act allowing liquor to be sold or supplied, in accordance with any conditions of that authorisation, on the licensed premises otherwise than with, or ancillary to, another product or service.

8 Other existing on-licences

(1) The corresponding licence--
(a) for an existing on-licence relating to a motel is an on-premises licence that relates to accommodation premises, or
(b) for an existing on-licence relating to a vessel is an on-premises licence that relates to a vessel, or
(c) for an existing on-licence relating to premises at an airport is an on-premises licence that relates to premises at an airport, or
(d) for an existing on-licence relating to a public hall is an on-premises licence that relates to a public hall, or
(e) for an existing on-licence relating to a theatre is an on-premises licence that relates to a public entertainment venue, or
(f) for an existing on-licence relating to a university is an on-premises licence that relates to premises occupied by a tertiary institution, or
(g) for an existing on-premises licence referred to in section 18(4)(g) of the former Act is an on-premises licence that relates to the business or activity specified by the Authority in the licence.
(2) The standard trading period applies to the licensed premises to which any such existing licence relates (other than an existing on-licence relating to a vessel).
(3) In the case of an existing on-licence that relates to a vessel, the trading hours authorised under the former Act continue to apply.
(4) If trading outside of the standard trading period was authorised on the licensed premises under the former Act, an extended trading authorisation that relates to that extended trading period is taken to be in force in relation to the licensed premises.
(5) In the case of an existing on-licence granted in respect of a public hall or premises at an airport, the licensee is, within 6 months of the commencement of this clause, to provide the Authority with a statement of the trading hours for the licensed premises under the former Act. The statement is to be in the form approved by the Authority and the licensee is to verify the statement by way of statutory declaration.
(6) If the Authority is satisfied that the trading hours of the premises referred to in subclause (5) under the former Act extended beyond the standard trading period, the Authority is to grant an extended trading authorisation relating to that extended trading period in respect of the premises.
(7) For the purposes of subclause (1)(d),
"public hall" means a public hall that is used for the purpose of conducting public meetings or providing public entertainment on an intermittent basis.

8A Restricted trading days--existing on-licences

(1) Without limiting clauses 7 and 8, if the licensed premises to which an existing on-premises licence relates were authorised under the former Act to trade between 5 am and noon, or between 10 pm and midnight, on a restricted trading day, an extended trading authorisation that relates to the period concerned is taken to be in force in relation to the licensed premises.
(2) Except as otherwise provided under this Act, liquor must not be sold for consumption on the licensed premises during any such extended trading period on a restricted trading day unless it is sold with or ancillary to a meal served in a dining area on the licensed premises.

9 Existing on-premises licence (function)

(1) The corresponding licence for an existing on-licence (function), whether permanent or temporary, is a limited licence.
(2) The trading hours authorised under the former Act for the licensed premises to which any such existing on-licence (function) relates, including the number of functions and dates on which they may be held, continue to apply, but only in relation to functions that were approved or otherwise authorised under the former Act.

10 Existing caterer's licence

(1) The corresponding licence for an existing caterer's licence is an on-premises licence that relates to a catering service.
(2) The following provisions apply in relation to an existing caterer's licence that is converted to an on-premises licence under subclause (1)--
(a) the standard trading period applies to the licensed premises,
(b) an extended trading authorisation is taken to be in force in respect of the licensed premises to authorise trading until 3 am on any day of the week and from 6 am on a Sunday.

11 Existing vigneron, wholesaler and brewer licences

The corresponding licence for an existing off-licence--

(a) for a vigneron, or
(b) to sell liquor to persons authorised to sell liquor, or
(c) for a brewer,
is a producer/wholesaler licence.

12 Existing community liquor licence

(1) The corresponding licence for an existing community liquor licence is a hotel licence.
(2) The following provisions apply in relation to an existing community licence that is converted to a hotel licence under subclause (1)--
(a) the keeping or operation of gaming machines on the licensed premises cannot be authorised under the Gaming Machines Act 2001 ,
(b) the licence cannot be removed to other premises unless the other premises are situated within the same area (as determined in accordance with the regulations) as the licensed premises,
(c) the trading hours authorised under the former Act for the licensed premises continue to apply until such time as they are varied under this Act,
(d) if trading outside of the standard trading period was authorised on the licensed premises under the former Act, an extended trading authorisation that relates to that extended trading period is taken to be in force in relation to the licensed premises.

13 Existing Governor's licence

(1) The corresponding licence for an existing Governor's licence is--
(a) an on-premises licence that relates to a business or activity specified by the Authority in the licence, or
(b) if the Authority, within the period of 12 months following the commencement of this clause, determines another type of licence in relation to the existing licence--that type of licence.
(2) Despite clause 3(3), an existing Governor's licence is subject to the conditions and restrictions to which the licence was subject under the former Act.
(3) The trading hours authorised under the former Act for the licensed premises to which an existing Governor's licence relates continue to apply until such time as they are varied under this Act.
(4) If trading outside of the standard trading period was authorised on the licensed premises under the former Act, an extended trading authorisation that relates to that extended trading period is taken to be in force in relation to the licensed premises.

