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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
iquor Amendment (Kings Cross Plan of
Management) Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Liquor Act 2007 and other legislation to implement the
second stage of the Government's plan of management for the Kings Cross precinct (the first stage
of the plan was implemented by the Liquor Amendment (Kings Cross Plan of Management) Act
2012 which commenced on 7 December 2012). The measures to be implemented by this Bill
include the following:
(a) to provide for 2 new types of banning orders (one that operates for up to 48 hours and the
other for up to 12 months) that will prohibit certain persons from entering licensed premises
in the Kings Cross precinct,
(b) to provide for the ID scanning of all patrons who enter high risk venues in the Kings Cross
precinct to ensure that banned persons are refused entry,
(c) to enable the Independent Liquor and Gaming Authority (ILGA) to suspend or revoke the
RSA competency card held by a person employed in licensed premises in the Kings Cross
precinct if the employee breaches a patron's privacy in connection with the use of a patron
ID scanner or contravenes the employee's obligations in relation to the responsible service
of alcohol.
The Bill also makes it clear that an application for a small bar licence for premises in any part of
the State is not required to be accompanied by a community impact statement, or to be advertised,
if the application merely involves changing from a general bar licence to a small bar licence
(which have a patron capacity of 60 and do not have take-away sales) and development consent
has been obtained to sell liquor during the times that the small bar licence is to operate (see
Schedule 1 [4] and Schedule 2 [2]).
b2013-052-35.d14
Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
Explanatory note
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
Schedule 1 Amendment of Liquor Act 2007
Schedule 1 [7] inserts the following provisions that will apply in relation to licensed premises in
the Kings Cross precinct.
� Proposed section 116AA contains new definitions, including high risk venue which
generally means a late trading venue in the Kings Cross precinct with a patron capacity of
more than 120 persons. The Director-General, with the concurrence of the Commissioner
of Police, will also be able to designate other licensed premises in the Kings Cross precinct
as high risk venues. High risk venues will, as part of the Kings Cross plan of management,
be required to scan patrons for their identification details (see proposed section 116AC).
The decision of the Director-General to designate licensed premises as a high risk venue
will be reviewable by ILGA (see Schedule 3 which amends the Gaming and Liquor
Administration Act 2007).
� Proposed section 116AB provides for the approval and operation of an integrated database
system (the Kings Cross precinct ID scanner system). The system will comprise the
identification details of persons who are subject to temporary or long-term banning orders,
the information scanned and recorded by patron ID scanners at high risk venues and
associated equipment (including the patron ID scanners linked to the system). The approval
of a person or body to operate the system is subject to conditions, including conditions
relating to privacy protection.
� Proposed section 116AC imposes special licence conditions for high risk venues. Patrons
must have their photo IDs scanned before they enter and a patron must be refused entry if
the patron chooses not to produce a photo ID or is the subject of a temporary or long-term
banning order. The privacy of patrons must also be protected. It will also be an offence to
produce a false ID in order to gain entry to a high risk venue.
� Proposed section 116AD provides for police officers to issue temporary banning orders to
persons who have refused or failed to comply with a move-on direction, have failed to leave
licensed premises when requested to do so or have attempted to re-enter licensed premises
after being evicted. A temporary banning order will prohibit the subject person from
entering any licensed premises in the Kings Cross precinct (other than licensed restaurants
that do not trade past midnight) for a period of up to 48 hours.
� Proposed section 116AE provides for ILGA to make long-term banning orders in respect
of persons who have committed a serious indictable offence involving alcohol-related
violence or who have been given 3 temporary banning orders over a 12-month period. A
long-term banning order will have the same effect as a temporary banning order except that
it may operate for a period of up to 12 months.
� Proposed section 116AF provides that ILGA's decision to make a long-term banning order
will be reviewable by the Administrative Decisions Tribunal.
Schedule 1 [8] and [9] enable the regulations to impose licence conditions requiring licensees for
high risk venues in the Kings Cross precinct to appoint persons to be present in the venue during
certain periods (such as "high-risk" periods) and to assume responsibility for the premises during
such periods. Schedule 1 [1]-[3], [5] and [6] are consequential amendments.
