2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Liquor Bill 2010 Contents Page Part 1 Preliminary Division 1.1 Introduction 1 Name of Act 2 2 Commencement 2 3 Dictionary 2 4 Notes 3 5 Offences against Act--application of Criminal Code etc 3 6 Application of Act--generally 3 7 Application of Act--sale of liquor 4 8 Application of Act--sale of liquor at universities 4 J2009-244 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Division 1.2 Objects and principles 9 Object of Act 6 10 Harm minimisation and community safety principles 6 Division 1.3 Important concepts 11 What is liquor? 8 12 Offence--sell liquor without licence or permit 8 13 Offence--fail to comply with condition of licence or permit 9 14 Who is a close associate? 9 15 Who is an influential person for a corporation? 10 Part 2 Liquor licences Division 2.1 Classes of licences 16 What is a licence? 12 17 What is a general licence? 12 18 What is an on licence? 13 19 What is an off licence? 13 20 What is a club licence? 14 21 What is a special licence? 14 Division 2.2 On licences--subclasses 22 What is a bar licence? 15 23 What is a nightclub licence? 15 24 What is a restaurant and cafe licence? 16 Division 2.3 Licences--application and decision 25 Licence--application 16 26 Licence--public consultation 18 27 Licence--decision on application 18 28 Licence--occupancy loading 20 29 Licence--adults-only areas 21 30 Licence--form 21 31 Licence--conditions 22 32 Licence--term 23 Division 2.4 Licences--public consultation 33 Definitions--div 2.4 23 contents 2 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 34 Licence--public notification of application 24 35 Licence--representations 25 36 What is the public consultation period?--div 2.5 26 Division 2.5 Licences--amendment, transfer, renewal, etc 37 Licence--amendment initiated by commissioner 26 38 Licence--amendment on application by licensee 28 39 Licence--amendment for change to floor plan of licensed premises 30 40 Licence--application to transfer licence 32 41 Licence--decision on application to transfer licence 33 42 Licence--application for renewal 35 43 Licence--decision on application for renewal 35 44 Licence--replacing when lost, stolen or destroyed 37 45 Licence--surrender 37 46 Offence--fail to return licence 38 Part 3 Liquor permits Division 3.1 Classes of permits 47 What is a permit? 39 48 What is a commercial permit? 39 49 What is a non-commercial permit? 39 Division 3.2 Permits--application and decision 50 Permit--application 40 51 Permit--decision on application 41 52 Permit--occupancy loading 43 53 Permit--adults-only areas 43 54 Permit--form 43 55 Permit--conditions 44 56 Permit--term 45 Division 3.3 Permits--amendment, transfer, renewal, etc 57 Permit--amendment initiated by commissioner 46 58 Permit--amendment on application by permit-holder 47 59 Permit--not transferable 49 60 Permit--commercial permit not renewable 49 Liquor Bill 2010 contents 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 61 Permit--application for renewal of non-commercial permit 49 62 Permit--decision on application for renewal of non-commercial permit 50 63 Permit--replacing when lost, stolen or destroyed 51 64 Permit--surrender 52 65 Non-commercial permit--cancellation 52 66 Offence--fail to return permit 53 Part 4 Suitability of people and premises for licences and permits Division 4.1 Suitability of people for licences and permits 67 Who is a suitable person? 54 68 Commissioner must consider suitability information, etc 54 69 What is suitability information about a person? 55 70 What is an eligible club? 58 71 Commissioner may require police certificate etc for person 59 72 Commissioner need not decide suitability if certificate etc not provided 60 73 Offence--ongoing duty to update person's suitability information 60 Division 4.2 Suitability of premises for licences and permits 74 Who is the responsible person for premises?--div 4.2 61 75 What are suitable premises? 61 76 Commissioner must consider suitability information, etc 61 77 Commissioner must decide premises not suitable in some circumstances 62 78 What is suitability information about premises? 63 79 Commissioner may require certificate, plan, etc for premises 65 80 Commissioner may require inspection of premises 66 81 Commissioner need not decide suitability if requirements not complied with 66 82 Offence--ongoing duty to update premises' suitability information 66 Part 5 Occupancy loading for licensed premises and permitted premises 83 What is occupancy loading? 68 84 What is a public area? 68 contents 4 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 85 Occupancy loading decision 68 86 Fire engineering study and inspection 69 87 Commissioner not to issue licence or permit if requirement not complied with 70 Part 6 Risk-assessment management plans for licensed premises and permitted premises 88 What is a risk-assessment management plan? 71 89 What is an approved risk-assessment management plan? 71 90 Risk-assessment management plan--approval 72 91 Risk-assessment management plan--amendment on application 72 92 Risk-assessment management plan--decision on amendment 73 Part 7 Adults-only areas for licensed premises and permitted premises Division 7.1 Adults-only area decisions 93 What is an adults-only area? 75 94 Adults-only areas decision 75 Division 7.2 Approvals for young people's event in adults-only area at licensed premises 95 Young people's event approval--application 76 96 Young people's event approval--decision 77 97 Young people's event approval--form 78 98 Young people's event approval--conditions 78 99 Young people's event approval--term 78 Part 8 Conduct at licensed premises and permitted premises Division 8.1 Responsible service of alcohol 100 Offence--supply liquor without RSA certificate--licensee or permit- holder 79 101 Offence--supply liquor without RSA certificate--employee 80 102 Offence--crowd controller without RSA certificate 81 103 Offence--fail to keep RSA certificates 82 Liquor Bill 2010 contents 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Division 8.2 Intoxicated people 104 What is intoxicated? 83 105 Offence--supply liquor to intoxicated person--licensee or permit- holder 83 106 Offence--supply liquor to intoxicated person--employee 85 107 Offence--supply liquor to intoxicated person--other person 86 108 Offence--abuse, threaten, intimidate staff 87 109 Offence--fail to display sign about abuse offence 88 Division 8.3 Children and young people 110 Offence--supply liquor to child or young person--licensee or permit- holder 88 111 Offence--supply liquor to child or young person--employee 91 112 Offence--supply liquor to child or young person--other person 93 113 Licensee, permit-holder, etc may refuse to supply liquor without identification document 94 114 Offence--child or young person consume liquor--licensee or permit- holder 95 115 Offence--child or young person consume liquor 96 116 Offence--child or young person possess liquor--licensee or permit- holder 96 117 Offence--child or young person possess liquor 98 118 Offence--child or young person supply liquor--licensee or permit- holder 98 119 Offence--send child or young person to obtain liquor 99 120 Offence--child or young person in adults-only area--licensee or permit-holder 100 121 Offence--child or young person in adults-only area 102 122 Offence--child or young person use false identification for adults-only area 103 123 Offence--fail to mark adults-only areas 104 124 Licensee, permit-holder, etc may seize false identification document 104 Division 8.4 Occupancy loading 125 Offence--exceed occupancy loading 106 126 Offence--fail to display occupancy loading sign 107 contents 6 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Division 8.5 Approved risk-assessment management plans 127 Offence--fail to comply with approved risk-assessment management plan 107 128 Offence--fail to make risk-assessment management plan available 109 Division 8.6 Incidents 129 What is an incident?--div 8.6 109 130 Incident register 110 131 Offence--fail to keep incident register 111 Division 8.7 Breath testing machines 132 What is a breath testing machine?--div 8.7 111 133 Offence--fail to display breath testing machine sign 112 134 Evidence of breath tests 112 Division 8.8 Other offences 135 Offence--sell petrol at premises 113 136 Offence--conduct prohibited promotional activities 114 137 Offence--fail to leave premises when directed 115 138 Offence--consume liquor at off licensed premises 116 139 Offence--sexually explicit entertainment 117 140 Offence--fail to keep licence or permit at premises 118 141 Offence--fail to keep records in required way 118 142 Offence--club licensee advertise for public attendance 119 Part 9 Directions, emergency closure orders and cautions Division 9.1 Commissioner's directions 143 Commissioner may direct licensee, permit-holder, employee etc 120 144 Offence--fail to comply with commissioner's direction 122 Division 9.2 Emergency closure orders 145 Emergency closure of premises for 24 hours 122 146 Emergency closure notice 123 147 Offence--fail to comply with emergency closure order 124 Division 9.3 Police cautions for children and young people 148 Definitions--div 9.3 124 Liquor Bill 2010 contents 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 149 Police may caution children and young people 125 150 Police must caution and release child or young person as soon as practicable 126 151 Chief police officer may revoke cautions 127 Part 10 Enforcement Division 10.1 General 152 Definitions--pt 10 128 Division 10.2 Powers of authorised people 153 Power to enter premises 128 154 Production of identity card 129 155 Consent to entry 130 156 General powers on entry to premises 131 157 Power to seize things 132 Division 10.3 Search warrants 158 Warrants generally 133 159 Warrants--application made other than in person 134 160 Search warrants--announcement before entry 136 161 Details of search warrant to be given to occupier etc 136 162 Occupier entitled to be present during search etc 136 Division 10.4 Return and forfeiture of things seized 163 Receipt for things seized 137 164 Moving things to another place for examination or processing under search warrant 138 165 Access to things seized 139 166 Return of things seized 139 167 Forfeiture of seized things 140 168 Power to destroy unsafe things 140 169 Application for order disallowing seizure 141 170 Order for return of seized thing 141 Division 10.5 Enforcement--miscellaneous 171 Damage etc to be minimised 142 172 Compensation for exercise of enforcement powers 143 contents 8 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 11 Complaints and occupational discipline Division 11.1 General 173 Who is a licensee?--pt 11 144 174 Who is a commercial permit-holder?--pt 11 144 Division 11.2 Complaints 175 Who may complain? 145 176 Form of complaint 145 177 Withdrawal of complaints 146 178 Further information about complaint etc 146 179 Investigation of complaint 147 180 No further action on complaint 147 181 Action after investigating complaint 147 Division 11.3 Occupational discipline 182 Grounds for occupational discipline--licensee 148 183 Grounds for occupational discipline--commercial permit-holder 149 184 ACAT must consider suitability information, etc about licensee or commercial-permit holder 151 185 ACAT must consider suitability information, etc about premises 152 186 Application to ACAT for occupational discipline 153 Part 12 Responsible service of alcohol (RSA) training courses Division 12.1 Approval to provide RSA training courses 187 Definitions--div 12.1 154 188 RSA training course approval--application 154 189 RSA training course approval--decision on application 155 190 RSA training course approval--form 156 191 RSA training course approval--term 156 Division 12.2 RSA training course certificates 192 What is an RSA certificate? 156 193 RSA training course providers must give RSA certificates 157 Liquor Bill 2010 contents 9 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 13 Licence and permit register 194 Licence and permit register 158 195 Exception to public inspection 158 196 Correction and keeping up-to-date register 159 Part 14 Other liquor matters Division 14.1 Alcohol-free public places 197 Alcohol-free places 160 198 Offence--consume liquor at certain public places 160 199 Offence--possess open container of liquor at certain public places 162 200 Seizure of liquor in public places 163 Division 14.2 Children and young people 201 Offence--child or young person buy liquor 164 202 Offence--child or young person use false identification to buy liquor 165 203 Offence--supply liquor to child or young person at public place 165 204 Offence--child or young person consume liquor in public place 166 205 Offence--child or young person possess liquor in public place 166 206 Police officer may ask for identification document 167 207 Offence--fail to comply with police officer's request for identification document 167 208 What is a proof of age card?--div 14.2 168 209 Proof of age cards 168 210 Offence--child or young person use false identification to obtain proof of age card 168 Division 14.3 Prohibited liquor products 211 What is a prohibited liquor product? 169 212 Prohibited liquor products 169 213 Offence--supply prohibited liquor product 169 Part 15 Notification and review of decisions 214 What is a reviewable decision?--pt 14 170 215 Reviewable decision notices 170 216 Applications for review 170 contents 10 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 16 Miscellaneous 217 Liquor guidelines 171 218 Declared training providers 171 219 Acts and omissions of representatives 171 220 Proceedings for offences 172 221 Determination of fees 173 222 Approved forms 173 223 Regulation-making power 173 224 Legislation repealed 174 Schedule 1 Reviewable decisions 175 Dictionary 176 Liquor Bill 2010 contents 11 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Liquor Bill 2010 A Bill for An Act relating to the supply of liquor The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-244 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 1.1 Introduction Section 1 1 Part 1 Preliminary 2 Division 1.1 Introduction 3 1 Name of Act 4 This Act is the Liquor Act 2010. 5 2 Commencement 6 This Act commences on a day fixed by the Minister by written 7 notice. 8 Note 1 The naming and commencement provisions automatically commence on 9 the notification day (see Legislation Act, s 75 (1)). 10 Note 2 A single day or time may be fixed, or different days or times may be 11 fixed, for the commencement of different provisions (see Legislation 12 Act, s 77 (1)). 13 Note 3 If a provision has not commenced within 6 months beginning on the 14 notification day, it automatically commences on the first day after that 15 period (see Legislation Act, s 79). 16 3 Dictionary 17 The dictionary at the end of this Act is part of this Act. 18 Note 1 The dictionary at the end of this Act defines certain terms used in this 19 Act, and includes references (signpost definitions) to other terms 20 defined elsewhere. 21 For example, the signpost definition `identity card--see the Fair 22 Trading (Consumer Affairs) Act 1973, dictionary.' means that the term 23 `identity card' is defined in that dictionary and the definition applies to 24 this Act. 25 Note 2 A definition in the dictionary (including a signpost definition) applies to 26 the entire Act unless the definition, or another provision of the Act, 27 provides otherwise or the contrary intention otherwise appears (see 28 Legislation Act, s 155 and s 156 (1)). page 2 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Introduction Division 1.1 Section 4 1 4 Notes 2 A note included in this Act is explanatory and is not part of this Act. 3 Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of 4 notes. 5 5 Offences against Act--application of Criminal Code etc 6 Other legislation applies in relation to offences against this Act. 7 Note 1 Criminal Code 8 The Criminal Code, ch 2 applies to all offences against this Act (see 9 Code, pt 2.1). 10 The chapter sets out the general principles of criminal responsibility 11 (including burdens of proof and general defences), and defines terms 12 used for offences to which the Code applies (eg conduct, intention, 13 recklessness and strict liability). 14 Note 2 Penalty units 15 The Legislation Act, s 133 deals with the meaning of offence penalties 16 that are expressed in penalty units. 17 6 Application of Act--generally 18 This Act does not apply to the following: 19 (a) the administration, dispensing or sale of liquor for medicinal 20 purposes-- 21 (i) by or under the direction of a doctor; or 22 (ii) by a pharmacist; 23 (b) the supply, possession, consumption or purchase of liquor that 24 is authorised by a law in force in the Territory. 25 Examples--par (b) 26 1 Defence Act 1903 (Cwlth), s 123A Liquor Bill 2010 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 1.1 Introduction Section 7 1 2 Army and Air Force Canteen Service Regulations 1959 (Cwlth), s 27 2 Note An example is part of the Act, is not exhaustive and may extend, but 3 does not limit, the meaning of the provision in which it appears (see 4 Legislation Act, s 126 and s 132). 5 7 Application of Act--sale of liquor 6 (1) The provisions of this Act relating to the sale of liquor do not apply 7 to the following: 8 (a) the duty-free sale of liquor; 9 (b) the sale of liquor for someone else by an auctioneer, by 10 auction, in the ordinary course of the auctioneer's business; 11 (c) the sale by, or on behalf of, the Commonwealth or the 12 Territory of liquor seized under a law in force in the ACT. 13 (2) In this section: 14 duty-free sale means a sale for which is given permission under the 15 Customs Act 1901 (Cwlth), section 96A (2). 16 8 Application of Act--sale of liquor at universities 17 (1) The provisions of this Act relating to the sale of liquor do not apply 18 to the sale of liquor in an exempt university building. 19 (2) A person commits an offence if-- 20 (a) the person sells liquor; and 21 (b) the sale happens in an exempt university building; and 22 (c) the sale is in contravention of a statute of the university. 23 Maximum penalty: 10 penalty units. page 4 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Introduction Division 1.1 Section 8 1 (3) A person commits an offence if-- 2 (a) the person purchases liquor; and 3 (b) the purchase happens in an exempt university building; and 4 (c) the purchase is in contravention of a statute of the university. 5 Maximum penalty: 10 penalty units. 6 (4) In this section: 7 exempt university building means a building-- 8 (a) that is occupied by-- 9 (i) a university; or 10 (ii) a residential college affiliated with a university under a 11 statute of the university; and 12 (b) in which the sale of liquor is authorised by a statute of the 13 university. 14 university means the-- 15 (a) Australian National University; or 16 (b) University of Canberra. Liquor Bill 2010 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 1.2 Objects and principles Section 9 1 Division 1.2 Objects and principles 2 9 Object of Act 3 The object of this Act is to regulate the sale, supply, promotion and 4 consumption of liquor-- 5 (a) to minimise the harm associated with the consumption of 6 liquor; and 7 (b) to facilitate the responsible development of the liquor and 8 hospitality industries in a way that takes into account 9 community safety. 10 10 Harm minimisation and community safety principles 11 In making a decision under this Act, a decision-maker must have 12 regard to the following principles (the harm minimisation and 13 community safety principles): 14 (a) responsible attitudes and practices towards the sale, supply, 15 promotion and consumption of liquor should be encouraged; 16 (b) community safety should not be jeopardised, particularly in 17 relation to events involving large numbers of people; 18 (c) the liquor industry should be regulated in a way that minimises 19 harm caused by alcohol abuse, including-- 20 (i) adverse effects on health; and 21 (ii) personal injury; and 22 (iii) property damage; and 23 (iv) violent or anti-social behaviour; 24 (d) the sale of liquor should be regulated in a way that contributes 25 to the responsible development of the liquor, tourism and 26 hospitality industries; page 6 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Objects and principles Division 1.2 Section 10 1 (e) community amenity, social harmony and wellbeing should be 2 protected and enhanced through the responsible sale, supply, 3 promotion and consumption of liquor; 4 (f) the safety, health and welfare of people using licensed 5 premises and permitted premises should not be put at risk; 6 (g) noise from licensed premises and permitted premises should 7 not be excessive; 8 (h) licensed premises and permitted premises should not be located 9 where they would be likely to cause undue disturbance, 10 inconvenience or offence to people-- 11 (i) lawfully at adjacent or nearby premises; or 12 (ii) because of the premises' proximity to a place of public 13 worship, a hospital or a school; 14 (i) licences and permits should only be issued to people who 15 comply with ACT law, and are likely to continue to comply 16 with ACT law; 17 (j) licences and permits should only be issued for premises that 18 comply with ACT law, and are likely to continue to comply 19 with ACT law. 20 Examples--decisions 21 1 a decision to issue a licence under s 27 22 2 a decision to issue a permit under s 51 23 Note An example is part of the Act, is not exhaustive and may extend, but 24 does not limit, the meaning of the provision in which it appears (see 25 Legislation Act, s 126 and s 132). Liquor Bill 2010 page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 1.3 Important concepts Section 11 1 Division 1.3 Important concepts 2 11 What is liquor? 3 (1) In this Act: 4 liquor-- 5 (a) means a substance that-- 6 (i) is capable of being ingested; and 7 (ii) contains more than 1.15% by volume of ethanol; and 8 (b) includes a substance prescribed by regulation; and 9 (c) does not include a substance prescribed by regulation not to be 10 liquor. 11 12 Offence--sell liquor without licence or permit 12 (1) A person commits an offence if the person-- 13 (a) sells liquor to someone else; and 14 (b) does not hold a licence or permit authorising the sale. 15 Maximum penalty: 100 penalty units, 12 months imprisonment or 16 both. 17 (2) This section does not apply if the sale happens at a private event at 18 which not more than 30 people are present. 19 Note The defendant has an evidential burden in relation to the matters 20 mentioned in s (2) (see Criminal Code, s 58). page 8 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Important concepts Division 1.3 Section 13 1 13 Offence--fail to comply with condition of licence or 2 permit 3 (1) A licensee commits an offence if-- 4 (a) the licence is subject to a condition; and 5 (b) the licensee fails to comply with the condition. 6 Maximum penalty: 50 penalty units. 7 (2) A permit-holder commits an offence if-- 8 (a) the permit is subject to a condition; and 9 (b) the permit-holder fails to comply with the condition. 10 Maximum penalty: 50 penalty units. 11 14 Who is a close associate? 12 (1) In this Act: 13 close associate--a person is a close associate of someone (the 14 related person) if-- 15 (a) the person holds or will hold an executive position (however 16 described) in the related person's business; or 17 (b) the commissioner is satisfied that the person is or will be able 18 to exercise a significant influence in relation to the conduct of 19 the related person's business because the person holds or will 20 hold a financial interest, or is entitled to exercise a relevant 21 power, in the business. 22 (2) In this section: 23 business includes-- 24 (a) a business not carried on for profit; and 25 (b) a trade or profession. Liquor Bill 2010 page 9 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 1.3 Important concepts Section 15 1 executive position--a position (however described) in the related 2 person's business is an executive position if the holder of the 3 position is concerned with, or takes part in, the management of the 4 business. 5 exercise a power includes exercise the power on behalf of someone 6 else. 7 financial interest, in a business, means-- 8 (a) a share in the capital of the business; or 9 (b) an entitlement to receive income derived from the business, 10 however the entitlement arises. 11 hold a position includes hold the position on behalf of someone else. 12 power means a power exercisable-- 13 (a) by voting or otherwise; and 14 (b) alone or with others. 15 relevant power, in a business, means a power-- 16 (a) to take part in a directorial, managerial or executive decision 17 for the business; or 18 (b) to elect or appoint a person as an executive officer in the 19 business. 20 15 Who is an influential person for a corporation? 21 (1) In this Act: 22 influential person, for a corporation, means any of the following: 23 (a) an executive officer of the corporation; 24 (b) a person who may exercise a relevant power in relation to the 25 corporation; 26 (c) a related corporation; page 10 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Important concepts Division 1.3 Section 15 1 (d) an executive officer of a related corporation. 2 (2) In this section: 3 related corporation means a related body corporate under the 4 Corporations Act. 5 relevant power, for a corporation, means a power-- 6 (a) to take part in a directorial, managerial or executive decision 7 for the corporation; or 8 (b) to elect or appoint a person as an executive officer in the 9 corporation; or 10 (c) to exercise a significant influence in relation to the conduct of 11 the corporation. Liquor Bill 2010 page 11 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 2.1 Classes of licences Section 16 1 Part 2 Liquor licences 2 Division 2.1 Classes of licences 3 16 What is a licence? 4 In this Act: 5 licence means-- 6 (a) a general licence; or 7 (b) an on licence; or 8 (c) an off licence; or 9 (d) a club licence; or 10 (e) a special licence. 11 17 What is a general licence? 12 In this Act: 13 general licence means a licence that authorises the licensee to sell 14 liquor-- 15 (a) at a single licensed premises; and 16 (b) in-- 17 (i) open containers for consumption at the premises; or 18 (ii) sealed containers for consumption off the premises; and 19 (c) at the licensed times. 20 Note A licence may have different licensed times for the sale of liquor for 21 consumption at the premises and the sale of liquor for consumption off 22 the premises. page 12 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Classes of licences Division 2.1 Section 18 1 18 What is an on licence? 2 In this Act: 3 on licence means a licence that authorises the licensee to sell 4 liquor-- 5 (a) at a single licensed premises; and 6 (b) in open containers for consumption at the premises; and 7 (c) at the licensed times. 8 Examples--on licences 9 1 bar licence 10 2 nightclub licence 11 3 restaurant and cafe licence 12 Note An example is part of the Act, is not exhaustive and may extend, but 13 does not limit, the meaning of the provision in which it appears (see 14 Legislation Act, s 126 and s 132). 15 19 What is an off licence? 16 In this Act: 17 off licence means a licence that authorises the licensee to sell 18 liquor-- 19 (a) at a single licensed premises; and 20 (b) in sealed containers for consumption off the premises; and 21 (c) at the licensed times. Liquor Bill 2010 page 13 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 2.1 Classes of licences Section 20 1 20 What is a club licence? 2 In this Act: 3 club licence means a licence that authorises a club to sell liquor-- 4 (a) in stated parts of a single licensed premises; and 5 (b) in-- 6 (i) open containers for consumption at the premises; or 7 (ii) sealed containers for consumption off the premises; and 8 (c) at the licensed times; and 9 (d) to an adult-- 10 (i) who is a member of the club; or 11 (ii) who is-- 12 (A) at the licensed premises at the invitation of an adult 13 member of the club who is also at the premises; and 14 (B) authorised by the club to be at the premises. 15 21 What is a special licence? 16 In this Act: 17 special licence means a licence that authorises the licensee to sell 18 liquor-- 19 (a) at a single licensed premises; and 20 (b) at the licensed times. page 14 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] On licences--subclasses Division 2.2 Section 22 1 Division 2.2 On licences--subclasses 2 22 What is a bar licence? 3 (1) In this Act: 4 bar licence means an on licence for premises that are a bar. 5 (2) In this section: 6 bar-- 7 (a) means premises where the predominant activity at the licensed 8 times is the serving of liquor for consumption at the premises; 9 and 10 (b) includes premises prescribed by regulation to be a bar. 11 Example 12 1 a pub 13 2 a tavern 14 Note An example is part of the Act, is not exhaustive and may extend, but 15 does not limit, the meaning of the provision in which it appears (see 16 Legislation Act, s 126 and s 132). 17 23 What is a nightclub licence? 18 (1) In this Act: 19 nightclub licence means an on licence for premises that are a 20 nightclub. 21 (2) In this section: 22 nightclub-- 23 (a) means premises where the predominant activity at the licensed 24 times is dancing and entertainment; and 25 (b) includes premises prescribed by regulation to be a nightclub. Liquor Bill 2010 page 15 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 2.3 Licences--application and decision Section 24 1 24 What is a restaurant and cafe licence? 2 (1) In this Act: 3 restaurant and cafe licence means an on licence for premises that 4 are a restaurant or cafe. 5 (2) In this section: 6 restaurant or cafe-- 7 (a) means premises where the predominant activity at the licensed 8 times is the serving of meals for consumption on the premises; 9 and 10 (b) includes premises prescribed by regulation to be a restaurant or 11 cafe. 12 Division 2.3 Licences--application and decision 13 25 Licence--application 14 (1) A person (a proposed licensee) may apply to the commissioner for a 15 stated licence for stated premises. 