Schedule 1 Section 3 Liquor Act 2007 | General Provisions for Existing Licences


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The Legislation

Schedule 1 Section 3 of the Liquor Act 2007 (NSW) is concerned with General Provisions for Existing Licences and is set out below.

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3 General provisions

(1) An existing licence is taken to be a licence of the corresponding kind (as determined in accordance with this Division) in force under this Act. Transitional arrangements dealing with existing certificates of registration for registered clubs, and the continuation of existing trading hours for registered clubs, are contained in Part 20 of Schedule 2 to the Registered Clubs Act 1976.

(2) Any such existing licence may be dealt with under, and is otherwise subject to, the provisions of this Act and the regulations.

(3) Subject to the regulations, an existing licence is not subject to the conditions or restrictions to which the licence was subject under the former Act other than a condition or restriction imposed by the former Court or the former Board specifically in relation to the existing licence or the licensed premises to which it relates.

(4) Any such condition or restriction imposed by the former Court or the former Board in relation to an existing licence or the licensed premises to which it relates is taken to be a condition or restriction imposed by the Authority under this Act (and accordingly a reference to the former Court or the former Board in or in relation to any such existing condition or restriction is to be construed as a reference to the Authority). The Authority has such powers as are necessary to continue to give effect to any such condition or restriction and may vary or revoke the condition or restriction in accordance with this Act.

(5) A reference in any other Act, or in an instrument under any other Act or in any other document, to an existing liquor licence of any kind is to be read as a reference to a licence of the corresponding kind (as determined in accordance with this Division).

(6) A reference in this Division to any condition, restriction or authorisation under the former Act is a reference to a condition, restriction or authorisation that had effect (or was otherwise in force) under the former Act immediately before its repeal by this Act.

(7) In this clause, a reference to the former Act includes a reference to the Liquor (Repeals and Savings) Act 1982.