Schedule 1 [10] provides that the breach of licence conditions imposed in respect of licensed
premises in the Kings Cross precinct will be an offence that counts as a strike for the purposes of
the 3 strikes disciplinary scheme under the Liquor Act 2007.
Page 2
Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
Explanatory note
Schedule 1 [11] enables certain allegations relating to the status of persons as staff members or
managers of licensed premises in the Kings Cross precinct to be evidence in proceedings of the
truth of the allegation.
Schedule 1 [12] enables regulations to be made in relation to the Kings Cross precinct ID scanner
system and the use of patron ID scanners.
Schedule 1 [13] provides for a review of the operation of the Kings Cross precinct ID scanner
system after 12 months from the commencement of the proposed Act.
Schedule 2 Amendment of Liquor Regulation 2008
Schedule 2 [6] will enable ILGA to suspend or revoke the RSA competency card held by a person
employed in a Kings Cross venue, or disqualify the person from holding such a card, if the person
breaches his or her obligations in relation to the responsible service of alcohol or the use of patron
ID scanners. The decision to suspend or revoke a person's RSA competency card, or to disqualify
a person from holding such a card, will be reviewable by the ADT. A person will be prohibited
from working on licensed premises in any part of the State during any period of suspension or
disqualification. Schedule 2 [4] is a consequential amendment.
Schedule 2 [7] and [8] will require all licensees and staff members of licensed premises in the
Kings Cross precinct who use a patron ID scanner on the premises to hold a RSA competency card
indicating the successful completion of an approved privacy course. Schedule 2 [1] and [3] are
consequential amendments. Schedule 2 [5] provides that a fee of $30 is payable for including a
privacy endorsement on a person's RSA competency card.
Schedule 2 [10] requires licensees to display signage relating to the hours of operation of licensed
premises in the Kings Cross precinct.
Schedule 2 [11]-[14] provide that alcohol sales data in relation to licensed premises in the Kings
Cross precinct must be recorded by licensees on a quarterly basis. Schedule 2 [9] is a
consequential amendment.
Schedule 2 [15] provides that the only information that may be recorded by a patron ID scanner
in a high risk venue is the identification details of a person and the photograph appearing on the
person's photo ID.
Schedule 2 [16] and [17] provide for certain offences created under the proposed Act to be dealt
with by way of a penalty notice.
Page 3
First print
New South Wales
iquor Amendment (Kings Cross Plan of
Management) Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Liquor Act 2007 No 90 3
Schedule 2 Amendment of Liquor Regulation 2008 10
Schedule 3 Amendment of Gaming and Liquor Administration Act 2007 No 91 15
b2013-052-35.d14
New South Wales
iquor Amendment (Kings Cross Plan of
Management) Bill 2013
No , 2013
A Bill for
An Act to amend the Liquor Act 2007 and the Liquor Regulation 2008 to implement the second
stage of a plan of management in relation to the Kings Cross precinct; and for other purposes.
Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Liquor Amendment (Kings Cross Plan of Management) Act 2013. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
Schedule 1 Amendment of Liquor Act 2007 No 90
Schedule 1 Amendment of Liquor Act 2007 No 90 1
[1] Section 4 Definitions 2
Insert "any of the following" after "means" in the definition of manager in section 4 (1). 3
[2] Section 4 (1), definition of "manager" 4
Omit "or" from paragraph (a). 5
[3] Section 4 (1), definition of "manager" 6
Insert after paragraph (b): 7
(c) in the case of a high risk venue within the meaning of section 116AA-- 8
a person appointed by the licensee, in accordance with licence 9
conditions imposed by the regulations under section 116A, to be present 10
in the venue in accordance with those conditions. 11
[4] Section 48 Community impact 12
Insert after section 48 (3B): 13
(3C) An application (other than an application under clause 39 of Schedule 1) for a 14
small bar licence is not, despite subsection (3), required to be accompanied by 15
a community impact statement if: 16
(a) the application relates to the same premises as the premises to which a 17
general bar licence relates, and 18
(b) development consent has been obtained under the Environmental 19
Planning and Assessment Act 1979 to sell liquor during the times to 20
which the application relates and those times are specified in the 21
development consent. 22
[5] Section 91 Responsibilities and liabilities in relation to licensed premises 23
Insert after section 91 (1): 24
(1A) An approved manager (as referred to in section 116A (2) (i)) is responsible for 25
