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Commencement of new gaming and liquor legislation

Most of provisions in the Gaming and Liquor Administration Amendment Act 2015, which was passed by the NSW Parliament in November 2015, commenced on 1 February 2016 as part of the Government's liquor and gaming structural reforms.

Those provisions that commenced on 1 February 2016:

  • clarify that ILGA does not employ staff, with staff previously employed by the Authority now employed by the Department of Justice.
  • abolish the position of Chief Executive Officer of the Authority.
  • enable the responsible Minister to issue directions of an administrative nature to the Authority.
  • enable the Authority to review certain licensing decisions made under delegation by designated staff of the Department of Justice.
  • require the Authority to take into consideration any submissions and recommendations made by the Secretary, Department of Justice in relation to a matter.
  • clarify that the Secretary, Department of Justice, has standing to prosecute offences under the Casino Control Act 1992.

Those provisions in the Act enabling the NSW Civil and Administrative Tribunal to review certain ILGA decisions are expected to commence on 1 March 2016.

The Gaming and Liquor Administration Amendment (Review of Delegated Decisions) Regulation 2016 also commenced on 1 February 2016.

The Regulation enables prescribed ILGA decisions made under delegation by Department of Justice staff to be subject to a merits review by ILGA. Delegated decisions reviewable by ILGA are an application lodged from 1 February 2016 for the grant or removal of a small bar licence, a producer/wholesaler licence that includes an application for a drink on premises authorisation, and an on premises licence relating to a:

  • restaurant with a primary service authorisation,
  • karaoke bar,
  • catering service and,
  • vessel.

The Regulation also enables delegated decisions in relation to an application lodged from 1 February 2016 for extended trading for the above licences to permit the sale of liquor after midnight to be reviewed by ILGA.

A $100 fee applies to any other person who has standing to seek a review of a prescribed delegated decision. Under the Gaming and Liquor Administration Act 2007, standing is limited to those persons ​required to be notified of the application and who made a submission in relation to the application.