16 (2) The application must-- 17 (a) be in writing; and 18 (b) state the class of licence applied for and, for an on licence, the 19 subclass of licence applied for; and 20 (c) include complete details of suitability information about-- 21 (i) the proposed licensee; and 22 (ii) each close associate of the proposed licensee; and 23 (iii) if the proposed licensee is a corporation--each influential 24 person for the proposed licensee; and page 16 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Licences--application and decision Division 2.3 Section 25 1 (iv) if someone other than the proposed licensee is to have 2 day-to-day control of the business operated under the 3 licence--each person who is to have day-to-day control; 4 and 5 (v) the proposed licensed premises; and 6 Note Suitability information, about a person--see s 69. 7 Suitability information, about premises--see s 78. 8 (d) include a police certificate for each of the following people, 9 dated not earlier than 3 months before the date of the 10 application: 11 (i) the proposed licensee; 12 (ii) each close associate of the proposed licensee; 13 (iii) each influential person for the proposed licensee; 14 (iv) if someone other than the proposed licensee is to have 15 day-to-day control of the business operated under the 16 licence--each person who is to have day-to-day control; 17 and 18 (e) include-- 19 (i) an ACTPLA certificate for the premises dated not earlier 20 than 3 months before the date of the application; and 21 (ii) the final floor plans of the premises approved by the 22 planning and land authority in the development approval 23 for the premises; and 24 (iii) a certificate of occupancy for the premises; and Liquor Bill 2010 page 17 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 2.3 Licences--application and decision Section 26 1 (f) if the application is for a general licence, an on licence, a club 2 licence or a special licence--include a risk-assessment 3 management plan for the premises. 4 Note 1 Giving false or misleading information is an offence against the 5 Criminal Code, s 338. 6 Note 2 If a form is approved under s 222 for this provision, the form must be 7 used. 8 Note 3 A fee may be determined under s 221 for this provision. 9 26 Licence--public consultation 10 A proposed licensee must comply with the public consultation 11 provisions in division 2.4 (Licences--public consultation). 12 27 Licence--decision on application 13 (1) This section applies if the commissioner receives an application for 14 a licence under section 25. 15 (2) The commissioner must issue the licence to the proposed licensee 16 only if satisfied that-- 17 (a) if the proposed licensee is an individual--the proposed 18 licensee is an adult; and 19 (b) each of the following people is a suitable person to hold the 20 licence: 21 (i) the proposed licensee; 22 (ii) each close associate of the proposed licensee; 23 (iii) if the proposed licensee is a corporation--each influential 24 person for the proposed licensee; 25 (iv) if someone other than the proposed licensee is to have 26 day-to-day control of the business operated under the 27 licence--each person who is to have day-to-day control; 28 and page 18 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Licences--application and decision Division 2.3 Section 27 1 (c) the proposed licensed premises are suitable premises for the 2 licence; and 3 (d) the proposed licensee complies, and is likely to continue to 4 comply, with the requirements of this Act; and 5 (e) the proposed licensed premises comply with the requirements 6 of this Act. 7 Note 1 A reference to an Act includes a reference to the statutory instruments 8 made or in force under the Act, including any regulation (see 9 Legislation Act, s 104). 10 Note 2 Suitable person, to hold a licence or permit--see s 67. 11 Suitable premises, for a licence or permit--see s 75. 12 Note 3 In making this decision, the commissioner must have regard to the harm 13 minimisation and community safety principles (see s 10). 14 Note 4 A decision under this subsection is a reviewable decision (see s 214). 15 (3) The commissioner must, not later than the required time-- 16 (a) decide the application; and 17 (b) tell the proposed licensee about the decision on the application. 18 (4) In this section: 19 required time means the latest of the following: 20 (a) if the commissioner receives a representation about a person or 21 premises under section 35 (Licence--representations)-- 22 90 days after the commissioner receives the representation; 23 (b) if the commissioner requires the proposed licensee to provide a 24 police certificate or other information under section 71 25 (Commissioner may require police certificate etc for person)-- 26 90 days after the day the commissioner receives the certificate 27 or information; Liquor Bill 2010 page 19 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 2.3 Licences--application and decision Section 28 1 (c) if the commissioner requires the proposed licensee to provide a 2 certificate, plan or other information under section 79 3 (Commissioner may require certificate, plan, etc for 4 premises)--90 days after the day the commissioner receives 5 the certificate, plan or information; 6 (d) if the commissioner asks the proposed licensee to allow the 7 commissioner to inspect the premises under section 80 8 (Commissioner may require inspection of premises)--90 days 9 after the day the commissioner inspects the premises; 10 (e) 90 days after the day the commissioner receives the 11 application. 12 Note Failure to issue a licence within the required time is taken to be a 13 decision not to issue the licence (see ACT Civil and Administrative 14 Tribunal Act 2008, s 12). 15 28 Licence--occupancy loading 16 (1) This section applies if the commissioner decides to issue a licence 17 that authorises the licensee to sell liquor in open containers for 18 consumption at the licensed premises. 19 Note A general licence, on licence, club licence or special licence may 20 authorise the sale of liquor in open containers for consumption at the 21 licensed premises--see div 2.1. 22 (2) The commissioner must also decide the occupancy loading for each 23 public area at the proposed licensed premises. 24 Note Occupancy loading, for a public area at licensed premises or permitted 25 premises--see s 83. page 20 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Licences--application and decision Division 2.3 Section 29 1 29 Licence--adults-only areas 2 (1) This section applies if the commissioner decides to issue a licence 3 that authorises the licensee to sell liquor in open containers for 4 consumption at the licensed premises. 5 Note A general licence, on licence, club licence or special licence may 6 authorise the sale of liquor in open containers for consumption at the 7 licensed premises--see div 2.1. 8 (2) The commissioner must also decide the adults-only areas (if any) for 9 the licensed premises. 10 Note 1 Adults-only area, for licensed premises or permitted premises--see 11 s 93. 12 Note 2 If the commissioner decides that licensed premises are to include an 13 adults-only area, the commissioner may decide when the area is to be 14 used as an adults-only area (see s 94 (3)). 15 30 Licence--form 16 (1) A licence must-- 17 (a) be in writing; and 18 (b) include the following information: 19 (i) the class of the licence and, for an on licence, the subclass 20 of licence; 21 (ii) the name of the licensee; 22 (iii) if the licensee carries on business under a name other than 23 the licensee's name--the name under which the licensee 24 carries on business; 25 (iv) the address of the licensed premises; 26 (v) the licensed times when-- 27 (A) liquor to be consumed at the licensed premises may 28 be sold (if any); and Liquor Bill 2010 page 21 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 2.3 Licences--application and decision Section 31 1 (B) liquor to be consumed off the licensed premises may 2 be sold (if any); 3 (vi) the conditions on the licence; 4 (vii) anything else prescribed by regulation. 5 (2) A licence may include anything else the commissioner considers 6 relevant. 7 31 Licence--conditions 8 (1) A licence is subject to the condition that-- 9 (a) the licensee must comply with this Act; and 10 (b) the licensed premises must comply with this Act. 11 (2) A licence is also subject to any other condition-- 12 (a) prescribed by regulation; or 13 (b) imposed by the commissioner when the licence is issued, 14 renewed or amended. 15 Examples--conditions 16 1 that stated requirements about inspection must be complied with 17 2 that stated requirements about reporting must be complied with 18 3 that stated records must be kept 19 4 that stated levels of security must be used for stated events 20 5 that the licensee must not allow people to enter the licensed premises after a 21 stated time 22 6 that the licensee must comply with any liquor guidelines made by the 23 commissioner under s 217 24 Note 1 A reference to an Act includes a reference to the statutory instruments 25 made or in force under the Act, including any regulation (see 26 Legislation Act, s 104). 27 Note 2 Licences may be amended under s 37, s 38 or s 39. 28 Licences may be renewed under s 43. page 22 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Licences--public consultation Division 2.4 Section 32 1 Note 3 An example is part of the Act, is not exhaustive and may extend, but 2 does not limit, the meaning of the provision in which it appears (see 3 Legislation Act, s 126 and s 132). 4 32 Licence--term 5 (1) A licence comes into force on the day it is issued. 6 (2) A licence expires on the day prescribed by regulation. 7 (3) However, the commissioner may decide on reasonable grounds that 8 a licence expires on another day. 9 (4) If the commissioner makes a decision under subsection (3) for a 10 class or subclass of licence, the decision is a notifiable instrument. 11 Note A notifiable instrument must be notified under the Legislation Act. 12 Division 2.4 Licences--public consultation 13 33 Definitions--div 2.4 14 In this division: 15 applicant means-- 16 (a) for an application for a licence under section 25 (Licence-- 17 application)--the proposed licensee; or 18 (b) for an application to amend a licence from 1 subclass of on 19 licence to another subclass of on licence under section 38 20 (Licence--amendment on application by licensee)--the 21 licensee. Liquor Bill 2010 page 23 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 2.4 Licences--public consultation Section 34 1 relevant premises means-- 2 (a) for an application for a licence under section 25 (Licence-- 3 application)--the proposed licensed premises; or 4 (b) for an application to amend a licence from 1 subclass of on 5 licence to another subclass of on licence under section 38 6 (Licence--amendment on application by licensee)--the 7 licensed premises. 8 34 Licence--public notification of application 9 (1) The applicant must-- 10 (a) display a sign about the application at the relevant premises; 11 and 12 (b) publish a notice about the application in a daily newspaper. 13 (2) A sign and notice must-- 14 (a) state the class of licence applied for and, for an on licence, the 15 subclass of licence applied for; and 16 (b) comply with the requirements prescribed by regulation. 17 (3) A person commits an offence if the person-- 18 (a) is an applicant; and 19 (b) fails to-- 20 (i) display a sign in accordance with this section; or 21 (ii) publish a notice in accordance with this section. 22 Maximum penalty: 5 penalty units. 23 (4) An offence against this section is a strict liability offence. page 24 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Licences--public consultation Division 2.4 Section 35 1 35 Licence--representations 2 (1) If an applicant displays a sign or publishes a notice under section 34, 3 anyone may give a written representation to the commissioner about 4 how-- 5 (a) 1 or more of the following people is not a suitable person to 6 hold the licence: 7 (i) the applicant; 8 (ii) a close associate of the applicant; 9 (iii) if the applicant is a corporation--an influential person for 10 the applicant; 11 (iv) if someone other than the applicant is to have day-to-day 12 control of the business operated under the licence--a 13 person who is to have day-to-day control; or 14 (b) the relevant premises are not suitable premises for the licence. 15 Note Suitable person, to hold a licence or permit--see s 67. 16 Suitable premises, for a licence or permit--see s 75. 17 (2) A representation about an application may be given to the 18 commissioner only during the public consultation period for the 19 application. 20 Note Public consultation period, for an application--see s 36. 21 (3) A person who gives the commissioner a representation about an 22 application may, in writing, withdraw the representation at any time 23 before the application is decided. 24 Note In deciding whether a person or premises are suitable for a licence, the 25 commissioner must consider public consultation representations 26 received under this section (see s 68 and s 76). Liquor Bill 2010 page 25 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 2.5 Licences--amendment, transfer, renewal, etc Section 36 1 36 What is the public consultation period?--div 2.5 2 (1) In this division: 3 public consultation period, for an application, means-- 4 (a) the period prescribed by regulation; or 5 (b) if the period prescribed is extended under subsection (2)--the 6 prescribed period as extended. 7 (2) The commissioner may, by notice published in a daily newspaper, 8 extend the public consultation period for an application. 9 Note The commissioner may extend the public consultation period after it has 10 ended (see Legislation Act, s 151C). 11 (3) If the commissioner extends the public consultation period under 12 subsection (2), the commissioner must give the applicant written 13 notice of the extension. 14 Division 2.5 Licences--amendment, transfer, 15 renewal, etc 16 37 Licence--amendment initiated by commissioner 17 (1) The commissioner may, by written notice (an amendment notice) 18 given to a licensee, amend the licence if satisfied that-- 19 (a) each of the following people is a suitable person to hold the 20 licence as amended: 21 (i) the licensee; 22 (ii) each close associate of the licensee; 23 (iii) if the licensee is a corporation--each influential person 24 for the licensee; page 26 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Licences--amendment, transfer, renewal, etc Division 2.5 Section 37 1 (iv) if someone other than the licensee has, or is to have, 2 day-to-day control of the business operated under the 3 licence--each person who has, or is to have, day-to-day 4 control; and 5 (b) the licensed premises are suitable premises for the licence as 6 amended. 7 Note 1 Amend includes amend, impose or remove a licence condition--see the 8 dictionary. 9 Note 2 Suitable person, to hold a licence or permit--see s 67. 10 Suitable premises, for a licence or permit--see s 75. 11 Note 3 In making this decision, the commissioner must have regard to the harm 12 minimisation and community safety principles (see s 10). 13 (2) However, the commissioner may amend the licence only if-- 14 (a) the commissioner has given the licensee written notice (a 15 proposal notice) of the proposed amendment; and 16 (b) the proposal notice states that written comments on the 17 proposal may be made to the commissioner before the end of a 18 stated period of at least 14 days after the day the proposal 19 notice is given to the licensee; and 20 (c) after the end of the stated period, the commissioner has 21 considered any comments made in accordance with the notice. 22 (3) Subsection (2) does not apply if the licensee applied for, or agreed 23 in writing to, the amendment. 24 (4) The amendment takes effect on the day the amendment notice is 25 given to the licensee or a later day stated in the notice. Liquor Bill 2010 page 27 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 2.5 Licences--amendment, transfer, renewal, etc Section 38 1 38 Licence--amendment on application by licensee 2 (1) A licensee may apply to the commissioner to amend the licence. 3 Note 1 If a form is approved under s 222 for an application, the form must be 4 used. 5 Note 2 A fee may be determined under s 221 for this provision. 6 (2) A licensee must apply to the commissioner for amendment of the 7 licence if someone else is to-- 8 (a) become a close associate of the licensee; or 9 (b) if the licensee is a corporation--become an influential person 10 for the licensee; or 11 (c) have day-to-day control of the business operated under the 12 licence. 13 (3) If a licensee applies to the commissioner to amend an on licence 14 from 1 subclass to another, the licensee must comply with the public 15 consultation provisions in division 2.4 (Licences--public 16 consultation). 17 Example--amendment from 1 subclass to another 18 Restaurant and cafe licence to nightclub licence 19 Note An example is part of the Act, is not exhaustive and may extend, but 20 does not limit, the meaning of the provision in which it appears (see 21 Legislation Act, s 126 and s 132). 22 (4) The commissioner may amend the licence only if satisfied that-- 23 (a) each of the following people is a suitable person to hold the 24 licence as amended: 25 (i) the licensee; 26 (ii) each close associate of the licensee; 27 (iii) if the licensee is a corporation--each influential person 28 for the licensee; page 28 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Licences--amendment, transfer, renewal, etc Division 2.5 Section 38 1 (iv) if someone other than the proposed licensee has, or is to 2 have, day-to-day control of the business operated under 3 the licence--a person who has, or is to have, day-to-day 4 control; and 5 (b) the licensed premises are suitable premises for the licence as 6 amended. 7 Note 1 Amend includes amend, impose or remove a licence condition--see the 8 dictionary. 9 Note 2 Suitable person, to hold a licence or permit--see s 67. 10 Suitable premises, for a licence or permit--see s 75. 11 Note 3 In making this decision, the commissioner must have regard to the harm 12 minimisation and community safety principles (see s 10). 13 Note 4 A decision under this subsection is a reviewable decision (see s 214). 14 (5) The commissioner must, not later than the required time-- 15 (a) decide the application for amendment; and 16 (b) tell the licensee about the decision on the application. 17 (6) In this section: 18 required time means the latest of the following: 19 (a) if the commissioner receives a representation about a person or 20 premises under section 35 (Licence--representations)-- 21 90 days after the commissioner receives the representation; 22 (b) if the commissioner requires the licensee to provide a police 23 certificate or other information under section 71 24 (Commissioner may require police certificate etc for person)-- 25 30 days after the day the commissioner receives the certificate 26 or information; Liquor Bill 2010 page 29 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 2.5 Licences--amendment, transfer, renewal, etc Section 39 1 (c) if the commissioner requires the licensee to provide a 2 certificate, plan or other information under section 79 3 (Commissioner may require certificate, plan, etc for 4 premises)--30 days after the day the commissioner receives 5 the certificate, plan or information; 6 (d) if the commissioner asks the licensee to allow the 7 commissioner to inspect the premises under section 80 8 (Commissioner may require inspection of premises)--30 days 9 after the day the commissioner inspects the premises; 10 (e) 30 days after the day the commissioner receives the 11 application. 12 Note Failure to amend a licence within the required time is taken to be a 13 decision not to amend the licence (see ACT Civil and Administrative 14 Tribunal Act 2008, s 12). 15 39 Licence--amendment for change to floor plan of licensed 16 premises 17 (1) A licensee must apply to the commissioner for amendment of the 18 licence if the licensee intends to change the floor plan of the 19 licensed premises. 20 (2) The application must-- 21 (a) be in writing; and 22 (b) include-- 23 (i) an ACTPLA certificate for the premises, as intended to be 24 changed, dated not earlier than 3 months before the date 25 of the application; and 26 (ii) the final floor plans of the premises, as intended to be 27 changed, approved by the planning and land authority in 28 the development approval for the premises; and page 30 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Licences--amendment, transfer, renewal, etc Division 2.5 Section 39 1 (iii) if the licence is a general licence, an on licence, a club 2 licence or a special licence--a risk-assessment 3 management plan for the altered licensed premises. 4 (3) The commissioner may amend the licence only if satisfied that the 5 premises as intended to be changed are suitable premises for the 6 licence. 7 Note 1 Amend includes amend, impose or remove a licence condition--see the 8 dictionary. 9 Note 2 Suitable premises, for a licence or permit--see s 75. 10 Note 3 A decision under this subsection is a reviewable decision (see s 214). 11 (4) If the commissioner amends a general licence, on licence, club 12 licence or special licence because of the intended changes to the 13 floor plan, the commissioner must also decide-- 14 (a) the occupancy loading for each public area at the licensed 15 premises as intended to be changed; and 16 (b) the adults-only areas (if any) for the licensed premises as 17 intended to be changed. 18 Note 1 Occupancy loading, for a public area at licensed premises or 19 permitted premises--see s 83. 20 Note 2 Adults-only area, for licensed premises or permitted premises-- 21 see s 93. 22 (5) The commissioner must, not later than the required time-- 23 (a) decide the application for amendment for alteration of licensed 24 premises; and 25 (b) tell the licensee about the decision on the application. Liquor Bill 2010 page 31 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 2.5 Licences--amendment, transfer, renewal, etc Section 40 1 (6) In this section: 2 required time means the latest of the following: 3 (a) if the commissioner requires the licensee to provide a 4 certificate, plan or other information under section 79 5 (Commissioner may require certificate, plan, etc for 6 premises)--30 days after the day the commissioner receives 7 the certificate, plan or information; 8 (b) if the commissioner asks the licensee to allow the 9 commissioner to inspect the premises under section 80 10 (Commissioner may require inspection of premises)--30 days 11 after the day the commissioner inspects the premises; 12 (c) 30 days after the day the commissioner receives the 13 application. 14 Note Failure to amend a licence within the required time is taken to be a 15 decision not to amend the licence (see ACT Civil and Administrative 16 Tribunal Act 2008, s 12). 17 40 Licence--application to transfer licence 18 (1) A licensee may apply to the commissioner to transfer the licence to 19 someone else (the proposed new licensee). 20 (2) The application must-- 21 (a) be in writing; and 22 (b) include complete details of suitability information about-- 23 (i) the proposed new licensee; and 24 (ii) each close associate of the proposed new licensee; and 25 (iii) if the proposed new licensee is a corporation--each 26 influential person for the proposed new licensee; and page 32 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Licences--amendment, transfer, renewal, etc Division 2.5 Section 41 1 (iv) if someone other than the proposed new licensee is to 2 have day-to-day control of the business operated under 3 the licence--each person who is to have day-to-day 4 control; and 5 (c) include a police certificate for each of the following people, 6 dated not earlier than 3 months before the date of the transfer 7 application: 8 (i) the proposed new licensee; 9 (ii) each close associate of the proposed new licensee; 10 (iii) if the proposed new licensee is a corporation--each 11 influential person for the proposed new licensee; 12 (iv) if someone other than the proposed new licensee is to 13 have day-to-day control of the business operated under 14 the licence--each person who is to have day-to-day 15 control. 16 Note 1 Suitability information, about a person--see s 69. 17 Note 2 Giving false or misleading information is an offence against the 18 Criminal Code, s 338. 19 Note 3 If a form is approved under s 222 for an application, the form must be 20 used. 21 Note 4 A fee may be determined under s 221 for this provision. 22 41 Licence--decision on application to transfer licence 23 (1) This section applies if the commissioner receives an application to 24 transfer a licence under section 40. 25 (2) The commissioner must transfer the licence to the proposed new 26 licensee only if satisfied that-- 27 (a) each of the following people is a suitable person to hold the 28 licence: 29 (i) the proposed new licensee; Liquor Bill 2010 page 33 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 2.5 Licences--amendment, transfer, renewal, etc Section 41 1 (ii) each close associate of the proposed new licensee; 2 (iii) if the proposed new licensee is a corporation--each 3 influential person for the proposed new licensee; 4 (iv) if someone other than the proposed new licensee is to 5 have day-to-day control of the business operated under 6 the licence--each person who is to have day-to-day 7 control; and 8 (b) the proposed new licensee complies, and is likely to continue 9 to comply, with the requirements of this Act. 10 Note 1 Suitable person, to hold a licence or permit--see s 67. 11 Note 2 In making this decision, the commissioner must have regard to the harm 12 minimisation and community safety principles (see s 10). 13 Note 3 A decision under this subsection is a reviewable decision (see s 214). 14 (3) The commissioner must, not later than the required time-- 15 (a) decide the application for transfer; and 16 (b) tell the licensee about the decision on the application. 17 (4) In this section: 18 required time means the latest of the following: 19 (a) if the commissioner requires the proposed new licensee to 20 provide a police certificate or other information under 21 section 71 (Commissioner may require police certificate etc for 22 person)--30 days after the day the commissioner receives the 23 certificate or information; 24 (b) 30 days after the day the commissioner receives the 25 application. 26 Note Failure to transfer a licence within the required time is taken to be a 27 decision not to transfer the licence (see ACT Civil and Administrative 28 Tribunal Act 2008, s 12). page 34 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Licences--amendment, transfer, renewal, etc Division 2.5 Section 42 1 42 Licence--application for renewal 2 (1) A licensee may apply to the commissioner to renew the licence for a 3 period not longer than the period prescribed by regulation. 4 (2) The application must be-- 5 (a) in writing; and 6 (b) received by the commissioner at least 30 days before the 7 licence expires. 8 (3) However, the commissioner may extend the time for making an 9 application. 10 Note 1 A licensee may apply to the commissioner for the time to be extended, 11 and the commissioner may extend the time, even though the time has 12 ended (see Legislation Act, s 151C). 13 Note 2 If a form is approved under s 222 for an application, the form must be 14 used. 15 Note 3 A fee may be determined under s 221 for this provision. 16 (4) If a licensee applies to renew a licence under this section, the licence 17 remains in force until the application is decided. 18 43 Licence--decision on application for renewal 19 (1) This section applies if the commissioner receives an application for 20 renewal of a licence under section 42. 21 (2) The commissioner must renew the licence only if satisfied that-- 22 (a) each of the following people continues to be a suitable person 23 to hold the licence: 24 (i) the licensee; 25 (ii) each close associate of the licensee; 26 (iii) if the licensee is a corporation--each influential person 27 for the licensee; Liquor Bill 2010 page 35 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 2.5 Licences--amendment, transfer, renewal, etc Section 43 1 (iv) if someone other than the licensee has day-to-day control 2 of the business operated under the licence--each person 3 who has day-to-day control; and 4 (b) the licensed premises continue to be suitable premises for the 5 licence. 6 Note 1 Suitable person, to hold a licence or permit--see s 67. 7 Suitable premises, for a licence or permit--see s 75. 8 Note 2 In making this decision, the commissioner must have regard to the harm 9 minimisation and community safety principles (see s 10). 10 Note 3 A decision under this subsection is a reviewable decision (see s 214). 11 (3) The commissioner must, not later than the required time-- 12 (a) decide the application for renewal; and 13 (b) tell the licensee about the decision on the application. 14 (4) In this section: 15 required time means the latest of the following: 16 (a) if the commissioner requires the licensee to provide a police 17 certificate or other information under section 71 18 (Commissioner may require police certificate etc for person)-- 19 30 days after the day the commissioner receives the certificate 20 or information; 21 (b) if the commissioner requires the licensee to provide a 22 certificate, plan or other information under section 79 23 (Commissioner may require certificate, plan, etc for 24 premises)--30 days after the day the commissioner receives 25 the certificate, plan or information; 26 (c) if the commissioner asks the licensee to allow the 27 commissioner to inspect the premises under section 80 28 (Commissioner may require inspection of premises)--30 days 29 after the day the commissioner inspects the premises; page 36 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Licences--amendment, transfer, renewal, etc Division 2.5 Section 44 1 (d) 30 days after the day the commissioner receives the 2 application. 