the personal supervision and management of the conduct of the business of the 26
licensed premises under the licence at the times the manager is required to be 27
present on the licensed premises. 28
[6] Section 91 (2) 29
Insert "or (1A)" after "subsection (1)". 30
[7] Sections 116AA-116AF 31
Insert before section 116A: 32
116AA Interpretation 33
(1) In this Division: 34
approved system provider means the person or body approved for the time 35
being by the Director-General to operate the Kings Cross precinct ID scanner 36
system. 37
high risk venue--see subsection (2). 38
identification details of a person means: 39
(a) the person's name, and 40
(b) the person's date of birth, or the person's residential address, or both. 41
Page 3
Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
Schedule 1 Amendment of Liquor Act 2007 No 90
Kings Cross precinct ID scanner system--see section 116AB. 1
long-term banning order means an order under section 116AE. 2
patron ID scanner means a device that: 3
(a) is capable of scanning and recording a person's identification details, 4
and 5
(b) is linked to the Kings Cross precinct ID scanner system. 6
relevant licensed premises means any licensed premises situated in the Kings 7
Cross precinct, but does not include a licensed restaurant that is not authorised 8
to trade after midnight on any day of the week unless it is a high risk venue. 9
temporary banning order means an order under section 116AD. 10
(2) A high risk venue is a venue situated in the Kings Cross precinct comprising: 11
(a) licensed premises: 12
(i) on which liquor may be sold for consumption on the premises, 13
and 14
(ii) that are authorised to trade after midnight at least once a week on 15
a regular basis, and 16
(iii) that have a patron capacity (as determined by the 17
Director-General) of more than 120 patrons, or 18
(b) licensed premises specified by, or of a class specified by, the 19
regulations, or 20
(c) licensed premises that are designated by the Director-General under 21
subsection (4). 22
(3) The regulations may create exceptions to subsection (2) (a). 23
(4) The Director-General may, with the concurrence of the Commissioner of 24
Police, designate any specified licensed premises (or licensed premises of a 25
specified class) in the Kings Cross precinct as a high risk venue if the 26
Director-General is satisfied that there is a significant degree of 27
alcohol-related violence or other anti-social behaviour associated with the 28
premises. 29
(5) The designation of licensed premises as a high risk venue is to be made by 30
order in writing given to the licensee. Any such order takes effect on the date 31
specified in the order (being a date that is not earlier than 6 weeks from the date 32
the order is given). 33
Note. The decision of the Director-General to designate licensed premises as a high 34
risk venue is reviewable by the Independent Liquor and Gaming Authority under the 35
Gaming and Liquor Administration Act 2007--see section 36A of that Act. 36
116AB Kings Cross precinct ID scanner system 37
(1) The Kings Cross precinct ID scanner system is an integrated database system 38
that is approved by the Director-General and that consists of the following: 39
(a) the identification details of those persons who are the subject of a 40
temporary or long-term banning order (together with the period for 41
which any such order is in force), 42
(b) any information that has been scanned and recorded by patron ID 43
scanners operating in high risk venues, 44
(c) any associated equipment (including the patron ID scanners linked to 45
the system). 46
(2) The Director-General may, with the concurrence of the Commissioner of 47
Police, approve a person or body to operate the Kings Cross precinct ID 48
Page 4
Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
Schedule 1 Amendment of Liquor Act 2007 No 90
scanner system. A person or body may not be approved if the person or body 1
is a close associate of a licensee or has any interest, whether financial or 2
otherwise, in the business carried on under a licence. 3
(3) The approval of a person or body to operate the system is subject to such 4
conditions as the Director-General considers appropriate (including 5
conditions relating to the disposal and retention of information held in the 6
system) and may be revoked at any time by the Director-General. The 7
conditions of approval may be varied at any time by the Director-General. 8
(4) Without limiting subsection (3), the conditions of any such approval are taken 9
to include the following: 10
(a) any information held in the system must not be transferred to any place 11
outside of Australia except New Zealand, 12
(b) information must not be held in the system for more than 30 days after 13
it is collected except: 14
(i) in the case of information relating to a person who is the subject 15
