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reg 6

Exemptions from Act

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6 Exemptions from Act

(1)

General exemptions This Act does not apply to or in respect of the following—

(a)

[not applied]

(b)

the sale of spirituous or distilled perfume as perfumery only and not for drinking,

(c)

the sale of liquor for medicinal purposes by a medical practitioner, nurse practitioner, midwife practitioner or pharmacist,

(d)

the sale of liquor to an adult at an auction conducted by an auctioneer, but only if the requirements referred to in subsection (2) are complied with,

(e)

the sale of liquor taken in execution or under similar process, or forfeited to the Crown, if the sale is by or on behalf of the sheriff or a sheriff’s officer, or a bailiff or a police officer,

(f)

, (g) [not applied]

(h)

the sale of liquor authorised by a law of the Commonwealth for the export of the liquor from the Commonwealth,

(i)

(Repealed)

(j)

, (k) [not applied]

(l)

the sale or supply of liquor in such other circumstances as may be prescribed by the regulations under the Casino Control Act 1992.

(1A)

Exemption for gift services in certain circumstances This Act does not apply to or in respect of the sale or supply of liquor that is part of a sale of flowers or food designed to be delivered as a gift to a person (other than the purchaser) specified by the purchaser, but only if the following requirements are complied with—

(a)

the business of the vendor is promoted or marketed as a genuine gift service,

(b)

the gift is packaged and presented in such a manner that any person receiving it would assume it to be a genuine gift,

(c)

the gift is delivered to the person specified by the purchaser at a place other than the premises at which the business of the vendor is conducted,

(d)

the person to whom the gift is delivered is an adult,

(e)

the gift is delivered between 7 am and 7 pm (except in the case where unforeseen circumstances have delayed the delivery of the gift during that period),

(f)

the volume of liquor supplied as part of the gift does not exceed 2 litres,

(g)

the liquor has been purchased by the vendor on a retail basis.

(2)

For the purposes of subsection (1)(d) the requirements are as follows—

(a)

the auctioneer conducting the auction must be a person who carries on business (or is employed) as a professional auctioneer,

(b)

the auction must be publicly promoted as an auction involving the sale of liquor,

(c)

the NICC must be notified, in the form and manner approved by the NICC, that the auctioneer sells liquor by auction otherwise than under the authority of a licence under this Act,

(d)

the auctioneer must comply with any direction given to the auctioneer by the NICC or the Secretary as to the quantity or type of liquor that may be sold by auction or as to the manner or frequency in which liquor is sold by auction.

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Section 6 — Exemptions from Act — Casino Control Regulation 2019 (New South Wales) — Barrister AI