3 Note Failure to renew a licence within the required time is taken to be a 4 decision not to renew the licence (see ACT Civil and Administrative 5 Tribunal Act 2008, s 12). 6 44 Licence--replacing when lost, stolen or destroyed 7 (1) The commissioner may issue a replacement licence to a licensee if 8 satisfied that the licensee's original licence has been lost, stolen or 9 destroyed. 10 (2) For subsection (1), the commissioner may require the licensee to 11 give the commissioner a statutory declaration signed by the licensee, 12 stating that the original licence has been lost, stolen or destroyed. 13 Note 1 A fee may be determined under s 221 for this provision. 14 Note 2 The Statutory Declarations Act 1959 (Cwlth) applies to the making of 15 statutory declarations under ACT laws. 16 45 Licence--surrender 17 (1) A licensee may surrender the licence by giving written notice 18 (a surrender notice) of the surrender to the commissioner. 19 (2) The surrender notice must be accompanied by-- 20 (a) the licence; or 21 (b) if the licence has been lost, stolen or destroyed--a statutory 22 declaration signed by the licensee stating that the licence has 23 been lost, stolen or destroyed. 24 Note 1 If a form is approved under s 222 for this provision, the form must be 25 used. 26 Note 2 The Statutory Declarations Act 1959 (Cwlth) applies to the making of 27 statutory declarations under ACT laws. Liquor Bill 2010 page 37 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 2.5 Licences--amendment, transfer, renewal, etc Section 46 1 46 Offence--fail to return licence 2 (1) A person commits an offence if the person-- 3 (a) ceases to be a licensee before the licence expires under 4 section 32 (Licence--term); and 5 (b) fails to return the licence to the commissioner as soon as 6 practicable, but not later than 21 days, after ceasing to be a 7 licensee. 8 Maximum penalty: 20 penalty units. 9 (2) An offence against this section is a strict liability offence. page 38 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Classes of permits Division 3.1 Section 47 1 Part 3 Liquor permits 2 Division 3.1 Classes of permits 3 47 What is a permit? 4 In this Act: 5 permit means-- 6 (a) a commercial permit; or 7 (b) a non-commercial permit. 8 48 What is a commercial permit? 9 In this Act: 10 commercial permit means a permit that authorises the permit-holder 11 to sell liquor-- 12 (a) at a single permitted premises; and 13 (b) of a retail value not exceeding the value stated in the permit; 14 and 15 (c) at the event stated in the permit; and 16 (d) at the permitted times. 17 49 What is a non-commercial permit? 18 In this Act: 19 non-commercial permit means a permit that authorises a non-profit 20 organisation to sell liquor-- 21 (a) at a single permitted premises; and 22 (b) of a retail value not exceeding the value stated in the permit; 23 and Liquor Bill 2010 page 39 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 3.2 Permits--application and decision Section 50 1 (c) that is-- 2 (i) in open containers for consumption at the premises; or 3 (ii) in sealed containers for consumption off the premises; 4 and 5 (d) if the permit relates to an event--at the event stated in the 6 permit; and 7 (e) at the permitted times. 8 Division 3.2 Permits--application and decision 9 50 Permit--application 10 (1) A person (a proposed permit-holder) may apply to the 11 commissioner for a permit for stated premises. 12 (2) The application must-- 13 (a) be in writing; and 14 (b) include complete details of suitability information about-- 15 (i) the proposed permit-holder; and 16 (ii) each close associate of the proposed permit-holder; and 17 (iii) if the proposed permit-holder is a corporation--each 18 influential person for the proposed permit-holder; and 19 (iv) the proposed permitted premises; and 20 Note Suitability information, about a person--see s 69. 21 Suitability information, about premises--see s 78. 22 (c) if the premises are wholly or partly enclosed include-- 23 (i) an ACTPLA certificate for the premises dated not earlier 24 than 3 months before the date of the application; and page 40 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Permits--application and decision Division 3.2 Section 51 1 (ii) the final floor plans of the premises approved by the 2 planning and land authority in the development approval 3 for the premises; and 4 (iii) a certificate of occupancy for the premises; and 5 (d) if the application is for a commercial permit--include a risk- 6 assessment management plan for the premises. 7 Note 1 Giving false or misleading information is an offence against the 8 Criminal Code, s 338. 9 Note 2 If a form is approved under s 222 for this provision, the form must be 10 used. 11 Note 3 A fee may be determined under s 221 for this provision. 12 51 Permit--decision on application 13 (1) This section applies if the commissioner receives an application for 14 a permit under section 50. 15 (2) The commissioner must issue the permit to the proposed 16 permit-holder only if satisfied that-- 17 (a) if the proposed permit-holder is an individual--the proposed 18 permit-holder is an adult; and 19 (b) each of the following people is a suitable person to hold the 20 permit: 21 (i) the proposed permit-holder; 22 (ii) each close associate of the proposed permit-holder; 23 (iii) if the proposed permit-holder is a corporation--each 24 influential person for the proposed permit-holder; and 25 (c) the proposed permitted premises are suitable premises for the 26 permit; and 27 (d) the proposed permit-holder complies, and is likely to continue 28 to comply, with the requirements of this Act; and Liquor Bill 2010 page 41 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 3.2 Permits--application and decision Section 51 1 (e) the proposed permitted premises comply with the requirements 2 of this Act. 3 Note 1 A reference to an Act includes a reference to the statutory instruments 4 made or in force under the Act, including any regulation (see 5 Legislation Act, s 104). 6 Note 2 Suitable person, to hold a licence or permit--see s 67. 7 Suitable premises, for a licence or permit--see s 75. 8 Note 3 In making this decision, the commissioner must have regard to the harm 9 minimisation and community safety principles (see s 10). 10 Note 4 A decision under this subsection is a reviewable decision (see s 214). 11 (3) The commissioner must, not later than the required time-- 12 (a) decide the application; and 13 (b) tell the proposed permit-holder about the decision on the 14 application. 15 (4) In this section: 16 required time means the latest of the following: 17 (a) if the commissioner requires the proposed permit-holder to 18 provide a police certificate or information under section 71 19 (Commissioner may require police certificate etc for person)-- 20 90 days after the day the commissioner receives the certificate 21 or other information; 22 (b) if the commissioner requires the proposed permit-holder to 23 provide a certificate, plan or other information under section 79 24 (Commissioner may require certificate, plan, etc for 25 premises)--90 days after the day the commissioner receives 26 the certificate, plan or information; 27 (c) if the commissioner asks the proposed permit-holder to allow 28 the commissioner to inspect the premises under section 80 29 (Commissioner may require inspection of premises)--90 days 30 after the day the commissioner inspects the premises; page 42 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Permits--application and decision Division 3.2 Section 52 1 (d) 90 days after the day the commissioner receives the 2 application. 3 Note Failure to issue a permit within the required time is taken to be a 4 decision not to issue the permit (see ACT Civil and Administrative 5 Tribunal Act 2008, s 12). 6 52 Permit--occupancy loading 7 (1) This section applies if the commissioner decides to issue a permit 8 for premises that are wholly or partly enclosed. 9 (2) The commissioner may also decide the occupancy loading for each 10 public area in each enclosed part of the premises. 11 Note Occupancy loading, for a public area at licensed premises or permitted 12 premises--see s 83. 13 53 Permit--adults-only areas 14 (1) This section applies if the commissioner decides to issue a permit 15 for premises that are wholly or partly enclosed. 16 (2) The commissioner must also decide the adults-only areas (if any) for 17 the permitted premises. 18 Note Adults-only areas, for licensed premises or permitted premises--see 19 s 93. 20 54 Permit--form 21 (1) A permit must be-- 22 (a) in writing; and 23 (b) include the following information: 24 (i) the class of the permit; 25 (ii) the name of the permit-holder; Liquor Bill 2010 page 43 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 3.2 Permits--application and decision Section 55 1 (iii) if the permit-holder carries on business under a name 2 other than the permit-holder's name--the name under 3 which the permit-holder carries on business; 4 (iv) the address or location of the permitted premises; 5 (v) the permitted times when-- 6 (A) liquor to be consumed at the permitted premises may 7 be sold (if any); and 8 (B) liquor to be consumed off the permitted premises 9 may be sold (if any); 10 (vi) the conditions on the permit; 11 (vii) anything else prescribed by regulation. 12 (2) A permit may include anything else the commissioner considers 13 relevant. 14 55 Permit--conditions 15 (1) A permit is subject to the condition that-- 16 (a) the permit-holder must comply with this Act; and 17 (b) the permitted premises must comply with this Act. 18 (2) A permit is subject to any other condition-- 19 (a) prescribed by regulation; or 20 (b) imposed by the commissioner when the licence is issued, 21 renewed or amended. 22 Examples--conditions 23 1 that stated requirements about inspection must be complied with 24 2 that stated requirements about reporting must be complied with 25 3 that stated records must be kept 26 4 that stated levels of security must be used for stated events page 44 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Permits--application and decision Division 3.2 Section 56 1 5 that the permit-holder must not allow people to enter the permitted premises 2 after a stated time 3 6 that the permit-holder must comply with any liquor guidelines made by the 4 commissioner under s 217 5 Note 1 A reference to an Act includes a reference to the statutory instruments 6 made or in force under the Act, including any regulation (see 7 Legislation Act, s 104). 8 Note 2 Permits may be amended under s 57 or s 58. 9 Non-commercial permits may be renewed under s 62. 10 Note 3 An example is part of the Act, is not exhaustive and may extend, but 11 does not limit, the meaning of the provision in which it appears (see 12 Legislation Act, s 126 and s 132). 13 56 Permit--term 14 (1) A permit comes into force on the day stated in the permit. 15 (2) The commissioner must not issue a permit for longer than 1 year. 16 (3) A permit expires on the day stated in the permit. 17 (4) However, the commissioner may decide on reasonable grounds that 18 a permit expires on another day. 19 (5) If the commissioner makes a decision under subsection (4) for a 20 class of permit, the decision is a notifiable instrument. 21 Note A notifiable instrument must be notified under the Legislation Act. Liquor Bill 2010 page 45 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 3.3 Permits--amendment, transfer, renewal, etc Section 57 1 Division 3.3 Permits--amendment, transfer, 2 renewal, etc 3 57 Permit--amendment initiated by commissioner 4 (1) The commissioner may, by written notice (an amendment notice) 5 given to a permit-holder, amend the permit if satisfied that-- 6 (a) each of the following people is a suitable person to hold the 7 permit as amended: 8 (i) the permit-holder; 9 (ii) each close associate of the permit-holder; 10 (iii) if the permit-holder is a corporation--each influential 11 person for the permit-holder; and 12 (b) the permitted premises are suitable premises for the permit as 13 amended. 14 Note 1 Amend includes amend, impose or remove a permit condition--see the 15 dictionary. 16 Note 2 Suitable person, to hold a licence or permit--see s 67. 17 Suitable premises, for a licence or permit--see s 75. 18 Note 3 In making this decision, the commissioner must have regard to the harm 19 minimisation and community safety principles (see s 10). 20 (2) However, the commissioner may amend the permit only if-- 21 (a) the commissioner has given the permit-holder written notice 22 (a proposal notice) of the proposed amendment; and 23 (b) the proposal notice states that written comments on the 24 proposal may be made to the commissioner before the end of a 25 stated period of at least 14 days after the day the proposal 26 notice is given to the permit-holder; and 27 (c) after the end of the stated period, the commissioner has 28 considered any comments made in accordance with the notice. page 46 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Permits--amendment, transfer, renewal, etc Division 3.3 Section 58 1 (3) Subsection (2) does not apply if the permit-holder applied for, or 2 agreed in writing to, the amendment. 3 (4) The amendment takes effect on the day the amendment notice is 4 given to the permit-holder or a later day stated in the notice. 5 58 Permit--amendment on application by permit-holder 6 (1) A permit-holder may apply to the commissioner to amend the 7 permit. 8 Note 1 If a form is approved under s 222 for an application, the form must be 9 used. 10 Note 2 A fee may be determined under s 221 for this provision. 11 (2) A permit-holder must apply to the commissioner for amendment of 12 the permit if someone else is to become-- 13 (a) a close associate of the permit-holder; or 14 (b) if the permit-holder is a corporation--an influential person for 15 the permit-holder. 16 (3) The commissioner may amend the permit only if satisfied that-- 17 (a) each of the following people is a suitable person to hold the 18 permit as amended: 19 (i) the permit-holder; 20 (ii) each close associate of the permit-holder; 21 (iii) if the permit-holder is a corporation--each influential 22 person for the permit-holder; and Liquor Bill 2010 page 47 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 3.3 Permits--amendment, transfer, renewal, etc Section 58 1 (b) the permitted premises are suitable premises for the permit as 2 amended. 3 Note 1 Amend includes amend, impose or remove a permit condition--see the 4 dictionary. 5 Note 2 Suitable person, to hold a licence or permit--see s 67. 6 Suitable premises, for a licence or permit--see s 75. 7 Note 3 In making this decision, the commissioner must have regard to the harm 8 minimisation and community safety principles (see s 10). 9 Note 4 A decision under this subsection is a reviewable decision (see s 214). 10 (4) The commissioner must, not later than the required time-- 11 (a) decide the application for amendment; and 12 (b) tell the permit-holder about the decision on the application. 13 (5) In this section: 14 required time means the latest of the following: 15 (a) if the commissioner requires the permit-holder to provide a 16 police certificate or other information under section 71 17 (Commissioner may require police certificate etc for person)-- 18 30 days after the day the commissioner receives the certificate 19 or information; 20 (b) if the commissioner requires the permit-holder to provide a 21 certificate, plan or other information under section 79 22 (Commissioner may require certificate, plan, etc for 23 premises)--30 days after the day the commissioner receives 24 the certificate, plan or information; 25 (c) if the commissioner asks the permit-holder to allow the 26 commissioner to inspect the premises under section 80 27 (Commissioner may require inspection of premises)--30 days 28 after the day the commissioner inspects the premises; page 48 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Permits--amendment, transfer, renewal, etc Division 3.3 Section 59 1 (d) 30 days after the day the commissioner receives the 2 application. 3 Note Failure to amend a permit within the required time is taken to be a 4 decision not to amend the permit (see ACT Civil and Administrative 5 Tribunal Act 2008, s 12). 6 59 Permit--not transferable 7 A permit is not transferable. 8 60 Permit--commercial permit not renewable 9 A commercial permit is not renewable. 10 61 Permit--application for renewal of non-commercial 11 permit 12 (1) A non-commercial permit-holder may apply to the commissioner to 13 renew the permit for a period not longer than 1 year. 14 (2) The application must be-- 15 (a) in writing; and 16 (b) received by the commissioner at least 30 days before the 17 permit expires. 18 (3) However, the commissioner may extend the time for making an 19 application. 20 Note 1 A non-commercial permit-holder may apply to the commissioner for the 21 time to be extended, and the commissioner may extend the time, even 22 though the time has ended (see Legislation Act, s 151C). 23 Note 2 If a form is approved under s 222 for an application, the form must be 24 used. 25 Note 3 A fee may be determined under s 221 for this provision. 26 (4) If a non-commercial permit-holder applies to renew a permit under 27 this section, the permit remains in force until the application is 28 decided. Liquor Bill 2010 page 49 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 3.3 Permits--amendment, transfer, renewal, etc Section 62 1 62 Permit--decision on application for renewal of 2 non-commercial permit 3 (1) This section applies if the commissioner receives an application for 4 renewal of a non-commercial permit under section 61. 5 (2) The commissioner must renew the permit only if satisfied that-- 6 (a) each of the following people continues to be a suitable person 7 to hold the permit: 8 (i) the permit-holder; 9 (ii) each close associate of the permit-holder; 10 (iii) if the permit-holder is a corporation--each influential 11 person for the permit-holder; and 12 (b) the permitted premises continue to be suitable premises for the 13 permit. 14 Note 1 Suitable person, to hold a licence or permit--see s 67. 15 Suitable premises, for a licence or permit--see s 75. 16 Note 2 In making this decision, the commissioner must have regard to the harm 17 minimisation and community safety principles (see s 10). 18 Note 3 A decision under this subsection is a reviewable decision (see s 214). 19 (3) The commissioner must, not later than the required time-- 20 (a) decide the application for renewal; and 21 (b) tell the permit-holder about the decision on the application. 22 (4) In this section: 23 required time is the latest of the following: 24 (a) if the commissioner requires the permit-holder to provide a 25 police certificate or other information under section 71 26 (Commissioner may require police certificate etc for person)-- 27 30 days after the day the commissioner receives the certificate 28 or information; page 50 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Permits--amendment, transfer, renewal, etc Division 3.3 Section 63 1 (b) if the commissioner requires the permit-holder to provide a 2 certificate, plan or other information under section 79 3 (Commissioner may require certificate, plan, etc for 4 premises)--30 days after the day the commissioner receives 5 the certificate, plan or information; 6 (c) if the commissioner asks the permit-holder to allow the 7 commissioner to inspect the premises under section 80 8 (Commissioner may require inspection of premises)--30 days 9 after the day the commissioner inspects the premises; 10 (d) 30 days after the day the commissioner receives the 11 application. 12 Note Failure to renew a permit within the required time is taken to be a 13 decision not to renew the permit (see ACT Civil and Administrative 14 Tribunal Act 2008, s 12). 15 63 Permit--replacing when lost, stolen or destroyed 16 (1) The commissioner may issue a replacement permit to a 17 permit-holder if satisfied that the permit-holder's original permit has 18 been lost, stolen or destroyed. 19 (2) For subsection (1), the commissioner may require the permit-holder 20 to give the commissioner a statutory declaration signed by the 21 permit-holder, stating that the original permit has been lost, stolen or 22 destroyed. 23 Note 1 A fee may be determined under s 221 for this provision. 24 Note 2 The Statutory Declarations Act 1959 (Cwlth) applies to the making of 25 statutory declarations under ACT laws. Liquor Bill 2010 page 51 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 3.3 Permits--amendment, transfer, renewal, etc Section 64 1 64 Permit--surrender 2 (1) A permit-holder may surrender the permit by giving written notice 3 (a surrender notice) of the surrender to the commissioner. 4 Note If a form is approved under s 222 for this provision, the form must be 5 used. 6 (2) The surrender notice must be accompanied by-- 7 (a) the permit; or 8 (b) if the permit has been lost, stolen or destroyed--a statutory 9 declaration signed by the permit-holder stating that the permit 10 has been lost, stolen or destroyed. 11 Note The Statutory Declarations Act 1959 (Cwlth) applies to the making of 12 statutory declarations under ACT laws. 13 65 Non-commercial permit--cancellation 14 (1) The commissioner may, by written notice (a cancellation notice), 15 given to a permit-holder, cancel the permit if satisfied that the 16 non-commercial permit-holder has failed to comply with the permit. 17 Note 1 A decision under this subsection is a reviewable decision (see s 214). 18 Note 2 In making this decision, the commissioner must have regard to the harm 19 minimisation and community safety principles (see s 10). 20 (2) The cancellation takes effect on the day the cancellation notice is 21 given to the permit-holder or a later day stated in the notice. page 52 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Permits--amendment, transfer, renewal, etc Division 3.3 Section 66 1 66 Offence--fail to return permit 2 (1) A person commits an offence if the person-- 3 (a) ceases to be a permit-holder before the permit expires under 4 section 56 (Permit--term); and 5 (b) fails to return the permit to the commissioner as soon as 6 practicable, but not later than 21 days, after ceasing to be a 7 permit-holder. 8 Maximum penalty: 20 penalty units. 9 (2) An offence against this section is a strict liability offence. Liquor Bill 2010 page 53 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 4.1 Suitability of people for licences and permits Section 67 1 Part 4 Suitability of people and 2 premises for licences and 3 permits 4 Division 4.1 Suitability of people for licences and 5 permits 6 67 Who is a suitable person? 7 In this Act: 8 suitable person, to hold a licence or permit, means a person who the 9 commissioner is satisfied is a suitable person to hold the licence or 10 permit. 11 68 Commissioner must consider suitability information, etc 12 In deciding whether a person is a suitable person to hold a licence or 13 permit, the commissioner must consider each of the following: 14 (a) suitability information about the person; 15 (b) any police certificate or other information about the person 16 given to the commissioner under-- 17 (i) section 25 (Licence--application); or 18 (ii) section 40 (Licence--application to transfer licence); or 19 (iii) section 71 (Commissioner may require police certificate 20 etc for person); 21 (c) any public consultation representation about the person 22 received by the commissioner under section 35 (Licence-- 23 representations). 24 Note In making this decision, the commissioner must have regard to the harm 25 minimisation and community safety principles (see s 10). page 54 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Suitability of people for licences and permits Division 4.1 Section 69 1 69 What is suitability information about a person? 2 (1) In this Act: 3 suitability information, about a person, means information about 4 the following: 5 (a) any conviction of, or finding of guilt against, the person for an 6 offence against 1 or more of the following: 7 (i) this Act; 8 (ii) a law of another jurisdiction corresponding, or 9 substantially corresponding, to this Act; 10 (iii) the Crimes Act 1900; 11 (iv) the Criminal Code; 12 (v) the Crimes Act 1914 (Cwlth); 13 (vi) the Criminal Code Act 1995 (Cwlth); 14 (vii) the Unlawful Gambling Act 2009; 15 (viii) the Trade Practices Act 1974 (Cwlth); 16 (ix) the Fair Trading Act 1992; 17 (x) a law of another jurisdiction corresponding, or 18 substantially corresponding, to the Fair Trading 19 Act 1992; 20 (xi) a law in force in Australia or elsewhere relating to the 21 supply or consumption of liquor; 22 (xii) a law of the ACT with a maximum penalty of 23 imprisonment for 1 year or more; Liquor Bill 2010 page 55 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 4.1 Suitability of people for licences and permits Section 69 1 (xiii) a law elsewhere that, if the offence were committed in the 2 ACT, would have a maximum penalty of imprisonment 3 for 1 year or more; 4 Note A reference to an Act (including a Commonwealth Act) includes 5 a reference to the statutory instruments made or in force under the 6 Act, including any regulation (see Legislation Act, s 104). 7 (b) any proven noncompliance by the person with a legal 8 obligation in relation to the supply of liquor; 9 Examples 10 1 a commissioner's direction has been made against the licensee 11 2 an emergency closure order has been made against the licensee 12 3 the person has had a licence suspended 13 Note An example is part of the Act, is not exhaustive and may extend, 14 but does not limit, the meaning of the provision in which it 15 appears (see Legislation Act, s 126 and s 132). 16 (c) any refusal of an application by the person for a licence, permit 17 or other authority (however described) in relation to the supply 18 of liquor; 19 (d) whether the person complies with the requirements of this Act; 20 (e) if the person is an individual--whether the person is, or during 21 the preceding 5 years was-- 22 (i) bankrupt or personally insolvent; or 23 (ii) involved in the management of a corporation when the 24 corporation was insolvent; 25 Note Bankrupt or personally insolvent--see the Legislation Act, dict. page 56 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Suitability of people for licences and permits Division 4.1 Section 69 1 (f) if the person is a corporation-- 2 (i) whether the person is, or during the preceding 5 years 3 was, insolvent; or 4 (ii) whether each influential person for the corporation is a 5 suitable person to hold the licence or permit; 6 (g) if the person is a club--whether the club is an eligible club; 7 (h) if the person is a non-profit organisation--whether the 8 organisation operates on a not-for-profit basis; 9 (i) the person's knowledge and understanding of the obligations 10 under this Act applying in relation to the licence or permit; 11 (j) any other matter relevant to the person's ability to safely and 12 responsibly supply liquor. 13 Note Supply includes sell (see dict). 14 (2) In this section: 15 insolvent--a corporation is taken to be insolvent if the 16 corporation-- 17 (a) is being wound up; or 18 (b) has had a receiver or other controller appointed; or 19 (c) has entered into a deed of company arrangement with its 20 creditors; or 21 (d) is otherwise under external administration under the 22 Corporations Act, chapter 5. Liquor Bill 2010 page 57 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 4.1 Suitability of people for licences and permits Section 70 1 70 What is an eligible club? 2 In this Act: 3 eligible club means a club that-- 4 (a) is established for 1 or more of the following purposes: 5 (i) recreation; 6 (ii) promoting social, religious, political, literary, scientific, 7 artistic, sporting or athletic purposes; 8 (iii) a purpose prescribed by regulation; and 9 (b) has a constitution or set of rules that-- 10 (i) requires the nomination or election of financial members 11 or foundation members to manage the affairs of the club; 12 and 13 (ii) requires the club to keep records of nominations and 14 elections for 2 years or more; and 15 (iii) requires the club to hold a meeting of its members at least 16 once every 3 years to nominate or elect members to 17 manage the affairs of the club; and 18 (iv) prohibits the supply of liquor to a person who is not a 19 member of the club unless the person is on the club 20 premises-- 21 (A) at the invitation of a club member who is also on the 22 club premises; and 23 (B) with the consent of the club; and 24 (v) prohibits the payment of a commission, profit or 25 allowance from, or on receipts from, the supply of liquor 26 at the club premises; and page 58 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Suitability of people for licences and permits Division 4.1 Section 71 1 (c) has a membership of at least-- 2 (i) 200 adult financial members; or 3 (ii) if the club has held a club licence continuously since 4 before 1 June 1979 under the Liquor Act 1975 or this 5 Act--150 adult financial members. 6 71 Commissioner may require police certificate etc for 7 person 8 (1) This section applies if the commissioner is making a decision about 9 whether a person is a suitable person to hold a licence or permit. 10 (2) The commissioner may, by written notice given to the person 11 (a personal information notice), require the person to give the 12 commissioner 1 or more of the following not later than a stated 13 reasonable time: 14 (a) a police certificate for 1 or more of the following people, dated 15 not earlier than 3 months before the date of the personal 16 information notice: 17 (i) the person; 18 (ii) a close associate of the person; 19 (iii) if the person is a corporation--an influential person for 20 the person; 21 (iv) if someone other than the proposed licensee is to have 22 day-to-day control of the business operated under the 23 licence and the decision relates to suitability for a 24 licence--each person who is to have day-to-day control; 25 (b) other stated information about the person. 