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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
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Liquor Licensing (Liquor Review) Amendment Bill

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (12:03): Obtained leave and introduced a bill for an act to amend the Liquor Licensing Act 1997 and to make related amendments to various acts. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (12:03): I move:

That this bill be now read a second time.

South Australia is recognised internationally for its fine food and wine. This sector is of vital importance to South Australia's economy and reputation. South Australia must work to enhance this sector but in a way that maintains a safe drinking culture. The government's goal is to ensure that the liquor licensing regime in South Australia reflects contemporary standards and ensures that there are adequate safeguards in place to protect the public, while supporting a safe, vibrant hospitality industry that has become a central part of our economy and our state.

In recognising the importance of the sector and the need to provide efficiency in the regulation of liquor licences but also to promote a safe drinking culture, the government appointed former Supreme Court Justice the Hon. Tim Anderson QC to conduct a review of the liquor licensing laws in South Australia. The terms of reference for the review included assessment of the existing liquor licensing regime under the Liquor Licensing Act 1997 and the development of recommendations for improving the regime to reduce red tape, promote safer drinking and allow greater flexibility to encourage innovative business models. I seek leave to have the remainder of the second reading explanation inserted in Hansard without my reading it.

Leave granted.

Mr Anderson's report entitled the 'Review of the South Australian Liquor Licensing Act 1997' dated 29 June 2016, contained 129 recommendations. In conducting his review, Mr Anderson considered 89 written submissions received in response to the discussion paper released by Consumer and Business Services. Mr Anderson then held face to face discussions with 58 industry organisations, health groups, councils and other interested parties for further elaboration on information. Mr Anderson also considered the legislation and liquor licensing models used in other jurisdictions, both interstate and overseas.

The Government accepted the vast majority of the recommendations in full, in part or in principle, in its response to the recommendations made by Mr Anderson.

This Bill seeks to implement a comprehensive raft of amendments to the Act arising from the independent review undertaken by Mr Anderson.

This Bill has been informed by a comprehensive consultation process. In addition to the consultation that occurred as part of Mr Anderson's review, the Government undertook a seven week consultation process by releasing a draft Bill for public comment in November 2016.

As part of the consultation process the Government analysed the feedback from respondents during the consultation process and, where considered appropriate by the Government, made adjustments to the Bill.

Music and events industry representatives have outlined to me issues encountered in arranging music festivals and events. I have considered their concerns and it appears that many of the issues raised may be resolved by better coordination between regulating authorities. In addition to the amendments proposed in this Bill, the Government will consider mechanisms to better facilitate coordination, including case management beginning at the application stage involving Consumer and Business Services, SA Police and councils.

The broad measures in the Bill are designed to:

reduce red tape for new and existing licensees in the liquor supply market;

increase efficiency in the regulation of liquor licensing in this State; and

enhance measures for safe drinking, including for the enforcement of offences under the Act.

The previous comprehensive review of the liquor licensing framework occurred around two decades ago in 1996. The reforms in this Bill seek to modernise the liquor licensing framework, to ensure it meets current community expectations and standards.

The reforms that are aimed at reducing red tape within the industry include:

removing restrictions on the sale of liquor on Sundays, Christmas Day, Good Friday, New Year's Eve and New Year's Day;

introducing an automatic extension for trading on New Year's Eve until 2am on New Year's Day;

removing requirements for designated areas within licensed premises;

removing the obligation for meals from some new classes of licences;

introducing a process of notifications in relation to the fit and proper assessment for members of a committee of management of a club; and

removing restrictions in relation to the sharing of licensed premises.

The reforms that are aimed at increasing efficiency, including during the application process, include:

streamlining the classes of licences, which have reduced the number of classes;

replacing the existing objections process for advertised applications, including new licence applications, with a submissions based process;

replacing the 'needs test' in sections 58 and 61 of the Act with a test based on community interest;

removing most notification and advertising requirements for licence applications;

removing the requirement for a separate consent for extended trading hours;

removing the requirement for entertainment consent other than for prescribed entertainment as defined in the Act;

providing for the temporary approval of responsible persons; and

removing the need for crowd controllers, that are already licensed under the Security and Investigation Industry Act 1995 to then again be approved under the Act.

The reforms that are aimed at promoting a safe drinking culture include:

strengthening the focus of harm-minimisation through amendments to the objects of the Act;

introducing a three hour liquor break in trade for late night venues between the hours of 3am and 8am;

creating a Non-Compliance Register to publish details of licensees who have been convicted of an offence against the Act;

tightening the laws regarding secondary supply of liquor to minors;

introducing further eligibility criteria within the fit and proper person assessment;

restricting the hours for the sale of packaged liquor; and

tightening the laws regarding the sale of liquor through the internet or by telephone, otherwise known as direct sales.

Reforms aimed at promoting a safe drinking culture, through increased enforcement include:

making various offences under the Act expiable to improve enforcement;

providing the Liquor and Gambling Commissioner ('the Commissioner') with wider powers to deal with repeat breaches of the Act or serious offences;

providing the Commissioner with power to direct a licensee, responsible person or person who sells, offers for sale or serves liquor on licensed premises to undertake specified accredited training;

introducing further provisions to reverse the onus for offences relating to the sale or supply of liquor to minors and intoxicated persons;

increasing the power of the Licensing Court to impose injunctions;

widening the circumstances where the Licensing Court may award costs;

widening the circumstances for a welfare barring order against a person to include the risk to the welfare of a family member not residing with that person;

providing a power to seize false, fraudulent or stolen identification documents;

widening the power of a prescribed person to require evidence of age;

reforming the hours that a minor may be present on licensed premises; and

introducing a legislative process for liquor accords.

There are also other administrative and technical reforms incorporated into the Bill, including:

amendment to streamline the appointment of inspectors.

insertion of new section 11AA to allow for the Commissioner to publish a determination and to exclude personal, confidential, commercial sensitive information and information where publication would be contrary to public interest and otherwise inappropriate to publish.

insertion of new section 15A providing for a Registrar of the Licensing Court to be appointed on a basis determined by the Minister. Currently the Act does not have a provision for a Registrar of the Licensing Court, but rather the function is performed by the Clerk under the Licensing Court Rules.

replacement of the term 'lodger' with the term 'resident on licensed premises'.

I would like to elaborate on some of the more significant reforms.

