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An Act to further amend the Licensing Act, 1917, and

for other purposes.

[Assented to, December 6th, 1923.)
it Enacted by the Governor of the State of South Australia,

with the advice and consent of the Parliament thereof, as follows:

BE

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) v. not sold or delivered at any place other than at the Exemption of vineyard or orchard in the occupation of the person

vignerons. selling and delivering the same.

(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, than one principal

as under the provisions of subsection (2) of section 13 of the principal for purchase of Act shall be liable to a penalty of not more than Twenty Pounds. liquor under s..13 Licensing Act Amendment Act.—1923.

of principal Act. 4. Subsection

1604

Amendment of prin. cipal Act, s. 80 Effect of conviction for trifling offence.

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.

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

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 (6) thereof and by substituting therefor the words “ who at any time within

the six months preceding his death ”; (6) by striking out the words “at the time of his death in

the last line of subdivision (6) 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 (6)

thereof and by adding thereto the following sub-
division-
(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 passage “ 187,.

"

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.

66

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 (6) by inserting the words or mother” after the word “ sister

in the second line of subsection (3) thereof.

Amendment of 8. Subsection (2) of section 182 of the principal Act is amended ibid., s. 182 (2)—

by inserting the words“ or mother” after the word “sister” in the Mother of licensee may act as barmaid. second line thereof.

Amendment of 9. Subsection (1) of section 183 of the principal Act is amended ibid., s. 183 (1)Mother of licensee by inserting the word “mother

mother” after the word “sister" in the may be employed first line thereof. in bar-room after six p.m. Amendment of 10. Subsection (1) of section 213 of the principal Act is amended ibid., s. 213 (1)-

by striking out the word “constable” in the second line thereof and Authorised member of Police Force may substituting therefor the words “member of the Police Force.” enter licensed premises.

11. Section

Licensing Act Amendment Act.—1923. 11. Section 269 of the principal Act is amended by striking out Amendment of

ibid., . the number - 202” in the third line thereof and substituting Offences for which therefor the passage “ 203, 201”.

licence may be

forfeited.

be

ibid., s. 281.

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 Premises alleged to he licensed premises shall, for all purposes connected with and be licensed to be in all proceedings under or upon such complaint, be deemed to licensed unless be licensed premises, unless at the hearing of such complaint contrary is shown.

the Special Magistrate or Justices are satisfied to the contrary. 13. Section 281 of the principal Act is amended

Amendment of (a) by striking out the word “supply "in the first line of sub

section (1) thereof;
(b) by striking out the words “ or supply" in the penulti-

mate 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 Delivery of liquor

to be prima facie
licensed or unlicensed person, or by the owner or evidence of supply.
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.

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

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An Act to provide for the Control of Irrigation at Pyap

Settlement on the River Murray.

[Assented to, November 28th, 1923.] W 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 Llocks 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

of

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