26 (3) A personal information notice must also tell the person that giving 27 false or misleading information is an offence against the Criminal 28 Code, section 338 (Giving false or misleading information). Liquor Bill 2010 page 59 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 4.1 Suitability of people for licences and permits Section 72 1 72 Commissioner need not decide suitability if certificate etc 2 not provided 3 (1) This section applies if-- 4 (a) the commissioner has given a person a personal information 5 notice under section 71; and 6 (b) the person does not give the commissioner the certificate or 7 information in accordance with the notice. 8 (2) The commissioner need not decide whether the person is a suitable 9 person to hold a licence or permit. 10 73 Offence--ongoing duty to update person's suitability 11 information 12 (1) This section applies to a person if-- 13 (a) the commissioner-- 14 (i) is deciding whether the person is a suitable person to hold 15 a licence or permit; or 16 (ii) has decided that the person is a suitable person to hold a 17 licence or permit and the person is operating under the 18 licence or permit; and 19 (b) the person has given the commissioner suitability information 20 about the person. 21 Note Suitability information, about a person--see s 69. 22 (2) A person commits an offence if-- 23 (a) the person's suitability information changes; and 24 (b) the person does not tell the commissioner about the change as 25 soon as practicable, but not later than 7 days after the change 26 happens. 27 Maximum penalty: 20 penalty units. page 60 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Suitability of premises for licences and permits Division 4.2 Section 74 1 (3) This section does not apply if the person-- 2 (a) was not aware of the change until later than 7 days after the 3 change happened; and 4 (b) told the commissioner about the change as soon as the person 5 became aware of the change. 6 Note The defendant has an evidential burden in relation to the matters 7 mentioned in s (3) (see Criminal Code, s 58). 8 Division 4.2 Suitability of premises for licences 9 and permits 10 74 Who is the responsible person for premises?--div 4.2 11 In this part: 12 responsible person, for premises, means-- 13 (a) for a licence for the premises--the licensee or proposed 14 licensee; or 15 (b) for a permit for the premises--the permit-holder or proposed 16 permit-holder. 17 75 What are suitable premises? 18 In this Act: 19 suitable premises, for a licence or permit, means premises that the 20 commissioner is satisfied are suitable premises for the licence or 21 permit. 22 76 Commissioner must consider suitability information, etc 23 In deciding whether premises are suitable premises for a licence or 24 permit, the commissioner must consider each of the following: 25 (a) suitability information about the premises; Liquor Bill 2010 page 61 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 4.2 Suitability of premises for licences and permits Section 77 1 (b) any certificate, plan or other information about the premises 2 given to the commissioner under-- 3 (i) section 25 (Licence--application); or 4 (ii) section 39 (Licence--amendment for change to floor plan 5 of licensed premises); or 6 (iii) section 50 (Permit--application); or 7 (iv) section 79 (Commissioner may require certificate, plan, 8 etc for premises); 9 (c) any public consultation representation about the premises 10 received by the commissioner under section 35 (Licence-- 11 representations); 12 (d) the results of any inspection of the premises by the 13 commissioner under section 80 (Commissioner may require 14 inspection of premises). 15 Note In making this decision, the commissioner must have regard to the harm 16 minimisation and community safety principles (see s 10). 17 77 Commissioner must decide premises not suitable in 18 some circumstances 19 (1) The commissioner must decide that premises are not suitable 20 premises for a licence or permit if-- 21 (a) the premises do not comply with the requirements of-- 22 (i) this Act; or 23 (ii) the Building Act 2004; or 24 (iii) the Planning and Development Act 2007; or 25 Note A reference to an Act includes a reference to the statutory 26 instruments made or in force under the Act, including any 27 regulation (see Legislation Act, s 104). page 62 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Suitability of premises for licences and permits Division 4.2 Section 78 1 (b) use of the premises in accordance with the licence or permit 2 would not be within the purpose of the lease for the land on 3 which the premises are located; or 4 (c) if a risk-assessment management plan is required under 5 section 25 (Licence--application), section 50 (Permit-- 6 application), or section 79 (Commissioner may require 7 certificate, plan, etc for premises)--the commissioner does not 8 approve the risk-assessment management plan. 9 Note The commissioner approves risk-assessment management plans under 10 s 90. 11 (2) However, the commissioner may decide that the premises are 12 suitable premises for the licence or permit if satisfied that, in all the 13 circumstances, it would be unreasonable to find the premises 14 unsuitable. 15 78 What is suitability information about premises? 16 In this Act: 17 suitability information, about premises, means information about 18 the following: 19 (a) any conviction of, or finding of guilt against, a person for an 20 offence against this Act involving the premises; 21 Note A reference to an Act includes a reference to the statutory 22 instruments made or in force under the Act, including any 23 regulation (see Legislation Act, s 104). 24 (b) any proven noncompliance of the premises with a legal 25 obligation in relation to the supply of liquor; 26 Example 27 the premises are licensed premises and the licence has been suspended 28 Note An example is part of the Act, is not exhaustive and may extend, 29 but does not limit, the meaning of the provision in which it 30 appears (see Legislation Act, s 126 and s 132). Liquor Bill 2010 page 63 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 4.2 Suitability of premises for licences and permits Section 78 1 (c) any refusal of an application for a licence, permit or other 2 authority (however described) in relation to the supply of 3 liquor at the premises; 4 (d) whether the premises comply with the requirements of-- 5 (i) this Act; and 6 (ii) the Building Act 2004; and 7 (iii) the Planning and Development Act 2007; 8 (e) whether use of the premises in accordance with the licence or 9 permit would be within the purpose of the lease for the land on 10 which the premises are located; 11 (f) the fire safety of the premises; 12 (g) the level of noise likely to emanate from the premises if used in 13 accordance with the licence or permit; 14 (h) whether use of the premises in accordance with the licence or 15 permit would be likely to attract a large number of people and, 16 if so, the risk to community safety; 17 (i) whether use of the premises in accordance with the licence or 18 permit would be likely to cause undue disturbance, 19 inconvenience or offence to people-- 20 (i) lawfully at adjacent or nearby premises; or 21 (ii) because of the premises' proximity to a place of public 22 worship, a hospital, residential premises, or a school; 23 (j) any other matter relevant to the appropriateness of the premises 24 in relation to the supply of liquor. 25 Note Supply includes sell (see dict). page 64 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Suitability of premises for licences and permits Division 4.2 Section 79 1 79 Commissioner may require certificate, plan, etc for 2 premises 3 (1) This section applies if the commissioner is making a decision about 4 whether premises are suitable premises for a licence or permit. 5 (2) The commissioner may, by written notice given to the responsible 6 person for the premises (a premises information notice), require the 7 person to give the commissioner 1 or more of the following, not 8 later than a stated reasonable time: 9 (a) an ACTPLA certificate for the premises, dated not earlier than 10 3 months before the date of the premises information notice; 11 (b) the final floor plans of the premises approved by the planning 12 and land authority in the development approval for the 13 premises; 14 (c) a certificate of occupancy for the premises; 15 (d) a risk-assessment management plan for the premises; 16 Note 1 See pt 6 (Risk-assessment management plans for licensed 17 premises and permitted premises). 18 Note 2 If the commissioner does not approve the risk-assessment 19 management plan, the commissioner must also decide that the 20 premises are not suitable premises for the licence or permit (see 21 s 77). 22 (e) other stated information about the premises. 23 (3) A premises information notice must also tell the person that giving 24 false or misleading information is an offence against the Criminal 25 Code, section 338 (Giving false or misleading information). Liquor Bill 2010 page 65 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 4.2 Suitability of premises for licences and permits Section 80 1 80 Commissioner may require inspection of premises 2 (1) This section applies if the commissioner is making a decision about 3 whether premises are suitable premises for a licence or permit. 4 (2) The commissioner may, by written notice given to the responsible 5 person for the premises (an inspection notice), require the person to 6 allow the commissioner to inspect the premises within a stated 7 reasonable time. 8 81 Commissioner need not decide suitability if requirements 9 not complied with 10 (1) This section applies if-- 11 (a) the commissioner has given a person a premises information 12 notice under section 79 and the person does not give the 13 commissioner the certificate, plan or information in accordance 14 with the notice; or 15 (b) the commissioner has given a person an inspection notice 16 under section 80 and the person does not allow the 17 commissioner to inspect the premises in accordance with the 18 notice. 19 (2) The commissioner need not decide whether the premises are suitable 20 premises for the licence or permit. 21 82 Offence--ongoing duty to update premises' suitability 22 information 23 (1) This section applies to a responsible person for premises if-- 24 (a) the commissioner-- 25 (i) is deciding whether the premises are suitable premises for 26 a licence or permit; or page 66 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Suitability of premises for licences and permits Division 4.2 Section 82 1 (ii) has decided that the premises are suitable premises for a 2 licence or permit and the premises are being used under 3 the licence or permit; and 4 (b) the responsible person has given the commissioner suitability 5 information about the premises. 6 Note Suitability information, about premises--see s 78. 7 (2) A responsible person commits an offence if-- 8 (a) the premises' suitability information changes; and 9 (b) the responsible person does not tell the commissioner about the 10 change as soon as practicable, but not later than 7 days after 11 the change happens. 12 Maximum penalty: 20 penalty units. 13 (3) This section does not apply if the responsible person-- 14 (a) was not aware of the change until later than 7 days after the 15 change happened; and 16 (b) told the commissioner about the change as soon as the person 17 became aware of the change. 18 Note The defendant has an evidential burden in relation to the matters 19 mentioned in s (3) (see Criminal Code, s 58). Liquor Bill 2010 page 67 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 83 1 Part 5 Occupancy loading for licensed 2 premises and permitted premises 3 83 What is occupancy loading? 4 In this Act: 5 occupancy loading, for a public area at licensed premises or 6 permitted premises, means the maximum number of people allowed 7 in the area. 8 84 What is a public area? 9 In this Act: 10 public area, at licensed premises or permitted premises, means an 11 area at the premises that is open to the public. 12 Example 13 an outdoor area at the premises that is open to the public 14 Note An example is part of the Act, is not exhaustive and may extend, but 15 does not limit, the meaning of the provision in which it appears (see 16 Legislation Act, s 126 and s 132). 17 85 Occupancy loading decision 18 (1) This section applies if the commissioner must decide the occupancy 19 loading for a public area at licensed premises or permitted premises. 20 Note Section 28, s 39 and s 52 require the commissioner to decide the 21 occupancy loading for public areas. 22 (2) In deciding the occupancy loading for a public area, the 23 commissioner must consider-- 24 (a) the chief officer's (fire brigade) occupancy loading 25 recommendation for the area under section 86; and 26 (b) the building code. page 68 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 86 1 (3) However, the commissioner must not decide an occupancy loading 2 for an area that exceeds the occupancy loading for the area 3 recommended under section 86 by the chief officer (fire brigade). 4 86 Fire engineering study and inspection 5 (1) This section applies if the commissioner must decide the occupancy 6 loading for a public area at licensed premises or permitted premises. 7 (2) The commissioner must ask the chief officer (fire brigade) to 8 recommend an occupancy loading for the area as soon as practicable 9 after deciding to-- 10 (a) issue the licence under section 27 (Licence--decision on 11 application); or 12 (b) amend the licence under section 39 (Licence--amendment for 13 change to floor plan of licensed premises); or 14 (c) issue the permit under section 51 (Permit--decision on 15 application). 16 (3) To prepare the recommendation, the chief officer (fire brigade) may, 17 by written notice (an occupancy loading notice) given to the 18 responsible person for the premises, require the person to-- 19 (a) give the chief officer (fire brigade) a fire engineering study for 20 the area not later than a stated reasonable time; or 21 (b) allow the chief officer (fire brigade) to inspect the area within a 22 stated reasonable time. 23 Note A fee may be determined under s 221 for this provision. 24 (4) In making the recommendation, the chief officer (fire brigade) must 25 consider-- 26 (a) if the chief officer (fire brigade) has required the responsible 27 person for premises to provide a fire engineering study--the 28 fire engineering study; and Liquor Bill 2010 page 69 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 87 1 (b) if the chief officer (fire brigade) has required the responsible 2 person for premises to allow an inspection--the results of the 3 inspection; and 4 (c) the building code, part D1.13. 5 (5) The chief officer (fire brigade) must give the commissioner the 6 officer's occupancy loading recommendation for an area as soon as 7 practicable after-- 8 (a) the commissioner's request; and 9 (b) the responsible person for the premises-- 10 (i) provides the study (if required); and 11 (ii) allows the inspection (if required). 12 87 Commissioner not to issue licence or permit if 13 requirement not complied with 14 (1) This section applies if the chief officer (fire brigade) has given a 15 person an occupancy loading notice for premises and the person 16 does not comply with the notice. 17 (2) The commissioner must not issue or amend the licence, or issue the 18 permit, for the premises until the notice is complied with. page 70 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] premises Section 88 1 Part 6 Risk-assessment management 2 plans for licensed premises and 3 permitted premises 4 88 What is a risk-assessment management plan? 5 In this Act: 6 risk-assessment management plan, for licensed premises or 7 permitted premises, means a plan that-- 8 (a) details procedures, practices and arrangements for conducting 9 the business of selling liquor at the premises; and 10 (b) includes anything prescribed by regulation. 11 Examples--what risk-assessment management plan may contain 12 1 how the premises are lit 13 2 what noise mitigation measures are in place 14 3 what security measures are in place 15 Note 1 If a form is approved under s 222 for this provision, the form must be 16 used. 17 Note 2 An example is part of the Act, is not exhaustive and may extend, but 18 does not limit, the meaning of the provision in which it appears (see 19 Legislation Act, s 126 and s 132). 20 89 What is an approved risk-assessment management plan? 21 In this Act: 22 approved risk-assessment management plan, for licensed premises 23 or permitted premises, means a risk-assessment management plan 24 approved under section 90 for the premises. Liquor Bill 2010 page 71 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] premises Section 90 1 90 Risk-assessment management plan--approval 2 (1) The commissioner may approve a risk-assessment management plan 3 for licensed premises or permitted premises only if satisfied that the 4 procedures, practices and arrangements in the plan are consistent 5 with the harm minimisation and community safety principles. 6 (2) If the commissioner decides to approve a risk-assessment 7 management plan for licensed premises or permitted premises, the 8 commissioner must give the licensee or permit-holder written notice 9 that the plan has been approved. 10 91 Risk-assessment management plan--amendment on 11 application 12 (1) This section applies if an approved risk-assessment management 13 plan is in force for licensed premises or permitted premises. 14 (2) The licensee or permit-holder may apply to the commissioner to 15 amend the approved risk-assessment management plan. 16 Example--amendment 17 to change a procedure about how the licensee is to deal with intoxicated people 18 Note 1 If a form is approved under s 222 for an application, the form must be 19 used. 20 Note 2 A fee may be determined under s 221 for this provision. 21 Note 3 An example is part of the Act, is not exhaustive and may extend, but 22 does not limit, the meaning of the provision in which it appears (see 23 Legislation Act, s 126 and s 132). 24 (3) In applying to amend an approved risk-assessment management 25 plan, the applicant must comply with any requirement prescribed by 26 regulation. 27 (4) The commissioner may, in writing, require the applicant to-- 28 (a) give the commissioner additional information or documents 29 that the commissioner reasonably needs to decide the 30 application; or page 72 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] premises Section 92 1 (b) allow the commissioner to inspect the premises within a stated 2 reasonable time. 3 (5) If the applicant does not comply with a requirement under 4 subsection (3) or (4), the commissioner may refuse to consider the 5 application. 6 92 Risk-assessment management plan--decision on 7 amendment 8 (1) This section applies if the commissioner receives an application to 9 amend an approved risk-assessment management plan under 10 section 91. 11 (2) The commissioner may amend the approved risk-assessment 12 management plan only if satisfied that-- 13 (a) the plan as amended would include procedures, practices and 14 arrangements consistent with the harm minimisation and 15 community safety principles; and 16 (b) any requirements prescribed by regulation have been complied 17 with. 18 Note A decision under s (2) is a reviewable decision (see s 214). 19 (3) The commissioner must, not later than the required time-- 20 (a) decide the application for amendment; and 21 (b) tell the licensee about the decision on the application. 22 (4) In this section: 23 required time means the latest of the following: 24 (a) if the commissioner requires the applicant to give the 25 commissioner additional information or documents under 26 section 91--90 days after the day the commissioner receives 27 the application; Liquor Bill 2010 page 73 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] premises Section 92 1 (b) if the commissioner requires the applicant to allow the 2 commissioner to inspect the premises under section 91--90 3 days after the day the commissioner inspects the premises; 4 (c) 90 days after the day the commissioner receives the 5 application. 6 Note Failure to amend an approved risk-assessment management plan within 7 the required time is taken to be a decision not to amend the plan (see 8 ACT Civil and Administrative Tribunal Act 2008, s 12). page 74 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Adults-only area decisions Division 7.1 Section 93 1 Part 7 Adults-only areas for licensed 2 premises and permitted premises 3 Division 7.1 Adults-only area decisions 4 93 What is an adults-only area? 5 In this Act: 6 adults-only area, for licensed premises or permitted premises, 7 means an area decided by the commissioner to be an adults-only 8 area under section 94. 9 94 Adults-only areas decision 10 (1) This section applies if the commissioner must decide the adults-only 11 areas for licensed premises or permitted premises. 12 Note Section 29, s 39 and s 53 require the commissioner to decide adults-only 13 areas for premises. 14 (2) In deciding the adults-only areas of premises, the commissioner 15 must consider-- 16 (a) the purpose of the licensed premises or permitted premises; 17 and 18 (b) the layout of the licensed premises or permitted premises. 19 (3) If the commissioner decides that licensed premises are to include an 20 adults-only area, the commissioner may also decide the times when 21 the area is to be used as an adults-only area. 22 Note In making a decision under this Act, a decision-maker must have regard 23 to the harm minimisation and community safety principles (see s 10). Liquor Bill 2010 page 75 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 7.2 Approvals for young people's event in adults-only area at licensed premises Section 95 1 Division 7.2 Approvals for young people's event in 2 adults-only area at licensed premises 3 95 Young people's event approval--application 4 (1) A licensee may apply to the commissioner for approval to conduct a 5 young people's event in an adults-only area of the licensed 6 premises. 7 (2) The application must-- 8 (a) be in writing; and 9 (b) include details of-- 10 (i) the day and time when the event is to start; and 11 (ii) the day and time when the event is to end; and 12 (iii) the name of each person who is to work at the event; and 13 (iv) a police certificate for each person who is to work at the 14 event, dated not earlier than 3 months before the date of 15 the application; and 16 (v) anything else prescribed by regulation. 17 Note 1 Giving false or misleading information is an offence against the 18 Criminal Code, s 338. 19 Note 2 If a form is approved under s 222 for this provision, the form must be 20 used. 21 Note 3 A fee may be determined under s 221 for this provision. 22 (3) The commissioner may, in writing, require the applicant to-- 23 (a) give the commissioner additional information or documents 24 that the commissioner reasonably needs to decide the 25 application; or 26 (b) allow the commissioner to inspect the premises within a stated 27 reasonable time. page 76 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Approvals for young people's event in adults-only area at licensed premises Division 7.2 Section 96 1 (4) If the applicant does not comply with a requirement under 2 subsection (3), the commissioner may refuse to consider the 3 application. 4 96 Young people's event approval--decision 5 (1) This section applies if the commissioner receives an application for 6 approval to conduct a young people's event under section 95. 7 (2) The commissioner may issue the approval to the applicant only if 8 satisfied that the applicant satisfies the criteria prescribed by 9 regulation. 10 (3) The commissioner must, not later than the required time-- 11 (a) decide the application for approval; and 12 (b) tell the licensee about the decision on the application. 13 (4) In this section: 14 required time means the latest of the following: 15 (a) if the commissioner requires the applicant to give the 16 commissioner additional information or documents under 17 section 95--90 days after the day the commissioner receives 18 the application; 19 (b) if the commissioner requires the applicant to allow the 20 commissioner to inspect the premises under section 95-- 21 90 days after the day the commissioner inspects the premises; 22 (c) 90 days after the day the commissioner receives the 23 application. 24 Note Failure to approve the conduct of a young people's event within the 25 required time is taken to be a decision not to approve the event (see 26 ACT Civil and Administrative Tribunal Act 2008, s 12). Liquor Bill 2010 page 77 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 7.2 Approvals for young people's event in adults-only area at licensed premises Section 97 1 97 Young people's event approval--form 2 (1) A young people's event approval must-- 3 (a) be in writing; and 4 (b) include the following information: 5 (i) the name of the licensee; 6 (ii) the day and time when the event is to start; 7 (iii) the day and time when the event is to end; 8 (iv) the name of each person approved to work at the event; 9 (v) the conditions on the approval; 10 (vi) anything else prescribed by regulation. 11 (2) A young people's event approval may include anything else the 12 commissioner considers relevant. 13 98 Young people's event approval--conditions 14 A young people's event approval is subject to any condition-- 15 (a) prescribed by regulation; or 16 (b) imposed by the commissioner when the approval is issued. 17 99 Young people's event approval--term 18 (1) A young people's event approval comes into force on the day and at 19 the time stated in the approval. 20 (2) An approval expires at the earlier of the following times: 21 (a) the day and time stated in the approval; 22 (b) 24 hours after the approval comes into force. page 78 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Responsible service of alcohol Division 8.1 Section 100 1 Part 8 Conduct at licensed premises 2 and permitted premises 3 Division 8.1 Responsible service of alcohol 4 100 Offence--supply liquor without RSA certificate--licensee 5 or permit-holder 6 (1) A person commits an offence if-- 7 (a) the person is a licensee; and 8 (b) the person supplies liquor to someone else; and 9 (c) the supply happens at the licensed premises; and 10 (d) the person does not hold an RSA certificate. 11 Maximum penalty: 50 penalty units. 12 Note Supply includes sell--see dict. 13 (2) A person commits an offence if-- 14 (a) the person is a commercial permit-holder; and 15 (b) the person supplies liquor to someone else; and 16 (c) the supply happens at the permitted premises; and 17 (d) the person does not hold an RSA certificate. 18 Maximum penalty: 50 penalty units. 19 (3) A person commits an offence if-- 20 (a) the person is a licensee; and 21 (b) an employee of the person supplies liquor to someone else; and 22 (c) the supply happens at the licensed premises; and Liquor Bill 2010 page 79 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.1 Responsible service of alcohol Section 101 1 (d) the employee does not hold an RSA certificate. 2 Maximum penalty: 50 penalty units. 3 (4) A person commits an offence if-- 4 (a) the person is a commercial permit-holder; and 5 (b) an employee of the person supplies liquor to someone else; and 6 (c) the supply happens at the permitted premises; and 7 (d) the employee does not hold an RSA certificate. 8 Maximum penalty: 50 penalty units. 9 (5) An offence against this section is a strict liability offence. 10 101 Offence--supply liquor without RSA certificate-- 11 employee 12 (1) A person commits an offence if-- 13 (a) the person is an employee of a licensee; and 14 (b) the person supplies liquor to someone else; and 15 (c) the supply happens at the licensed premises; and 16 (d) the person does not hold an RSA certificate. 17 Maximum penalty: 10 penalty units. 18 Note Supply includes sell (see dict). 19 (2) A person commits an offence if-- 20 (a) the person is an employee of a commercial permit-holder; and 21 (b) the person supplies liquor to someone else; and 22 (c) the supply happens at the permitted premises; and page 80 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Responsible service of alcohol Division 8.1 Section 102 1 (d) the person does not hold an RSA certificate. 2 Maximum penalty: 10 penalty units. 3 (3) An offence against this section is a strict liability offence. 4 102 Offence--crowd controller without RSA certificate 5 (1) A person commits an offence if-- 6 (a) the person is a licensee; and 7 (b) a crowd controller is working as a crowd controller at the 8 licensed premises; and 9 (c) the crowd controller does not hold an RSA certificate. 10 Maximum penalty: 50 penalty units. 11 (2) A person commits an offence if-- 12 (a) the person is a commercial permit-holder; and 13 (b) a crowd controller is working as a crowd controller at the 14 permitted premises; and 15 (c) the crowd controller does not hold an RSA certificate. 16 Maximum penalty: 50 penalty units. 17 (3) A person commits an offence if the person-- 18 (a) is a crowd controller; and 19 (b) is working as a crowd controller at licensed premises; and 20 (c) does not hold an RSA certificate. 21 Maximum penalty: 10 penalty units. Liquor Bill 2010 page 81 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.1 Responsible service of alcohol Section 103 1 (4) A person commits an offence if the person-- 2 (a) is a crowd controller; and 3 (b) is working as a crowd controller at permitted premises; and 4 (c) does not hold an RSA certificate. 5 Maximum penalty: 10 penalty units. 6 (5) An offence against this section is a strict liability offence. 7 Note Crowd controllers are regulated under the Security Industry Act 2003. 8 103 Offence--fail to keep RSA certificates 9 (1) A person commits an offence if the person-- 10 (a) is a licensee; and 11 (b) fails to keep a copy of an RSA certificate for each of the 12 following people: 13 (i) the licensee; 14 (ii) each person employed to supply liquor at the licensed 15 premises; 16 (iii) each crowd controller working as a crowd controller at 17 the licensed premises. 18 Maximum penalty: 20 penalty units. 19 Note Supply includes sell (see dict). 