Licence classes

The Bill deletes and replaces current Part 3 Division 2, with the new regulatory model of licence classes ('new licensing scheme'). The proposed new classes of licence are:

General and Hotel Licence, which replaces the Hotel Licence.

On Premises Licence, which replaces the Entertainment Venue Licence.

Residential Licence, which essentially remains the same.

Restaurant and Catering Licence, which replaces the Restaurant Licence.

Club Licence, which amalgamates both the Club Licence and Limited Club Licence.

Small Venue Licence, which essentially remains the same.

Packaged Liquor Sales Licence, which amalgamates both the Retail Liquor Merchant's Licence and Direct Sales Licence.

Liquor Production and Sales Licence, which amalgamates both the Producer's Licence and Wholesale Liquor Merchant's Licence.

Short Term Licence, which replaces the Limited Licence.

Special Circumstances Licence is abolished.

The new licensing scheme removes current onerous and outdated trading restrictions and seeks to make the licence classes more flexible to meet community expectations. The following restrictions have been removed:

restrictions on the sale of liquor on Sundays, Christmas Day, Good Friday, New Year's Eve and New Year's Day;

requirements for designated areas within licensed premises; and

obligation for meals for some new classes of licences.

Under the new General and Hotel Licence, Club Licence and Packaged Liquor Sales Licence trading hours for the sale of packaged liquor have been reduced to between the hours of 8am and 10pm (which must not exceed 13 hours).

The new Restaurant and Catering Licence includes the existing safeguards around selling liquor without a meal, to avoid any risk of restaurants operating as bars. One of those safeguards is that subject to the Act and the conditions of the licence, the holder of a Restaurant and Catering Licence may sell liquor without a meal to a person attending a function at which food is provided or to a person seated at a table. Similar restrictions are contained in the new Residential Licence and new Liquor Production and Sales Licence. The new Restaurant and Catering Licence is extended to capture caterers, as recommended in Mr Anderson's report. It is also intended for the new licence to extend to cooking schools to be prescribed in the regulations under new section 35(1)(b)(i).

The new Club Licence includes provisions to remove administrative burden on clubs that wish to hold a club event involving the sale or supply of liquor outside of the licensed premises. Rather than having to apply for a licence (such as a Limited Licence), under the new Club Licence a club may seek a club event endorsement on its licence. Similarly under a Club Licence, a club may seek a club transport endorsement to allow the sale, supply or consumption of liquor by members of the club on a public conveyance specified in the endorsement for the purposes of transporting members to and from club activities specified in the endorsement. The licensing authority will still regulate these activities as clubs will be required to supply relevant information to the licensing authority for the grant of an endorsement.

The new Liquor Production and Sales Licence reduces administrative burden for producers by extending the current producer's event endorsement to cover sites other than within a particular wine region and to sell or supply products other than the licensee's own product, to be called a production and sales event endorsement.

The New Packaged Liquor Sales Licence is aimed to reduce the current level of uncertainty associated with section 37(2) of the Act, which requires that the licensed premises must be devoted entirely to the business conducted under the licence and must be physically separate from premises used for other commercial purposes. The Bill seeks to clarify the meaning of physical separation in relation to proposed licensed premises and premises used for other commercial purposes (such as supermarkets) under the proposed new Packaged Liquor Sales Licence. The Bill requires:

the licensed premises be separated from the other premises by a permanent barrier that is not transparent and is of a height of at least 2.5 metres; and

the licensed premises cannot be accessed from the other commercial premises. However in relation to retail premises in a shopping centre, accessibility from a common area, such as a mall or thoroughfare, will be allowed.

The regulations will prescribe premises where a Packaged Liquor Sales Licence may not be granted unless there is proper reason to do so under proposed new section 38(7).

The Bill creates a temporary licence class known as a Short Term Licence. The Bill allows for different classes of Short Term Licence to be prescribed by the regulations. The regulations will prescribe the detail relating to Short Term Licences including application requirements, fees and the maximum term for each class (which may not be more than three years). Depending on the class of licence, it is expected that the grant of the licence may be by application or notification. For low risk events, the application or notification process in relation to Short Term Licences is intended to be an expedited process. To allow for this the Bill enables the regulations to provide that provisions of Part 4 of the Act do not apply or apply with prescribed variations.

Transition of existing licences to the new classes

The transitional provisions in Schedule 2 of the Bill are aimed at facilitating a smooth transition for existing licences into the new classes of licences. The transitional provisions are also aimed to provide a mechanism by which the information and conditions contained on existing licences is cleansed to ensure that it aligns with the reforms and contains the necessary information for enforcement purposes, such as the actual hours of trade and the hours between which there will be a break in trade. Mr Anderson was clear in his report that the actual trading hours of a business should be detailed on the licence to aid in enforcement.

For most licences, there will be an easy transition to the new class of licence because the transitional provisions will automatically convert existing licences to the new corresponding licence. In the case of existing Special Circumstances Licences, these will be converted to either a General and Hotel Licence, Packaged Liquor Sales Licence or an On Premises Licence depending on the model of operation. However the Commissioner may on application, or on the Commissioner's own initiative, issue the holder of an existing Special Circumstances Licence with a different class of licence if appropriate taking into account the trade authorised under the licence.

In the case of existing Limited Licences, they will not transition but rather continue to apply until the expiry of the licence.

Pursuant to the transitional provisions, existing trading hours will be preserved on transition. In order to give effect to the break in trade and the reforms removing trading restrictions, the Commissioner is given the power to vary trading hours by written notice to the licensee. In addition, if a licensee wishes to reduce the trading hours authorised under the licence, they may apply to the Commissioner within two years after the commencement of the new licensing scheme. The intention is that existing authorised trading hours will continue to apply (subject to the break in trade provisions and trading restrictions removed by the reforms). For example, a bottle shop with existing authorised trading hours beyond 10pm, may continue to trade beyond 10pm despite the restricted hours authorised under the new Packaged Liquor Sales Licence.

The transitional provisions also provide that existing conditions (which includes terms of a licence, an authorisation or any other right or limitation set out in a licence) will be preserved on transition. For example, this would mean that a Club Licence with authorisation to sell packaged liquor to members, may continue to sell packaged liquor but only to its members.