14 Existing special event licence

(1) The corresponding licence for an existing special event licence is a limited licence.
(2) Despite clause 3(3), an existing special event licence is subject to the conditions and restrictions to which the licence was subject under the former Act.
(3) The trading hours authorised under the former Act for the licensed premises to which an existing special event licence relates continue to apply until such time as they are varied under this Act.

15 Existing Australian wine licence

(1) This clause applies to a licence (referred to as
"an existing Australian wine licence" ) to which Schedule 4 (Special provisions relating to Australian wine licences) to the Liquor (Repeals and Savings) Act 1982 (
"the relevant Act" ) applied immediately before the repeal of the relevant Act by this Act.
(2) The corresponding licence for an existing Australian wine licence referred to in clause 1(2)(a) of Schedule 4 to the relevant Act is a packaged liquor licence.
(3) The following provisions apply in relation to an existing Australian wine licence that is converted to a packaged liquor licence under subclause (2)--
(a) the standard trading period applies to the licensed premises,
(b) if trading outside of the standard trading period was authorised on the licensed premises under the former Act, an extended trading authorisation that relates to that extended trading period is taken to be in force in relation to the licensed premises,
(c) only wine may be sold or supplied on the licensed premises,
(d) the licence cannot be removed to other premises unless the other premises are situated within the same area (as determined in accordance with the regulations) as the licensed premises.
(4) The corresponding licence for an existing Australian wine licence referred to in clause 1(2)(b) of Schedule 4 to the relevant Act is--
(a) an on-premises licence that relates to a wine bar, or
(b) if the Authority, within the period of 12 months following the commencement of this clause, determines another type of licence in relation to the existing licence--that type of licence.
(5) The following provisions apply in relation to an existing Australian wine licence that is converted to an on-premises licence (or other type of licence) under subclause (4)--
(a) the trading hours authorised under the former Act for the licensed premises continue to apply until such time as they are varied under this Act,
(b) if trading outside of the standard trading period was authorised on the licensed premises under the former Act, an extended trading authorisation that relates to that extended trading period is taken to be in force in relation to the licensed premises,
(c) liquor may be sold or supplied for consumption on the licensed premises only,
(d) the licence cannot be removed to other premises unless the other premises are situated within the same area (as determined in accordance with the regulations) as the licensed premises.
(6) The corresponding licence for an existing Australian wine licence referred to in clause 1(2)(c) of Schedule 4 to the relevant Act is--
(a) an on-premises licence that relates to a wine bar, or
(b) if the Authority, within the period of 12 months following the commencement of this clause, determines another type of licence in relation to the existing licence--that type of licence.
(7) The following provisions apply in relation to an existing Australian wine licence that is converted to an on-premises licence (or other type of licence) under subclause (6)--
(a) the trading hours authorised under the former Act for the licensed premises continue to apply until such time as they are varied under this Act,
(b) if trading outside of the standard trading period was authorised on the licensed premises under the former Act, an extended trading authorisation that relates to that extended trading period is taken to be in force in relation to the licensed premises,
(c) liquor may be sold or supplied on the licensed premises for consumption on or away from the premises (however, only wine may be sold or supplied for consumption away from the premises),
(d) the licence cannot be removed to other premises unless the other premises are situated within the same area (as determined in accordance with the regulations) as the licensed premises.
(8) The conditions and restrictions imposed by this clause on a licence cannot be varied on application by the licensee.

Division 3 - Proof of age cards

16 Definition

In this Division--

"proof of age card" means--

(a) an existing RTA proof of age card, or
(b) a document issued by a public authority of the Commonwealth, or of another State or Territory, for the purpose of attesting to a person's identity and age.

17 Phasing-out of existing RTA proof of age cards

An existing RTA proof of age card ceases to be valid for any purpose on 14 December 2008 (being the date that is 3 years after the commencement of Schedule 2.3[1[#93] to the Photo Card Act 2005 ).

18 Manufacturing false proof of age cards

(1) A person must not make a false document that could reasonably be taken to be a proof of age card with the intent that the document be used by any person as a proof of age card for the purposes of this Act or the Gaming Machines Act 2001 .
: Maximum penalty--30 penalty units.
(2) A person (
"the offender" ) must not give to another person a false document that could reasonably be taken to be a proof of age card with the intent that the document be used by any person as a proof of age card for the purposes of this Act or the Gaming Machines Act 2001 if the offender knows or could reasonably be expected to know that the document is false.
: Maximum penalty--30 penalty units.
(3) A person is guilty of an offence under this subclause if the person commits an offence under subclause (1) or (2) in circumstances of aggravation.
: Maximum penalty--50 penalty units.
(4) For the purposes of this clause, a person commits an offence in circumstances of aggravation if--
(a) the offence involved a high degree of planning, or
(b) the offence involved the use of other people acting at the direction of the person convicted of the offence in the commission of the offence, or
(c) the person committed the offence solely or principally for financial reward, or
(d) the offender has a previous conviction for an offence under this clause or under section 117EB of the former Act.