20 (2) A person commits an offence if the person-- 21 (a) is a commercial permit-holder; and 22 (b) fails to keep a copy of an RSA certificate for each of the 23 following people: 24 (i) the permit-holder; page 82 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Intoxicated people Division 8.2 Section 104 1 (ii) each person employed to supply liquor at the permitted 2 premises; 3 (iii) each crowd controller working as a crowd controller at 4 the permitted premises. 5 Maximum penalty: 20 penalty units. 6 (3) An offence against this section is a strict liability offence. 7 Division 8.2 Intoxicated people 8 104 What is intoxicated? 9 For this Act, a person is intoxicated if-- 10 (a) the person's speech, balance, coordination or behaviour is 11 noticeably affected; and 12 (b) it is reasonable in the circumstances to believe that the affected 13 speech, balance, coordination or behaviour is the result of the 14 consumption of liquor. 15 105 Offence--supply liquor to intoxicated person--licensee 16 or permit-holder 17 (1) A person commits an offence if-- 18 (a) the person is a licensee; and 19 (b) the person supplies liquor to another person; and 20 (c) the other person is intoxicated; and 21 (d) the supply happens at the licensed premises. 22 Maximum penalty: 50 penalty units. Liquor Bill 2010 page 83 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.2 Intoxicated people Section 105 1 (2) A person commits an offence if-- 2 (a) the person is a permit-holder; and 3 (b) the person supplies liquor to another person; and 4 (c) the other person is intoxicated; and 5 (d) the supply happens at the permitted premises. 6 Maximum penalty: 50 penalty units. 7 (3) A person commits an offence if-- 8 (a) the person is a licensee; and 9 (b) an employee of the licensee supplies liquor to another person; 10 and 11 (c) the other person is intoxicated; and 12 (d) the supply happens at the licensed premises. 13 Maximum penalty: 50 penalty units. 14 (4) A person commits an offence if-- 15 (a) the person is a permit-holder; and 16 (b) an employee of the permit-holder supplies liquor to another 17 person; and 18 (c) the other person is intoxicated; and 19 (d) the supply happens at the permitted premises. 20 Maximum penalty: 50 penalty units. 21 (5) An offence against this section is a strict liability offence. page 84 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Intoxicated people Division 8.2 Section 106 1 (6) In a prosecution for an offence against this section, a substance 2 supplied to a person is presumed to be liquor if-- 3 (a) the substance is supplied to the person in an adults-only area at 4 the premises; and 5 (b) a police officer gives evidence-- 6 (i) that the police officer saw the substance being supplied to 7 the person; and 8 (ii) that the police officer believes on reasonable grounds that 9 the substance is liquor. 10 Note A person rebutting the presumption in s (6) bears an evidential burden 11 in relation to the rebuttal (see Criminal Code, s 58). 12 106 Offence--supply liquor to intoxicated person--employee 13 (1) A person commits an offence if-- 14 (a) the person is an employee of a licensee; and 15 (b) the person supplies liquor to another person; and 16 (c) the other person is intoxicated; and 17 (d) the supply happens at the licensed premises. 18 Maximum penalty: 10 penalty units. 19 (2) A person commits an offence if-- 20 (a) the person is an employee of a permit-holder; and 21 (b) the person supplies liquor to another person; and 22 (c) the other person is intoxicated; and 23 (d) the supply happens at the permitted premises. 24 Maximum penalty: 10 penalty units. 25 (3) An offence against this section is a strict liability offence. Liquor Bill 2010 page 85 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.2 Intoxicated people Section 107 1 (4) In a prosecution for an offence against this section, a substance 2 supplied to a person is presumed to be liquor if-- 3 (a) the substance is supplied to the person in an adults-only area at 4 the premises; and 5 (b) a police officer gives evidence-- 6 (i) that the police officer saw the substance being supplied to 7 the person; and 8 (ii) that the police officer believes on reasonable grounds that 9 the substance is liquor. 10 Note A person rebutting the presumption in s (4) bears an evidential burden 11 in relation to the rebuttal (see Criminal Code, s 58). 12 107 Offence--supply liquor to intoxicated person--other 13 person 14 (1) A person commits an offence if-- 15 (a) the person supplies liquor to another person; and 16 (b) the other person is intoxicated; and 17 (c) the supply happens at-- 18 (i) licensed premises; or 19 (ii) permitted premises. 20 Maximum penalty: 5 penalty units. 21 (2) An offence against this section is a strict liability offence. 22 (3) This section does not apply to-- 23 (a) for supply at licensed premises-- 24 (i) the licensee; or 25 (ii) an employee of the licensee; or page 86 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Intoxicated people Division 8.2 Section 108 1 (b) for supply at permitted premises-- 2 (i) the permit-holder; or 3 (ii) an employee of the permit-holder. 4 Note 1 A licensee or permit-holder commits an offence if the licensee or 5 permit-holder supplies liquor to an intoxicated person (see s 105). 6 Note 2 An employee of a licensee or permit-holder commits an offence if the 7 employee supplies liquor to an intoxicated person (see s 106). 8 108 Offence--abuse, threaten, intimidate staff 9 (1) A person commits an offence if-- 10 (a) a staff member at premises refuses to supply liquor to the 11 person because the person is intoxicated; and 12 (b) the person engages in abusive, threatening or intimidating 13 behaviour towards the staff member; and 14 (c) the behaviour is because of the refusal. 15 Maximum penalty: 10 penalty units. 16 Note Supply includes sell (see dict). 17 (2) A person commits an offence if-- 18 (a) a staff member refuses to supply liquor to an intoxicated 19 person; and 20 (b) the person engages in abusive, threatening or intimidating 21 behaviour towards the staff member; and 22 (c) the behaviour is because of the refusal. 23 Maximum penalty: 10 penalty units. 24 (3) An offence against this section is a strict liability offence. Liquor Bill 2010 page 87 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.3 Children and young people Section 109 1 109 Offence--fail to display sign about abuse offence 2 (1) A person commits an offence if the person-- 3 (a) is a licensee; and 4 (b) fails to display signs about the offence in section 108 at the 5 licensed premises in the way prescribed by regulation. 6 Maximum penalty: 10 penalty units. 7 (2) A person commits an offence if the person-- 8 (a) is a permit-holder; and 9 (b) fails to display signs about the offence in section 108 at the 10 permitted premises in the way prescribed by regulation. 11 Maximum penalty: 10 penalty units. 12 (3) An offence against this section is a strict liability offence. 13 Division 8.3 Children and young people 14 110 Offence--supply liquor to child or young person-- 15 licensee or permit-holder 16 (1) A person commits an offence if-- 17 (a) the person is a licensee; and 18 (b) the person supplies liquor or low-alcohol liquor to another 19 person; and 20 (c) the other person is a child or young person; and 21 (d) the supply happens at licensed premises. 22 Maximum penalty: 50 penalty units. 23 Note Supply includes sell (see dict). page 88 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Children and young people Division 8.3 Section 110 1 (2) A person commits an offence if-- 2 (a) the person is a permit-holder; and 3 (b) the person supplies liquor or low-alcohol liquor to another 4 person; and 5 (c) the other person is a child or young person; and 6 (d) the supply happens at permitted premises. 7 Maximum penalty: 50 penalty units. 8 (3) A person commits an offence if-- 9 (a) the person is a licensee; and 10 (b) an employee of the licensee supplies liquor or low-alcohol 11 liquor to another person; and 12 (c) the other person is a child or young person; and 13 (d) the supply happens at the licensed premises. 14 Maximum penalty: 50 penalty units. 15 (4) A person commits an offence if-- 16 (a) the person is a permit-holder; and 17 (b) an employee of the permit-holder supplies liquor or 18 low-alcohol liquor to another person; and 19 (c) the other person is a child or young person; and 20 (d) the supply happens at the permitted premises. 21 Maximum penalty: 50 penalty units. 22 (5) An offence against this section is a strict liability offence. Liquor Bill 2010 page 89 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.3 Children and young people Section 110 1 (6) This section does not apply in relation to a young person if the 2 young person-- 3 (a) was at least 16 years old at the time of the offence; and 4 (b) had, before the time of the offence, shown 1 or more of the 5 following people an identification document identifying the 6 young person as an adult: 7 (i) the defendant; 8 (ii) an employee of the defendant; 9 (iii) a crowd controller working as a crowd controller at the 10 premises. 11 Note The defendant has an evidential burden in relation to the matters 12 mentioned in s (6) (see Criminal Code, s 58). 13 (7) In a prosecution for an offence against this section, a substance 14 supplied to a person is presumed to be liquor if-- 15 (a) the substance is supplied to the person in an adults-only area at 16 the premises; and 17 (b) a police officer gives evidence-- 18 (i) that the police officer saw the substance being supplied to 19 the person; and 20 (ii) that the police officer believes on reasonable grounds that 21 the substance is liquor. 22 Note A person rebutting the presumption in s (7) bears an evidential burden 23 in relation to the rebuttal (see Criminal Code, s 58). page 90 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Children and young people Division 8.3 Section 111 1 111 Offence--supply liquor to child or young person-- 2 employee 3 (1) A person commits an offence if-- 4 (a) the person is an employee of a licensee; and 5 (b) the person supplies liquor or low-alcohol liquor to another 6 person; and 7 (c) the other person is a child or young person; and 8 (d) the supply happens at the licensed premises. 9 Maximum penalty: 10 penalty units. 10 (2) A person commits an offence if-- 11 (a) the person is an employee of a permit-holder; and 12 (b) the person supplies liquor or low-alcohol liquor to another 13 person; and 14 (c) the other person is a child or young person; and 15 (d) the supply happens at the permitted premises. 16 Maximum penalty: 10 penalty units. 17 (3) An offence against this section is a strict liability offence. 18 (4) This section does not apply in relation to a young person at licensed 19 premises if the young person-- 20 (a) was at least 16 years old at the time of the offence; and 21 (b) had, before the time of the offence, shown 1 or more of the 22 following people an identification document identifying the 23 young person as an adult: 24 (i) the defendant; 25 (ii) the licensee; Liquor Bill 2010 page 91 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.3 Children and young people Section 111 1 (iii) a crowd controller working as a crowd controller at the 2 premises. 3 Note The defendant has an evidential burden in relation to the matters 4 mentioned in s (4) (see Criminal Code, s 58). 5 (5) This section does not apply in relation to a young person at 6 permitted premises if the young person-- 7 (a) was at least 16 years old at the time of the offence; and 8 (b) had, before the time of the offence, shown 1 or more of the 9 following people an identification document identifying the 10 young person as an adult: 11 (i) the defendant; 12 (ii) the permit-holder; 13 (iii) a crowd controller working as a crowd controller at the 14 premises. 15 Note The defendant has an evidential burden in relation to the matters 16 mentioned in s (5) (see Criminal Code, s 58). 17 (6) In a prosecution for an offence against this section, a substance 18 supplied to a person is presumed to be liquor if-- 19 (a) the substance is supplied to the person in an adults-only area at 20 the premises; and 21 (b) a police officer gives evidence-- 22 (i) that the police officer saw the substance being supplied to 23 the person; and 24 (ii) that the police officer believes on reasonable grounds that 25 the substance is liquor. 26 Note A person rebutting the presumption in s (6) bears an evidential burden 27 in relation to the rebuttal (see Criminal Code, s 58). page 92 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Children and young people Division 8.3 Section 112 1 112 Offence--supply liquor to child or young person--other 2 person 3 (1) A person commits an offence if-- 4 (a) the person supplies liquor or low-alcohol liquor to another 5 person; and 6 (b) the other person is a child or a young person; and 7 (c) the supply happens at-- 8 (i) licensed premises; or 9 (ii) permitted premises; and 10 (d) the person is a person other than-- 11 (i) for supply at licensed premises-- 12 (A) a licensee; or 13 (B) an employee of the licensee; or 14 (ii) for supply at permitted premises-- 15 (A) a permit-holder; or 16 (B) an employee of the permit-holder. 17 Maximum penalty: 20 penalty units. 18 (2) An offence against this section is a strict liability offence. 19 (3) This section does not apply in relation to a young person at licensed 20 premises if the young person-- 21 (a) was at least 16 years old at the time of the offence; and 22 (b) had, before the time of the offence, shown 1 or more of the 23 following people an identification document identifying the 24 young person as an adult: 25 (i) the defendant; Liquor Bill 2010 page 93 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.3 Children and young people Section 113 1 (ii) the licensee; 2 (iii) an employee of the licensee; 3 (iv) a crowd controller working as a crowd controller at the 4 premises. 5 (4) This section does not apply in relation to a young person at 6 permitted premises if the young person-- 7 (a) was at least 16 years old at the time of the offence; and 8 (b) had, before the time of the offence, shown 1 or more of the 9 following people an identification document identifying the 10 young person as an adult: 11 (i) the defendant; 12 (ii) the permit-holder; 13 (iii) an employee of the permit-holder; 14 (iv) a crowd controller working as a crowd controller at the 15 premises. 16 Note 1 The defendant has an evidential burden in relation to the matters 17 mentioned in ss (3) and (4) (see Criminal Code, s 58). 18 Note 2 It is an offence to supply liquor to a child or young person in a public 19 place (see s 203). 20 113 Licensee, permit-holder, etc may refuse to supply liquor 21 without identification document 22 (1) A staff member at premises may refuse to supply liquor or 23 low-alcohol liquor to a person if, when asked, the person does not 24 show the staff member an identification document identifying the 25 person as an adult. 26 (2) This section does not limit the circumstances in which a person may 27 refuse to supply liquor or low-alcohol liquor. page 94 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Children and young people Division 8.3 Section 114 1 114 Offence--child or young person consume liquor-- 2 licensee or permit-holder 3 (1) A person commits an offence if-- 4 (a) the person is a licensee; and 5 (b) another person consumes liquor or low-alcohol liquor at the 6 licensed premises; and 7 (c) the other person is a child or young person. 8 Maximum penalty: 20 penalty units. 9 (2) A person commits an offence if-- 10 (a) the person is a permit-holder; and 11 (b) another person consumes liquor or low-alcohol liquor at the 12 permitted premises; and 13 (c) the other person is a child or young person. 14 Maximum penalty: 20 penalty units. 15 (3) An offence against this section is a strict liability offence. 16 (4) This section does not apply in relation to a young person at premises 17 if the young person-- 18 (a) was at least 16 years old at the time of the offence; and 19 (b) had, before the time of the offence, shown 1 or more of the 20 following people an identification document identifying the 21 young person as an adult: 22 (i) the defendant; 23 (ii) an employee of the defendant; Liquor Bill 2010 page 95 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.3 Children and young people Section 115 1 (iii) a crowd controller working as a crowd controller at the 2 premises. 3 Note The defendant has an evidential burden in relation to the matters 4 mentioned in s (4) (see Criminal Code, s 58). 5 115 Offence--child or young person consume liquor 6 A person commits an offence if the person-- 7 (a) is a child or young person; and 8 (b) consumes liquor or low-alcohol liquor at-- 9 (i) licensed premises; or 10 (ii) permitted premises. 11 Maximum penalty: 5 penalty units. 12 Note A police officer may caution a child or young person in relation to this 13 offence (see s 149). 14 116 Offence--child or young person possess liquor--licensee 15 or permit-holder 16 (1) A person commits an offence if-- 17 (a) the person is a licensee; and 18 (b) another person possesses liquor or low-alcohol liquor at the 19 licensed premises; and 20 (c) the other person is a child or young person. 21 Maximum penalty: 20 penalty units. page 96 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Children and young people Division 8.3 Section 116 1 (2) A person commits an offence if-- 2 (a) the person is a permit-holder; and 3 (b) another person possesses liquor or low-alcohol liquor at the 4 permitted premises; and 5 (c) the other person is a child or young person. 6 Maximum penalty: 20 penalty units. 7 (3) An offence against this section is a strict liability offence. 8 (4) This section does not apply in relation to a young person if the 9 young person possesses the liquor or low-alcohol liquor in the 10 course of-- 11 (a) the young person's employment at the licensed premises or 12 permitted premises; or 13 (b) a training program conducted by a declared training provider. 14 (5) This section does not apply in relation to a young person at premises 15 if the young person-- 16 (a) was at least 16 years old at the time of the offence; and 17 (b) had, before the time of the offence, shown 1 or more of the 18 following people an identification document identifying the 19 young person as an adult: 20 (i) the defendant; 21 (ii) an employee of the defendant; 22 (iii) a crowd controller working as a crowd controller at the 23 premises. 24 Note The defendant has an evidential burden in relation to the matters 25 mentioned in ss (4) and (5) (see Criminal Code, s 58). Liquor Bill 2010 page 97 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.3 Children and young people Section 117 1 117 Offence--child or young person possess liquor 2 (1) A person commits an offence if the person-- 3 (a) is a child or young person; and 4 (b) possesses liquor or low-alcohol liquor at-- 5 (i) licensed premises; or 6 (ii) permitted premises. 7 Maximum penalty: 5 penalty units. 8 (2) This section does not apply to a young person if the young person 9 possesses the liquor or low-alcohol liquor in the course of-- 10 (a) the young person's employment at the licensed premises or 11 permitted premises; or 12 (b) a training program conducted by a declared training provider. 13 Note 1 The defendant has an evidential burden in relation to the matters 14 mentioned in s (2) (see Criminal Code, s 58). 15 Note 2 A police officer may caution a child or young person in relation to this 16 offence (see s 149). 17 118 Offence--child or young person supply liquor--licensee 18 or permit-holder 19 (1) A person commits an offence if-- 20 (a) the person is a licensee; and 21 (b) the person employs a child or young person; and 22 (c) the child or young person supplies liquor; and 23 (d) the liquor is supplied in an adults-only area of the licensed 24 premises. 25 Maximum penalty: 50 penalty units. 26 Note Supply includes sell (see dict). page 98 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Children and young people Division 8.3 Section 119 1 (2) A person commits an offence if-- 2 (a) the person is a permit-holder; and 3 (b) the person employs a child or young person; and 4 (c) the child or young person supplies liquor; and 5 (d) the liquor is supplied in an adults-only area of the permitted 6 premises. 7 Maximum penalty: 50 penalty units. 8 (3) An offence against this section is a strict liability offence. 9 119 Offence--send child or young person to obtain liquor 10 (1) A person commits an offence if-- 11 (a) the person sends another person to buy liquor or low-alcohol 12 liquor at-- 13 (i) licensed premises; or 14 (ii) permitted premises; and 15 (b) the other person is a child or young person. 16 Maximum penalty: 10 penalty units. 17 (2) A person commits an offence if-- 18 (a) the person sends another person to collect liquor or 19 low-alcohol liquor at-- 20 (i) licensed premises; or 21 (ii) permitted premises; and 22 (b) the other person is a child or young person. 23 Maximum penalty: 10 penalty units. Liquor Bill 2010 page 99 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.3 Children and young people Section 120 1 (3) This section does not apply in relation to a young person if the 2 young person is sent to obtain liquor or low-alcohol liquor in the 3 course of-- 4 (a) the young person's employment at the licensed premises or 5 permitted premises; or 6 (b) a training program conducted by a declared training provider. 7 Note The defendant has an evidential burden in relation to the matters 8 mentioned in s (3) (see Criminal Code, s 58). 9 120 Offence--child or young person in adults-only area-- 10 licensee or permit-holder 11 (1) A person commits an offence if-- 12 (a) the person is a licensee; and 13 (b) a child or young person is in an adults-only area of the licensed 14 premises. 15 Maximum penalty: 50 penalty units. 16 (2) A person commits an offence if-- 17 (a) the person is a permit-holder; and 18 (b) a child or young person is in an adults-only area of the 19 permitted premises. 20 Maximum penalty: 50 penalty units. 21 (3) An offence against this section is a strict liability offence. 22 (4) This section does not apply if the child or young person is in the 23 care of an adult who-- 24 (a) is a parent, step-parent, guardian, person acting in place of a 25 parent, domestic partner or carer of the child or young person; 26 and page 100 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Children and young people Division 8.3 Section 120 1 (b) could reasonably be expected to responsibly supervise the child 2 or young person. 3 Note For the meaning of domestic partner, see the Legislation Act, s 169. 4 (5) This section does not apply in relation to a young person if the 5 young person is in the adults-only area in the course of-- 6 (a) the young person's employment at the licensed premises or 7 permitted premises; or 8 (b) a training program conducted by a declared training provider. 9 (6) This section does not apply in relation to a young person if-- 10 (a) the young person is attending an approved young people's 11 event in the adults-only area; and 12 (b) the event is conducted in accordance with the young people's 13 event approval. 14 Note Young people's event approvals are made under s 95 (3). 15 (7) This section does not apply in relation to a young person if the 16 young person-- 17 (a) was at least 16 years old at the time of the offence; and 18 (b) had, before the time of the offence, shown 1 or more of the 19 following people an identification document identifying the 20 young person as an adult: 21 (i) the defendant; 22 (ii) an employee of the defendant; 23 (iii) a crowd controller working as a crowd controller at the 24 premises. 25 Note The defendant has an evidential burden in relation to the matters 26 mentioned in ss (4), (5), (6) and (7) (see Criminal Code, s 58). Liquor Bill 2010 page 101 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.3 Children and young people Section 121 1 121 Offence--child or young person in adults-only area 2 (1) A person commits an offence if the person is-- 3 (a) a child or young person; and 4 (b) in an adults-only area at-- 5 (i) licensed premises; or 6 (ii) permitted premises. 7 Maximum penalty: 5 penalty units. 8 (2) An offence against this section is a strict liability offence. 9 (3) This section does not apply to a child or young person if the child or 10 young person is in the care of an adult who-- 11 (a) is a parent, step-parent, guardian, person acting in place of a 12 parent, domestic partner or carer of the child or young person; 13 and 14 (b) could reasonably be expected to responsibly supervise the child 15 or young person. 16 Note For the meaning of domestic partner, see the Legislation Act, s 169. 17 (4) This section does not apply to a young person if the young person is 18 in the adults-only area in the course of-- 19 (a) the young person's employment at the licensed premises or 20 permitted premises; or 21 (b) a training program conducted by a declared training provider. 22 Note 1 Employment of children is dealt with in the Children and Young People 23 Act 2008. 24 Note 2 Children and young people must not serve liquor (see s 118). page 102 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Children and young people Division 8.3 Section 122 1 (5) This section does not apply to a young person if-- 2 (a) the young person is attending an approved young people's 3 event in the adults-only area; and 4 (b) the event is conducted in accordance with the young people's 5 event approval. 6 Note 1 The defendant has an evidential burden in relation to the matters 7 mentioned in ss (3), (4) and (5) (see Criminal Code, s 58). 8 Note 2 A police officer may caution a child or young person in relation to this 9 offence (see s 149). 10 Note 3 Young people's event approvals are made under s 95 (3). 11 122 Offence--child or young person use false identification 12 for adults-only area 13 (1) A person commits an offence if the person-- 14 (a) is a child or young person; and 15 (b) uses a false identification document to obtain entry to an 16 adults-only area at-- 17 (i) licensed premises; or 18 (ii) permitted premises. 19 Maximum penalty: 5 penalty units. 20 Note A police officer may caution a child or young person in relation to this 21 offence (see s 148). 22 (2) A person commits an offence if the person-- 23 (a) is a child or young person; and 24 (b) uses a false identification document to remain in an adults-only 25 area at-- 26 (i) licensed premises; or Liquor Bill 2010 page 103 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.3 Children and young people Section 123 1 (ii) permitted premises. 2 Maximum penalty: 5 penalty units. 3 Note A police officer may caution a child or young person in relation to this 4 offence (see s 149). 5 (3) An offence against this section is a strict liability offence. 6 123 Offence--fail to mark adults-only areas 7 (1) A person commits an offence if-- 8 (a) the person is a licensee; and 9 (b) an adults-only area at the licensed premises is not clearly 10 marked for the public in the way prescribed by regulation. 11 Maximum penalty: 20 penalty units. 12 (2) A person commits an offence if-- 13 (a) the person is a permit-holder; and 14 (b) an adults-only area at the permitted premises is not clearly 15 marked for the public in the way prescribed by regulation. 16 Maximum penalty: 20 penalty units. 17 (3) An offence against this section is a strict liability offence. 18 124 Licensee, permit-holder, etc may seize false identification 19 document 20 (1) If a staff member or crowd controller working at licensed premises 21 or permitted premises believes on reasonable grounds that a 22 document shown to the person is a false identification document, the 23 staff member or crowd controller may seize the document. 24 (2) However, a staff member or crowd controller working at licensed 25 premises or permitted premises must not seize a document that 26 purports to be a passport. page 104 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Children and young people Division 8.3 Section 124 1 (3) As soon as practicable after a staff member or crowd controller 2 working at licensed premises or permitted premises seizes a 3 document, the staff member or crowd controller must give a receipt 4 for it to the person from whom it was seized. 5 (4) A receipt under this section must include the following: 6 (a) a description of the thing seized; 7 (b) an explanation of why the thing was seized; 8 (c) the staff member's or crowd controller's name, and how to 9 contact the staff member or crowd controller; 10 (d) if the thing is moved from the premises where it is seized-- 11 where the thing is to be taken. 12 Note If a form is approved under s 222 for this provision, the form must be 13 used. 14 (5) A person commits an offence if the person-- 15 (a) is a staff member or crowd controller working at licensed 16 premises or permitted premises; and 17 (b) seizes a document under subsection (1); and 18 (c) does not give the document to the commissioner within 7 days 19 after the document is seized. 20 Maximum penalty: 5 penalty units. 21 (6) A person commits an offence if the person-- 22 (a) is a licensee or permit-holder; and 23 (b) does not make a record of-- 24 (i) each document seized by the person, or an employee of 25 the person, under subsection (1); and 26 (ii) the date and time when, and the person who, seized the 27 document; and Liquor Bill 2010 page 105 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.4 Occupancy loading Section 125 1 (iii) the reason the document was seized; and 2 (iv) the date and time when the document was given to the 3 commissioner. 4 Maximum penalty: 5 penalty units. 5 (7) A person commits an offence if the person-- 6 (a) is a licensee or a permit-holder; and 7 (b) does not keep a record mentioned in subsection (6)-- 8 (i) for at least 2 years; and 9 (ii) at the licensed premises. 10 Maximum penalty: 5 penalty units. 11 Division 8.4 Occupancy loading 12 125 Offence--exceed occupancy loading 13 (1) A person commits an offence if-- 14 (a) the person is a licensee; and 15 (b) the number of people in a public area at the licensed premises 16 is more than the number allowed under the occupancy loading 17 for the area. 18 Maximum penalty: 50 penalty units. 