of a long-term banning order (in which case the information may 16
be held in the system for the period that the order is in force), or 17
(ii) in such other cases as may be authorised by the Director-General 18
at the request of the Commissioner of Police, 19
(c) if the approved system provider is not an organisation within the 20
meaning of the Privacy Act 1988 of the Commonwealth--the provider 21
must ensure that the provider is treated as an organisation for the 22
purposes of that Act, 23
(d) the approved system provider must comply with the requirements of the 24
Privacy Act 1988 of the Commonwealth with respect to the protection 25
of any personal information held by the provider, 26
(e) the approved system provider must comply with a request by the 27
Commissioner of Police to dispose of any information held by the 28
provider, 29
(f) if the Kings Cross precinct ID scanner system fails for any reason, the 30
approved system provider must: 31
(i) immediately notify the local police, and 32
(ii) comply with a contingency protocol, as approved by the 33
Director-General, for ID scanner system failure. 34
116AC High risk venues--licence conditions relating to ID scanning 35
(1) Patron photo IDs to be scanned 36
The licence for a high risk venue is subject to the following conditions: 37
(a) a person must not be permitted to enter the venue as a patron unless: 38
(i) the person produces to a staff member a form of identification 39
containing a photograph of the person and the person's 40
identification details (photo ID), and 41
(ii) the photo ID is scanned by a staff member using a patron ID 42
scanner, 43
(b) a person must be refused admission to the venue as a patron if the 44
person: 45
(i) chooses not to produce his or her photo ID to a staff member, or 46
(ii) is subject to a temporary or long-term banning order, 47
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Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
Schedule 1 Amendment of Liquor Act 2007 No 90
(c) the use of a patron ID scanner as required by this section (including the 1
procedures for scanning and the time of use) must comply with such 2
requirements as are approved by the Director-General and notified to 3
the licensee, 4
(d) only patron ID scanners of a type approved by the Director-General 5
may be used in the venue for the purposes of this section, 6
(e) a patron ID scanner may only be used to record information of the kind 7
prescribed by the regulations, 8
(f) if any patron ID scanner used in the venue fails for any reason, the 9
licensee must: 10
(i) immediately notify the local police, and 11
(ii) comply with a contingency protocol, as approved by the 12
Director-General, for patron ID scanner failure. 13
(2) Subsection (1) (a) (ii) does not require a person to be refused permission to 14
enter a high risk venue if, at that time, each patron ID scanner in the venue is 15
not working because of scanner or system failure. 16
(3) Producing false ID to enter high risk venue 17
A person who produces any document purporting to contain the person's 18
identification details in order to gain entry to a high risk venue is guilty of an 19
offence if the document is false in a material particular in relation to the 20
person. 21
Maximum penalty: 50 penalty units. 22
(4) Privacy protection 23
It is a condition of the licence for a high risk venue that the licensee must: 24
(a) if the licensee is not an organisation within the meaning of the Privacy 25
Act 1988 of the Commonwealth--ensure that the licensee is treated as 26
an organisation for the purposes of that Act, and 27
(b) comply with the requirements of that Act with respect to the protection 28
of any personal information recorded by a patron ID scanner operating 29
in the venue. 30
(5) It is also a condition of the licence for a high risk venue that the licensee: 31
(a) prepares and implements a privacy management plan relating to the use 32
of patron ID scanners in the venue, and 33
(b) prepares and implements a privacy policy containing information for 34
patrons about the use of patron ID scanners in the venue and the 35
procedures for ensuring that the privacy of patrons is protected and for 36
making complaints about breaches of privacy, and 37
(c) ensures that the privacy policy for the venue is made available for 38
inspection by any person who requests to see it, and 39
(d) ensures that an outline of the privacy policy is displayed at or near any 40
public entrance to the venue in a manner that enables patrons to be 41
alerted to its contents immediately before being required to produce a 42
photo ID, and 43
(e) without limiting any requirement under the Privacy Act 1988 of the 44
Commonwealth, ensures that any written complaint by a patron about a 45
breach of privacy is, within 14 days of the complaint being made to the 46
licensee or a staff member, notified to the Director-General. 47