19 Giving or lending proof of age cards

A person must not give or lend the person's proof of age card to another person, if the person giving or lending the card knows or could reasonably be expected to know that the card may be used--

(a) as a proof of age card for the purposes of this Act or the Gaming Machines Act 2001 by the person to whom the card was given or lent, or by any other person, or
(b) to obtain a proof of age card for the person to whom the card was given or lent, or any other person, for the purposes of this Act or the Gaming Machines Act 2001 .
: Maximum penalty--30 penalty units.

20 Tampering with proof of age cards

A person must not for an improper purpose wilfully or negligently alter, deface, or otherwise interfere with a proof of age card or with any of the material particulars contained on the card.

: Maximum penalty--30 penalty units.

21 Confiscation of existing RTA proof of age cards

(1) An authorised person to whom an existing RTA proof of age card, or thing resembling such an existing RTA proof of age card, is produced by a person representing it to be the person's proof of age card (whether as proof of age or of identity) may, with no authority other than this clause, seize the card or thing if the authorised person reasonably suspects that the card or thing--
(a) is not the person's proof of age card or contains information that is false or misleading as to that person's name or age, or
(b) has been forged or fraudulently altered, or
(c) is being used in contravention of any provision of this Act, the Gaming Machines Act 2001 or the Registered Clubs Act 1976 .
(2) A card or thing seized under this clause is to be forwarded to the Commissioner of Police. The Commissioner must cause the card or thing to be returned (by delivery or by post) to the person who produced it unless subclause (3) applies.
(3) The Commissioner of Police may retain possession of and deal with a proof of age card or thing forwarded to the Commissioner in such manner as the Commissioner thinks fit if satisfied that the card or thing--
(a) is not the proof of age card of the person from whom it was seized or contains information that is false or misleading as to that person's name or age, or
(b) has been forged or fraudulently altered, or
(c) is being used in contravention of any provision of this Act, the Gaming Machines Act 2001 or the Registered Clubs Act 1976 .
(4) Each of the following is an
"authorised person" for the purposes of this clause--
(a) any police officer,
(b) any person while acting in the administration of this Act, the Gaming Machines Act 2001 or the Registered Clubs Act 1976 ,
(c) the licensee and any employee or agent of the licensee on the licensed premises concerned, but only on those licensed premises or in a place in the immediate vicinity of those licensed premises.

Division 4 - Other savings and transitional provisions

22 Definitions

In this Division--

"relevant repeal date" means the date on which Part 2 of the former Act is repealed by this Act.

23 Abolition of Licensing Court and continuation of judicial office

(1) The Licensing Court of New South Wales is abolished on the relevant repeal date.
(2) A person who, immediately before the relevant repeal date, held office as a Licensing Magistrate under Part 2 of the former Act is, unless the person holds an appointment as Magistrate for at least the remainder of the term for which the person was appointed as a Licensing Magistrate, entitled (without loss of remuneration) to hold office as a Magistrate for the remainder of the term for which the person was appointed as a Licensing Magistrate under Part 2 of the former Act.
Note : See section 56(2) of the Constitution Act 1902 which provides for the consequences of abolishing a judicial office.
(3) A reference in this clause to a Licensing Magistrate includes a reference to the Chairperson of the Licensing Court and the Deputy Chairperson of the Licensing Court.

24 Abolition of Liquor Administration Board

The Liquor Administration Board constituted under section 72 of the former Act is abolished.

25 Pending applications and proceedings under former Act

(1) Any licence, authorisation, approval or other matter granted or determined under a provision of the former Act (as continued by this clause) is taken to have been granted or determined under the corresponding provision of this Act.
(2) Proceedings pending before the Licensing Court If, before the relevant repeal date, proceedings in relation to any matter under the former Act or any other Act were commenced in the former Court but the former Court had not determined the matter--
(a) the matter may continue to be dealt with and determined by the Local Court as if it were sitting as the former Court, and
(b) the provisions of the former Act continue to apply, as if they had not been repealed, for the purposes of--
(i) the hearing and determination of the matter, and
(ii) any appeal against the former Court's determination of the matter.
(3) In hearing and determining a matter that is the subject of any such pending proceedings, the Local Court has the same jurisdiction as the former Court had immediately before it was abolished.
(4) Matters being dealt with by the Liquor Administration Board If, before the repeal of section 72 of the former Act, any matter was being dealt with by the former Board (including by any person to whom the functions of the Board were delegated under section 75 of the former Act) but had not been determined by the date of that repeal--
(a) the former Board (or the person to whom those functions were delegated) is to continue to deal with the matter as if the former Board had not been abolished, and
(b) the provisions of the former Act continue to apply in relation to the determination of the matter by the former Board (or by the person to whom those functions were delegated) as if those provisions had not been repealed by this Act.
(5) If any such pending matter before the former Board is not determined within such period as may be prescribed by the regulations, the Authority may deal with the matter instead under the corresponding provision of this Act.
(6) The continuation of the provisions of the former Act for the purposes of this clause is subject to such modifications as may be prescribed by the regulations.