The Commissioner will have a broad discretion to, by written notice, add, substitute, vary or revoke a condition on a licence for a period of two years following the commencement of the new licensing scheme. The power is however limited to conditions where the Commissioner is of the opinion that it is necessary or desirable as a consequence of the reforms, or because the matter should be dealt with or addressed under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016 or for such other reason as the Commissioner thinks fit. This power is considered necessary in order to better align the licences with the reforms and to remove unnecessary conditions, which were highlighted in Mr Anderson's report. One such example of a condition, which was highlighted in Mr Anderson's report, was a condition requiring the licensee to ensure that its rubbish bins are emptied or replaced no less than twice per week and that the lids on the bins should be fully closed.

If for some reason a licensee does not agree with the exercise of the discretion by the Commissioner, the licensee may apply to the Licensing Court for a review within one month after the licensee receives the notice.

Community interest test

The Act currently requires applicants for the grant or removal of a Hotel Licence and a Retail Liquor Merchant's Licence to satisfy the licensing authority that the licence is necessary in order to provide for the needs of the public in that locality. This is known as the 'needs test'.

In accordance with the recommendation by Mr Anderson, the Bill replaces the 'needs test' with a test based on the concept of community interest. This will refocus the application process on community interest, rather than focusing solely on competition. It will also widen the scope of applications subject to the test. Only designated applications will be subject to the new test, these are applications for the grant or removal of a designated licence and applications determined by the licensing authority to be a designated application by applying the Community Impact Assessment Guidelines.

The Bill defines a designated licence as a General and Hotel Licence, On Premises Licence (with certain exceptions), Club Licence and Packaged Liquor Sales Licence (not direct sales).

The new community interest test will consider:

harm that might be caused (whether to a community as a whole or a group within a community) due to excessive or inappropriate consumption of liquor; and

the cultural, recreational, employment or tourism impacts; and

the social impact in, and the impact on the amenity of, the locality of the premises or proposed premises; and

any other prescribed matter.

The licensing authority must apply the Community Impact Assessment Guidelines in assessing the community interest. The Community Impact Assessment Guidelines are published by the Commissioner by notice in the Gazette.

It is intended that the Guidelines will provide the criteria for when the licensing authority will determine whether an application should satisfy the new test. In addition it is intended that the Guidelines will outline a two tiered level of assessment for applications that must satisfy the community interest test, with Tier 1 being less onerous than Tier 2. Tier 2 assessment will require more detailed information and evidence to support the application. A Tier 2 assessment is expected to be for high risk premises, including pubs, night clubs and bottle shops.

Submissions process

Mr Anderson describes that many of the respondents to the review expressed that the objections process within the current application process results in delay and cost for an applicant.

The Bill replaces the objections process under the Act with a process based on written submissions. The main features of the proposed new process include:

Written submission in relation to an advertised application must be lodged at least seven days before the day appointed for the determination or hearing. The licensing authority will have the discretion to accept late submissions.

Submissions must be based on the grounds outlined in new section 77(2).

The Commissioner will have an absolute discretion in accordance with the rules of natural justice to invite written submissions from particular bodies or persons in relation to a particular application. These submissions will not be limited and may be made on any ground.

The Commissioner will have an absolute discretion to decide whether to endeavour to resolve an application by conciliation, where there have been one or more written submissions opposing the application.

The Commissioner will have an absolute discretion to decide whether to determine an application entirely on the basis of the application and written submissions, or to hold a hearing in relation to the application.

The Commissioner will have an absolute discretion to refer an application for hearing and determination to the Licensing Court, other than an application relating to a Small Venue Licence. A person who has made a written submission will be taken to be a party to the proceedings before the Licensing Court.

There have also been changes to the rights of review in relation to a decision of the Commissioner to align with the new submissions process.

Councils

The Bill also changes the way in which councils are involved in the application process.

Mr Anderson raised a concern that the ability of councils to intervene or object to an application often requires an applicant to address the same issues that were previously considered at the planning level. Another issue raised by Mr Anderson was that some of the conditions on the liquor licences are duplicates of those conditions already imposed as part of the approval under the Development Act 1993.

As a way of reducing the duplication, the Bill seeks to refer planning related matters to the process created under the Planning, Development and Infrastructure Act 2016. Therefore written submissions that relate to a matter that is, or should be, dealt with or addressed under the law relating to planning or carrying out building work can be made if a combined assessment panel under the Planning, Development and Infrastructure Act 2016 has been established.

It is important to note that the Commissioner will have a discretion, in accordance with the rules of natural justice, to invite submissions from particular bodies in relation to an application. Therefore, if an applicant is not required to obtain a development approval, the Commissioner will have the ability to invite the local council to provide a submission on planning type matters.

Secondary supply

The Bill seeks to address the social issue of underage drinking by introducing secondary supply provisions in relation to minors. These new provisions are in addition to current section 110, which relates to the sale and supply of liquor to minors on licensed premises.

The new provisions are aimed to protect young people, who are vulnerable members of our community, from behaviour that may have a negative influence on their attitude towards alcohol.

Under new section 110A, the supply of liquor to a minor and the consumption or possession of liquor by a minor will be an offence, unless it is a gratuitous supply occurring in a prescribed place and under certain conditions. These conditions include that the liquor only be supplied by a responsible adult (e.g. the parent) or with their consent by an authorised adult and that it be properly supervised, according to the responsible supervision requirements in the Bill. The prescribed places will include residences, public places or other places prescribed by regulation.

These new provisions will bring South Australia in line with other Australian jurisdictions that have similar restrictions.

Direct sales

In addition to the introduction of secondary supply provisions in relation to minors, the Bill seeks to further regulate the sale and supply of liquor by direct sales, being sales by telephone or internet.

Proposed new section 107A imposes specific requirements in respect to direct sales, in line with the suggestions made by Mr Anderson including:

requiring a licensee to obtain a purchaser's date of birth at the time of taking the order;

requiring a person who delivers liquor to require the person who takes delivery of the liquor to produce evidence of age and to take a record of such evidence; and

prohibiting a person from directing or requesting a minor to take delivery of liquor.

A purchaser will have the ability to instruct a licensee to deliver the liquor in accordance with the purchaser's instructions. This may mean leaving the liquor at premises unattended. It was considered that to require an adult person to accept delivery of the liquor, without the option of allowing delivery unattended, may create inconvenience to purchasers who may not be able to arrange for an adult to accept the delivery.