Page 6
Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
Schedule 1 Amendment of Liquor Act 2007 No 90
(6) The privacy management plan and privacy policy required to be prepared by 1
a licensee under this section must, without limiting any requirement under the 2
Privacy Act 1988 of the Commonwealth, adopt or comply with a plan and 3
policy approved by the Kings Cross Accord (being the local liquor accord of 4
that name in force under Division 1 of Part 8) in conjunction with the relevant 5
industry association for the licensee. 6
116AD Temporary banning orders--licensed premises in Kings Cross precinct 7
(1) A police officer may, as soon as practicable after a person: 8
(a) refuses or fails to comply with a direction under section 198 of the Law 9
Enforcement (Powers and Responsibilities) Act 2002 to leave relevant 10
licensed premises or a public place in the vicinity of relevant licensed 11
premises, or 12
(b) fails to leave relevant licensed premises after being required to do so 13
under section 77 (4) because the person is intoxicated, violent, 14
quarrelsome or disorderly, or 15
(c) contravenes section 77 (6) or (8) in relation to relevant licensed 16
premises, 17
prohibit the person, by order in writing given to the person (a temporary 18
banning order), from entering or remaining on any relevant licensed premises 19
for the period (not exceeding 48 hours) specified in the order. 20
(2) A police officer must not give a person a temporary banning order unless the 21
officer is satisfied that the conduct of the person which resulted in the person 22
being required to leave (or being refused admission to) the licensed premises 23
or other public place concerned is likely to continue and cause a public 24
nuisance or risk to public safety. 25
(3) A temporary banning order: 26
(a) does not have effect unless it is given by, or given with the approval of, 27
a police officer of or above the rank of sergeant, and 28
(b) must specify the grounds on which it is given. 29
(4) As soon as practicable after a person is given a temporary banning order, a 30
police officer is to provide the approved system provider with the following 31
information: 32
(a) the name and address of the person the subject of the order, 33
(b) the period that the order is in force. 34
(5) The approved system provider is required to immediately record that 35
information on the Kings Cross precinct ID scanner system. 36
(6) A person who is the subject of a temporary banning order must not enter or 37
attempt to enter or remain on any relevant licensed premises during the period 38
specified in the order. 39
Maximum penalty: 50 penalty units. 40
116AE Long-term banning orders--high risk venues 41
(1) The Authority may, by order in writing (a long-term banning order), prohibit 42
a person from entering or remaining on any high risk venue for such period 43
(not exceeding 12 months) as is specified in the order. 44
(2) A long-term banning order may only be made on application by the 45
Commissioner of Police in the manner approved by the Authority. 46
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Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
Schedule 1 Amendment of Liquor Act 2007 No 90
(3) The Authority may make a long-term banning order only if the Authority is 1
satisfied that the person the subject of the proposed order: 2
(a) has been charged with, or found guilty of, a serious indictable offence 3
involving alcohol-related violence (whether or not the offence was 4
committed in the Kings Cross precinct), or 5
(b) has been given 3 temporary banning orders during a period of 12 6
consecutive months. 7
(4) The Authority may not make a long-term banning order unless the person the 8
subject of the proposed order has been given notice of the application for the 9
order and has been given a reasonable opportunity to make submissions to the 10
Authority in relation to the application. 11
(5) In deciding whether to make a long-term banning order on the ground that a 12
person has been given 3 temporary banning orders, the Authority may take 13
into consideration the circumstances that resulted in the person being given 14
those orders. 15
(6) A long-term banning order takes effect on the date specified by the Authority 16
in the order. Notice of the making of the order is to be given to the person who 17
is the subject of the order, but failure to give notice does not affect the 18
operation of the order if a reasonable attempt has been made to notify the 19
person. 20
(7) As soon as practicable after the Authority makes a long-term banning order, 21
the Authority is to provide the approved system provider with the following 22
information: 23
(a) the name and address of the person who is the subject of the order, 24
(b) the period that the order is in force. 25
(8) The approved system provider is required to immediately record that 26
