4.00pm, 26th March, 2020
Liquor and Gaming Statement of Regulatory Intent
Liquor and Gaming NSW has issued a Statement of Regulatory Intent in regard to COVID-19 coronavirus. The Statement can be accessed here.
In summary, Liquor and Gaming NSW recognises that the COVID-19 pandemic has created an exceptional set of circumstances and will have significant impacts on businesses, and that this will require flexibility on the part of the regulator.
While legislative requirements remain in force, Liquor & Gaming NSW will have regard to the unprecedented pressures on industry and take a reasonable and proportionate response to compliance.
Compliance and enforcement activity will continue, but with a primary focus on matters that pose significant risk to public safety and community wellbeing, and in particular the sale or supply of alcohol to intoxicated persons or minors.
Clubs that elect to make takeaway sales or home deliveries of alcohol should have a system of controls in place to ensure liquor is not sold to minors or intoxicated persons.
JobSeeker Allowance and Coronavirus Supplement - Update
Further to yesterday’s circular 20:039, Member Clubs are advised that Services Australia have now updated their advice regarding JobSeeker Allowance and Coronavirus Supplement payment applications.
Do employees need a Separation Certificate to receive the JobSeeker Allowance and Coronavirus Supplement payments?
No. This requirement has been waived. Employees who have not been terminated, only temporarily stood down, or those working reduced hours will now be able to apply without a Separation Certificate.
Do employees need to exhaust their annual leave and long service leave entitlements before being eligible for the JobSeeker Allowance and Coronavirus Supplement payments?
No. Employees will not need to exhaust their leave entitlements before being able to access the payments. This is because the “liquid asset” test waiting period has been waived from 25 March 2020 to 24 September 2020. Normally, liquid assets are any funds readily available to an employee (and their partner). This includes any money the club owes to its employee, such as annual and long service leave accruals.
Please note however employees are still unable to use their paid leave concurrently with the JobSeeker allowance. For more information, please visit Services Australia - JobSeeker Allowance.
New safe harbour for trading while insolvent
In the circular distributed on Monday (20-037), ClubsNSW advised that the Government was progressing legislation to give directors relief from personal liability for trading while insolvent. This legislation has now been enacted and gives directors a safe harbour for the 25 March to 24 August 2020 period (inclusive).
AML/CTF 2019 compliance report
Members are reminded that if they have 16 or more gaming machines, they must submit their 2019 Compliance Reports to AUSTRAC by 31 March 2020.
If you have less than 16 gaming machines you may still need to log into your AUSTRAC Online portal and submit that no changes to the number of gaming machines has occurred over the last 12 months.
If you are unable to complete the compliance report by 31 March due to COVID-19, AUSTRAC has recommended you advise them of not being able to meet the deadline.
For more information, or to advise you are not able to submit the report in time, contact AUSTRAC on 1300 021 037, and select option ‘1’ for 2019 Compliance reports.
For more information or any questions, please contact the ClubsNSW Members Enquiries Centre.