sec.403Transitional provision for applications continued under Liquor Act 1992 for removal of licences under Liquor Act 1912 , s 49A

### sec.403 Transitional provision for applications continued under Liquor Act 1992 for removal of licences under Liquor Act 1912 , s 49A This section applies to each of the following— a person who is, on or after the commencement day, entitled under the Liquor Act 1992 to continue with an application for removal of a liquor licence; a person who is the holder of a liquor licence for premises to which the liquor licence was removed on or after 11 April 2002 as the result of an application for removal of the liquor licence. The person may make an application for a gaming machine licence for liquor premises. The gaming application must be made— before the end of the application period; and as an application under section 56 for a gaming machine licence. A gaming application made as required under subsection (3) is to be dealt with as if it were an application for a gaming machine licence properly made under this Act and the liquor premises are to be dealt with as if the premises were to be category 1 licensed premises. If the liquor premises specified in the gaming application change, the applicant for the gaming application must amend the gaming application to reflect the change. The amendment of the gaming application is authorised to the extent it changes the premises specified in the gaming application to reflect the variation of the liquor premises, and the gaming application continues despite the amendment. If the commission has not made a decision about the gaming application by 31 January 2003, the application lapses at the end of that day unless the commission fixes a date under subsection (8) for it to lapse. Before 31 January 2003, the commission may fix a date after 31 January 2003 as the date for a gaming application to lapse if— the chief executive receives an application for deferment of the lapsing of the gaming application before or at 5p.m. on 31 December 2002; and the commission is, after considering the application for deferment, satisfied there are exceptional circumstances for a deferment of the lapsing of the gaming application; and the date fixed is no later than 30 June 2003. If the commission fixes a date under subsection (8) as the date for a gaming application to lapse and the commission has not made a decision about the gaming application immediately before the end of that day, the gaming application lapses at the end of that day. An applicant for deferment must include as part of the application all supporting information and material the applicant considers relevant to establish the exceptional circumstances for the deferment. This section is not limited by section 56 or division 5. In this section— application for removal of a liquor licence means an application continued under the Liquor Act 1992 , section 238A , that has not been disposed of before the commencement day. application period means the period starting on the commencement day and ending on 1 October 2002. commencement day means the day on which the Revenue and Other Legislation Amendment Act 2002 , part 6 , commences. gaming application means an application made under subsection (2). liquor premises means— premises that, as the result of an application for removal of a liquor licence, are licensed premises within the meaning of the Liquor Act 1992 ; or premises the subject of an application for removal of a liquor licence, and to which the liquor licence is to be removed on the grant of the application. s 403 ins 2002 No. 17 s 43 (sec.403-ssec.1) This section applies to each of the following— a person who is, on or after the commencement day, entitled under the Liquor Act 1992 to continue with an application for removal of a liquor licence; a person who is the holder of a liquor licence for premises to which the liquor licence was removed on or after 11 April 2002 as the result of an application for removal of the liquor licence. (sec.403-ssec.2) The person may make an application for a gaming machine licence for liquor premises. (sec.403-ssec.3) The gaming application must be made— before the end of the application period; and as an application under section 56 for a gaming machine licence. (sec.403-ssec.4) A gaming application made as required under subsection (3) is to be dealt with as if it were an application for a gaming machine licence properly made under this Act and the liquor premises are to be dealt with as if the premises were to be category 1 licensed premises. (sec.403-ssec.5) If the liquor premises specified in the gaming application change, the applicant for the gaming application must amend the gaming application to reflect the change. (sec.403-ssec.6) The amendment of the gaming application is authorised to the extent it changes the premises specified in the gaming application to reflect the variation of the liquor premises, and the gaming application continues despite the amendment. (sec.403-ssec.7) If the commission has not made a decision about the gaming application by 31 January 2003, the application lapses at the end of that day unless the commission fixes a date under subsection (8) for it to lapse. (sec.403-ssec.8) Before 31 January 2003, the commission may fix a date after 31 January 2003 as the date for a gaming application to lapse if— the chief executive receives an application for deferment of the lapsing of the gaming application before or at 5p.m. on 31 December 2002; and the commission is, after considering the application for deferment, satisfied there are exceptional circumstances for a deferment of the lapsing of the gaming application; and the date fixed is no later than 30 June 2003. (sec.403-ssec.9) If the commission fixes a date under subsection (8) as the date for a gaming application to lapse and the commission has not made a decision about the gaming application immediately before the end of that day, the gaming application lapses at the end of that day. (sec.403-ssec.10) An applicant for deferment must include as part of the application all supporting information and material the applicant considers relevant to establish the exceptional circumstances for the deferment. (sec.403-ssec.11) This section is not limited by section 56 or division 5. (sec.403-ssec.12) In this section— application for removal of a liquor licence means an application continued under the Liquor Act 1992 , section 238A , that has not been disposed of before the commencement day. application period means the period starting on the commencement day and ending on 1 October 2002. commencement day means the day on which the Revenue and Other Legislation Amendment Act 2002 , part 6 , commences. gaming application means an application made under subsection (2). liquor premises means— premises that, as the result of an application for removal of a liquor licence, are licensed premises within the meaning of the Liquor Act 1992 ; or premises the subject of an application for removal of a liquor licence, and to which the liquor licence is to be removed on the grant of the application. - (a) a person who is, on or after the commencement day, entitled under the Liquor Act 1992 to continue with an application for removal of a liquor licence; - (b) a person who is the holder of a liquor licence for premises to which the liquor licence was removed on or after 11 April 2002 as the result of an application for removal of the liquor licence. - (a) before the end of the application period; and - (b) as an application under section 56 for a gaming machine licence. - (a) the chief executive receives an application for deferment of the lapsing of the gaming application before or at 5p.m. on 31 December 2002; and - (b) the commission is, after considering the application for deferment, satisfied there are exceptional circumstances for a deferment of the lapsing of the gaming application; and - (c) the date fixed is no later than 30 June 2003. - (a) premises that, as the result of an application for removal of a liquor licence, are licensed premises within the meaning of the Liquor Act 1992 ; or - (b) premises the subject of an application for removal of a liquor licence, and to which the liquor licence is to be removed on the grant of the application.