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Definitions

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4 Definitions

(1)

In this Act—

Authority means the Independent Liquor and Gaming Authority constituted under the Gaming and Liquor Administration Act 2007.

bar area means a part of licensed premises (being a part not operated by a casino operator) in which liquor is ordinarily sold or supplied for consumption on the premises, but does not include—

(a)

a restaurant, or

(b)

a part of the licensed premises in respect of which a minors area authorisation under section 121 is in force, whenever the authorisation operates to authorise the use by a minor of that part, or

(c)

a part of the licensed premises in which liquor is sold or supplied exclusively to residents.

beer means liquor that is beer, ale, lager, pilsener, porter, stout or any other fermented malt liquor or any fermented liquor made from hops or that for the purposes of sale is held out to be beer.

casino has the same meaning as in the Casino Control Act 1992.

casino environs means premises the subject of an order under section 89(3) of the Casino Control Act 1992.

casino operator means a person who is the holder of a licence under Part 2 of the Casino Control Act 1992 to operate a casino.

close associate means a close associate within the meaning of the Gaming and Liquor Administration Act 2007.

community event liquor accord and precinct liquor accord have the same meaning as in the Liquor Act 2007.

criminal intelligence means information classified by the Commissioner of Police as criminal intelligence within the meaning of the Crimes (Criminal Organisations Control) Act 2012, or declared by the Supreme Court under that Act to be criminal intelligence.

employ includes engage under a contract for services and employee includes a person engaged under a contract for services.

evidence of age document for a person means any of the following documents that bears a photograph of the person and that indicates (by reference to the person’s date of birth or otherwise) that the person has attained a particular age, but does not include any such document that has expired or otherwise appears not to be in force—

(a)

an Australian driver licence (within the meaning of the Road Transport Act 2013) or a licence (however described) to drive a motor vehicle issued under the law of another country,

(b)

a digital driver licence (within the meaning of Part 3.7 of the Road Transport Act 2013),

(c)

a Photo Card issued under the Photo Card Act 2005,

(d)

a proof of age card (however described) 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,

(e)

a proof of age card issued by Australia Post (known as a “Keypass identity card”) for the purpose of attesting to a person’s identity and age,

(f)

an Australian or foreign passport.

financial institution means a bank or authorised deposit-taking institution.

former Act means the Liquor Act 1982 as applied and modified under the regulations under the Casino Control Act 1992.

inspector means an inspector within the meaning of the Gaming and Liquor Administration Act 2007.

intoxicated—see section 5.

licence means a licence in force under section 10.

licensed premises means the premises or part of the premises in the casino or casino environs on which the sale or supply of liquor is authorised by a licence.

licensee means the holder of a licence.

liquor means any of the following—

(a)

a beverage which, at 20° Celsius, contains more than 1.15% ethanol by volume,

(b)

any thing that is not a beverage referred to in paragraph (a) but, for the purposes of sale, is held out to be beer or spirits,

(c)

any vapour that would, as a liquid, be a beverage as referred to in paragraph (a),

(d)

any powder that would, when added to any liquid, form a beverage as referred to in paragraph (a),

(e)

an alcohol-based food essence (being a food flavouring preparation in liquid form that, at 20° Celsius, contains more than 1.15% ethanol by volume) that is packaged—

(i)

in the case of vanilla essence (whether natural or imitation)—in a container of more than 100 millilitres capacity, or

(ii)

in any other case—in a container of more than 50 millilitres capacity,

except in circumstances where the alcohol-based food essence is sold in that container by wholesale.

liquor accord means a local liquor accord, precinct liquor accord or community event liquor accord.

local liquor accord—see section 131.

manager of licensed premises means a person appointed by the licensee under section 66 to manage the licensed premises.

meal means a genuine meal consumed by a person at a dining table and includes, in the case of a licence that authorises the sale of liquor to a resident for consumption away from the licensed premises—

(a)

a meal supplied by the licensee for immediate consumption (otherwise than at a dining table) on or away from the premises, and

(b)

a picnic-style hamper supplied by the licensee for consumption (otherwise than at a dining table) away from the premises on the same day as it is supplied.

minor means a person who is under the age of 18 years.

NICC means the New South Wales Independent Casino Commission established under the Casino Control Act 1992.

owner of premises means the person entitled to the rents or profits of the premises.

prohibited drug and prohibited plant have the same meanings as in the Drug Misuse and Trafficking Act 1985.

related corporation of a licensee means a corporation that, within the meaning of the Corporations Act 2001 of the Commonwealth, is a related body corporate of the licensee.

resident of licensed premises means a person (other than the licensee) who resides, or is staying overnight in, a part of the premises that has been set aside for the purposes of accommodation.

responsible adult, in relation to a minor, means an adult who is—

(a)

a parent, step-parent or guardian of the minor, or

(b)

the minor’s spouse or de facto partner, or

(c)

for the time being standing in as the parent of the minor.

Note.

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

responsible person for licensed premises means any of the following—

(a)

the licensee,

(b)

the manager of the premises,

(c)

an employee or agent of the licensee or manager,

(d)

a person acting or purporting to act on behalf of the licensee or manager.

restaurant means premises (however described) in respect of which the primary purpose is the business of preparing and serving meals to the public.

Secretary means the Secretary of the Department of Customer Service.

sell includes any of the following—

(a)

barter or exchange,

(b)

offer, agree or attempt to sell,

(c)

expose, send, forward or deliver for sale,

(d)

cause or permit to be sold or offered for sale.

supply includes dispose of or deliver.

trading hours of licensed premises means the times during which, subject to this Act and the conditions of the licence, the sale or supply of liquor on the premises is authorised.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

In this Act, a reference to the exercise of a function includes a reference to the exercise or performance of a power, authority or duty.

(3)

Notes included in the text of this Act do not form part of this Act.

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