66 Additional substances prescribed as liquor
(1) The following substances are prescribed as liquor under paragraph (c) of the definition of liquor in section 4 (1) of the Act:(a) an alcohol-based food essence 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,(b) any vapour that would, as a liquid, be a beverage as referred to in paragraph (a) of that definition.(2) In this clause:alcohol-based food essence means a food flavouring preparation in liquid form that, at 20° Celsius, contains more than 1.15 per cent ethanol by volume.
67 High alcohol-based food essences prescribed as liquor for certain purposes
(1) In this clause:high alcohol-based food essence means a food flavouring preparation in liquid form that, at 20° Celsius, contains more than 35% ethanol by volume, but does not include a preparation in liquid form that is promoted as a food colouring preparation and is used primarily for the purpose of colouring food.
(2) High alcohol-based food essence is prescribed as liquor under paragraph (c) of the definition of liquor in section 4 (1) of the Act, but only for the purposes of section 117 (1)–(5) and (12) of the Act.Note. As a result of this provision, it will be an offence under the Act to sell or supply high alcohol-based food essences to minors.(3) This clause commences on 1 January 2009.
68 Definition of “non-proprietary association”
For the purposes of paragraph (c) of the definition of non-proprietary association in section 4 (1) of the Act, any community organisation established in connection with a school and that consists of parents of children attending the school together with other persons who are interested in the welfare of the school is prescribed as a non-proprietary association.
69 Definition of “person authorised to sell liquor”
For the purposes of paragraph (d) of the definition of person authorised to sell liquor in section 4 (1) of the Act, the holder of a licence under section 10 of the Act (as modified and applied to and in respect of a casino in accordance with section 89 (2) of the Casino Control Act 1992) is prescribed as a person authorised to sell liquor.
70 Exemption from the Act relating to the sale of liquor by auction—prescribed requirements
(1) For the purposes of section 6 (1) (d) of the Act, the following requirements are prescribed:(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 Authority must be notified, in the form and manner approved by the Authority, that the auctioneer sells liquor by auction otherwise than under the authority of a licence under the Act,(d) the auctioneer must comply with any direction given to the auctioneer by the Authority or the Director 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.(2) Subclause (1) (c) does not apply in relation to a person who, immediately before 1 July 2008, held an off-licence under the former Act authorising the person to auction liquor on behalf of a person not authorised to sell liquor.
71 Exceptions from requirement that hotel or on-premises licence cannot operate as invitation-only venues
For the purposes of sections 17 (3) and 28 (3) of the Act, each of the businesses specified in Column 1 of the following table may be or include a business limited at any time only to selling or supplying liquor to the particular class or classes of persons specified in Column 2 opposite the business concerned.
Table
Column 1
Column 2
Business
Class/classes of persons
The business carried on under a hotel licence relating to premises that are used and occupied at The Station Resort, Jindabyne at Lot 13 Dalgety Road, Jindabyne, by Perisher Blue Pty Limited.
The class of persons resorting to the premises comprising the staff and guests of the hotel.
The business carried on under an on-premises licence relating to premises that the Authority is satisfied are used and occupied at the British Aerospace Flight Training Academy at Basil Brown Drive, Tamworth, by British Aerospace Flight Training (Australia) Pty Limited.
The class of persons resorting to the premises comprising the staff and students of the Academy and their guests.
The business carried on under an on-premises licence relating to premises that the Authority is satisfied are used and occupied by or on behalf of GIO Australia Limited and being the Mona Vale Conference Centre located at 33 Bassett Street, Mona Vale, Sydney.
The class of persons resorting to the premises comprising those persons who are attending a conference or function on or at the premises.
The business carried on under an on-premises licence relating to premises within a hospital, nursing home, aged care facility or retirement village.
The class of persons resorting to the premises comprising the staff, patients and residents of the hospital, nursing home, aged care facility or retirement village, and their guests.
