1   Name of Regulation

This Regulation may be cited as the Liquor (Transitional Provisions) Regulation 1983.

2   Commencement

This Regulation shall commence on the date appointed and notified under section 2 (2) of the Liquor Act 1982.

Editorial note. Date appointed: 1.7.1983, see Gazette No 74 of 20.5.1983, p 2181.

3   Interpretation

In this Regulation, words and expressions have the same meaning as they have in Schedule 3 to the Liquor (Repeals and Savings) Act 1982.

4   Advertisement of certain applications

An application made under the repealed Act and not heard and determined before the appointed day shall, if a licensing magistrate so directs, be advertised as if it had been made on the appointed day.

5   Off-licence (wholesale)

Clause 1 of Schedule 3 to the Liquor (Repeals and Savings) Act 1982 has effect as if the Table to that clause had been amended:

(a)  by inserting in Column 1 after the matter relating to a spirit merchant’s licence the words “Spirit merchant’s licence authorising the sale of liquor only to persons authorised to sell liquor”, and

(b)  by inserting in Column 2 opposite those words the words “Off-licence to sell liquor to persons authorised to sell liquor”.

6   Disciplinary provisions

Clause 16 of Schedule 3 to the Liquor (Repeals and Savings) Act 1982 has effect as if it had been amended by omitting “section 123” and by inserting instead “section 78T, 123”.

7   Removal of Australian wine licence

(1)  Clause 8 of Schedule 4 to the Liquor (Repeals and Savings) Act 1982 does not apply to or in respect of an Australian wine licence if, immediately before the appointed day, a conditional grant of an application for its removal was in force or a conditional application for its removal was pending before the court.

(2)  Clause 10 (4) of Schedule 3 to the Liquor (Repeals and Savings) Act 1982 applies to and in respect of an application referred to in subclause (1) for the removal of an Australian wine licence to which, but for that subclause, clause 8 of Schedule 4 to that Act would apply.

(3)  An Australian wine licence removed pursuant to an application referred to in subclause (1) shall be so removed as the class of corresponding licence determined by the court when granting the application.

(4)  If an application referred to in subclause (1) is refused, the licence to which the application relates ceases to have any force or effect.

8   Sale of cider, mead or perry under Australian wine licence

A condition deemed, by clause 2 of Schedule 4 to the Liquor (Repeals and Savings) Act 1982, to have been imposed in respect of a licence shall not prohibit the sale or supply on the licensed premises to which the licence relates of cider, perry or mead.

Historical notes

The following abbreviations are used in the Historical notes:

Table of amending instruments

Liquor (Transitional Provisions) Regulation 1983 published in Gazette No 74 of 20.5.1983, p 2185 and amended in Gazette No 178 of 21.12.1984, p 6357.

Table of amendments