Seizure of identification

Another aspect to addressing underage drinking is providing police, inspectors and others with the appropriate tools to enforce the law. Mr Anderson outlined that there is no power for enforcement authorities to seize fraudulent or stolen identification.

New section 115A generally follows the model suggested by Mr Anderson. The new provision allows a prescribed person to seize an evidence of age document if certain pre-conditions are satisfied. These are that the prescribed person reasonably believes that:

the person who produced the document is not the person identified in the document; or

the document contains false or misleading information about the name or age of the person who produced the document; or

the document has been forged or fraudulently altered; or

the document is being used in contravention of the Act.

A prescribed person is a police officer, inspector, licensee, responsible person or crowd controller.

Consistent with Mr Anderson's suggestion a passport is exempt from the provisions and may not be seized. Regulations may also prescribe other documents that may not be seized.

A prescribed person must provide a receipt on the seizure of a document, which complies with the prescribed requirements.

The regulations will prescribe procedures relating to the seizure, how a seized document may be dealt with and the keeping of records in relation to the exercise of the power.

Commissioner's power to suspend

Mr Anderson was of the view that the Commissioner should have wider powers to suspend a licence for repeat breaches or for a serious first offence. The Government agrees with this view.

New proposed section 119B sets up a process whereby the Commissioner can hold an inquiry to determine whether there is proper cause for disciplinary action against a licensee in relation to certain offences (to be prescribed in the regulations) or repeated offences as determined by the provision. Amongst other measures, the Commissioner will have the ability to suspend the licence.

A person that is dissatisfied with the Commissioner's decision has a right of appeal to the Licensing Court. This inquiry power was modelled on the Gaming Machines Act 1992.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Liquor Licensing Act 1997

4—Amendment of section 3—Objects

This clause amends section 3 to provide for the revised objects of the Act as a result of the review findings and other amendments in the measure.

5—Amendment of section 4—Interpretation

This clause amends various definitions for the purposes of the Act.

6—Amendment of section 5—Resident on licensed premises

These amendments are consequential on changing references to 'lodgers' to 'residents'.

7—Amendment of section 7—Close associate

These amendments are of a consequential nature.

8—Insertion of section 11AA

This clause inserts a new section:

11AA—Publication of determinations—confidential information

This new section gives the Commissioner discretion to exclude from publication of a determination made by the Commissioner under the Act certain information of a confidential nature.

9—Amendment of section 11A—Commissioner's codes of practice

The clause amends section 11A to allow the Commissioner to include a provision in a code of practice that declares that a provision of a code is to be expiable for the purpose of section 45 of the Act as amended by the measure.

10—Insertion of section 15A

This clause inserts a new section:

15A—Registrar

The proposed section allows for the appointment of a Registrar of the Court.

11—Substitution of section 17

This clause substitutes section 17 as follows:

17—Division of responsibilities between Commissioner and the Court

The new section provides for the division of powers and responsibilities between the Court and the Commissioner, taking into account that new provisions in this measure now specify whether a matter is to be determined by the Commissioner or the Court.

12—Amendment of section 20—Representation

The clause makes amendments consequential on objections being handled through written submissions rather than by hearing.

13—Amendment of section 21—Power of Commissioner to refer questions to the Court

The clause makes an amendment consequential on the enactment of new Part 4 Division 13.

14—Substitution of section 22

This clause substitutes section 22 as follows:

22—Application for review of Commissioner's decision

The proposed section makes provision for the persons who may apply to the Court for a review of a decision of the Commissioner, and the circumstances in which those decisions may be reviewed. These changes reflect the new provisions in relation to who may make submissions opposing an application, and the handling of applications by written submissions rather than hearings.

15—Amendment of section 24—Powers with respect to witnesses and evidence

The clause removes the ability for the Commissioner to issue a summons on behalf of the Court on the application of any party to proceedings before the Court.

16—Insertion of sections 24B and 24C

This clause inserts new sections as follows:

24B—Injunctive remedies

The proposed section provides the Court with power to order that a person refrain from contravening or failing to comply with a provision of the Act if there are reasonable grounds to believe that a person is about to engage in such conduct. Contravening or failing to comply with an order of the Court is a contempt of the Court.

24C—Punishment of contempts

The proposed section provides for the penalties for a contempt of the Court.

17—Insertion of section 25A

This clause inserts a new section:

25A—Intervention by Commissioner

This new section relocates the provision formerly in Part 4 Division 13 providing for the circumstances in which the Commissioner may intervene in proceedings before the Court.

18—Substitution of section 26

This clause inserts a new section:

26—Power to award costs

The new section provides that if a person has acted unreasonably, frivolously or vexatiously in bringing proceedings, or in relation to the conduct of proceedings, the Court may make an award of costs against the person.

19—Insertion of Part 2 Division 5A

This clause inserts a new Division:

Division 5A—Intervention by Commissioner of Police

28AA—Intervention by Commissioner of Police

The new division inserts a new section in relation to the circumstances in which the Commissioner of Police may intervene in proceedings before the licensing authority. This provision was formerly located in Part 4, Division 13.

20—Amendment of section 28A—Criminal intelligence

These amendments are consequential on changes in the measure providing that objections be dealt with by written submissions rather than by hearing.

21—Amendment of section 29—Requirement to hold licence

This amendment extends the offence of selling liquor without being licensed to circumstances where a licence is suspended.

22—Substitution of Part 3 Division 2

This clause inserts a new Division that provides for the various classes of liquor licences. A number of requirements that apply under certain existing licence classes (such as a requirement to provide meals to members of the public at certain times and to remain open at certain times) and certain restrictions on times and days of trading are not prescribed under the new Division. The special circumstances licence class is effectively abolished because no similar such class is provided for in the new Division. Limited licences are proposed to be replaced by short term licences.

Division 2—Licences

Subdivision 1—Authorised trading in liquor

31—Authorised trading in liquor

The proposed section sets out the various classes of liquor licences.

Subdivision 2—Ongoing licences

32—General and hotel licence

The proposed section provides for the matters that may be authorised by the conditions of a general and hotel licence.

33—On premises licence

The proposed section provides for the matters that may be authorised by the conditions of an on premises licence.

34—Residential licence

The proposed section provides for the matters that may be authorised by the conditions of a residential licence.