19 (2) A person commits an offence if-- 20 (a) the person is a permit-holder; and 21 (b) the number of people in a public area at the permitted premises 22 is more than the number allowed under the occupancy loading 23 for the area. 24 Maximum penalty: 50 penalty units. 25 (3) An offence against this section is a strict liability offence. page 106 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Approved risk-assessment management plans Division 8.5 Section 126 1 126 Offence--fail to display occupancy loading sign 2 (1) A person commits an offence if the person-- 3 (a) is a licensee; and 4 (b) fails to display a sign about the occupancy loading at the 5 licensed premises in the way prescribed by regulation. 6 Maximum penalty: 10 penalty units. 7 (2) A person commits an offence if the person-- 8 (a) is a permit-holder; and 9 (b) fails to display a sign about the occupancy loading at the 10 permitted premises in the way prescribed by regulation. 11 Maximum penalty: 10 penalty units. 12 (3) An offence against this section is a strict liability offence. 13 Division 8.5 Approved risk-assessment 14 management plans 15 127 Offence--fail to comply with approved risk-assessment 16 management plan 17 (1) A person commits an offence if the person-- 18 (a) is a licensee; and 19 (b) fails to comply with an approved risk-assessment management 20 plan in force for the licensed premises. 21 Maximum penalty: 20 penalty units. Liquor Bill 2010 page 107 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.5 Approved risk-assessment management plans Section 127 1 (2) A person commits an offence if the person-- 2 (a) is a commercial permit-holder; and 3 (b) fails to comply with an approved risk-assessment management 4 plan in force for the permitted premises. 5 Maximum penalty: 20 penalty units. 6 (3) A person commits an offence if-- 7 (a) the person is a licensee; and 8 (b) an employee of the licensee fails to comply with an approved 9 risk-assessment management plan in force for the licensed 10 premises. 11 Maximum penalty: 10 penalty units. 12 (4) A person commits an offence if-- 13 (a) the person is a commercial permit-holder; and 14 (b) an employee of the permit-holder fails to comply with an 15 approved risk-assessment management plan in force for the 16 permitted premises. 17 Maximum penalty: 10 penalty units. 18 (5) This section does not apply if-- 19 (a) a term in the approved risk-assessment management plan for 20 the premises is inconsistent with a condition on the licence, or 21 commercial permit, for the premises; and 22 (b) the defendant complies with the condition. 23 Note The defendant has an evidential burden in relation to the matters 24 mentioned in s (5) (see Criminal Code, s 58). page 108 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Incidents Division 8.6 Section 128 1 128 Offence--fail to make risk-assessment management plan 2 available 3 (1) A person commits an offence if the person-- 4 (a) is a licensee; and 5 (b) fails to make the risk-assessment management plan for the 6 licensed premises available for public inspection. 7 Maximum penalty: 10 penalty units. 8 (2) A person commits an offence if the person-- 9 (a) is a commercial permit-holder; and 10 (b) fails to make the risk-assessment management plan for the 11 permitted premises available for public inspection. 12 Maximum penalty: 10 penalty units. 13 (3) An offence against this section is a strict liability offence. 14 Division 8.6 Incidents 15 129 What is an incident?--div 8.6 16 In this division: 17 incident means an incident-- 18 (a) involving violent, unlawful or anti-social behaviour at licensed 19 premises or permitted premises; or 20 (b) involving violent or anti-social behaviour that-- 21 (i) occurs in the immediate vicinity of licensed premises or 22 permitted premises; and 23 (ii) involves a person who has recently left, or been refused 24 admission to, the premises; or Liquor Bill 2010 page 109 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.6 Incidents Section 130 1 (c) resulting in a person being removed from licensed premises or 2 permitted premises; or 3 (d) occurring after midnight and before the time prescribed by 4 regulation resulting in a person at licensed premises or 5 permitted premises requiring medical assistance; or 6 (e) prescribed by regulation. 7 130 Incident register 8 (1) A licensee or permit-holder must keep a register (an incident 9 register) of incidents that occur at the licensed premises or 10 permitted premises. 11 (2) The incident register must include the following details for each 12 incident: 13 (a) a description of the incident; 14 (b) the date and time the incident happened; 15 (c) the name, address and contact details of each person connected 16 with the incident including-- 17 (i) each employee of the licensee or permit-holder connected 18 with the incident; and 19 (ii) each crowd controller working as a crowd controller at 20 the premises connected with the incident; and 21 (iii) each police officer connected with the incident; 22 (d) any action taken in relation to the incident. 23 Note An incident must be included in the register as soon as possible after the 24 incident occurs (see Legislation Act, s 151B). page 110 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Breath testing machines Division 8.7 Section 131 1 131 Offence--fail to keep incident register 2 (1) A person commits an offence if the person-- 3 (a) is a licensee; and 4 (b) does not keep an incident register for the licensed premises in 5 accordance with section 130. 6 Maximum penalty: 10 penalty units. 7 (2) A person commits an offence if the person-- 8 (a) is a permit-holder; and 9 (b) does not keep an incident register for the permitted premises in 10 accordance with section 130. 11 Maximum penalty: 10 penalty units. 12 (3) An offence against this section is a strict liability offence. 13 Division 8.7 Breath testing machines 14 132 What is a breath testing machine?--div 8.7 15 In this division: 16 breath testing machine means a machine that is-- 17 (a) designed to measure, by analysing a person's breath, the 18 concentration of alcohol present in the person's blood; and 19 (b) of a type specified in AS 3547-1997 (Breath Alcohol Testing 20 Devices for Personal Use) as in force from time to time. 21 Note This standard may be purchased at www.standards.org.au. Liquor Bill 2010 page 111 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.7 Breath testing machines Section 133 1 133 Offence--fail to display breath testing machine sign 2 (1) A person commits an offence if-- 3 (a) the person is a licensee; and 4 (b) a breath testing machine is installed at the licensed premises; 5 and 6 (c) the person fails to display a sign about the breath testing 7 machine in the way prescribed by regulation. 8 Maximum penalty: 20 penalty units. 9 (2) A person commits an offence if-- 10 (a) the person is a permit-holder; and 11 (b) a breath testing machine is installed at the permitted premises; 12 and 13 (c) the person fails to display a sign about the breath testing 14 machine in the way prescribed by regulation. 15 Maximum penalty: 20 penalty units. 16 134 Evidence of breath tests 17 (1) This section applies to evidence of the results of a test that indicates 18 the presence or concentration of alcohol in the blood of a person, 19 performed on a breath testing machine installed at licensed premises 20 or permitted premises. 21 (2) The evidence is not admissible-- 22 (a) in a civil proceeding against the licensee or permit-holder; or 23 (b) in a criminal proceeding. page 112 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Other offences Division 8.8 Section 135 1 (3) However, this section does not prevent the admission into evidence 2 in a civil proceeding of the results of the test if it is established that 3 at the time of the test-- 4 (a) the breath testing machine did not comply with AS 3547-1997; 5 or 6 (b) the licensee or permit-holder was aware, or should have been 7 aware, that the breath testing machine was not operating 8 correctly; or 9 (c) a sign about the breath testing machine was not displayed as 10 required under section 133. 11 Division 8.8 Other offences 12 135 Offence--sell petrol at premises 13 (1) A person commits an offence if-- 14 (a) the person is a licensee; and 15 (b) the person sells petrol to another person; and 16 (c) the sale happens at the licensed premises. 17 Maximum penalty: 20 penalty units. 18 (2) A person commits an offence if-- 19 (a) the person is a permit-holder; and 20 (b) the person sells petrol to another person; and 21 (c) the sale happens at the permitted premises. 22 Maximum penalty: 20 penalty units. 23 (3) This section does not apply to the sale of petrol at licensed premises 24 prescribed by regulation. Liquor Bill 2010 page 113 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.8 Other offences Section 136 1 136 Offence--conduct prohibited promotional activities 2 (1) A person commits an offence if-- 3 (a) the person is a licensee; and 4 (b) the person conducts a prohibited promotional activity; and 5 (c) the activity is conducted at the licensed premises. 6 Maximum penalty: 50 penalty units. 7 (2) A person commits an offence if-- 8 (a) the person is a permit-holder; and 9 (b) the person conducts a prohibited promotional activity; and 10 (c) the activity is conducted at the permitted premises. 11 Maximum penalty: 50 penalty units. 12 (3) A person commits an offence if-- 13 (a) the person is a permit-holder; and 14 (b) another person conducts a prohibited promotional activity; and 15 (c) the person knows about the activity; and 16 (d) the activity is conducted at the permitted premises. 17 Maximum penalty: 50 penalty units. 18 (4) In this section: 19 prohibited promotional activity means an activity that-- 20 (a) encourages excessive or rapid consumption of liquor; or 21 (b) is prescribed by regulation. page 114 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Other offences Division 8.8 Section 137 1 137 Offence--fail to leave premises when directed 2 (1) A person commits an offence if-- 3 (a) the person is at licensed premises; and 4 (b) 1 of the following people directs the person to leave the 5 premises: 6 (i) the licensee; 7 (ii) an employee of the licensee; 8 (iii) a crowd controller working as a crowd controller at the 9 premises; and 10 (c) the person fails to comply with the direction. 11 Maximum penalty: 20 penalty units. 12 (2) A person commits an offence if-- 13 (a) the person is at permitted premises; and 14 (b) 1 of the following people directs the person to leave the 15 premises: 16 (i) the permit-holder; 17 (ii) an employee of the permit-holder; 18 (iii) a crowd controller working as a crowd controller at the 19 premises; and 20 (c) the person fails to comply with the direction. 21 Maximum penalty: 20 penalty units. 22 (3) An offence against this section is a strict liability offence. Liquor Bill 2010 page 115 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.8 Other offences Section 138 1 138 Offence--consume liquor at off licensed premises 2 (1) A person commits an offence if-- 3 (a) the person is an off licensee; and 4 (b) another person consumes liquor at the off licensed premises. 5 Maximum penalty: 20 penalty units. 6 (2) A person commits an offence if-- 7 (a) the person consumes liquor; and 8 (b) the consumption happens at off licensed premises. 9 Maximum penalty: 10 penalty units. 10 (3) An offence against this section is a strict liability offence. 11 (4) This section does not apply if the person consuming the liquor at the 12 premises is-- 13 (a) the off licensee; or 14 (b) an employee of the licensee; or 15 (c) a family member of the licensee. 16 (5) This section does not apply if the person consuming the liquor at the 17 premises was supplied with the liquor for consumption as a sample 18 of liquor available for sale and-- 19 (a) there was no charge for the sample; and 20 (b) the sample was consumed at the premises in an area stated to 21 be a sampling area. 22 Note The defendant has an evidential burden in relation to the matters 23 mentioned in ss (4) and (5) (see Criminal Code, s 58). page 116 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Other offences Division 8.8 Section 139 1 139 Offence--sexually explicit entertainment 2 (1) A person commits an offence if-- 3 (a) the person is a licensee; and 4 (b) there is sexually explicit entertainment at the licensed 5 premises. 6 Maximum penalty: 50 penalty units, imprisonment for 6 months or 7 both. 8 (2) A person commits an offence if-- 9 (a) the person is a permit-holder; and 10 (b) there is sexually explicit entertainment at the permitted 11 premises. 12 Maximum penalty: 50 penalty units, imprisonment for 6 months or 13 both. 14 (3) This section does not apply if-- 15 (a) the premises are in a prescribed location; or 16 (b) the entertainment is in a room at the premises used for 17 accommodation. 18 (4) In this section: 19 sexual intercourse--see the Crimes Act 1900, section 50. 20 sexually explicit entertainment-- 21 (a) means a performance or other entertainment-- 22 (i) in which a person displays genitalia; or 23 (ii) that includes sexual intercourse; and 24 (b) includes a performance, or other entertainment, prescribed by 25 regulation. Liquor Bill 2010 page 117 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 8.8 Other offences Section 140 1 140 Offence--fail to keep licence or permit at premises 2 (1) A person commits an offence if the person-- 3 (a) is a licensee; and 4 (b) fails to keep the licence at the licensed premises. 5 Maximum penalty: 5 penalty units. 6 (2) A person commits an offence if the person-- 7 (a) is a permit-holder; and 8 (b) fails to keep the permit at the permitted premises. 9 Maximum penalty: 5 penalty units. 10 (3) An offence against this section is a strict liability offence. 11 141 Offence--fail to keep records in required way 12 (1) A person commits an offence if the person-- 13 (a) is a licensee or permit-holder; and 14 (b) sells liquor; and 15 (c) does not record the sale-- 16 (i) in electronic form; and 17 (ii) in a way that is easily retrievable. 18 Maximum penalty: 20 penalty units. 19 (2) A person commits an offence if the person-- 20 (a) is a licensee or permit-holder; and 21 (b) sells liquor; and 22 (c) makes a record of the sale; and page 118 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Other offences Division 8.8 Section 142 1 (d) does not keep the record for at least 6 years. 2 Maximum penalty: 50 penalty units. 3 (3) An offence against this section is a strict liability offence. 4 142 Offence--club licensee advertise for public attendance 5 A person commits an offence if-- 6 (a) the person is a club licensee; and 7 (b) the person publishes a statement; and 8 (c) the statement-- 9 (i) constitutes an invitation to the public to attend the 10 licensed premises; or 11 (ii) could reasonably be understood as an invitation to the 12 public to attend the licensed premises. 13 Maximum penalty: 10 penalty units. Liquor Bill 2010 page 119 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 9.1 Commissioner's directions Section 143 1 Part 9 Directions, emergency closure 2 orders and cautions 3 Division 9.1 Commissioner's directions 4 143 Commissioner may direct licensee, permit-holder, 5 employee etc 6 (1) This section applies if the commissioner believes on reasonable 7 grounds that there is, or is likely to be-- 8 (a) a contravention of this Act; or 9 (b) a breach of a licence or permit. 10 Note A reference to an Act includes a reference to the statutory instruments 11 made or in force under the Act, including any regulation (see 12 Legislation Act, s 104). 13 (2) The commissioner may direct (a commissioner's direction) 1 or 14 more of the following people to take action to prevent the 15 contravention or breach: 16 (a) a licensee; 17 (b) an employee of a licensee; 18 (c) a person working at the licensed premises; 19 (d) a permit-holder; 20 (e) an employee of a permit-holder; 21 (f) a person working at the permitted premises. 22 Examples--commissioner's direction 23 1 to a licensee to require people to leave a public area of the licensed premises 24 because the occupancy loading for the area has been exceeded page 120 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Commissioner's directions Division 9.1 Section 143 1 2 to a licensee to reduce loud noise coming from premises 2 Note 1 In making this decision, the commissioner must have regard to the harm 3 minimisation and community safety principles (see s 10). 4 Note 2 An example is part of the Act, is not exhaustive and may extend, but 5 does not limit, the meaning of the provision in which it appears (see 6 Legislation Act, s 126 and s 132). 7 (3) A commissioner's direction must-- 8 (a) be in writing; and 9 (b) either-- 10 (i) state-- 11 (A) the action to be taken; and 12 (B) when the direction must be complied with; or 13 (ii) state-- 14 (A) the conduct not to be undertaken; and 15 (B) how long the direction is in force. 16 (4) A commissioner's direction must not state a day or time for 17 compliance that is earlier than the day or time the person is given 18 the commissioner's direction. 19 Note Power to make a statutory instrument includes power to amend or repeal 20 the instrument. The power to amend or repeal the instrument is 21 exercisable in the same way, and subject to the same conditions, as the 22 power to make the instrument. Liquor Bill 2010 page 121 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 9.2 Emergency closure orders Section 144 1 144 Offence--fail to comply with commissioner's direction 2 A person commits an offence if-- 3 (a) a commissioner's direction is in force for the person; and 4 (b) the person fails to take reasonable steps to comply with the 5 direction. 6 Maximum penalty: 100 penalty units, 12 months imprisonment or 7 both. 8 Division 9.2 Emergency closure orders 9 145 Emergency closure of premises for 24 hours 10 (1) A senior police officer may order (an emergency closure order) a 11 licensee, or permit-holder, to close licensed premises, or permitted 12 premises, if the officer believes on reasonable grounds that-- 13 (a) a breach of this Act has happened, or is likely to happen; and 14 (b) the closure of the premises is necessary to prevent or reduce a 15 significant threat or significant risk to the safety of the 16 community. 17 (2) Without limiting subsection (1), the circumstances in which there 18 may be a significant threat or significant risk to the safety of the 19 community include circumstances in which there is-- 20 (a) a threat to public health or safety; or 21 (b) a risk of substantial damage to property; or 22 (c) a significant threat to the environment; or 23 (d) a risk of an offence against a law of the ACT, with a maximum 24 penalty of imprisonment for 2 years or more, being committed 25 at the premises. 26 (3) An emergency closure order must not require the closure of 27 premises for longer than a continuous period of 24 hours. page 122 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Emergency closure orders Division 9.2 Section 146 1 (4) If an emergency closure order is made under subsection (1), a police 2 officer must, in writing, tell the licensee or permit-holder-- 3 (a) the name of the senior police office making the order; and 4 (b) when the order starts; and 5 (c) when the order ends. 6 Note An emergency closure notice for the emergency closure order must be 7 given to the licensee or permit-holder as soon as practicable after the 8 order is made (see s 146 (1)). 9 (5) If an emergency closure order is in force for licensed premises, or 10 permitted premises, the licence, or permit, is suspended for the 11 period of the order. 12 146 Emergency closure notice 13 (1) If a senior police officer makes an emergency closure order for 14 licensed premises or permitted premises the officer must, as soon as 15 practicable, give a notice (an emergency closure notice) to the 16 licensee or permit-holder. 17 (2) An emergency closure notice must-- 18 (a) be in writing; and 19 (b) state-- 20 (i) the date of issue of the notice; and 21 (ii) when the order starts; and 22 (iii) when the order ends; and 23 (iv) the breach of this Act that the senior police officer 24 believes has happened or is likely to happen; and 25 (v) the grounds for the officer's belief; and 26 (c) be signed by the senior police officer. Liquor Bill 2010 page 123 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 9.3 Police cautions for children and young people Section 147 1 (3) The senior police officer must also-- 2 (a) keep a record of the emergency closure notice in the police 3 records; and 4 (b) give a copy of the notice to the commissioner. 5 147 Offence--fail to comply with emergency closure order 6 (1) A person commits an offence if-- 7 (a) the person is-- 8 (i) a licensee; or 9 (ii) a permit-holder; and 10 (b) an emergency closure order is in force for the person; and 11 (c) the person fails to comply with the emergency closure order. 12 Maximum penalty units: 50 penalty units. 13 (2) An offence against this section is a strict liability offence. 14 Division 9.3 Police cautions for children and 15 young people 16 148 Definitions--div 9.3 17 In this division: 18 caution offence means any of the following offences: 19 (a) section 115 (Offence--child or young person consume liquor); 20 (b) section 117 (Offence--child or young person possess liquor); 21 (c) section 121 (Offence--child or young person in adults-only 22 area); 23 (d) section 122 (Offence--child or young person use false 24 identification for adults-only area); page 124 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Police cautions for children and young people Division 9.3 Section 149 1 (e) section 201 (Offence--child or young person buy liquor); 2 (f) section 202 (Offence--child or young person use false 3 identification to buy liquor); 4 (g) section 210 (Offence--child or young person use false 5 identification to obtain proof of age card). 6 CYP chief executive means the chief executive of the administrative 7 unit responsible for the Children and Young People Act 2008. 8 149 Police may caution children and young people 9 (1) A police officer may caution a child or young person for a caution 10 offence if-- 11 (a) the police officer believes on reasonable grounds that the child 12 or young person is committing, or has committed, the offence; 13 and 14 (b) the child or young person has not been cautioned in the 15 preceding 12 months for a caution offence. 16 (2) A caution must-- 17 (a) be in writing; and 18 (b) state-- 19 (i) the date of issue of the caution; and 20 (ii) the caution offence that the police officer believes the 21 child or young person is committing, or has committed; 22 and 23 (iii) the grounds for the police officer's belief; and 24 (c) warn the child or young person that if the child or young 25 person engages in behaviour that constitutes a further caution 26 offence within 12 months after the date of issue of the caution, 27 the child or young person may be prosecuted for the further 28 offence; and Liquor Bill 2010 page 125 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 9.3 Police cautions for children and young people Section 150 1 (d) be signed by the police officer. 2 (3) A police officer who issues a caution must-- 3 (a) keep the caution in the police records; and 4 (b) give a copy of the caution to-- 5 (i) the child or young person; and 6 (ii) a person with parental responsibility for the child or 7 young person; and 8 (iii) if the CYP chief executive has parental responsibility 9 (whether shared or otherwise) for the child or young 10 person--the CYP chief executive; and 11 (iv) the commissioner. 12 Note A copy of the caution must be given to the person as soon as possible 13 (see Legislation Act, s 151B). 14 (4) If a child or young person is cautioned for an offence, the child or 15 young person must not be prosecuted in a court for the offence. 16 150 Police must caution and release child or young person as 17 soon as practicable 18 (1) If a police officer intends to caution a child or young person, the 19 police officer must-- 20 (a) take the child or young person to a police station; and 21 (b) issue the caution within a reasonable time after the child or 22 young person is taken to the station. 23 (2) If a police officer cautions a child or young person, the police 24 officer must as soon as practicable after the caution is issued-- 25 (a) arrange for the child or young person to be escorted by a police 26 officer to the child's or young person's home; or page 126 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Police cautions for children and young people Division 9.3 Section 151 1 (b) arrange for a person with parental responsibility for the child or 2 young person to come to the police station to collect the child 3 or young person; or 4 (c) release the child or young person. 5 (3) If a police officer releases a child or young person under 6 subsection (2) (c), the police officer must tell the CYP chief 7 executive about the release as soon as practicable after the release. 8 151 Chief police officer may revoke cautions 9 (1) The chief police officer may revoke a caution issued to a child or 10 young person if satisfied that the police officer who issued the 11 caution did not act in accordance with section 149 or section 150. 12 (2) If the chief police officer revokes a caution, the chief police officer 13 must-- 14 (a) destroy the caution kept in the police records; and 15 (b) take reasonable steps to tell the child or young person that the 16 caution is revoked; and 17 (c) if the CYP chief executive was given a copy of the caution 18 under section 149 (3) (b)--tell the CYP chief executive that the 19 caution is revoked; and 20 (d) tell the commissioner that the caution is revoked. Liquor Bill 2010 page 127 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 10.1 General Section 152 1 Part 10 Enforcement 2 Division 10.1 General 3 152 Definitions--pt 10 4 In this part: 5 connected--a thing is connected with an offence if-- 6 (a) the offence has been committed in relation to it; or 7 (b) it will provide evidence of the commission of the offence; or 8 (c) it was used, is being used, or is intended to be used, to commit 9 the offence. 10 occupier, of premises, includes-- 11 (a) a person believed on reasonable grounds to be an occupier of 12 the premises; and 13 (b) a person apparently in charge of the premises. 14 offence includes an offence that there are reasonable grounds for 15 believing has been, is being, or will be, committed. 16 warrant means a warrant issued under division 10.3 (Search 17 warrants). 18 Division 10.2 Powers of authorised people 19 153 Power to enter premises 20 (1) For this Act, an authorised person may-- 21 (a) at any reasonable time, enter premises that the public is entitled 22 to use or that are open to the public (whether or not on 23 payment of money); or page 128 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Powers of authorised people Division 10.2 Section 154 1 (b) at any time when the premises is open for business, enter the 2 premises; or 3 (c) at any time, enter premises with the occupier's consent; or 4 (d) enter premises in accordance with a licence or permit 5 condition; or 6 (e) enter premises in accordance with a search warrant; or 7 (f) at any time, enter premises if the authorised person believes on 8 reasonable grounds that the circumstances are so serious and 9 urgent that immediate entry to the premises without the 10 authority of a search warrant is necessary. 11 (2) However, subsection (1) (a) and (b) do not authorise entry into a 12 part of premises that is being used only for residential purposes. 13 (3) An authorised person may, without the consent of the occupier of 14 premises, enter land around the premises to ask for consent to enter 15 the premises. 16 (4) To remove any doubt, an authorised person may enter premises 17 under subsection (1) without payment of an entry fee or other 18 charge. 19 (5) In this section: 20 at any reasonable time includes at any time when the public is 21 entitled to use the premises, or when the premises are open to or 22 used by the public (whether or not on payment of money). 23 154 Production of identity card 24 (1) An investigator must not remain at premises entered under this part 25 if the investigator does not produce his or her identity card when 26 asked by the occupier. 27 (2) A police officer must not remain at premises entered under this part 28 if the officer does not produce evidence that the officer is a police 29 officer when asked by the occupier. Liquor Bill 2010 page 129 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 10.2 Powers of authorised people Section 155 1 155 Consent to entry 2 (1) When seeking the consent of an occupier of premises to enter 3 premises under section 153 (1) (b), an authorised person must-- 4 (a) either-- 5 (i) if the person is an investigator--produce his or her 6 identity card; or 7 (ii) if the person is a police officer--produce evidence that he 8 or she is a police officer; and 9 (b) tell the occupier-- 10 (i) the purpose of the entry; and 11 (ii) that anything found and seized under this part may be 12 used in evidence in court; and 13 (iii) that consent may be refused. 14 (2) If the occupier consents, the authorised person must ask the occupier 15 to sign a written acknowledgment (an acknowledgment of 16 consent)-- 17 (a) that the occupier was told-- 18 (i) the purpose of the entry; and 19 (ii) that anything found and seized under this part may be 20 used in evidence in court; and 21 (iii) that consent may be refused; and 22 (b) that the occupier consented to the entry; and 23 (c) stating the time and date when consent was given. 24 (3) If the occupier signs an acknowledgment of consent, the authorised 25 person must immediately give a copy to the occupier. page 130 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Powers of authorised people Division 10.2 Section 156 1 (4) A court must find that the occupier did not consent to entry to the 2 premises by the authorised person under this part if-- 3 (a) the question arises in a proceeding in the court whether the 4 occupier consented to the entry; and 5 (b) an acknowledgment of consent is not produced in evidence; 6 and 7 (c) it is not proved that the occupier consented to the entry. 