An Act to further amend the Licensing Act, 1917, and for other purposes.

BE

[Assented to, December 6th, 1923.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

follows:

1. (1) This Act may be cited as the "Licensing Act Amend- Short titles. ment Act, 1923."

(2) The Licensing Acts, 1917 to 1922, and this Act may be cited together as the "Licensing Acts, 1917 to 1923."

(3) The Licensing Act, 1917, is hereinafter referred to as "the No. 1322 of 1917. principal Act."

2. This Act is incorporated with the other Acts mentioned in Incorporation with section 1, and those Acts and this Act shall be read as one Act.

other Acts.

3. (1) Subsection (2) of section 13 of the principal Act is amended Amendment of by adding thereto the following paragraph:-

principal Act, s. 13 (2)

vignerons.

v. not sold or delivered at any place other than at the Exemption of
vineyard or orchard in the occupation of the
selling and delivering the same.

person

as agents for more

(2) Any person who, acting as an agent for more than one person, Persons not to act purchases or accepts delivery of any mead, wine, cider, or perry under the provisions of subsection (2) of section 13 of the principal Act shall be liable to a penalty of not more than Twenty Pounds.

1604

4. Subsection

than one principal for purchase of liquor under s. 13 of principal Act.

Amendment of prin cipal Act, s. 80–

Effect of conviction for trifling offence.

Amendment of ibid., s. 87 (2)— Widow may hold publican's or wine licence in certain

cases.

Amendment of
ibid., s. 129-
Offences in respect
of railway licences.

Amendment of
ibid., s. 178 (1) and
(3)-

Mother of licensee
may serve in bar-
room.

Amendment of ibid., s. 182 (2)— Mother of licensee

Licensing Act Amendment Act.-1923.

4. Subsection (1) of section 80 of the principal Act is amended by adding at the end thereof the following proviso:

Provided that if the special Magistrate or Justices by whom such person is convicted of any such offence as in this section before mentioned consider such offence is of a trifling nature and in the order of conviction certify accordingly, this section shall not apply in respect of such offence.

5. Subsection (2) of section 87 of the principal Act is amended— (a) by striking out the words "who at the time of his death. in the first line of subdivision (b) thereof and by substituting therefor the words "who at any time within the six months preceding his death";

(b) by striking out the words "at the time of his death" in the last line of subdivision (b) thereof and by substituting there for the words "at any time within the six months preceding his death"; and

(c) by inserting the word "or" at the end of subdivision (b) thereof and by adding thereto the following subdivision

(c) is at the time of becoming a widow the holder of such a licence or the owner or lessee of premises in respect of which such a licence is current at such time.

6. Section 129 of the principal Act is amended by inserting after the word "sections" in the first line thereof the " in the first line thereof the passage " 187,".

7. Section 178 of the principal Act is amended

(a) by inserting the words "or his mother " after the word "step-daughter" in the third line of subsection (1) thereof; and

(b) by inserting the words or mother after the word 66 sister in the second line of subsection (3) thereof.

8. Subsection (2) of section 182 of the principal Act is amended by inserting the words "or mother" after the word "sister" in the may act as barmaid. second line thereof.

Amendment of

ibid., s. 183 (1)— Mother of licensee may be employed in bar-room after

six p.m. Amendment of

ibid., s. 213 (1)—–

9. Subsection (1) of section 183 of the principal Act is amended. by inserting the word "mother" after the word "sister" in the first line thereof.

10. Subsection (1) of section 213 of the principal Act is amended by striking out the word "constable " in the second line thereof and of Police Force may substituting therefor the words "member of the Police Force."

Authorised member

enter licensed

premises.

11. Section

Licensing Act Amendment Act.-1923.

ibid., s. 269

11. Section 269 of the principal Act is amended by striking out Amendment of the number "202" in the third line thereof and substituting Offences for which therefor the passage "203, 204”. licence may be forfeited.

12. Section 279 of the principal Act is amended by adding at the Amendment of end thereof the following subsection (the preceding part of the said ibid., s. 279. section being read as subsection (1) thereof) :

(2) Any premises alleged in any complaint under this Act to be licensed premises shall, for all purposes connected with and in all proceedings under or upon such complaint, be deemed to be licensed premises, unless at the hearing of such complaint the Special Magistrate or Justices are satisfied to the contrary.

13. Section 281 of the principal Act is amended

(a) by striking out the word "supply "in the first line of subsection (1) thereof;

(b) by striking out the words "or supply" in the penultimate line of subsection (1) thereof;

(c) by striking out the words "or supply" in the fifth line of subsection (2) thereof; and

(d) by inserting after subsection (2) thereof the following subsection:

(2A) The delivery to any person of liquor by a licensed or unlicensed person, or by the owner or occupier of any licensed or unlicensed house, place, or premises, or by his servant or any other person in the licensed or unlicensed house, place, or premises shall be deemed to be prima facie evidence of the supply of liquor by the holder of the licence, or by the person delivering the liquor.

(e) by adding to subsection (3) thereof the following proviso:

Provided that if the said premises are licensed premises
this subsection shall not apply unless one or more of such
persons is not an excepted person.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

TOM BRIDGES, Governor.

Premises alleged to be licensed to be licensed unless contrary is shown.

deemed to be

Amendment of ibid., s. 281.

Delivery of liquor evidence of supply. to be prima facie

Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace.

WH

[Assented to, November 28th, 1923.]

HEREAS Pyap Proprietary, Limited, a Company incor- Preamble. porated in the State of Victoria as a Company with limited liability and registered in the State of South Australia under the provisions of Part VIII. of the Companies Act, 1892, was the lessee under Crown Lease Perpetual, No. 8669, of Section 17, in the Hundred of Pyap, in the County of Alfred, more particularly described in Certificate of Title, volume 519, folio 23: AND WHEREAS for the purpose of irrigating the said land the said Pyap Proprietary, Limited, erected a pumping station, plant, and machinery, and made, constructed, or provided irrigation channels and works: AND WHEREAS the said Pyap Proprietary, Limited, subdivided the land comprised in the said Crown Lease Perpetual, No. 8669, into irrigation blocks for the purpose of selling the same: AND WHEREAS all the said irrigation blocks were offered for sale: AND WHEREAS most of the said blocks were sold to divers persons and duly transferred to them: AND WHEREAS portion of the said Crown Lease Perpetual, No. 8669, has not yet been sold and the said Pyap Proprietary, Limited, still retains possession of the same under and by virtue of the said Crown Lease Perpetual, No. 8669: AND WHEREAS the said Pyap Proprietary, Limited, is ready and willing to sell the portion of the said Crown Lease Perpetual, No. 8669, still remaining unsold or any part thereof: AND WHEREAS the said blocks were sold, or offered for sale, with the intention that an Irrigation Trust should be created to manage and control the said irrigation works and plant for the benefit of the purchasers or holders

A

of