Transitional provisions relating to the Liquor and Gaming Legislation Amendment Act 2006
Schedule 1A Transitional provisions relating to the Liquor and Gaming Legislation Amendment Act 2006
[s. 177]
[Heading inserted: No. 73 of 2006 s. 104; amended: No. 20 of 2025 s. 67.]
1. Terms used
In this Schedule, unless the context otherwise requires —
commencement day means the day on which the Liquor and Gaming Legislation Amendment Act 2006 section 103 comes into operation;
Court means the Liquor Licensing Court preserved and continued under section 8 of the former Act;
former Act means this Act as in force immediately before the commencement day;
new Act means this Act as in force on the commencement day.
[Clause 1 inserted: No. 73 of 2006 s. 104.]
2. Liquor Licensing Court
The Court is abolished —
on the commencement day; or
if subclause (2) applies — on the date specified in the notice under subclause (3).
The Court is to continue in operation on and after the commencement day for the purposes of continuing to deal with any application or matter referred to in clause 5(1) that the Court has begun, but not completed, hearing or determining.
When the Minister is satisfied that there is no further application or matter to be dealt with by the Court under clause 5(1), the Minister is to publish a notice in the Gazette specifying the date on which the Court is to cease to continue in operation under that subclause.
[Clause 2 inserted: No. 73 of 2006 s. 104.]
3. Liquor Licensing Court judge
The person holding office, immediately before the commencement day, as the Liquor Licensing Court judge referred to in section 9 of the former Act ceases to hold that office on the abolition of the Court under clause 2.
[Clause 3 inserted: No. 73 of 2006 s. 104.]
4. Pending cases stated and appeals to Supreme Court
If a case stated on a question of law to the Supreme Court under section 27 of the former Act has not been determined immediately before the commencement day, the question of law is to be determined under that section on or after that day by the Court of Appeal.
If an appeal made to the Supreme Court under section 28 of the former Act has not been determined immediately before the commencement day, the appeal is to be determined under that section on or after that day by the Court of Appeal.
[Clause 4 inserted: No. 73 of 2006 s. 104.]
5. Pending applications and matters
Subject to subclause (2), if the licensing authority has begun, but not completed, hearing or determining an application or matter immediately before the commencement day, the application or matter is to continue to be dealt with on or after that day in accordance with the relevant provisions of the former Act.
If the licensing authority has begun, but not completed, hearing or determining an application for a cabaret licence immediately before the commencement day, the application is to continue to be dealt with on or after that day as an application for a nightclub licence under the new Act.
If —
an application or matter was before the licensing authority under the former Act; but
the licensing authority has not begun to hear or determine the application or matter immediately before the commencement day,
the application or matter is to be dealt with on or after that day in accordance with the relevant provisions of the new Act.
If —
the Court determined under the former Act that an application or matter is to be referred to or further considered by the Court; and
the application or matter has not been referred to or further considered by the Court immediately before the commencement day,
then, on or after that day, the application or matter may be referred to or further considered by either the Director or the Commission under the new Act.
[Clause 5 inserted: No. 73 of 2006 s. 104.]
6. Licences granted and permits issued by Liquor Licensing Court
A licence granted or a permit issued by the Court that has effect immediately before the commencement day continues to have effect, on and after that day, as if it had been granted or issued by the Commission.
[Clause 6 inserted: No. 73 of 2006 s. 104.]
7. Cabaret licences
A cabaret licence granted under section 42 of the former Act that has effect immediately before the commencement day continues to have effect, on and after that day, as a nightclub licence granted under that section of the new Act.
A reference in a written law or other document or instrument to a cabaret licence may, where the context so requires, be read as if it had been amended to be a reference to a nightclub licence.
[Clause 7 inserted: No. 73 of 2006 s. 104.]
8. Courses of training and assessments
For the purposes of the application of paragraph (c) of section 35B(3) of the new Act to a person who was employed as a manager immediately before the commencement day, the period referred to in that paragraph is to be taken to be the period of 12 months after that day.
[Clause 8 inserted: No. 73 of 2006 s. 104.]
9. References to Liquor Licensing Court and Liquor Licensing Court judge
A reference in a written law or other document or instrument to the Court may, where the context so requires, be read as if it had been amended to be a reference to the Commission.
A reference in a written law or other document or instrument to the Liquor Licensing Court judge, or a Liquor Licensing Court judge, may, where the context so requires, be read as if it had been amended to be a reference to the Commission.
[Clause 9 inserted: No. 73 of 2006 s. 104.]
10. Transitional regulations
If this Schedule does not provide sufficiently for a matter or issue of a transitional nature that arises as a result of the amendments made to this Act by the Liquor and Gaming Legislation Amendment Act 2006, the Governor may make regulations under this clause (transitional regulations) prescribing all matters that are required, necessary or convenient to be prescribed for providing for the matter or issue.
If the transitional regulations provide that a state of affairs specified or described in the regulations is taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement day, the regulations have effect according to their terms.
If the transitional regulations contain a provision referred to in subclause (2), the provision does not operate so as —
to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the day of publication of those regulations; or
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 day of publication of those regulations.
[Clause 10 inserted: No. 73 of 2006 s. 104.]
This provision refers to the regulations (may make regulations
, the regulations
). Made under this Act:
- Liquor Control (Bayulu Restricted Area) Regulations 2013
- Liquor Control (Bungardi Restricted Area) Regulations 2017
- Liquor Control (Cheeditha Restricted Area) Regulations 2012
28 more instruments made under this Act are listed on the Act’s overview.
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