8 156 General powers on entry to premises 9 (1) An authorised person who enters premises under this part may, for 10 this Act, do 1 or more of the following in relation to the premises or 11 anything at the premises: 12 (a) inspect or examine; 13 (b) take measurements or conduct tests; 14 (c) take samples; 15 (d) take photographs, films, or audio, video or other recordings; 16 (e) require the occupier, or anyone at the premises, to give the 17 authorised person reasonable help to exercise a power under 18 this part. 19 Note The Legislation Act, s 170 and s 171 deal with the application of the 20 privilege against self incrimination and client legal privilege. 21 (2) A person must take reasonable steps to comply with a requirement 22 made of the person under subsection (1) (e). 23 Maximum penalty: 50 penalty units. Liquor Bill 2010 page 131 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 10.2 Powers of authorised people Section 157 1 157 Power to seize things 2 (1) An authorised person who enters premises under this part with the 3 occupier's consent may seize anything at the premises if-- 4 (a) the authorised person is satisfied on reasonable grounds that 5 the thing is connected with an offence against this Act; and 6 (b) seizure of the thing is consistent with the purpose of the entry 7 told to the occupier when seeking the occupier's consent. 8 (2) An authorised person who enters premises under a warrant under 9 this part may seize anything at the premises that the authorised 10 person is authorised to seize under the warrant. 11 (3) An authorised person who enters premises under this part (whether 12 with the occupier's consent, under a warrant or otherwise) may seize 13 anything at the premises if satisfied on reasonable grounds that-- 14 (a) the thing is connected with an offence against this Act; and 15 (b) the seizure is necessary to prevent the thing from being-- 16 (i) concealed, lost or destroyed; or 17 (ii) used to commit, continue or repeat the offence. 18 (4) Also, an authorised person who enters premises under this part 19 (whether with the consent of a person in charge of the premises, 20 under a warrant or otherwise) may seize anything at the premises if 21 satisfied on reasonable grounds that the thing poses a risk to the 22 health or safety of people or of damage to property or the 23 environment. 24 (5) The powers of an authorised person under subsections (3) and (4) 25 are additional to any powers of the authorised person under 26 subsections (1) or (2) or any other territory law. page 132 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Search warrants Division 10.3 Section 158 1 (6) Having seized a thing, an authorised person may-- 2 (a) remove the thing from the premises where it was seized (the 3 place of seizure) to another place; or 4 (b) leave the thing at the place of seizure but restrict access to it. 5 (7) A person commits an offence if-- 6 (a) the person interferes with a seized thing, or anything 7 containing a seized thing, to which access has been restricted 8 under subsection (6); and 9 (b) the person does not have an authorised person's approval to 10 interfere with the thing. 11 Maximum penalty: 50 penalty units. 12 (8) An offence against this section is a strict liability offence. 13 Note See also s 200 about disposal of liquor seized in public places. 14 Division 10.3 Search warrants 15 158 Warrants generally 16 (1) An authorised person may apply to a magistrate for a warrant to 17 enter premises. 18 (2) The application must be sworn and state the grounds on which the 19 warrant is sought. 20 (3) The magistrate may refuse to consider the application until the 21 authorised person gives the magistrate all the information the 22 magistrate requires about the application in the way the magistrate 23 requires. 24 (4) The magistrate may issue a warrant only if satisfied there are 25 reasonable grounds for suspecting-- 26 (a) there is a particular thing or activity connected with an offence 27 against this Act; and Liquor Bill 2010 page 133 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 10.3 Search warrants Section 159 1 (b) the thing or activity-- 2 (i) is, or is being engaged in, at the premises; or 3 (ii) may be, or may be engaged in, at the premises within the 4 next 7 days. 5 (5) The warrant must state-- 6 (a) that an authorised person may, with any necessary assistance 7 and force, enter the premises and exercise the authorised 8 person's powers under this part; and 9 (b) the offence for which the warrant is issued; and 10 (c) the things that may be seized under the warrant; and 11 (d) the hours when the premises may be entered; and 12 (e) the date, within 7 days after the day of the warrant's issue, the 13 warrant ends. 14 159 Warrants--application made other than in person 15 (1) An authorised person may apply for a warrant by phone, fax, email, 16 radio or other form of communication if the authorised person 17 considers it necessary because of-- 18 (a) urgent circumstances; or 19 (b) other special circumstances. 20 (2) Before applying for the warrant, the authorised person must prepare 21 an application stating the grounds on which the warrant is sought. 22 (3) The authorised person may apply for the warrant before the 23 application is sworn. 24 (4) After issuing the warrant, the magistrate must immediately fax a 25 copy to the authorised person if it is practicable to do so. page 134 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Search warrants Division 10.3 Section 159 1 (5) If it is not practicable to fax a copy to the authorised person-- 2 (a) the magistrate must tell the authorised person-- 3 (i) the terms of the warrant; and 4 (ii) the date and time the warrant was issued; and 5 (b) the authorised person must complete a form of warrant (the 6 warrant form) and write on it-- 7 (i) the magistrate's name; and 8 (ii) the date and time the magistrate issued the warrant; and 9 (iii) the warrant's terms. 10 (6) The faxed copy of the warrant, or the warrant form properly 11 completed by the authorised person, authorises the entry and the 12 exercise of the authorised person's powers under this part. 13 (7) The authorised person must, at the first reasonable opportunity, send 14 to the magistrate-- 15 (a) the sworn application; and 16 (b) if the authorised person completed a warrant form--the 17 completed warrant form. 18 (8) On receiving the documents, the magistrate must attach them to the 19 warrant. 20 (9) A court must find that a power exercised by the authorised person 21 was not authorised by a warrant under this section if-- 22 (a) the question arises in a proceeding in the court whether the 23 exercise of power was authorised by a warrant; and 24 (b) the warrant is not produced in evidence; and 25 (c) it is not proved that the exercise of power was authorised by a 26 warrant under this section. Liquor Bill 2010 page 135 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 10.3 Search warrants Section 160 1 160 Search warrants--announcement before entry 2 (1) An authorised person must, before anyone enters premises under a 3 search warrant-- 4 (a) announce that the authorised person is authorised to enter the 5 premises; and 6 (b) give anyone at the premises an opportunity to allow entry to 7 the premises; and 8 (c) if the occupier of the premises, or someone else who 9 apparently represents the occupier, is present at the premises-- 10 identify himself or herself to the person. 11 (2) The authorised person is not required to comply with subsection (1) 12 if the authorised person believes on reasonable grounds that 13 immediate entry to the premises is required to ensure-- 14 (a) the safety of anyone (including the authorised person or any 15 person assisting); or 16 (b) that the effective execution of the warrant is not frustrated. 17 161 Details of search warrant to be given to occupier etc 18 If the occupier of premises, or someone else who apparently 19 represents the occupier, is present at the premises while a search 20 warrant is being executed, the authorised person or a person 21 assisting must make available to the person-- 22 (a) a copy of the warrant; and 23 (b) a document setting out the rights and obligations of the person. 24 162 Occupier entitled to be present during search etc 25 (1) If the occupier of premises, or someone else who apparently 26 represents the occupier, is present at the premises while a search 27 warrant is being executed, the person is entitled to observe the 28 search being conducted. page 136 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Return and forfeiture of things seized Division 10.4 Section 163 1 (2) However, the person is not entitled to observe the search if-- 2 (a) to do so would impede the search; or 3 (b) the person is under arrest, and allowing the person to observe 4 the search being conducted would interfere with the objectives 5 of the search. 6 (3) This section does not prevent 2 or more areas of the premises being 7 searched at the same time. 8 Division 10.4 Return and forfeiture of things seized 9 163 Receipt for things seized 10 (1) As soon as practicable after an authorised person seizes a thing 11 under this part, the authorised person must give a receipt for it to the 12 person from whom it was seized. 13 (2) If, for any reason, it is not practicable to comply with subsection (1), 14 the authorised person must leave the receipt, secured conspicuously, 15 at the place of seizure under section 157 (Power to seize things). 16 (3) A receipt under this section must include the following: 17 (a) a description of the thing seized; 18 (b) an explanation of why the thing was seized; 19 (c) the authorised person's name, and how to contact the 20 authorised person; 21 (d) if the thing is moved from the premises where it is seized-- 22 where the thing is to be taken. 23 Note If a form is approved under s 222 for this provision, the form must be 24 used. Liquor Bill 2010 page 137 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 10.4 Return and forfeiture of things seized Section 164 1 164 Moving things to another place for examination or 2 processing under search warrant 3 (1) A thing found at premises entered under a search warrant may be 4 moved to another place for examination or processing to decide 5 whether it may be seized under the warrant if-- 6 (a) both of the following apply: 7 (i) there are reasonable grounds for believing that the thing is 8 or contains something to which the warrant relates; 9 (ii) it is significantly more practicable to do so having regard 10 to the timeliness and cost of examining or processing the 11 thing at another place and the availability of expert 12 assistance; or 13 (b) the occupier of the premises agrees in writing. 14 (2) The thing may be moved to another place for examination or 15 processing for not longer than 72 hours. 16 (3) An authorised person may apply to a magistrate for an extension of 17 time if the authorised person believes on reasonable grounds that the 18 thing cannot be examined or processed within 72 hours. 19 (4) The authorised person must give notice of the application to the 20 occupier of the premises, and the occupier is entitled to be heard on 21 the application. 22 (5) If a thing is moved to another place under this section, the 23 authorised person must, if practicable-- 24 (a) tell the occupier of the premises the address of the place where, 25 and time when, the examination or processing will be carried 26 out; and 27 (b) allow the occupier or the occupier's representative to be 28 present during the examination or processing. page 138 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Return and forfeiture of things seized Division 10.4 Section 165 1 (6) The provisions of this part relating to the issue of search warrants 2 apply, with any necessary changes, to the giving of an extension 3 under this section. 4 165 Access to things seized 5 A person who would, apart from the seizure, be entitled to inspect a 6 thing seized under this part may-- 7 (a) inspect it; and 8 (b) if it is a document--take extracts from it or make copies of it. 9 166 Return of things seized 10 (1) A thing seized under this part must be returned to its owner, or 11 reasonable compensation must be paid to the owner by the Territory 12 for the loss of the thing, unless-- 13 (a) a prosecution for an offence against a territory law in 14 connection with the thing is begun within 1 year after the day 15 the seizure is made and the thing is required to be produced in 16 evidence in the prosecution; or 17 (b) an application for the forfeiture of the seized thing is made to a 18 court under the Confiscation of Criminal Assets Act 2003 or 19 another territory law within 1 year after the day the seizure is 20 made; or 21 (c) all proceedings in relation to the offence with which the seizure 22 was connected have ended and the court has not made an order 23 about the thing. 24 (2) However, this section does not apply to a thing-- 25 (a) if the chief executive believes on reasonable grounds that the 26 only practical use of the thing in relation to the premises where 27 it was seized would be an offence against this Act; or 28 (b) if possession of it by its owner would be an offence. Liquor Bill 2010 page 139 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 10.4 Return and forfeiture of things seized Section 167 1 167 Forfeiture of seized things 2 (1) This section applies if-- 3 (a) anything seized under this part has not been returned under 4 section 166; and 5 (b) an application for disallowance of the seizure under 6 section 169-- 7 (i) has not been made within 10 days after the day of the 8 seizure; or 9 (ii) has been made within the 10-day period, but the 10 application has been refused or withdrawn before a 11 decision in relation to the application had been made. 12 (2) If this section applies to the seized thing-- 13 (a) it is forfeited to the Territory; and 14 (b) it may be sold, destroyed or otherwise disposed of as the chief 15 executive directs. 16 168 Power to destroy unsafe things 17 (1) This section applies to anything inspected or seized under this part 18 by an authorised person if the authorised person is satisfied on 19 reasonable grounds that the thing poses a risk to the health or safety 20 of people or of damage to property or the environment. 21 (2) The authorised person may direct a person in charge of the premises 22 where the thing is to destroy or otherwise dispose of the thing. 23 (3) The direction may state 1 or more of the following: 24 (a) how the thing must be destroyed or otherwise disposed of; 25 (b) how the thing must be kept until it is destroyed or otherwise 26 disposed of; page 140 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Return and forfeiture of things seized Division 10.4 Section 169 1 (c) the period within which the thing must be destroyed or 2 otherwise disposed of. 3 (4) A person in charge of the premises where the thing is commits an 4 offence if the person contravenes a direction given to the person 5 under subsection (2). 6 Maximum penalty: 100 penalty units. 7 (5) Alternatively, if the thing has been seized under this part, the 8 authorised person may destroy or otherwise dispose of the thing. 9 (6) Costs incurred by the Territory in relation to the disposal of a thing 10 under subsection (5) are a debt owing to the Territory by, and are 11 recoverable together and separately from, the following people: 12 (a) the person who owned the thing; 13 (b) each person in control of the premises where the thing was. 14 (7) An offence against this section is a strict liability offence. 15 169 Application for order disallowing seizure 16 (1) A person claiming to be entitled to anything seized under this part 17 may apply to the Magistrates Court within 10 days after the day of 18 the seizure for an order disallowing the seizure. 19 (2) The application may be heard only if the applicant has served a copy 20 of the application on the chief executive. 21 (3) The chief executive is entitled to appear as respondent at the hearing 22 of the application. 23 170 Order for return of seized thing 24 (1) This section applies if a person claiming to be entitled to anything 25 seized under this part applies to the Magistrates Court under 26 section 169 for an order disallowing the seizure. Liquor Bill 2010 page 141 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 10.5 Enforcement--miscellaneous Section 171 1 (2) The Magistrates Court must make an order disallowing the seizure if 2 satisfied that-- 3 (a) the applicant would, apart from the seizure, be entitled to the 4 return of the seized thing; and 5 (b) the thing is not connected with an offence against this Act; and 6 (c) possession of the thing by the person would not be an offence. 7 (3) The Magistrates Court may also make an order disallowing the 8 seizure if satisfied there are exceptional circumstances justifying the 9 making of the order. 10 (4) If the Magistrates Court makes an order disallowing the seizure, the 11 court may make 1 or more of the following ancillary orders: 12 (a) an order directing the chief executive to return the thing to the 13 applicant or to someone else who appears to be entitled to it; 14 (b) if the thing cannot be returned or has depreciated in value 15 because of the seizure--an order directing the Territory to pay 16 reasonable compensation; 17 (c) an order about the payment of costs in relation to the 18 application. 19 Division 10.5 Enforcement--miscellaneous 20 171 Damage etc to be minimised 21 (1) In the exercise, or purported exercise, of a function under this part, 22 an authorised person must take all reasonable steps to ensure that the 23 person causes as little inconvenience, detriment and damage as 24 practicable. 25 (2) If an authorised person damages anything in the exercise or 26 purported exercise of a function under this part, the authorised 27 person must give written notice of the particulars of the damage to page 142 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Enforcement--miscellaneous Division 10.5 Section 172 1 the person the authorised person believes on reasonable grounds is 2 the owner of the thing. 3 (3) The notice must state that-- 4 (a) the person may claim compensation from the Territory if the 5 person suffers loss or expense because of the damage; and 6 (b) compensation may be claimed and ordered in a proceeding for 7 compensation brought in a court of competent jurisdiction; and 8 (c) the court may order the payment of reasonable compensation 9 for the loss or expense only if satisfied it is just to make the 10 order in the circumstances of the particular case. 11 (4) If the damage happens at premises entered under this part in the 12 absence of the occupier, the notice may be given by leaving it, 13 secured conspicuously, at the premises. 14 172 Compensation for exercise of enforcement powers 15 (1) A person may claim compensation from the Territory if the person 16 suffers loss or expense because of the exercise, or purported 17 exercise, of a function under this part by an authorised person. 18 (2) Compensation may be claimed and ordered in a proceeding for-- 19 (a) compensation brought in a court of competent jurisdiction; or 20 (b) an offence against this Act brought against the person making 21 the claim for compensation. 22 (3) A court may order the payment of reasonable compensation for the 23 loss or expense only if satisfied it is just to make the order in the 24 circumstances of the particular case. 25 (4) A regulation may prescribe matters that may, must or must not be 26 taken into account by the court in considering whether it is just to 27 make the order. Liquor Bill 2010 page 143 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 11.1 General Section 173 1 Part 11 Complaints and occupational 2 discipline 3 Division 11.1 General 4 173 Who is a licensee?--pt 11 5 In this part: 6 licensee-- 7 (a) means a licensee or former licensee; and 8 (b) includes an influential person for a corporation that is a 9 licensee or former licensee. 10 174 Who is a commercial permit-holder?--pt 11 11 In this part: 12 commercial permit-holder-- 13 (a) means a commercial permit-holder or former commercial 14 permit-holder; and 15 (b) includes an influential person for a corporation that is a 16 commercial permit-holder or former commercial 17 permit-holder. page 144 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Complaints Division 11.2 Section 175 1 Division 11.2 Complaints 2 175 Who may complain? 3 A person who believes on reasonable grounds that a ground for 4 occupational discipline exists in relation to a licensee or commercial 5 permit-holder may complain to the commissioner. 6 Examples--people who may complain 7 1 a member of the public 8 2 a user of a service 9 Note 1 Ground for occupational discipline, for a licensee--see s 182. 10 Ground for occupational discipline, for a commercial permit-holder-- 11 see s 183. 12 Note 2 An example is part of the Act, is not exhaustive and may extend, but 13 does not limit, the meaning of the provision in which it appears (see 14 Legislation Act, s 126 and s 132). 15 176 Form of complaint 16 (1) A complaint must-- 17 (a) be in writing; and 18 (b) be signed by the person (the complainant) making the 19 complaint; and 20 (c) include the complainant's name and address. 21 (2) However, the commissioner may accept a complaint for 22 consideration even if it does not comply with subsection (1). 23 (3) If the commissioner accepts for consideration a complaint that is not 24 in writing, the commissioner must require the complainant to put the 25 complaint in writing unless there is a good reason for not doing so. Liquor Bill 2010 page 145 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 11.2 Complaints Section 177 1 177 Withdrawal of complaints 2 (1) A complainant may withdraw the complaint at any time by written 3 notice to the commissioner. 4 (2) If the complainant withdraws the complaint, the commissioner-- 5 (a) need not take further action on the complaint; and 6 (b) may take further action on the complaint if the commissioner 7 considers it appropriate to do so; and 8 (c) need not report to the complainant under section 181 (Action 9 after investigating complaint) on the results of taking the 10 action. 11 178 Further information about complaint etc 12 (1) The commissioner may, at any time, require a complainant-- 13 (a) to give the commissioner further information about the 14 complaint; or 15 (b) to verify all or part of the complaint by statutory declaration. 16 (2) When making a requirement under this section, the commissioner 17 must give the complainant a reasonable period of time to satisfy the 18 requirement and may extend that period, whether before or after it 19 ends. 20 (3) If the complainant does not comply with a requirement under 21 subsection (1), the commissioner need not, but may, take further 22 action in relation to the complaint. page 146 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Complaints Division 11.2 Section 179 1 179 Investigation of complaint 2 The commissioner must take reasonable steps to investigate each 3 complaint the commissioner accepts for consideration. 4 180 No further action on complaint 5 The commissioner must not take further action on a complaint if 6 satisfied that the complaint-- 7 (a) lacks substance; or 8 (b) is frivolous, vexatious or was not made genuinely; or 9 (c) has been adequately dealt with. 10 Note The commissioner may also take no further action on a complaint if the 11 complainant has not complied with a requirement made under s 178 (see 12 s 178 (3)). 13 181 Action after investigating complaint 14 (1) After investigating a complaint against a licensee or commercial 15 permit-holder, the commissioner must-- 16 (a) if satisfied on reasonable grounds that a ground for 17 occupational discipline exists in relation to the complaint-- 18 (i) apply to the ACAT for an occupational discipline order in 19 relation to the licensee or commercial permit-holder; and 20 (ii) tell the complainant, in writing, that the application has 21 been made; or 22 (b) if not satisfied that a ground for occupational discipline exists 23 in relation to the complaint-- 24 (i) tell the complainant, in writing, that the commissioner 25 will not take further action on the complaint; and 26 (ii) not take further action on the complaint. Liquor Bill 2010 page 147 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 11.3 Occupational discipline Section 182 1 (2) Subsection (1) (b) (ii) does not prevent the commissioner from 2 taking further action in relation to a complaint if the commissioner 3 becomes satisfied that a ground for occupational discipline exists in 4 relation to the complaint. 5 Note The commissioner need not notify the complainant under s (1) if the 6 complainant has withdrawn the complaint (see s 177). 7 Division 11.3 Occupational discipline 8 182 Grounds for occupational discipline--licensee 9 (1) Each of the following is a ground for occupational discipline in 10 relation to a licensee: 11 (a) the licensee has contravened, or is contravening, a provision of 12 this Act; 13 Note A reference to an Act includes a reference to the statutory 14 instruments made or in force under the Act, including any 15 regulation (see Legislation Act, s 104). 16 (b) the licensed premises do not comply with the requirements of 17 this Act; 18 (c) the licensee is not a suitable person to hold a licence; 19 Note For what ACAT must consider in deciding suitability--see s 184. 20 (d) the licensed premises are not suitable premises for the licence; 21 Note For what ACAT must consider in deciding suitability--see s 185. 22 (e) the commissioner has made a commissioner's direction for the 23 licensee and the licensee has not complied with the direction; 24 Note Commissioner's direction--see s 143. 25 (f) a senior police officer has made an emergency closure order 26 for the licensee and the licensee has not complied with the 27 order; 28 Note Emergency closure order--see s 145. page 148 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Occupational discipline Division 11.3 Section 183 1 (g) the licensee has allowed the licensed premises to be used in a 2 way that causes undue disturbance or inconvenience to 3 people-- 4 (i) lawfully at the premises; or 5 (ii) occupying premises in the neighbourhood; 6 (h) a loss of amenity has arisen in the vicinity of the licensed 7 premises that is attributable to the premises and about which 8 there has been a complaint; 9 (i) a licensee has allowed people to smoke in a part of the licensed 10 premises that is an enclosed public place; 11 (j) the licensee has failed to take reasonable steps to prevent 12 smoke from another area occupied by the licensee entering an 13 enclosed public place. 14 (2) There are grounds to suspend a licence if-- 15 (a) the licensee has-- 16 (i) contravened a commissioner's direction; or 17 (ii) breached a condition of the licence; and 18 (b) it is in the public interest to suspend the licence; and 19 (c) it is not appropriate to cancel the licence. 20 183 Grounds for occupational discipline--commercial 21 permit-holder 22 (1) Each of the following is a ground for occupational discipline in 23 relation to a commercial permit-holder: 24 (a) the permit-holder has contravened, or is contravening, a 25 provision of this Act; 26 Note A reference to an Act includes a reference to the statutory 27 instruments made or in force under the Act, including any 28 regulation (see Legislation Act, s 104). Liquor Bill 2010 page 149 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 11.3 Occupational discipline Section 183 1 (b) the permitted premises do not comply with the requirements of 2 this Act; 3 (c) the permit-holder is not a suitable person to hold a permit; 4 Note For what ACAT must consider in deciding suitability--see s 184. 5 (d) the permitted premises are not suitable premises for the permit; 6 Note For what ACAT must consider in deciding suitability--see s 185. 7 (e) the commissioner has made a commissioner's direction for the 8 permit-holder and the permit-holder has not complied with the 9 direction; 10 Note Commissioner's direction--see s 143. 11 (f) a senior police officer has made an emergency closure order 12 for the permit-holder and the permit-holder has not complied 13 with the order; 14 Note Emergency closure order--see s 145. 15 (g) the permit-holder has allowed the permitted premises to be 16 used in a way that causes undue disturbance or inconvenience 17 to people-- 18 (i) lawfully at the premises; or 19 (ii) occupying premises in the neighbourhood; 20 (h) a loss of amenity has arisen in the vicinity of the permitted 21 premises that is attributable to the premises and about which 22 there has been a complaint; 23 (i) a permit-holder has allowed people to smoke in a part of the 24 permitted premises that is an enclosed public place; 25 (j) the permit-holder has failed to take reasonable steps to prevent 26 smoke from another area occupied by the permit-holder 27 entering an enclosed public place. page 150 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Occupational discipline Division 11.3 Section 184 1 (2) There are grounds to suspend a commercial permit if-- 2 (a) the permit-holder has-- 3 (i) contravened a commissioner's direction; or 4 (ii) breached a condition of the permit; and 5 (b) it is in the public interest to suspend the permit; and 6 (c) it is not appropriate to cancel the permit. 7 184 ACAT must consider suitability information, etc about 8 licensee or commercial-permit holder 9 In deciding whether a licensee or commercial permit-holder is a 10 suitable person to hold a licence or commercial permit, the ACAT 11 must consider the following: 12 (a) suitability information about the licensee or permit-holder; 13 Note Suitability information, about a person--see s 69. 