25A Further transitional provisions relating to pending SIAs and other matters under former Act

(1) The Authority may determine a pending SIA in accordance with Division 6A of Part 3 of the former Act as if that Division had not been repealed by this Act. For that purpose, a reference in that Division to the Board is taken to include a reference to the Authority.
(2) If the pending SIA was provided in connection with a matter that is the subject of pending proceedings as referred to in clause 25(2) and (3), that matter may, following the Authority's determination of the pending SIA, be determined as provided by those subclauses.
(3) If, in any other case, the pending SIA is approved by the Authority, an application for a licence to which the pending SIA relates may be determined by the Authority in accordance with this Act.
(4) Sections 40(4)(c) and 48 of this Act, and such other provisions of this Act as may be prescribed by the regulations, do not apply to or in respect of an application referred to in subclause (3).
(5) Without limiting the operation of subclause (1), if any matter that the former Board was authorised or required to determine under the former Act was not determined as at the commencement of this clause, the matter may, to the extent that it relates to a licence, approval or authorisation that may be granted under this or the former Act, be determined by the Authority.
(6) In this clause--

"pending SIA" means a social impact assessment under Division 6A of Part 3 of the former Act that was provided to the former Board before the relevant repeal date but that had not been approved or otherwise determined as at the commencement of this clause.

26 General savings provision

(1) Subject to this Act and the regulations, anything done under or for the purposes of a provision of the former Act is, to the extent that the thing has effect immediately before the repeal of the provision, taken to have been done under or for the purposes of the corresponding provision of this Act.
(2) Without limiting subclause (1) or any provision of Division 2, any approval, authority or appointment in force under a provision of the former Act immediately before the repeal of the provision is taken to be an approval, authority or appointment in force under the corresponding provision of this Act.

Part 3 - Provisions consequent on enactment of Criminal Organisations Legislation Amendment Act 2009

27 Grant and cancellation of licences and approvals to manage licensed premises

(1) In this clause--

"amending Act" means the Criminal Organisations Legislation Amendment Act 2009 .
(2) An application for a licence or approval to manage licensed premises made, but not determined, before the commencement of this clause is to be dealt with under this Act as amended by the amending Act.
(3) Sections 139 and 141, as amended by the amending Act, extend to a licence or approval to manage licensed premises in force immediately before the commencement of this clause.

Part 4 - Provisions consequent on enactment of Liquor Amendment (Temporary Licence Freeze) Act 2009

28 Definition

In this Part--

"amending Act" means the Liquor Amendment (Temporary Licence Freeze) Act 2009 .

29 Pending liquor-related applications

(1) Division 1A of Part 4 (as inserted by the amending Act) extends to an application under this Act for any licence or other matter referred to in that Division that was made on or after 25 June 2009 but not granted or otherwise determined as at the commencement of the amending Act.
(2) However, Division 1A of Part 4 does not apply in relation to any application under this Act for a licence or other matter that was made before 25 June 2009.

30 Crown not liable for any compensation

(1) Damages or compensation are not payable by or on behalf of the Crown--
(a) because of the enactment of the amending Act or the operation of the amendments made by the amending Act (including the provisions of this Part), or
(b) for the consequences of that enactment or operation, or
(c) because of a representation or conduct of any kind about the sale or supply of liquor on any premises or kind of premises.
(2) In this clause,
"the Crown" means the Crown within the meaning of the Crown Proceedings Act 1988 , and includes any employee or agent of the Crown.

Part 5 - Provisions consequent on enactment of Liquor and Registered Clubs Legislation Amendment Act 2009

31 Disturbance complaints

The amendments made by the Liquor and Registered Clubs Legislation Amendment Act 2009 (
"the amending Act" ) to the provisions of Division 3 of Part 5 of this Act extend to complaints made, but not determined, before the commencement of the amending Act.

Part 6 - Provision consequent on enactment of Liquor Amendment (3 Strikes) Act 2011

32 Offences occurring before commencement of Part 9A

Part 9A does not apply to or in respect of an offence committed before the commencement of that Part.

Part 7 - Provision consequent on enactment of Clubs, Liquor and Gaming Machines Legislation Amendment Act 2011

33 Conditions imposed by Authority to reduce trading hours

Any condition imposed by the Authority under section 53 that would have been validly imposed had section 53(1A) (as inserted by the Clubs, Liquor and Gaming Machines Legislation Amendment Act 2011 ) been in force when the condition was imposed is validated.

