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Liquor and Gaming (Red Tape Reduction) and other Legislation Amendment Bill 2013
12 June 2013
As you are aware the Liquor and Gaming (Red Tape Reduction) and other Legislation Amendment Bill 2013 has been passed and is now the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013.
This new Act amends numerous pieces of legislation including the Liquor Act 1992 and the Gaming Machine Act 1991.
The most significant of those amendments for the hospitality industry are as follows:
Gaming Machine Act 1991
- Removal of the requirement for Gazette and Newspaper advertising in relation to Gaming Applications of significant Community Impact;
- Removal of the requirements for lodgement of a copy of the Certificate of Incorporation, Constitution, Minutes of Meeting and last audited balance sheet of a company in relation to applications by companies for Gaming Machines Licences in relation to Hotels;
- Removal of the requirement for Gaming Machine Licences to have an expiry date and consequently removal of the requirement to renew Gaming Machine Licences for Hotels and Clubs;
- Removal of the due date by which gaming machines must be installed on both the grant of a new Gaming Machine Licence and on an increase approval for hotels;
- Amendment of the timeframe for club entitlements to be transferred on a permanent basis following approval of decrease applications from 1 year to 2 years;
- Amendment of the timeframe to transfer entitlements after cessation of gaming at a club from 1 year to 2 years;
- Amendment of the provisions where there is a change to executive officers of Clubs and Hotels so that Hotels and Clubs will only be required to advise once a year of appointments and resignations of executive officers. The previous 7 day requirement for notification will still apply where the relevant change is made during the course of processing of a Gaming Machine Licence Application;
- Removal of the requirement for Clubs and Hotels to obtain approval to acquire and dispose of the physical gaming machines.
Liquor Act 1992
- Insertion of various new definitions including definitions of a fundraising event and commercial complex;
- Insertion of a new section dealing with an exemption for the sale of liquor at fundraising events which includes provisions giving an investigator or police officer the power to issue a non-compliance notice in relation to a fund raising event if at the time the investigator or police officer considers that the entity doesn't qualify for the exemption;
- Removal of the requirement for a RAMP in relation to an Application for a Subsidiary On-Premises Meals Licence relating to "low risk premises" - e.g. premises which don't trade after midnight;
- Insertion of the ability for the Commissioner to waive the requirement for a CIS in relation to an Application for a Subsidiary On-Premises Meals Licence in certain circumstances, for example if it is located in a commercial complex and there will be no extended trading hours approval for trading between 12am to 5am;
- Removal of the requirement for Gazette and newspaper advertising in relation to all liquor applications leaving only the requirement for a notice of advertising. In relation to detached bottleshop applications no advertising at all will be required (i.e. no notice will be required to be displayed) unless the detached bottleshop will be open for business after 10pm or the Commissioner gives a notice requiring the advertising because the premises are not situated in a commercial complex or the Commissioner reasonably considers the amenity of the community may be adversely affected by the grant of the application;
- Removal of the requirement to keep an Approved Managers Register on the Premises.
The change in advertising requirements for liquor applications will not commence until 1 January 2014.
In terms of the other amendments the date of commencement is not yet published and we will advise of these dates when they are known.
The next round of red tape reduction measures is expected later this year.
For more information contact:
Michael Potts | Partner
t +61 7 3224 0300
f +61 7 3224 0333
Louise Wallace | Partner
t +61 7 3224 0231
f +61 7 3224 0333