35—Restaurant and catering licence

The proposed section provides for the matters that may be authorised by the conditions of a restaurant and catering licence.

36—Club licence

The proposed section provides for the matters that may be authorised by the conditions of a club licence. The provision consolidates requirements relating to clubs and to that end relocates into this provision certain requirements currently provided for in section 49 of the Act.

The provision also provides for club licences to be endorsed with a club event endorsement or club transport endorsement in certain circumstances.

37—Small venue licence

The proposed section provides for the matters that may be authorised by the conditions of a small venue licence.

38—Packaged liquor sales licence

The proposed section provides for the matters that may be authorised by the conditions of a packaged liquor sales licence.

39—Liquor production and sales licence

The proposed section provides for the matters that may be authorised by the conditions of a liquor production and sales licence. The provision (similar to the current producer's licence) allows for liquor production and sales licences to be endorsed with a production and sales event endorsement.

Subdivision 3—Short term licence

40—Short term licence

The proposed section provides for the matters that may be authorised by the conditions of a short term licence. In particular, the provision provides that the regulations may prescribe a number of matters relating to such licences (and that the licences may be of different types and duration in accordance with the regulations).

23—Amendment of section 42—Mandatory conditions

The clause inserts a new subsection (1a) that provides that it is a condition of every licence (other than a short term licence) that if there is a change in the name of the licensed premises, the licensee must, within 14 days, give the Commissioner written notice of the change in the form determined by the Commissioner.

24—Insertion of section 42A

This clause inserts a new section:

42A—New Year's Eve trading in relation to certain licences

A licence authorising the sale of liquor for consumption on the licensed premises is authorised to continue such trade until 2 am on New Year's Day.

25—Substitution of section 43

This clause substitutes section 43 as follows:

43—Power of licensing authority to impose conditions

The proposed section substantially re-enacts existing section 43 with some minor changes.

26—Substitution of section 44

This clause deletes section 44 which makes provision in relation to extended trading authorisations and substitutes the following:

44—Continuous 3 hour period where trading not permitted

The proposed section requires that the licensing authority must fix or vary the trading hours in respect of every licence (other than the Casino licence) authorising the sale of liquor for consumption on the licensed premises so that trade under the licence cannot be conducted for a continuous period of at least 3 hours each day between the hours of 3 am and 8 am.

27—Amendment of section 45—Compliance with licence conditions

The clause amends the expiation fee provision in the section to provide that an offence for failure to comply with a licence condition may be declared to be expiable in a code of practice, as provided for in clause 9 of this measure.

28—Amendment of section 48—Plurality of licences

Subclause (1) amends section 48(3) to provide that 2 or more club licenses may be granted for the same premises provided that each licensee maintain a register including details required by the licensing authority (including details relating to the times at which liquor is sold by each licensee). The amendments in subclauses (2) and (3) are consequential on the change of license classes.

29—Repeal of section 49

The clause deletes section 49 the provisions of which are to be included in section 36 of proposed Part 3 Division 2.

30—Amendment of section 50A—Annual fees

Certain amendments relate to procedures for the suspension of licences for the failure to pay an annual fee. Other amendments relate to the power to revoke a licence for such a failure.

31—Amendment of Heading to Part 4

This amendment is consequential.

32—Amendment of section 51—Form of applications

These amendments are consequential.

33—Amendment of section 51A—Applications to be given to Commissioner of Police

A period of 28 days before the day appointed for the hearing or determination of an application to which the section applies is prescribed for the Commissioner to give a copy of the application to the Commissioner of Police. Other amendments are related or consequential.

34—Amendment of section 52—Certain applications to be advertised

The current requirements relating to advertising applications are amended—the provision requires that public notice be placed on the relevant land or premises. The local council is only required to be given notice of an application in certain circumstances. Other amendments are consequential.

35—Amendment of section 52A—Confidentiality of certain documents and material relevant to application

The clause makes amendments consequential on objections being handled through written submissions rather than by hearing.

36—Amendment of section 53—Discretionary powers of licensing authority

1 amendment requires the licensing authority to refuse to grant an application for a licence, or for the removal of a licence, if the licensing authority is satisfied that to grant the application would be inconsistent with the objects of the Act.

The remaining amendments are consequential on objections being handled through written submissions rather than by hearing.

37—Insertion of section 53A

This clause inserts new sections as follows:

53A—Licensing authority to be satisfied that designated applications in community interest

The proposed section provides that the licensing authority may only grant a designated application if satisfied that granting the application is in the community interest. A designated application includes an application for the grant or removal of a designated licence (as defined in section 4) or an application that the licensing authority determines to be a designated licence in accordance with the community impact assessment guidelines published in accordance with proposed section 53B. A designated application must comply with requirements specified by the licensing authority and those specified in the community impact assessment guidelines.

53B—Community impact assessment guidelines

The proposed section provides that the Commissioner must publish in the Gazette guidelines (the community impact assessment guidelines) for the purposes of determining whether or not an application under Part 3 is a designated application and whether or not a designated application is in the community interest. The proposed section sets out the matters that may be provided for in the guidelines.

38—Amendment of section 55—Provisions governing whether person is fit and proper

This clause amends the section to expand the provision to be applied in deciding whether a person is a fit and proper person for a particular purpose under the Act.

39—Amendment of section 56—Applicant to be fit and proper person

The clause inserts new provisions in the section which relate to an applicant for a club licence.

40—Amendment of section 57—Requirements for premises

These amendments are consequential.

41—Repeal of section 58

The clause repeals section 58 as these matters are now to be dealt with under the community interest provisions in proposed sections 53A and 53B.

42—Amendment of section 59A—Licence fee payable on grant of licence

These amendments are consequential on the change of license classes in the measure.

43—Amendment of section 60—Premises to which licence is to be removed

This amendment is consequential on the change of licence classes in the measure.

44—Repeal of section 61

The clause repeals section 61 as these matters are now to be dealt with under the community interest provisions in proposed sections 53A and 53B.

45—Amendment of section 62A—Removal of liquor production and sales licence in respect of outlet

This amendment is consequential on the change of license classes in the measure.

46—Amendment of heading to Part 4 Division 4A

This amendment is consequential on the change of license classes in the measure.

47—Amendment of section 62B—Addition of outlets to liquor production and sales licence

This amendment is consequential on the change of license classes in the measure.