Part 8 - Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2012

34 Operation of amendments to Part 9A

(1) The amendment made by the amending Act to section 144C(1) applies to a penalty notice enforcement order that is made after the commencement of the amending Act whether or not the prescribed offence in respect of which the order is made was committed before or after that commencement.
(2) Section 144C(2), as substituted by the amending Act, extends to strikes that have been incurred before the commencement of the amending Act.
(3) In this clause,
"amending Act" means the Statute Law (Miscellaneous Provisions) Act 2012 .

Part 9 - Provisions consequent on enactment of Liquor Amendment (Kings Cross Plan of Management) Act 2012

35 Definition

In this Part--

"amending Act" means the Liquor Amendment (Kings Cross Plan of Management) Act 2012 .

36 Application of temporary licence and development consent freeze provisions to extended Kings Cross precinct

(1) In this clause--

"extended Kings Cross precinct" means that part of the Kings Cross precinct that was not part of the Kings Cross precinct as described in Schedule 5 to this Act immediately before the amendment of that Schedule by the amending Act.
(2) The amendments made to Division 1A of Part 4 by the amending Act extend to an application under this Act for any licence or other matter referred to in that Division or to an application for development consent under the Environmental Planning and Assessment Act 1979 --
(a) that relates to premises situated in the extended Kings Cross precinct, and
(b) that was made on or after 19 September 2012 but not granted or otherwise determined as at the commencement of those amendments.
(3) However, the amendments made to Division 1A of Part 4 by the amending Act do not apply in relation to--
(a) an application under this Act for a licence or other matter relating to premises situated in the extended Kings Cross precinct, or
(b) an application for development consent under the Environmental Planning and Assessment Act 1979 relating to premises situated in the extended Kings Cross precinct,
that was made before 19 September 2012.
(4) A reference in this clause to an application for development consent or to the granting of development consent has the same meaning as it has in section 47I of this Act.

37 Existing Kings Cross liquor accords

(1) The Kings Cross Precinct Liquor Accord as in force under Division 2 of Part 8 of this Act immediately before the commencement of this clause is terminated and any licence conditions imposed under section 136E in respect of that precinct liquor accord cease to have effect on that commencement.
(2) The Kings Cross Accord , being the local liquor accord of that name in force under Division 1 of Part 8 of this Act, is taken to include terms authorising any person or body participating in the accord to contribute towards the costs associated with measures to minimise or prevent alcohol-related violence or anti-social behaviour or other alcohol-related harm in the Kings Cross precinct.

38 Crown not liable for any compensation

(1) Damages or compensation are not payable by or on behalf of the Crown--
(a) because of the enactment of the amending Act or the operation of the amendments made by the amending Act (including the provisions of this Part), or
(b) for the consequences of that enactment or operation, or
(c) because of a representation or conduct of any kind about the sale or supply of liquor on any premises or kind of premises.
(2) In this clause,
"the Crown" means the Crown within the meaning of the Crown Proceedings Act 1988 , and includes any employee or agent of the Crown.

Part 10 - Provisions consequent on enactment of Liquor Amendment (Small Bars) Act 2013

39 Conversion of existing general bar licences to small bar licences

(1) In this clause--

"existing general bar licence" means a general bar licence in force immediately before the commencement of this clause.

"existing premises" means the premises to which an existing general bar licence related immediately before the cancellation of the licence under this clause.
(2) The Authority is, on application by the holder of an existing general bar licence made during the period of 6 months (or such longer period as may be prescribed by the regulations) immediately following the commencement of this clause, to--
(a) cancel the existing general bar licence, and
(b) at the same time grant a small bar licence for the existing premises (a
"new licence" ) to the person who was the holder of the existing licence.
(3) For the avoidance of any doubt, Division 3A of Part 3 of this Act applies to a new licence.
(4) Any conditions imposed by or under this Act in relation to an existing general bar licence are, on the cancellation of the existing licence, taken to be conditions to which the new licence is subject.
(5) Any strike incurred under Part 9A of this Act in respect of an existing general bar licence and in force immediately before the cancellation of the existing licence is taken to have been incurred in respect of the new licence.
(6) Any proceedings commenced under Part 9 of this Act in relation to an existing general bar licence that were pending immediately before the cancellation of the existing licence may continue to be taken in relation to the new licence.
(7) Any development consent under the Environmental Planning and Assessment Act 1979 for the existing premises extends to the premises to which the new licence relates.
(8) If, on the cancellation of an existing general bar licence, the existing premises were declared premises within the meaning of Schedule 4, the new premises are taken to be declared premises until such time as that Schedule is amended to remove the reference to the existing general bar licence.
(9) This clause is subject to the regulations.

40 Review of amendments relating to small bars

(1) The Minister is to review the amendments made to this Act and the regulations by the Liquor Amendment (Small Bars) Act 2013 to determine whether the policy objectives of those amendments remain valid and whether the terms of the amendments remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after 1 January 2016.
(3) A report on the outcome of the review is to be tabled in each House of Parliament before 1 January 2017.