The business carried on under an on-premises licence relating to premises operated by a surf life saving club.
The class of persons resorting to the premises comprising staff, members and guests of the club.
The business carried on under an on-premises licence relating to premises used and occupied by Morris Corporation (Aust) Pty Ltd, being the mess facilities at the Bemax-Gingko Mine Site near Pooncarie.
The class of persons resorting to the premises comprising the staff of the mine and other persons permitted to use the mess facilities.
For the purposes of section 133 (2) (d) of the Act, a draft local liquor accord must include a list of the key objectives of the accord.
73 Disciplinary action—persons authorised to make complaints
For the purposes of section 139 (1) (c) of the Act, a complaint to the Authority under Part 9 of the Act in relation to a licensee, manager or close associate of a licensee may be made by the local consent authority for the licensed premises concerned.
74 Penalty notice offences and penalties
(1) For the purposes of section 150 of the Act:(a) each offence created by a provision specified in Column 1 of Schedule 2 is prescribed, and(b) the prescribed penalty for each such offence is the amount specified opposite the provision in Column 2 of Schedule 2.(2) If the reference to a provision in Column 1 of Schedule 2 is qualified by words that restrict its operation to specified kinds of offences or circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.
75 Denial of allegation as to age
For the purposes of section 152 (2) of the Act, an allegation in relation to any proceedings for an offence under the Act or this Regulation is denied as prescribed if it is denied:(a) at any adjournment prior to the commencement of the proceedings—by informing the court, the informant or a person appearing for the informant in writing of the denial, or(b) at any time not later than 14 days before the hearing of the charge—by informing the informant or a person appearing for the informant in writing of the denial.
77 Application for review of disqualification by Authority
An application to the Authority under section 154 of the Act for removal of a disqualification of more than 3 years imposed by the Authority under section 141 (2) of the Act must:(a) specify the grounds on which the application for removal of the disqualification is made, and(b) be accompanied by a fee of $250.
78 Exceptions to 6-hour closure requirement
(1) Specific exception relating to 2010 FIFA World Cup matches
If:(a) a special occasion extended trading authorisation relating to a 2010 FIFA World Cup match is granted in respect of licensed premises, and(b) the licence was not, immediately before the granting of the authorisation, subject to the condition under section 11A (2) of the Act,that condition does not apply in relation to the licence at any time on the day on which the authorisation is in force.(2) General exception during period when special occasion late trading is authorised
Without limiting the operation of subclause (1), if, in the case of a licence to which section 11A applies:(a) a special occasion extended trading authorisation is granted in respect of the licensed premises, and(b) any part of the 6-hour closure period that, but for this subclause, would apply to the licensed premises occurs during the same period that the authorisation is in force,section 11A (2) of the Act does not apply in relation to the licence during that same period (but otherwise continues to apply to any remaining part of the 6-hour closure period occurring on the day the authorisation is in force).
79 Extension of temporary freeze on licences and other authorisations
For the purposes of the definition of freeze period in section 47A (1) of the Act, 24 December 2013 is prescribed as the day on which the freeze period ends.
80 Definition of “metropolitan area”—section 66 of Act
For the purposes of section 66 of the Act, a metropolitan area comprises the following local government areas:Ashfield, Auburn, Bankstown, Blacktown, Blue Mountains, Botany Bay, Burwood, Camden, Campbelltown, Canada Bay, Canterbury, Fairfield, Gosford, Hawkesbury, Holroyd, Hornsby, Hunter’s Hill, Hurstville, Kogarah, Ku-ring-gai, Lake Macquarie, Lane Cove, Leichhardt, Liverpool, Manly, Marrickville, Mosman, Newcastle, North Sydney, Parramatta, Penrith, Pittwater, Randwick, Rockdale, Ryde, Strathfield, Sutherland, Sydney, The Hills, Warringah, Waverley, Willoughby, Wollondilly, Wollongong, Woollahra, Wyong.