Gaming and Liquor Administration Regulation 2024

This regulation is the Gaming and Liquor Administration Regulation 2024.

This regulation commences on 1 September 2024.

Note—

This regulation replaces the Gaming and Liquor Administration Regulation 2016, which is repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

In this regulation—

the Act means the Gaming and Liquor Administration Act 2007.

Note—

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

For the Act, section 13A(1), the following applications are prescribed—

an application for the granting, or removal to other premises, of the following under the Liquor Act 2007—

a hotel licence,

a club licence,

an on-premises licence relating to a public entertainment venue other than a cinema or theatre,

a packaged liquor licence, other than a packaged liquor licence limited to the sale of liquor by telephone, facsimile, mail order or the internet,

an application for an ongoing extended trading authorisation in relation to a licence specified in paragraph (a), if the authorisation would allow trading after midnight,

an application to vary or revoke a condition imposed by the Authority on a licence specified in paragraph (a)(i)–(iii), if the variation or revocation would allow trading after midnight,

an application under the Gaming Machines Act 2001, section 34 to increase a gaming machine threshold, if the application must be accompanied by a local impact assessment under that Act, section 35,

an application specified in section 6, if a delegation given by the Authority to a Public Service employee to exercise the Authority’s decision-making function in relation to the application is in force.

For the Act, section 17(2)(b), the persons and bodies listed in Schedule 1 are prescribed.

For the Act, section 36A(1), definition of reviewable decision, paragraph (d), the following applications are prescribed—

an application under the Liquor Act 2007 for the following—

the granting, or removal to other premises, of a small bar licence,

the granting of an on-premises licence relating to a restaurant, if the application is made in conjunction with an application for endorsement of the licence under the Liquor Act 2007, section 24(3),

the removal to other premises of a small bar licence relating to a restaurant,

the granting, or removal to other premises, of an on-premises licence relating to a karaoke bar, catering service or vessel,

the granting of a producer/wholesaler licence, if the application is made in conjunction with an application for endorsement of the licence under the Liquor Act 2007, section 50,

the removal to other premises of a producer/wholesaler licence,

the granting, or removal to other premises, of a packaged liquor licence subject to a condition that the licensee may only sell liquor by telephone, facsimile, mail order or the internet,

an application under the Liquor Act 2007 for an extended trading authorisation in relation to a licence specified in paragraph (a), if the authorisation would allow trading after midnight on a regular basis.

For the Act, section 36A(2), an application for review must—

be made within 28 days after the day on which—

for a reviewable decision made by the Secretary—the decision was made, or

for another reviewable decision—notice of the decision was published on the Department’s website, and

specify the grounds on which the application for review is made, and

if the reviewable decision was provided in writing to the review applicant—be accompanied by a copy of the decision, and

be accompanied by—

for an application for review of a delegated decision made under the Liquor Act 2007, if the review applicant was also the original applicant—a fee of an amount equivalent to the fee specified in the regulations made under that Act for making the original application, or

for an application for review of a delegated decision made under the Liquor Act 2007, if the review applicant was not the original applicant—a fee of $100, or

for any other application—a fee of $500.

As soon as practicable after making the application for review, the review applicant must give a copy of the application for review to the original decision-maker.

In this section—

delegated decision has the same meaning as in the Act, section 36A(1)(d).

original applicant means the person who applied for the decision the subject of an application for review under the Act, section 36A(2).

review applicant means the person applying for a review under the Act, section 36A(2).

The following decisions are prescribed—

a decision of the Authority under the Act, section 36A in relation to a reviewable decision within the meaning of that section,

a decision of the Secretary under the Liquor Act 2007, section 81,

a decision of the Authority under the Liquor Act 2007, section 82, 84, 141 or 154,

a decision of the Authority under the Liquor Act 2007 relating to the granting of a licence, authorisation or approval to which the full notification application, within the meaning of the regulations made under that Act, relates,

a decision of the Authority made in relation to an application specified in section 6,

a decision of the Authority made by a designated Public Service employee acting under a delegation given by the Authority in relation to an application specified in section 6,

a decision of the Authority in relation to an application specified in section 4(c)–(e).

For the Act, section 46(2), offences against the following provisions of the Act are prescribed penalty notice offences—

section 34(1),

section 34(4),

section 34A(4).

For the Act, section 46(4), the prescribed amount is $1,100.

An act, matter or thing that, immediately before the repeal of the Gaming and Liquor Administration Regulation 2016, had effect under that regulation continues to have effect under this regulation.