Part 11 - Provisions consequent on enactment of Liquor Amendment (Kings Cross Plan of Management) Act 2013

41 Review of amendments relating to Kings Cross precinct ID scanner system

(1) The Minister is to review the amendments made by the Liquor Amendment (Kings Cross Plan of Management) Act 2013 that relate to the operation of the Kings Cross precinct ID scanner system under Division 3 of Part 6 of this Act to determine whether the policy objectives of those amendments remain valid and whether the terms of those amendments remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 12 months following the commencement of those amendments and the Minister is to report to the Premier on the outcome of the review as soon as practicable after the review is completed.

Part 12 - Provisions consequent on enactment of Liquor Amendment Act 2014

42 Definition

In this Part--

"amending Act" means the Liquor Amendment Act 2014 .

43 Kings Cross precinct

(1) The declaration of the Sydney CBD Entertainment precinct by the regulations does not affect the application of this Act and the regulations to the Kings Cross precinct.
(2) In particular (and without limiting subclause (1)), the provisions of this Act and the regulations that apply to premises situated within the Kings Cross precinct continue after the commencement of the amending Act to apply to premises that, immediately before the commencement of this clause, were treated by the operation of section 4A(2) as being situated within the Kings Cross precinct.

44 Extended trading authorisations

A term of an extended trading authorisation in force immediately before the commencement of this clause in respect of a licence under section 14, 18, 26 or 29 that authorises licensed premises to sell liquor for consumption away from the licensed premises after 10 pm is taken on that commencement to have no effect.

45 Authorisation to sell liquor for consumption away from licensed premises

A term of an authorisation under section 26 in force immediately before the commencement of this clause that authorises licensed premises to which an on-premises licence relates to sell liquor by retail for consumption away from the licensed premises after 10 pm is taken on that commencement to have no effect.

46 Crown not liable for any compensation

(1) Damages or compensation are not payable by or on behalf of the Crown--
(a) because of the enactment of the amending Act or the operation of the amendments made by the amending Act (including the provisions of this Part), or
(b) for the consequences of that enactment or operation, or
(c) because of a representation or conduct of any kind about the sale or supply of liquor on any premises or kind of premises.
(2) In this clause,
"the Crown" means the Crown within the meaning of the Crown Proceedings Act 1988 , and includes any employee or agent of the Crown.

47 Review of amendments relating to "lock outs" and cessation of liquor sales at 3 am in Sydney CBD Entertainment precinct

(1) The Minister is to appoint a person who in the opinion of the Minister possesses appropriate expertise, knowledge and skills and who is independent of the Government to review the amendments made to the Liquor Regulation 2008 by the amending Act that relate to "lock outs" and the cessation of liquor sales at 3 am and any other provision prescribed by the regulations, to determine whether the policy objectives of those amendments remain valid and whether the terms of those amendments remain appropriate for securing those objectives, and report to the Minister.
(2) The review is to be undertaken as soon as possible after the end of the period of 2 years following the date of assent to the amending Act and the Minister is to report to the Premier on the outcome of the review as soon as practicable after the review is completed.

Part 13 - Provisions consequent on enactment of Liquor Legislation Amendment (Statutory Review) Act 2014

48 Definition

In this Part--

"amending Act" means the Liquor Legislation Amendment (Statutory Review) Act 2014 .

49 Existing authorisations under section 24(3)

Section 24(3A) (as inserted by the amending Act) extends to an authorisation under section 24(3) that was in force immediately before the commencement of that amendment.

50 Existing approvals of courses of training or instruction

Any approval of a course of training or instruction by the Authority under section 58 or 68 that was in force immediately before the commencement of the amendments to those sections by the amending Act is taken to be an approval by the Secretary under those sections as so amended.

51 Existing local liquor accords

(1) The amendments made by the amending Act to Division 1 of Part 8 of this Act extend to a local liquor accord in force under that Division immediately before the commencement of those amendments.
(2) Any such existing local liquor accord is taken to have been registered by the Secretary under section 135 (as substituted by the amending Act).

52 Existing incident registers

Any incident register required under this Act to be maintained in the form approved by the Authority before the commencement of this clause is taken to be in a form approved by the Secretary.

53 Additional sanctions for selling liquor to minors on licensed premises

Division 4 of Part 7 of this Act (as inserted by the amending Act) does not apply in relation to offences committed before the commencement of that Division.

Part 14 - Provisions consequent on enactment of Liquor Amendment (Reviews) Act 2017

54 Definition

In this Part--

"amending Act" means the Liquor Amendment (Reviews) Act 2017 .

55 Application of extended freeze period to Kings Cross precinct

The substitution of the definition of
"freeze period" in section 47A(1) by the amending Act does not affect anything done (including any application that was made) in the period between--

(a) the end of the period referred to in paragraph (a) of that definition (as in force before its substitution by the amending Act), and
(b) the substitution of that definition by the amending Act.