information in the Kings Cross precinct ID scanner system. 27
(9) A person who is the subject of a long-term banning order must not enter or 28
attempt to enter or remain on any high risk venue during the period specified 29
in the order. 30
Maximum penalty: 50 penalty units. 31
116AF Review by Administrative Decisions Tribunal of long-term banning orders 32
(1) A person who is the subject of a long-term banning order may apply to the 33
Administrative Decisions Tribunal for a review of the Authority's decision to 34
make the order. 35
(2) Section 53 of the Administrative Decisions Tribunal Act 1997 does not apply 36
in relation to the Authority's decision to make a long-term banning order. 37
[8] Section 116A Regulatory controls for licensed premises in Kings Cross precinct 38
Insert at the end of section 116A (2) (h): 39
, or 40
(i) require the appointment of a person, as approved by the 41
Director-General, who is to be present in a high risk venue during such 42
periods, or in such circumstances, as may be specified or determined by 43
the regulations (an approved manager), or 44
(j) require records to be kept of the times when an approved manager is 45
present in a high risk venue. 46
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Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
Schedule 1 Amendment of Liquor Act 2007 No 90
[9] Section 116A (4A) 1
Insert after section 116A (4): 2
(4A) In approving a person to be present in a high risk venue as required by licence 3
conditions imposed by the regulations under subsection (2) (i), the 4
Director-General must conduct a criminal record check in relation to the 5
person and be satisfied that the person has the experience and capacity to have 6
responsibility for the high risk venue during the relevant periods. It is the duty 7
of the Commissioner of Police to assist in any such criminal record check. 8
[10] Section 144B Definitions 9
Insert "Division 3 of Part 6," after "imposed under" in paragraph (b) of the definition of 10
prescribed offence. 11
[11] Section 152 Evidentiary provisions 12
Insert after section 152 (1) (n): 13
(n1) that a specified person is or was, at a specified time or during a specified 14
period, a staff member of licensed premises situated in the Kings Cross 15
precinct, 16
(n2) that a specified person was, at a specified time or during a specified 17
period, the manager of a high risk venue within the meaning of 18
section 116AA, 19
[12] Section 159 Regulations 20
Insert after section 159 (2) (f): 21
(f1) any matter relating to the operation of the Kings Cross precinct ID 22
scanner system and the use of patron ID scanners under Division 3 of 23
Part 6, 24
[13] Schedule 1 Savings and transitional provisions 25
Insert at the end of the Schedule with appropriate Part and clause numbering: 26
Part Provisions consequent on enactment of Liquor 27
Amendment (Kings Cross Plan of Management) Act 28
2013 29
Review of amendments relating to Kings Cross precinct ID scanner system 30
(1) The Minister is to review the amendments made by the Liquor Amendment 31
(Kings Cross Plan of Management) Act 2013 that relate to the operation of the 32
Kings Cross precinct ID scanner system under Division 3 of Part 6 of this Act 33
to determine whether the policy objectives of those amendments remain valid 34
and whether the terms of those amendments remain appropriate for securing 35
those objectives. 36
(2) The review is to be undertaken as soon as possible after the period of 37
12 months following the commencement of those amendments and the 38
Minister is to report to the Premier on the outcome of the review as soon as 39
practicable after the review is completed. 40
Page 9
Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
Schedule 2 Amendment of Liquor Regulation 2008
Schedule 2 Amendment of Liquor Regulation 2008 1
[1] Clause 3 Definitions 2
Insert in alphabetical order in clause 3 (1): 3
approved privacy course means a training course with respect to the protection 4
of the privacy of patrons of licensed premises and that is approved by the 5
Director-General. 6
[2] Clause 9A Exemption for small bar applications 7
Insert after clause 9A (3): 8
(4) Without limiting subclause (1), this Division does not apply to or in respect of 9
an application for a small bar licence if: 10
(a) the application relates to the same premises as the premises to which a 11
general bar licence relates, and 12
(b) development consent has been obtained under the Environmental 13
Planning and Assessment Act 1979 to sell liquor during the times to 14
which the application relates and those times are specified in the 15
development consent. 16
[3] Clause 39 Definitions 17
Insert in alphabetical order in clause 39 (1): 18
patron ID scanner means a patron ID scanner within the meaning of 19
Division 3 of Part 6 of the Act. 20