48—Amendment of section 62C—Certificate of approval for addition to liquor production and sales licence of proposed premises as outlet

This amendment is consequential on the change of license classes in the measure.

49—Amendment of section 63—Applicant for transfer must be fit and proper person

This amendment is consequential on the change of license classes in the measure.

50—Insertion of Part 4 Division 5A

This clause inserts a new Division:

Division 5A—Special provision relating to amalgamation of certain clubs

65A—Special provision relating to amalgamation of certain clubs

The proposed section provides for the requirements in relation to the club licences of 2 or more associations that each hold a club licence who apply to amalgamate as a single association under the Associations Incorporation Act 1985.

51—Amendment of section 68—Alteration and redefinition of licensed premises

Subclause (1) removes the requirement for designating a part of licensed premises as a dining or reception area. Subclause (2) makes an amendment consequential on the change of name of license classes in the measure.

52—Substitution of Part 4 Division 8A

This clause substitutes Part 4 Division 8A as follows:

Division 8A—Alteration of endorsements

69A—Alteration of endorsements

The proposed section is consequential on changes in proposed Part 3 Division 2 to be substituted in the measure.

53—Amendment of section 71—Approval of management and control

The clause makes a number of amendments to simplify the manner in which the approval of responsible persons are to be approved.

54—Insertion of section 71A

This clause inserts a new section:

71A—Revocation of approval of responsible person

The proposed section provides the procedure for the revocation of approval of a responsible person.

55—Repeal of Part 4 Division 10A

The clause repeals Division 10A dealing with the approval of crowd controllers which is provided for under the Security and Investigation Industry Act 1995.

56—Substitution of Part 4 Division 13

This clause substitutes Part 4 Division 13 as follows:

Division 13—Submissions in relation to applications

76—Commissioner of Police may make written submissions

The proposed section provides for the circumstances in which the Commissioner of Police may make written submissions to the Commissioner in respect of an application under Part 4.

77—General right to make written submissions

The proposed section provides for the circumstances, manner and form of written submissions by a person in respect of an application under Part 4.

78—Further written submissions

The proposed section provides that the Commissioner may call for further written submissions from a person or may invite a person or body determined by the Commissioner to make submissions in relation to a particular application, and the manner and form of such submissions.

79—Conciliation

The proposed section provides for the circumstances in which the Commissioner may endeavour to resolve a disputed application by conciliation.

80—Commissioner may refer matters to Court

The proposed section provides for matters related to the referral of an application under Part 4 to the Court.

81—Hearings etc

The proposed section provides for matters related to the determination of applications under Part 4 by hearing or written submissions.

82—Variation of written submissions

The proposed section provides for the variation of written submissions made in relation to an application.

57—Amendment of section 97—Supervision and management of licensee's business

The amendments in subclause (1) and (2) are consequential on other amendments in the measure. Subclause (3) inserts a maximum penalty of $20,000 and an expiation fee of $1,200 for the offence of failing to supervise and manage the business conducted under a licence.

58—Insertion of section 97A

This clause inserts a new section:

97A—Direction to complete training—responsible persons

The proposed section provides that the Commissioner may direct a designated person (being a licensee, responsible person or person who sells, offers for sale or serves liquor on licensed premises) to undertake specified accredited training. It is an offence with a maximum penalty of $10,000 and an expiation fee of $500 for a person or a licensee in respect of the person to fail to comply with the Commissioner's direction under the section.

59—Amendment of section 98—Approval of assumption of positions of authority in corporate or trust structures

This clause makes an amendment consequential on the change of name of licence classes in the measure.

60—Amendment of section 99—Prohibition of profit sharing

This clause makes an amendment consequential on the change of name of licence classes in the measure.

61—Amendment of heading to Part 6 Division 3

This amendment is consequential on substituting references to 'lodgers' with 'residents on licensed premises'.

62—Amendment of section 100—Supply of liquor to residents on licensed premises

The clause amends the section to substitute references to 'lodgers' with 'residents on licensed premises'.

63—Amendment of section 101—Record of residents on licensed premises

The clause amends the section to substitute references to 'lodgers' with 'residents on licensed premises'.

64—Amendment of section 103—Restriction on consumption of liquor in, and taking liquor from, licensed premises

The amendment in subclause (1) inserts an expiation fee of $1,200 for the offence in subsection (4). The amendments in subclauses (2) to (5) are consequential on substituting references to 'lodgers' with 'residents on licensed premises'.

65—Substitution of heading to Part 6 Division 5

This clause substitutes the heading to Part 6 Division 5 as follows:

Division 5—Regulation of prescribed entertainment

66—Amendment of section 105—Prescribed entertainment on licensed premises

The clause deletes from section 105 the requirement for consent of the licensing authority to provide entertainment.

67—Insertion of Part 6 Division 7A

This clause inserts a new Part 6 Division 7A as follows:

Division 7A—Sale of liquor through direct sales transaction

107A—Sale of liquor through direct sales transaction

The new section provides for the requirements and restrictions on a licensee who advertises or sells liquor by direct sales transactions and on the delivery of such liquor.

68—Amendment of section 108—Liquor not to be sold or supplied to intoxicated persons

Subclause (1) substitutes subsection (1) and inserts a new subsection (1a). Subsection (1) is amended to extend the class of persons who may be guilty of an offence of sale or supply of liquor to an intoxicated person. Subsection (1a) provides that if it is alleged that a person sold or supplied liquor on particular licensed premises, the allegation constitutes proof (in the absence of proof to the contrary) that the sale or supply occurred on the licensed premises.

69—Amendment of section 109—Copy of licence etc to be kept on licensed premises

The clause amends section 109 to provide that the copy of the licence to be kept must be displayed in accordance with any requirements prescribed by the regulations.

70—Insertion of section 109C

This clause inserts a new section:

109C—Interpretation

The proposed section defines parent and responsible adult for the purposes of Part 7.

71—Amendment of section 110—Sale and supply of liquor to minors on licensed premises

Subclause (1) amends subsection (1) to include additional persons who are taken to have committed an offence if liquor is sold or supplied to a minor on licensed premises. Subclauses (2) to (5) insert expiation fees for the offences in subsections (1), (1a) and (2). Subclause (6) inserts new subsections (2a) and (2b) which provide that if it is alleged that a minor was sold or supplied liquor or consumed liquor on particular licensed premises, the allegation (in the absence of proof to the contrary) constitutes proof that the sale or supply occurred on the licensed premises.