56 Prescribed precincts

(1) Anything done under Division 3 of Part 6 of this Act (including, without limitation, any approval or order given or made under that Division) that, immediately before the repeal of that Division by the amending Act, had effect under that Division is taken to have been done, and to have effect, under Division 4 of Part 6 of this Act.
(2) Without limiting subclause (1), the Kings Cross precinct ID scanner system approved by the Secretary under Division 3 of Part 6 of this Act is, on the repeal of that Division by the amending Act, taken to have been approved by the Secretary under Division 4 of Part 6 of this Act as the prescribed precinct ID scanner system in respect of the Kings Cross precinct.
(3) This clause is subject to the regulations.

57 3 strikes scheme under Part 9A

(1) Any strike incurred under Part 9A of this Act and in force immediately before the substitution of that Part by the amending Act is revoked.
(2) However, the revocation of an existing strike by this clause does not affect the continued operation of any remedial action taken under Part 9A in respect of the strike before the commencement of this clause. Part 9A, as in force immediately before the substitution of that Part by the amending Act, continues to apply in relation to the taking of any such existing remedial action as if that Part had not been substituted by the amending Act.
(3) A strike may be imposed under Part 9A (as substituted by the amending Act) only in respect of offences committed after the commencement of that substitution.

Part 15 - Provisions consequent on enactment of Liquor and Gaming Legislation Amendment Act 2018

58 Definition

In this Part--

"amending Act" means the Liquor and Gaming Legislation Amendment Act 2018 .

59 Duration of licences

The amendments made by the amending Act to the provisions of Division 4 of Part 7 (Special provisions relating to minors) do not apply to a relevant prescribed offence event (within the meaning of that Division) derived from a conviction, payment or making of an order occurring after the commencement of the amendments in respect of a prescribed offence that was committed before that commencement.

60 Existing competency cards

Any competency card that was in force under clause 39A(1) of the Liquor Regulation 2008 immediately before the insertion of the definition of
"recognised competency card" in section 114A by the amending Act is taken to be a competency card within the meaning of that definition.

61 Existing conditions of approval to conduct RSA training courses

Any condition that applied to an approval to conduct RSA training courses in force immediately before the insertion of section 114B by the amending Act is taken to be a condition of such an approval for the purposes of section 114B as inserted.

Part 16 - Provisions consequent on enactment of Liquor Amendment (Night-time Economy) Act 2020

62 Definitions

In this Part--

"amending Act" means the Liquor Amendment (Night-time Economy) Act 2020 .

"previous" , in relation to a provision, means the provision as in force immediately before its amendment or repeal by the amending Act.

63 Existing suspensions or cancellations of licences continue

The suspension or cancellation of a licence under previous sections 130C, 130D or 130E continues in effect despite the repeal of those provisions.

64 Existing disqualifications continue

The disqualification of a person from holding a licence under previous section 130E continues in effect despite the repeal of that section.

65 Existing strikes revoked

(1) A strike incurred by a licensee or manager under previous section 144E and in force immediately before the commencement is revoked.
(2) A strike incurred on a club licence under previous section 144I and in force immediately before the commencement is revoked.

66 Existing remedial action resulting from strikes continues

The revocation of a strike under clause 65 does not affect the continued operation of any remedial action taken under previous Part 9A as a result of the strike.

67 Trading hours for small bars

(1) This clause applies to a small bar licence if, immediately before the commencement--
(a) the licence was in force for a small bar in a prescribed precinct, and
(b) the licensed premises were authorised to trade until midnight.
(2) From the commencement of this clause, an extended trading authorisation under section 49A is taken to be in force authorising the sale or supply of liquor for consumption on the licensed premises between midnight and 2 am on any day of the week.

68 Extended trading authorisation for Sundays

(1) This clause applies to licensed premises or a part of licensed premises (
"relevant premises" ) that, immediately before the commencement--
(a) were premises to which section 12(1B) of this Act applied, and
(b) were authorised to trade until 10 pm.
(2) However, this clause does not apply to relevant premises if the licence was, immediately before the commencement, subject to a condition--
(a) imposed before 24 February 2014, requiring the premises to cease trading at or before 10 pm on any day, other than a Sunday that does not fall on 24 or 31 December or a restricted trading day, or
(b) imposed on or after 24 February 2014, requiring the premises to cease trading before 10 pm on any day, other than a Sunday that does not fall on 24 or 31 December or a restricted trading day, or
(c) imposed before 14 January 2020, requiring the premises to cease trading before 10 pm on any Sunday, other than a Sunday that falls on 24 or 31 December or a restricted trading day.
(3) From the commencement of this clause, an extended trading authorisation under section 49(4) is taken to be in force authorising the sale or supply of liquor on relevant premises for consumption away from the licensed premises between 10 pm and 11 pm on a Sunday that does not fall on 24 or 31 December or a restricted trading day.

