sec.328Declaration and validation relating to particular licences

### sec.328 Declaration and validation relating to particular licences This section applies to a commercial special facility licence in relation to the period (the relevant period )— starting on or after 1 January 2009 and ending on or before the commencement; and during which the licence— was not endorsed with an extended trading hours approval granted under part 4, division 7; and purportedly authorised the sale of liquor on the licensed premises, on a day other than Anzac Day, Good Friday or Christmas Day, during a time starting at or after 12a.m. and ending at or before 5a.m. (the authorised post-midnight trading hours ). During the relevant period— section 64, as amended by the amending Act, is taken to have applied to the licence; and the licence is taken to have been endorsed with an extended trading hours approval for trading during the authorised post-midnight trading hours for the licence. Without limiting subsection (2)— licence fees for the licence relating to any part of the relevant period are payable, and are taken to have been payable during the relevant period, as if an extended trading hours approval granted under part 4, division 7 were in force for the authorised post-midnight trading hours; and anything done during or after the relevant period in relation to a licence fee is, and is taken to have been during the relevant period, as valid as it would have been if an extended trading hours approval granted under part 4, division 7 were in force for the authorised post-midnight trading hours. assessment of a licence fee payable demand for payment of a licence fee payment of a licence fee Subsections (2) and (3)— do not apply for the purpose of a legal proceeding decided before the commencement; but otherwise apply for all purposes, including— a legal proceeding started, but not decided, before the commencement; and a legal proceeding started after the commencement. Subsection (2)(a) does not apply in relation to trading on Anzac Day, Good Friday or Christmas Day during the relevant period. No compensation is payable by the State to any person because of the operation of this section. s 328 ins 2014 No. 42 s 81 (sec.328-ssec.1) This section applies to a commercial special facility licence in relation to the period (the relevant period )— starting on or after 1 January 2009 and ending on or before the commencement; and during which the licence— was not endorsed with an extended trading hours approval granted under part 4, division 7; and purportedly authorised the sale of liquor on the licensed premises, on a day other than Anzac Day, Good Friday or Christmas Day, during a time starting at or after 12a.m. and ending at or before 5a.m. (the authorised post-midnight trading hours ). (sec.328-ssec.2) During the relevant period— section 64, as amended by the amending Act, is taken to have applied to the licence; and the licence is taken to have been endorsed with an extended trading hours approval for trading during the authorised post-midnight trading hours for the licence. (sec.328-ssec.3) Without limiting subsection (2)— licence fees for the licence relating to any part of the relevant period are payable, and are taken to have been payable during the relevant period, as if an extended trading hours approval granted under part 4, division 7 were in force for the authorised post-midnight trading hours; and anything done during or after the relevant period in relation to a licence fee is, and is taken to have been during the relevant period, as valid as it would have been if an extended trading hours approval granted under part 4, division 7 were in force for the authorised post-midnight trading hours. assessment of a licence fee payable demand for payment of a licence fee payment of a licence fee (sec.328-ssec.4) Subsections (2) and (3)— do not apply for the purpose of a legal proceeding decided before the commencement; but otherwise apply for all purposes, including— a legal proceeding started, but not decided, before the commencement; and a legal proceeding started after the commencement. (sec.328-ssec.5) Subsection (2)(a) does not apply in relation to trading on Anzac Day, Good Friday or Christmas Day during the relevant period. (sec.328-ssec.6) No compensation is payable by the State to any person because of the operation of this section. - (a) starting on or after 1 January 2009 and ending on or before the commencement; and - (b) during which the licence— (i) was not endorsed with an extended trading hours approval granted under part 4, division 7; and (ii) purportedly authorised the sale of liquor on the licensed premises, on a day other than Anzac Day, Good Friday or Christmas Day, during a time starting at or after 12a.m. and ending at or before 5a.m. (the authorised post-midnight trading hours ). - (i) was not endorsed with an extended trading hours approval granted under part 4, division 7; and - (ii) purportedly authorised the sale of liquor on the licensed premises, on a day other than Anzac Day, Good Friday or Christmas Day, during a time starting at or after 12a.m. and ending at or before 5a.m. (the authorised post-midnight trading hours ). - (i) was not endorsed with an extended trading hours approval granted under part 4, division 7; and - (ii) purportedly authorised the sale of liquor on the licensed premises, on a day other than Anzac Day, Good Friday or Christmas Day, during a time starting at or after 12a.m. and ending at or before 5a.m. (the authorised post-midnight trading hours ). - (a) section 64, as amended by the amending Act, is taken to have applied to the licence; and - (b) the licence is taken to have been endorsed with an extended trading hours approval for trading during the authorised post-midnight trading hours for the licence. - (a) licence fees for the licence relating to any part of the relevant period are payable, and are taken to have been payable during the relevant period, as if an extended trading hours approval granted under part 4, division 7 were in force for the authorised post-midnight trading hours; and - (b) anything done during or after the relevant period in relation to a licence fee is, and is taken to have been during the relevant period, as valid as it would have been if an extended trading hours approval granted under part 4, division 7 were in force for the authorised post-midnight trading hours. Examples of things that may be done in relation to a licence fee— • assessment of a licence fee payable • demand for payment of a licence fee • payment of a licence fee - • assessment of a licence fee payable - • demand for payment of a licence fee - • payment of a licence fee - • assessment of a licence fee payable - • demand for payment of a licence fee - • payment of a licence fee - (a) do not apply for the purpose of a legal proceeding decided before the commencement; but - (b) otherwise apply for all purposes, including— (i) a legal proceeding started, but not decided, before the commencement; and (ii) a legal proceeding started after the commencement. - (i) a legal proceeding started, but not decided, before the commencement; and - (ii) a legal proceeding started after the commencement. - (i) a legal proceeding started, but not decided, before the commencement; and - (ii) a legal proceeding started after the commencement.