72—Insertion of section 110A

This clause inserts a new section:

110A—Supply of liquor to minors other than on licensed premises

Proposed subsections (1) and (2) create the following offences:

a person who supplies liquor to a minor, with a maximum penalty of $10,000 and an expiation fee of $500;

a minor who consumes or has possession of liquor, with a maximum penalty of $2,500 and an expiation fee of $210.

Subsection (3) provides that the offences do not apply if section 110 applies in respect of the supply, consumption or possession of the liquor.

Subsection (4) provides that the offences do not apply to the gratuitous supply of liquor to, or the consumption or possession of liquor by, a minor in a prescribed place if—

the liquor is supplied to the minor by a responsible adult (defined as the parent, spouse or domestic partner of the minor, or a person standing in the position and undertaking the responsibilities of the parent of the minor) or an adult person who has obtained the consent of a responsible adult to that supply of liquor to the minor; and

the supply is consistent with the responsible supervision of the minor.

Subsection (5) sets out matters relevant to whether the supply of liquor is consistent with responsible supervision of the minor.

Subsection (6) defines prescribed place for the purposes of subsection (4) as being a public place, a place occupied as a place of residence, a church or any other place prescribed by the regulations.

73—Amendment of section 111—Areas of licensed premises may be declared out of bounds to minors

This clause makes amendments to provide that the licensing authority or a licensee may declare any area of licensed premises (other than a bedroom) to be out of bounds to minors. The requirement for a notice of this fact has been relocated to proposed section 113A. It is an offence with a maximum penalty of $10,000 and an expiation fee of $500 for a licensee to contravene or fail to comply with a requirement relating to erecting a notice under section 113A in connection with areas declared out of bounds to minors.

74—Amendment of section 112—Minors not to enter or remain in certain licensed premises

The clause makes various amendments, including:

an offence for a minor to enter or remain in licensed premises subject to a packaged liquor sales licence unless accompanied by a responsible adult at all times;

an offence for a minor to enter or remain in licensed premises of a prescribed kind at prescribed times;

offence for a minor to remain in any area in licensed premises if liquor may be sold in the area at that time (other than a bedroom) between midnight and 2 am unless the minor is accompanied by a responsible adult, or between 2 am and 5 am.

Subclause (2) amends subsection (3) to provide the penalties for the above in relation to a licensee is for a first offence $10,000 and a second or subsequent offence $20,000 with an expiation fee of $1,200.

Subclause (3) inserts the following new subsections:

subsection (4a) provides for an offence for a person who permitted entry of a minor onto licensed premises in contravention of the section, with a maximum penalty for a first offence of $10,000, for a second or subsequent offence of $20,000 and an expiation fee of $1,200;

subsection (4b) provides a defence for a person charged with an offence under subsection (4a) if the person took reasonable care to prevent minors entering or remaining in the relevant area at the relevant time;

subsection (4c) provides an offence for a minor to enter or remain in licensed premises in contravention of the section or a condition of the licence with a maximum penalty of $2,500 and an expiation fee of $210.

Subclause (4) substitutes subsections (5) and (6). Subsection (5) provides an offence for a licensee to contravene or fail to comply with a requirement under section 113A relating to the display of notices for the purposes of this section with a maximum penalty of $10,000 and an expiation fee of $500. Subsection (6) provides that the section does not apply to minors of a prescribed class, licensed premises of a prescribed class, an area of the licensed premises exempted from the section by the Commissioner and in other prescribed circumstances.

75—Amendment of section 113—Notice to be erected

The clause makes consequential amendments and provides an offence for a licensee to contravene or fail to comply with a requirement under section 113A relating to the display of notices.

76—Insertion of section 113A

This clause inserts a new section:

113A—Requirements relating to notices

The section provides that the Commissioner may specify the requirements relating to the erection or display of notices for the purpose of Part 7.

77—Repeal of section 114

The repeal of section 114 is consequential on the insertion of proposed section 110A.

78—Amendment of section 115—Evidence of age may be required

Section 115(1) is substituted to provide that a prescribed person (as defined) may require a person on, about to enter, or in the vicinity of, regulated premises, or who is, or has recently been in possession of liquor, to produce evidence as to the person's age that complies with the requirements of the regulations. Section 115(2) is amended to insert a penalty of $2,500 and an expiation fee of $210 for failing to comply with a requirement to produce evidence of age, or for making a false statement or producing false evidence in response to such a requirement. The definition of prescribed person is amended to include the appropriate persons consequential on the amendment of section 115(1).

79—Insertion of section 115A

This clause inserts a new section:

115A—Seizure of evidence of age document

The section provides for the manner and circumstances in which a prescribed person (as defined) may seize an evidence of age document produced to the person under section 115.

80—Substitution of section 116

This clause substitutes section 116 as follows:

116—Power to remove or refuse entry to minors

The proposed section consolidates and updates the provisions in current section 116 to take account of amendments to section 115.

81—Repeal of section 117

The repeal of section 117 is consequential on the insertion of proposed section 110A.

82—Amendment of section 118—Application of Part

These amendments are consequential on other provisions in the measure.

83—Amendment of section 119—Cause for disciplinary action

The clause makes amendments of a technical and consequential nature.

84—Insertion of section 119B

This clause inserts a new section:

119B—Disciplinary action before Commissioner for certain matters

The proposed section provides for the procedures for an inquiry held by the Commissioner as to whether there is proper cause for disciplinary action against a prescribed licensee. Prescribed licensee is defined as a licensee who has been convicted of or expiated an offence of a kind prescribed by the regulations or who has been convicted of or expiated more than 1 offence within a period of 5 years.

85—Substitution of section 124A

The clause inserts a new section:

124A—Interpretation

The proposed section inserts definitions for the purposes of Part 9 Division 3 to do with barring orders.

86—Amendment of section 125—Licensee barring orders

Subclause (1) amends section 125(1)(aa) to provide that the grounds on which a licensee or responsible person may bar a person from licensed premises are to be extended to include where a family member of the person is at risk. Subclauses (2) and (3) make amendments to increase penalties for offences in the section.