privacy endorsement, in relation to a recognised competency card, means an 21
endorsement on the card indicating that the holder of the card has successfully 22
completed an approved privacy course. 23
[4] Clause 39 (2) 24
Insert "or if it is not suspended or revoked" after "expired". 25
[5] Clause 39A Issue of recognised competency card 26
Insert after clause 39A (4): 27
(4A) A fee of $30 is payable to the Director-General for including a privacy 28
endorsement on a recognised competency card (whether at the time the card is 29
issued or at any other time). 30
[6] Clause 39AA 31
Insert after clause 39A: 32
39AA Kings Cross precinct--suspension or revocation of recognised competency 33
cards held by staff members 34
(1) This clause applies in relation to a person who is or was a staff member of 35
licensed premises situated in the Kings Cross precinct (referred to in this 36
clause as a relevant person). 37
(2) The Authority may, on application by the Director-General or the 38
Commissioner of Police, make any of the following orders: 39
(a) an order suspending, for the period specified by the Authority, the 40
recognised competency card held by a relevant person, 41
(b) an order revoking the recognised competency card held by a relevant 42
person, 43
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Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
Schedule 2 Amendment of Liquor Regulation 2008
(c) an order declaring that a relevant person is disqualified from holding a 1
recognised competency card for such period (not exceeding 12 months) 2
as is specified in the order. 3
(3) The Authority may only make an order under this clause in respect of a 4
relevant person if the Authority is satisfied that the person has, while a member 5
of staff of licensed premises situated in the Kings Cross precinct, contravened 6
any of the person's obligations under the Act or this Regulation: 7
(a) that, in the opinion of the Authority, relate to the responsible service of 8
alcohol, or 9
(b) that relate to the use of a patron ID scanner (including obligations 10
relating to the protection of any personal information recorded by a 11
patron ID scanner). 12
(4) The Authority may not make an order under this clause in respect of a relevant 13
person unless the person has been given notice of the application for the order 14
and has been given a reasonable opportunity to make submissions to the 15
Authority in relation to the application. 16
(5) An order under this clause takes effect on the date specified by the Authority 17
in the order. Notice of the making of the order is to be given to the relevant 18
person who is the subject of the order, but failure to give notice does not affect 19
the operation of the order if a reasonable attempt has been made to notify the 20
person. 21
(6) If the Authority makes an order under this clause in respect of a relevant 22
person, the person may apply to the Administrative Decisions Tribunal for a 23
review of the Authority's decision. 24
(7) Section 53 of the Administrative Decisions Tribunal Act 1997 does not apply 25
in relation to the Authority's decision to make an order under this clause. 26
(8) A person must not work in any capacity as an employee on any licensed 27
premises in New South Wales during any period in which: 28
(a) the person's recognised competency card is suspended by the Authority 29
under this clause, or 30
(b) the person is disqualified under this clause from holding a recognised 31
competency card. 32
Maximum penalty: 50 penalty units. 33
(9) If a recognised competency card is suspended or revoked under this clause, the 34
person to whom it was issued must surrender the recognised competency card 35
to the Director-General if required to do so by the Authority. 36
Maximum penalty: 20 penalty units. 37
(10) A person (the employer) does not commit an offence under clause 40 (2) or 38
(2A), 40A (2), 42 (1) or (1A) or 42A (1) in relation to a person whose 39
recognised competency card has been suspended or revoked by the Authority 40
under this clause if: 41
(a) the person presents the employer with a recognised competency card 42
that appears to be current, and 43
(b) the employer is satisfied on reasonable grounds that the card is current. 44
Page 11
Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
Schedule 2 Amendment of Liquor Regulation 2008
[7] Clause 40A 1
Insert after clause 40: 2
40A Obligations of licensee as to use of patron ID scanners in Kings Cross precinct 3
(1) The licensee of licensed premises situated in the Kings Cross precinct must 4
not: 5
(a) use a patron ID scanner on the premises, or 6
(b) cause or permit a patron ID scanner to be used on the premises, 7
unless the licensee holds a current recognised competency card with a privacy 8
endorsement or a certificate issued by the Director-General that the licensee 9
has successfully completed an approved privacy course. 10