69 Standard trading hours

(1) This clause applies to licensed premises or a part of licensed premises (
"relevant premises" ) to which section 12(1B) of this Act applies if the licence for the relevant premises--
(a) was granted, or subject to a variation of trading hours, between the period starting on 16 December 2016 and ending immediately before the commencement of this clause, and
(b) was subject to a condition that required the relevant premises to cease the sale or supply of liquor for consumption away from the licensed premises at 10 pm on any day other than a Sunday.
(2) From the commencement of this clause, the standard trading period as set out in section 12(1)(a) and (1B), as amended by the amending Act, applies to the licence as if the licence had been granted or varied after the commencement of this clause.

70 Certain live entertainment conditions cease to have effect

(1) This clause applies to any of the following conditions (a
"live entertainment condition" ) of a licence that are in force immediately before the commencement--
(a) a condition that restricts the genre of music that may be played or performed on the licensed premises,
(b) a condition that restricts the number of musicians or live entertainment acts that may perform on the licensed premises,
(c) a condition that restricts what type of instruments may be played on the licensed premises,
(d) a condition that restricts the performance of original music,
(e) a condition that restricts a stage for live performers from facing a particular direction,
(f) a condition that restricts decorations, including, for example, mirror balls, or lighting used by musicians,
(g) a condition that prohibits live music, live entertainment or the amplification of a musical instrument at all times or across the entire licensed premises,
(h) a condition that prohibits or restricts the presence or use of a dance floor or another area ordinarily used for dancing.
(2) From the commencement of this clause, the live entertainment condition ceases to have effect.
(3) However, despite subclause (2), the Secretary may impose a condition relating to noise abatement on a licence if--
(a) the Secretary receives a written complaint from--
(i) an occupier of neighbouring premises of the licensed premises, or
(ii) the local consent authority for the licensed premises, or
(iii) the Commissioner of Police, and
(b) the Secretary is satisfied the quiet and good order of the neighbourhood of the licensed premises are being unduly disturbed as a result of the conditions mentioned in subclause (1) ceasing to have effect.
(4) Section 80 does not apply to a complaint referred to in subclause (3)(a).
(5) To remove any doubt, this clause does not affect another condition that may impact on entertainment that is provided on the licensed premises, or an area adjacent to the premises.
Example : A condition relating to noise abatement
(6) In this clause--

"neighbouring premises" has the meaning given by the regulations.

71 Entertainment conditions not to be imposed

(1) From the commencement of this clause, an entertainment condition may not be imposed on a licence.
(2) However, subclause (1) does not apply to--
(a) an entertainment condition imposed in response to a disturbance complaint, or
(b) an entertainment condition relating to adult entertainment of a sexual nature.
(3) From the commencement of this clause, a live entertainment condition may not be imposed on a licence.
(4) However, subclause (3) does not apply to a live entertainment condition relating to adult entertainment of a sexual nature.
(5) To remove any doubt, this clause does not prevent an entertainment condition in force immediately before the commencement of this clause being varied or revoked.
(6) In this clause--

"entertainment condition" means a condition of a licence that has the effect of limiting--
(a) the entertainment that may be provided on licensed premises or an area adjacent to licensed premises, or
(b) the way in which entertainment may be provided on licensed premises or an area adjacent to licensed premises.

"live entertainment condition" means a condition referred to in clause 70(1).

Part 17 - Provision consequent on enactment of State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022

72 Powers of local councils to encourage use of outdoor space

(1) Anything done by a local council during the relevant period, that would have been validly done if the State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022 , Schedule 6[3[#93] and [4[#93] had commenced before it was done, is taken to have been validly done under section 166.
(2) In this clause--

"relevant period" means the period--
(a) starting at the beginning of 11 December 2021, and
(b) ending on the commencement of this clause.

Part 18 - Provisions consequent on enactment of 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2023

73 Application of fee payable under section 25A to particular applications

A fee payable in relation to an application for an authorisation under section 25A, as inserted by the 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2023 , does not apply to an application made under that section within 6 months after the commencement of section 25A.

74 Application of section 59A to particular applications to remove unrestricted club licences to other premises

(1) This clause applies in relation to an application under section 59 to remove an unrestricted club licence to premises other than the premises specified in the licence--
(a) made, but not determined, before the commencement of section 59A, or
(b) made and granted before the commencement of section 59A.
(2) Section 59A applies in relation to the application as if the application had been made after the commencement of that section.
(3) To avoid doubt, it is declared that any variation to the on-premises trading hours of a registered club as a result of the granting of an application mentioned in subclause (1)(b) is of no effect.
(4) In this clause--

"on-premises trading hours" , of a registered club, means the times during which liquor may be sold or supplied only for consumption on the club's licensed premises.

"unrestricted club licence" means a club licence--
(a) that was, at the time the application was made, a club licence to which the Registered Clubs Act 1976 , Schedule 2, clause 94(2) applied, and
(b) under which, at the time the application was made, the registered club to which the licence related was continuing to operate without restrictions in relation to the club's on-premises trading hours in accordance with the Registered Clubs Act 1976 , Schedule 2, clause 94.



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