87—Amendment of section 125B—Police officer barring orders

The clause amends the section to provide that the grounds on which a licensee or responsible person may bar a person from licensed premises are to be extended to include where a family member of the person is at risk. The clause also amends the definition of senior police officer and makes related consequential amendments.

88—Amendment of section 125C—Offences

The amendment increases the penalty provision as a result of the review findings.

89—Amendment of section 128A—Reports on barring orders

This amendment is consequential on the amendment in clause 90.

90—Insertion of section 128AB

This clause inserts a new section:

128AB—Commissioner of Police to report to Minister for Police on barring orders

The new section provides that the Commissioner of Police must report to the Minister for Police information outlined in the section in respect of barring orders made in each financial year because of information classified as criminal intelligence.

91—Insertion of Part 9A

This clause inserts a new Part 9A as follows:

Part 9A—Liquor accords

128D—Interpretation

The proposed section defines terms to be used in the proposed Part.

128E—Preparation of draft local liquor accords

The proposed section provides for the persons with whom a licensee may prepare a draft local liquor accord for the Commissioner's approval.

128F—Terms of local liquor accords

The proposed section sets out the matters that a local liquor accord may provide for.

128G—Competition and Consumer Act and Competition Code

The proposed section provides that any conduct engaged in for the purpose of the drafting, approval, promoting or giving effect to the terms of a local liquor accord is authorised for the purposes of section 51 of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of South Australia.

128H—Approval of local liquor accords

The proposed section provides that the Commissioner may approve a local liquor accord, and the procedures for the variation or revocation of such an accord.

92—Amendment of section 129—Consumption of liquor on regulated premises

The amendments introduce penalty provisions consistent with other offences in the Act.

93—Amendment of section 131—Control of consumption etc of liquor in public places

The clause amends section 131 to insert provisions which enable a council, by notice in the Gazette, to prohibit the consumption or possession (or both) of liquor in a public place within the area of that council during the period (not exceeding 48 hours) specified in the notice. Such a notice must be published at least 14 days before the commencement of the period specified in the notice in order to be effective. The council must notify the Commissioner of any such notice.

94—Amendment of section 131A—Failing to leave licensed premises on request

The clause amends the penalty provision to be consistent with other offences in the Act.

95—Insertion of sections 135A and 135B

This clause inserts new sections as follows:

135A—Publication of names of certain licensees

The new section provides power for the Commissioner to cause a notice to be published on a website identifying a licensee who has been guilty of an offence under the Act.

135B—Determination of second or subsequent offence in case of previous offence that has been expiated

The new section provides that an offence which has been expiated will be taken into account in determining whether an offence for the purpose of penalty provisions in the Act related to intoxicated persons and minors is a second or subsequent offence.

96—Amendment of section 136—Service

The clause amends the service provisions consequent on other amendments in this measure.

97—Insertion of section 137C

This clause inserts a new section as follows:

137C—Special transitional provision—disapplication or modification of certain restrictions or requirements in respect of licences

Proposed new section 137C provides that a designated restriction or requirement (which is defined) may be disapplied or modified by the regulations from the commencement of the clause. A restriction or requirement that a licensee provide meals to members of the public at certain times or remain open at certain times are examples of restrictions or requirements that might be designated. The clause facilitates the disapplication or modification of these restrictions or requirements from the commencement of the clause.

98—Amendment of section 138—Regulations

These amendments allow for the making of regulations by the Governor consequent on the enactment of this measure.

Schedule 1—Related amendments

Part 1—Amendment of Controlled Substances Act 1984

1—Amendment of section 32—Trafficking

This amendment is consequential on the change of licence classes in the measure.

Part 2—Amendment of Criminal Law Consolidation Act 1935

2—Amendment of section 32C—Spiking of food or beverages

This amendment is consequential on the change of licence classes in the measure.

Part 3—Amendment of Gaming Machines Act 1992

3—Amendment of section 3—Interpretation

These amendments are consequential on various other amendments in the measure.

4—Amendment of section 15—Eligibility criteria

These amendments are consequential on the change of licence classes in the measure.

5—Amendment of section 27—Conditions

This amendment is consequential on the amendments in clause 26.

6—Amendment of section 28—Certain gaming machine licenses only are transferable

These amendments are consequential on the change of licence classes in the measure.

Part 4—Amendment of South Australian Motor Sport Act 1984

7—Amendment of section 27B—Removal of certain restrictions relating to sale and consumption of liquor

8—Amendment of section 27C—Control of noise etc during prescribed period

These amendments are consequential on the change of licence classes in the measure.

Part 5—Amendment of Summary Offences Act 1953

9—Amendment of section 17AB—Trespassers etc at private parties

10—Amendment of section 72A—Power to conduct metal detector searches etc

These amendments are consequential on the change of licence classes in the measure.

Schedule 2—Transitional provisions

Part 1—Preliminary

1—Preliminary

This clause defines terms to be used in the Schedule.

Part 2—General

2—Amendments apply to existing licences and approvals

The clause provides for amendments in the measure to apply to existing licence holders, subject to the other provisions in this Schedule.

Part 3—Licences

3—Licences to continue

The clause provides for the continuation of classes of licence under the existing Act as classes under proposed Part 3 Division 2.

4—Trading hours

The clause provides that the trading hours of existing licence holders will remain in force. Certain limited circumstances in which such trading hours may be varied by notice by the Commissioner are provided for.

5—Other conditions

The clause provides that existing licence conditions will remain in force, and for the circumstances in which the Commissioner may add, vary, substitute or revoke existing licence conditions by notice to a licensee.

6—Exemptions

The clause provides for existing exemptions to remain in force.

7—Review of notices

The clause provides for the rights of review in relation to a notice to a licensee under clause 5.

8—Licence applications

The clause provides for transitional arrangements in respect of existing licence applications.

9—Limited licences continue

The clause provides for existing limited licences to remain in force.

10—Crown not liable to pay compensation

The clause provides that the Crown is not liable to pay compensation in respect of the operation of the transitional provisions in this Part.

Part 4—Other matters

11—Entertainment consents and conditions

The clause provides that existing entertainment consents and conditions are to be of no effect.

12—Disciplinary action

The clause makes transitional arrangements in respect of taking disciplinary action in respect of certain offences.

13—Procedures

The clause disapplies certain provisions of the Act in relation to the transitional provisions.

Debate adjourned on motion of Ms Chapman.

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