Maximum penalty: 50 penalty units. 11
(2) The licensee of licensed premises situated in the Kings Cross precinct must not 12
cause or permit a staff member to use a patron ID scanner on the premises 13
unless the staff member holds: 14
(a) a current recognised competency card with a privacy endorsement, or 15
(b) a certificate issued by the Director-General that the staff member has 16
successfully completed an approved privacy course. 17
Maximum penalty: 50 penalty units. 18
(3) Subclause (1) does not apply to: 19
(a) a person who is taken to be the licensee pursuant to section 62 of the 20
Act, or 21
(b) a licensee that is a corporation. 22
(4) A certificate referred to in this clause that a person has successfully completed 23
an approved privacy course ceases to have effect after 28 days following the 24
completion of the approved privacy course to which the certificate relates. 25
[8] Clause 41A 26
Insert after clause 41: 27
41A Obligations of staff members as to use of patron ID scanners in Kings Cross 28
precinct 29
(1) A staff member of licensed premises situated in the Kings Cross precinct must 30
not use a patron ID scanner on the premises unless the staff member holds: 31
(a) a current recognised competency card with a privacy endorsement, or 32
(b) a certificate issued by the Director-General that the staff member has 33
successfully completed an approved privacy course. 34
Maximum penalty: 20 penalty units. 35
(2) Any such certificate ceases to have effect after 28 days following the 36
completion of the course to which the certificate relates. 37
[9] Clause 53A Special licence conditions 38
Omit "and 53N" from clause 53A (2). Insert instead ", 53N and 53NA". 39
Page 12
Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
Schedule 2 Amendment of Liquor Regulation 2008
[10] Clause 53NA 1
Insert after clause 53N: 2
53NA Hours of operation signage to be displayed 3
(1) The licensee of subject premises must ensure that a sign containing the 4
following information is prominently displayed at or near every entrance by 5
which patrons may enter the premises and in such a manner and in such a 6
position that a patron entering the premises would reasonably be expected to 7
be alerted to its contents: 8
(a) the times during which liquor is authorised to be sold or supplied on the 9
premises, 10
(b) any other times during which the premises are authorised to be open for 11
business. 12
(2) Any such sign must be in the form approved by the Director-General. 13
[11] Clause 53O Alcohol sales data 14
Omit "during such period as may be specified by the Director-General by notice in writing 15
served on the licensee" from clause 53O (1). 16
Insert instead "in respect of each quarterly period commencing 1 July, 1 October, 1 January 17
and 1 April in any year". 18
[12] Clause 53O (1) 19
Insert ", in that period," after "sold or supplied". 20
[13] Clause 53O (2) (b) 21
Omit "in accordance with the arrangements specified in the notice to the licensee". 22
[14] Clause 53O (3) 23
Insert after clause 53O (2): 24
(3) The requirement to make and keep records under this clause does not apply 25
until the beginning of the next quarterly period following the date on which the 26
amendments made by the Liquor Amendment (Kings Cross Plan of 27
Management) Act 2013 to this clause commence. 28
[15] Clause 53Q 29
Insert after clause 53P: 30
53Q Information recorded by patron ID scanners 31
For the purposes of section 116AC (1) (e) of the Act, the following 32
information is prescribed: 33
(a) the identification details (within the meaning of section 116AA of the 34
Act) of a person, 35
(b) the photograph appearing on a person's photo ID (as referred to in 36
section 116AC of the Act). 37
Page 13
Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
Schedule 2 Amendment of Liquor Regulation 2008
[16] Schedule 2 Penalty notice offences 1
Insert in appropriate order in the matter relating to offences under the Liquor Act 2007: 2
Section 116AC (3) $550
Section 116AD (6) $550
Section 116AE (9) $2,200
[17] Schedule 2 3
Insert in appropriate order in the matter relating to offences under the Liquor 4
Regulation 2008: 5
Clause 39AA (8) $550
Clause 39AA (9) $220
Clause 40A $1,100
Clause 41A $440
Page 14
Liquor Amendment (Kings Cross Plan of Management) Bill 2013 [NSW]
Schedule 3 Amendment of Gaming and Liquor Administration Act 2007 No 91
Schedule 3 Amendment of Gaming and Liquor 1
Administration Act 2007 No 91 2
Section 36A Review by Authority of certain decisions by Director-General under 3
gaming and liquor legislation 4
Insert after subparagraph (viii) of the definition of reviewable decision in 5
section 36A (1) (a): 6
(viiia) a decision of the Director-General under section 116AA (4) to 7
designate licensed premises as a high risk venue, 8
Page 15
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