14 (b) any police certificate or other information about the person 15 given to the commissioner under-- 16 (i) section 25 (Licence--application); or 17 (ii) section 40 (Licence--application to transfer licence); or 18 (iii) section 71 (Commissioner may require police certificate 19 etc for person); 20 (c) any public consultation representation about the person 21 received by the commissioner under section 35 (Licence-- 22 representations); 23 (d) any information or documents given to the commissioner 24 under-- 25 (i) section 91 (4) (Risk-assessment management plan-- 26 amendment on application); or Liquor Bill 2010 page 151 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 11.3 Occupational discipline Section 185 1 (ii) section 95 (3) (Young people's event approval-- 2 application). 3 185 ACAT must consider suitability information, etc about 4 premises 5 In deciding whether premises are suitable premises for a licence or 6 permit, the ACAT must consider the following: 7 (a) suitability information about the premises; 8 (b) any certificate, plan or other information about the premises 9 given to the commissioner under-- 10 (i) section 25 (Licence--application); or 11 (ii) section 39 (Licence--amendment for change to floor plan 12 of licensed premises); or 13 (iii) section 50 (Permit--application); or 14 (iv) section 79 (Commissioner may require certificate, plan, 15 etc for premises); 16 (c) any public consultation representation about the premises 17 received by the commissioner under section 35 (Licence-- 18 representations); 19 (d) any information or documents given to the commissioner 20 under-- 21 (i) section 91 (4) (Risk-assessment management plan-- 22 amendment on application); or 23 (ii) section 95 (3) (Young people's event approval-- 24 application); 25 (e) results of any inspection of the premises by the commissioner 26 under-- 27 (i) section 80 (Commissioner may require inspection of 28 premises); or page 152 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Occupational discipline Division 11.3 Section 186 1 (ii) section 91 (4) (Risk-assessment management plan-- 2 amendment on application); or 3 (iii) section 95 (3) (Young people's event approval-- 4 application). 5 186 Application to ACAT for occupational discipline 6 If the commissioner believes on reasonable grounds that a ground 7 for occupational discipline exists in relation to a licensee or 8 commercial permit-holder, the commissioner may apply to the 9 ACAT for an occupational discipline order in relation to the licensee 10 or permit-holder. 11 Note The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out 12 occupational discipline orders the ACAT may make. Liquor Bill 2010 page 153 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 12.1 Approval to provide RSA training courses Section 187 1 Part 12 Responsible service of alcohol 2 (RSA) training courses 3 Division 12.1 Approval to provide RSA training 4 courses 5 187 Definitions--div 12.1 6 In this division: 7 approved RSA training course, for an approved RSA training 8 provider, means a training course for which the RSA training 9 provider holds an RSA training course approval under section 189. 10 approved RSA training provider means a registered training 11 organisation that holds an RSA training course approval under 12 section 189. 13 registered training organisation--see the Training and Tertiary 14 Education Act 2003, dictionary. 15 188 RSA training course approval--application 16 (1) A registered training organisation may apply to the commissioner 17 for approval (an RSA training course approval) to provide a stated 18 training course about the responsible service of alcohol. 19 Note 1 If a form is approved under s 222 for this provision, the form must be 20 used. 21 Note 2 A fee may be determined under s 221 for this provision. page 154 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Approval to provide RSA training courses Division 12.1 Section 189 1 (2) The commissioner may, in writing, require the applicant to give the 2 commissioner additional information or documents that the 3 commissioner reasonably needs to decide the application. 4 Example--information or documents 5 information about the proposed training course 6 Note An example is part of the Act, is not exhaustive and may extend, but 7 does not limit, the meaning of the provision in which it appears (see 8 Legislation Act, s 126 and s 132). 9 189 RSA training course approval--decision on application 10 (1) This section applies if the commissioner receives an application for 11 approval under section 188. 12 (2) The commissioner may issue the approval to the applicant only if 13 satisfied that it is in the public interest to issue the approval. 14 (3) The commissioner must, not later than the required time-- 15 (a) decide the application for approval; and 16 (b) tell the licensee about the decision on the application. 17 (4) In this section: 18 required time means the latest of the following: 19 (a) if the commissioner requires the applicant to give the 20 commissioner additional information or documents under 21 section 188--90 days after the day the commissioner receives 22 the additional information or documents; 23 (b) 90 days after the day the commissioner receives the 24 application. 25 Note Failure to issue an approval within a reasonable period is taken to be a 26 decision not to grant the approval (see ACT Civil and Administrative 27 Tribunal Act 2008, s 12). Liquor Bill 2010 page 155 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 12.2 RSA training course certificates Section 190 1 190 RSA training course approval--form 2 An RSA training course approval must-- 3 (a) be in writing; and 4 (b) state the name of the registered training organisation to which 5 it is issued; and 6 (c) identify the training course to which it applies; and 7 (d) if the approval is conditional--state the conditions to which the 8 approval is subject; and 9 (e) state when the approval was issued; and 10 (f) state when the approval expires; and 11 (g) include anything prescribed by regulation. 12 191 RSA training course approval--term 13 An RSA training course approval, unless renewed or cancelled, 14 remains in force until the end of 30 June after the day it is issued. 15 Division 12.2 RSA training course certificates 16 192 What is an RSA certificate? 17 In this Act: 18 RSA certificate, for a person, means a certificate by an approved 19 RSA training course provider for an approved RSA training 20 course-- 21 (a) certifying that the person satisfactorily completed the course on 22 a stated day; and 23 (b) stating when the certificate expires. 24 Note The certificate expires 3 years after the day on which the person 25 satisfactorily completed the course--see s 193. page 156 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] RSA training course certificates Division 12.2 Section 193 1 193 RSA training course providers must give RSA certificates 2 (1) If an approved RSA training course provider is satisfied that a 3 person has satisfactorily completed an approved RSA training 4 course provided by the provider, the provider must give the person 5 an RSA certificate for the course. 6 (2) An RSA certificate expires 3 years after the day the person 7 satisfactorily completes the course. Liquor Bill 2010 page 157 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 194 1 Part 13 Licence and permit register 2 194 Licence and permit register 3 (1) The commissioner must keep a register of licences and permits (the 4 licence and permit register). 5 (2) The register may include licence and permit information given to 6 the commissioner under this Act. 7 (3) The register may be kept in any form, including electronically, that 8 the commissioner decides. 9 (4) The register may be kept in 1 or more parts, as the commissioner 10 considers appropriate. 11 (5) The commissioner must make information in the register available 12 for public inspection. 13 Example 14 the register may be available on a website 15 Note An example is part of the Act, is not exhaustive and may extend, but 16 does not limit, the meaning of the provision in which it appears (see 17 Legislation Act, s 126 and s 132). 18 (6) This section is subject to section 195. 19 195 Exception to public inspection 20 (1) This section applies to an occupational discipline order in relation to 21 a licensee or permit-holder if a record of that order is made in the 22 licence and permit register. 23 Note An occupational discipline order is a decision of the ACAT that may be 24 appealed under the ACT Civil and Administrative Tribunal Act 2008, 25 pt 8. page 158 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 196 1 (2) A matter included in the register in relation to the occupational 2 discipline order may be open for public inspection under section 194 3 only if-- 4 (a) the time for any appeal of the decision has ended and no 5 application for appeal has been made; or 6 (b) an application for appeal has been made, the decision has been 7 confirmed on appeal and the time for further appeal has ended. 8 (3) If the decision has been reversed or set aside, a matter included in 9 the register in relation to the decision must not be open for public 10 inspection. 11 (4) If the decision has been changed (for example, by substitution), this 12 section applies to a matter included in the register in relation to the 13 decision as changed. 14 Note An example is part of the Act, is not exhaustive and may extend, but 15 does not limit, the meaning of the provision in which it appears (see 16 Legislation Act, s 126 and s 132). 17 196 Correction and keeping up-to-date register 18 (1) The commissioner may correct a mistake, error or omission in the 19 licence and permit register. 20 (2) The commissioner may change a detail included in the register to 21 keep the register up-to-date. Liquor Bill 2010 page 159 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 14.1 Alcohol-free public places Section 197 1 Part 14 Other liquor matters 2 Division 14.1 Alcohol-free public places 3 197 Alcohol-free places 4 (1) A regulation may prescribe a place to be a place where liquor and 5 low-alcohol liquor must not be consumed (a permanent 6 alcohol-free place). 7 (2) The commissioner may declare a public place to be a place where 8 liquor and low-alcohol liquor must not be consumed for a stated 9 period not longer than 1 month (a temporary alcohol-free place). 10 (3) A declaration is a notifiable instrument. 11 Note A notifiable instrument must be notified under the Legislation Act. 12 198 Offence--consume liquor at certain public places 13 (1) A person commits an offence if-- 14 (a) the person consumes liquor or low-alcohol liquor; and 15 (b) the liquor or low-alcohol liquor is consumed at-- 16 (i) a bus interchange; or 17 (ii) a bus station; or 18 (iii) a place that is within 50m from-- 19 (A) a bus interchange; or 20 (B) a bus station; or 21 (C) a shop; or 22 (D) licensed premises or permitted premises; or 23 (iv) a permanent alcohol-free place; or page 160 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Alcohol-free public places Division 14.1 Section 198 1 (v) a temporary alcohol-free place. 2 Maximum penalty: 5 penalty units. 3 (2) An offence against this section is a strict liability offence. 4 (3) This section does not apply to the consumption of liquor or 5 low-alcohol liquor-- 6 (a) at licensed premises or permitted premises; or 7 (b) at premises where food is sold for consumption at the 8 premises; or 9 (c) at a place that is within 50m from premises mentioned in 10 paragraph (a) or (b) by a person using furniture or other 11 facilities provided by the proprietor or lessee of the premises. 12 Note The defendant has an evidential burden in relation to the matters 13 mentioned in s (3) (see Criminal Code, s 58). 14 (4) In a prosecution for an offence against this section, a substance is 15 presumed to be liquor if-- 16 (a) the substance is in a container; and 17 (b) a label or other mark on the container describes the contents as 18 liquor. 19 Examples--label or mark that describes container contents as liquor 20 1 `2.6% Alc/Vol' printed on a can 21 2 `14% Alc/Vol' printed on the label of a bottle 22 Note 1 A person rebutting the presumption in s (4) bears an evidential 23 burden in relation to the rebuttal (see Criminal Code, s 58). 24 Note 2 An example is part of the Act, is not exhaustive and may extend, 25 but does not limit, the meaning of the provision in which it 26 appears (see Legislation Act, s 126 and s 132). Liquor Bill 2010 page 161 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 14.1 Alcohol-free public places Section 199 1 199 Offence--possess open container of liquor at certain 2 public places 3 (1) A person commits an offence if-- 4 (a) the person possesses an open container of liquor or low-alcohol 5 liquor; and 6 (b) the liquor or low-alcohol liquor is possessed at-- 7 (i) a bus interchange; or 8 (ii) a bus station; or 9 (iii) a place that is within 50m from-- 10 (A) a bus interchange; or 11 (B) a bus station; or 12 (C) a shop; or 13 (D) licensed premises or permitted premises; or 14 (iv) a permanent alcohol-free place; or 15 (v) a temporary alcohol-free place; and 16 (c) the person intends to consume the liquor or low-alcohol liquor 17 at the place. 18 Maximum penalty: 5 penalty units. 19 (2) This section does not apply to the possession of liquor or 20 low-alcohol liquor-- 21 (a) at licensed premises or permitted premises; or 22 (b) at premises where food is sold for consumption at the 23 premises; or page 162 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Alcohol-free public places Division 14.1 Section 200 1 (c) at a place that is within 50m from premises mentioned in 2 paragraph (a) or (b) by a person using furniture or other 3 facilities provided by the proprietor or lessee of the premises. 4 Note The defendant has an evidential burden in relation to the matters 5 mentioned in s (2) (see Criminal Code, s 58). 6 (3) In a prosecution for an offence against this section, a substance is 7 presumed to be liquor if-- 8 (a) the substance is in a container; and 9 (b) a label or other mark on the container describes the contents as 10 liquor. 11 Examples--label or mark that describes container contents as liquor 12 1 `2.6% Alc/Vol' printed on a can 13 2 `14% Alc/Vol' printed on the label of a bottle 14 Note 1 A person rebutting the presumption in s (3) bears an evidential 15 burden in relation to the rebuttal (see Criminal Code, s 58). 16 Note 2 An example is part of the Act, is not exhaustive and may extend, 17 but does not limit, the meaning of the provision in which it 18 appears (see Legislation Act, s 126 and s 132). 19 (4) In this section: 20 open, for a container, includes-- 21 (a) a container with the manufacturer's seal broken; and 22 (b) a container where the contents are accessible. 23 200 Seizure of liquor in public places 24 (1) This section applies if an authorised person suspects on reasonable 25 grounds that-- 26 (a) a person (the possessor) is in possession of liquor or 27 low-alcohol liquor; and 28 (b) the liquor or low-alcohol liquor is connected with the 29 commission of an offence against section 198 or section 199. Liquor Bill 2010 page 163 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 14.2 Children and young people Section 201 1 (2) The authorised person may seize the liquor or low-alcohol liquor 2 from the possessor if the authorised person has told the possessor-- 3 (a) that the authorised person suspects the liquor or low-alcohol 4 liquor is connected with the commission of an offence against 5 section 198 or section 199; and 6 (b) the grounds for the suspicion. 7 (3) If an authorised person seizes liquor or low-alcohol liquor under 8 subsection (2), the authorised person may dispose of the liquor or 9 low-alcohol liquor. 10 (4) However, the authorised person must not dispose of the liquor or 11 low-alcohol liquor under subsection (3) if the possessor indicates in 12 any way that the possessor believes the authorised person's grounds 13 for the suspicion are incorrect. 14 (5) If an authorised person disposes of liquor or low-alcohol liquor 15 under subsection (3)-- 16 (a) the possessor must not be prosecuted for an offence in relation 17 to the liquor or low-alcohol liquor; and 18 (b) a caution must not be issued to the possessor in relation to any 19 act done in relation to the liquor or low-alcohol liquor. 20 Division 14.2 Children and young people 21 201 Offence--child or young person buy liquor 22 A person commits an offence if the person-- 23 (a) is a child or young person; and 24 (b) buys liquor or low-alcohol liquor. 25 Maximum penalty: 5 penalty units. 26 Note A police officer may caution a child or young person in relation to this 27 offence (see s 149). page 164 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Children and young people Division 14.2 Section 202 1 202 Offence--child or young person use false identification to 2 buy liquor 3 (1) A person commits an offence if the person-- 4 (a) is a child or young person; and 5 (b) uses a false identification document to buy liquor or 6 low-alcohol liquor. 7 Maximum penalty: 5 penalty units. 8 Note A police officer may caution a child or young person in relation to this 9 offence (see s 149). 10 (2) An offence against this section is a strict liability offence. 11 203 Offence--supply liquor to child or young person at public 12 place 13 (1) A person commits an offence if-- 14 (a) the person supplies liquor or low-alcohol liquor to another 15 person; and 16 (b) the other person is a child or young person; and 17 (c) the supply happens in a public place. 18 Maximum penalty: 20 penalty units. 19 (2) This section does not apply in relation to a young person if the 20 young person-- 21 (a) was at least 16 years old at the time of the offence; and 22 (b) had, before the time of the offence, shown the defendant an 23 identification document identifying the young person as an 24 adult. 25 Note The defendant has an evidential burden in relation to the matters 26 mentioned in s (2) (see Criminal Code, s 58). Liquor Bill 2010 page 165 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 14.2 Children and young people Section 204 1 204 Offence--child or young person consume liquor in public 2 place 3 A person commits an offence if-- 4 (a) the person is a child or young person; and 5 (b) the person consumes liquor or low-alcohol liquor in a public 6 place. 7 Maximum penalty: 5 penalty units. 8 205 Offence--child or young person possess liquor in public 9 place 10 (1) A person commits an offence if-- 11 (a) the person is a child or young person; and 12 (b) the person possesses liquor or low-alcohol liquor at a public 13 place. 14 Maximum penalty: 5 penalty units. 15 (2) This section does not apply to a young person if the young person 16 possesses the liquor or low-alcohol liquor in the course of-- 17 (a) the young person's employment at licensed premises or 18 permitted premises; or 19 (b) a training program conducted by a declared training provider. 20 Note The defendant has an evidential burden in relation to the matters 21 mentioned in s (2) (see Criminal Code, s 58). page 166 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Children and young people Division 14.2 Section 206 1 206 Police officer may ask for identification document 2 (1) A police officer may ask a person show the officer an identification 3 document for the person if the police officer believes on reasonable 4 grounds that the person is-- 5 (a) committing an offence against this Act; and 6 (b) a child or young person. 7 (2) A police officer must produce evidence that the officer is a police 8 officer if asked to do so by the person. 9 207 Offence--fail to comply with police officer's request for 10 identification document 11 (1) A person commits an offence if-- 12 (a) a police officer asks the person to show the officer an 13 identification document under section 206; and 14 (b) the person-- 15 (i) fails to comply with the request; or 16 (ii) shows the police officer a false identification document. 17 Maximum penalty: 5 penalty units. 18 (2) An offence against this section is a strict liability offence. 19 (3) This section does not apply if the police officer fails to comply with 20 section 206 (2). Liquor Bill 2010 page 167 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Division 14.2 Children and young people Section 208 1 208 What is a proof of age card?--div 14.2 2 In this division: 3 proof of age card, for a person, means a card that includes the 4 following about the person: 5 (a) the name of the person; 6 (b) a photo of the person; 7 (c) the date of birth of the person. 8 209 Proof of age cards 9 (1) A person who is an adult may apply, in writing, to the road transport 10 authority for a proof of age card. 11 Note 1 If a form is approved under s 222 for this provision, the form must be 12 used. 13 Note 2 A fee may be determined under s 221 for this provision. 14 (2) The road transport authority may issue the applicant with a proof of 15 age card if satisfied of the applicant's identity and that the applicant 16 is an adult. 17 210 Offence--child or young person use false identification to 18 obtain proof of age card 19 A person commits an offence if the person-- 20 (a) is a child or young person; and 21 (b) uses a false identification document to obtain a proof of age 22 card under section 209. 23 Maximum penalty: 10 penalty units. 24 Note A police officer may caution a child or young person in relation to this 25 offence (see s 149). page 168 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Prohibited liquor products Division 14.3 Section 211 1 Division 14.3 Prohibited liquor products 2 211 What is a prohibited liquor product? 3 In this Act: 4 prohibited liquor product means a thing declared by the Minister to 5 be a prohibited liquor product under section 212. 6 212 Prohibited liquor products 7 (1) The Minister may declare a thing containing liquor to be a 8 prohibited liquor product if satisfied that the thing is likely to-- 9 (a) have a special appeal to children or young people; or 10 (b) be confused with-- 11 (i) confectionery; or 12 (ii) a non-alcoholic drink. 13 Examples 14 1 a thing with packaging that would appeal to children 15 2 a thing with a name that could be confused with confectionary 16 (2) A declaration is a disallowable instrument. 17 Note A disallowable instrument must be notified, and presented to the 18 Legislative Assembly, under the Legislation Act. 19 213 Offence--supply prohibited liquor product 20 A person commits an offence if-- 21 (a) the person supplies something to someone else; and 22 (b) the thing is a prohibited liquor product. 23 Maximum penalty: 50 penalty units. Liquor Bill 2010 page 169 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 214 1 Part 15 Notification and review of 2 decisions 3 214 What is a reviewable decision?--pt 14 4 In this part: 5 reviewable decision means a decision mentioned in 6 schedule 1, column 3 under a provision of this Act mentioned in 7 column 2 in relation to the decision. 8 215 Reviewable decision notices 9 If the commissioner makes a reviewable decision, the commissioner 10 must give a reviewable decision notice to each person mentioned in 11 schedule 1, column 4 in relation to the decision. 12 Note 1 The commissioner must also take reasonable steps to give a reviewable 13 decision notice to any other person whose interests are affected by the 14 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 15 Note 2 The requirements for a reviewable decision notice are prescribed under 16 the ACT Civil and Administrative Tribunal Act 2008. 17 216 Applications for review 18 The following people may apply to the ACAT for a review of a 19 reviewable decision: 20 (a) a person mentioned in schedule 1, column 4 in relation to the 21 decision; 22 (b) any other person whose interests are affected by the decision. 23 Note If a form is approved under the ACT Civil and Administrative Tribunal 24 Act 2008 for the application, the form must be used. page 170 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 217 1 Part 16 Miscellaneous 2 217 Liquor guidelines 3 (1) The commissioner may make guidelines (the liquor guidelines) for 4 this Act consistent with the objects of this Act and the harm 5 minimization and community safety principles. 6 (2) A liquor guideline is a notifiable instrument. 7 Note 1 A notifiable instrument must be notified under the Legislation Act. 8 Note 2 It is a condition of a licence or permit that the licensee or permit-holder 9 must comply with the guidelines--see s 31 (1) (a) and s 55 (1) (a). 10 218 Declared training providers 11 (1) The Minister may declare a person to be a training provider for this 12 Act (a declared training provider). 13 (2) A declaration is a notifiable instrument. 14 Note A notifiable instrument must be notified under the Legislation Act. 15 219 Acts and omissions of representatives 16 (1) In this section: 17 person means an individual. 18 Note See the Criminal Code, pt 2.5 for provisions about corporate criminal 19 responsibility. 20 representative, of a person, means an employee or agent of the 21 person. Liquor Bill 2010 page 171 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 220 1 state of mind, of a person, includes-- 2 (a) the person's knowledge, intention, opinion, belief or purpose; 3 and 4 (b) the person's reasons for the intention, opinion, belief or 5 purpose. 6 (2) This section applies to a prosecution for an offence against this Act. 7 (3) If it is relevant to prove a person's state of mind about an act or 8 omission, it is enough to show-- 9 (a) the act was done or omission made by a representative of the 10 person within the scope of the representative's actual or 11 apparent authority; and 12 (b) the representative had the state of mind. 13 (4) An act done or omitted to be done on behalf of a person by a 14 representative of the person within the scope of the representative's 15 actual or apparent authority is taken to have been done or omitted to 16 be done by the person. 17 (5) However, subsection (4) does not apply if the person establishes that 18 reasonable precautions were taken and appropriate diligence was 19 exercised to avoid the act or omission. 20 (6) A person who is convicted of an offence cannot be punished by 21 imprisonment for the person if the person would not have been 22 convicted of the offence without subsection (3) or (4). 23 220 Proceedings for offences 24 A proceeding in relation to an offence against this Act must not be 25 begun except by the commissioner or a police officer. page 172 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 221 1 221 Determination of fees 2 (1) The Minister may determine fees for this Act. 3 Note The Legislation Act contains provisions about the making of 4 determinations and regulations relating to fees (see pt 6.3). 5 (2) A determination is a disallowable instrument. 6 Note A disallowable instrument must be notified, and presented to the 7 Legislative Assembly, under the Legislation Act. 8 (3) In this section: 9 Minister means the Minister for the time being administering the 10 provision of the Act for which the fee, charge or other amount is 11 determined. 12 222 Approved forms 13 (1) The commissioner may approve forms for this Act. 14 (2) If the commissioner approves a form for a particular purpose, the 15 approved form must be used for that purpose. 16 Note For other provisions about forms, see the Legislation Act, s 255. 17 (3) An approved form is a notifiable instrument. 18 Note A notifiable instrument must be notified under the Legislation Act. 19 223 Regulation-making power 20 (1) The Executive may make regulations for this Act. 21 Note Regulations must be notified, and presented to the Legislative 22 Assembly, under the Legislation Act. 23 (2) A regulation may make provision in relation to the following: 24 (a) licensed times and permitted times; 25 (b) the calculation of fees based on 1 or more of the following: 26 (i) the class or subclass of a licence or permit; Liquor Bill 2010 page 173 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 224 1 (ii) licensed times and permitted times; 2 (iii) the term of a licence or permit; 3 (iv) the nature and scale of the activities being carried out at 4 the licensed premises or permitted premises; 5 (v) the occupancy loading for the licensed premises or 6 permitted premises; 7 (vi) anything else consistent with the objects of this Act and 8 the harm minimisation and community safety principles; 9 (c) how fees may be paid; 10 (d) the circumstances in which the commissioner may waive or 11 reduce fees. 12 (3) A fee mentioned in subsection (2) may be an amount that is not a 13 fee for a service. 14 (4) A regulation may create offences and fix maximum penalties of not 15 more than 20 penalty units for the offences. 16 224 Legislation repealed 17 (1) The Liquor Act 1975 (A1975-19) is repealed. 18 (2) The Liquor Regulation 1979 (SL1979-11) is repealed. 19 (3) All other legislative instruments under the Liquor Act 1975 20 (A1975-19) are repealed. page 174 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Schedule 1 Reviewable decisions (see s 214) column 1 column 2 column 3 column 4 item section decision person 1 27 (2) refuse to issue licence applicant for licence 2 38 (4) refuse to amend licence licensee 3 39 (3) refuse to amend licence licensee (change to floor plan) 4 41 (2) refuse to transfer licence licensee 5 43 (2) refuse to renew licence licensee 6 51 (2) refuse to issue permit applicant for permit 7 58 (3) refuse to amend permit permit-holder 8 62 (2) refuse to renew permit permit-holder 9 65 (1) cancel non-commercial permit-holder permit 10 90 (2) refuse to approve risk- licensee or permit-holder assessment management plan 11 92 (2) refuse to amend risk- licensee or permit-holder assessment management plan 12 95 (3) (2) refuse to approve young applicant people's event 13 189 (1) (b) refuse to approve RSA applicant training course Liquor Bill 2010 page 175 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Dictionary 2 (see s 3) 3 Note 1 The Legislation Act contains definitions and other provisions relevant to 4 this Act. 5 Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: 6 · ACAT 7 · Act 8 · adult 9 · Australian driver licence 10 · bankrupt or personally insolvent 11 · building code 12 · business day 13 · chief officer (fire brigade) 14 · chief police officer 15 · commissioner for fair trading 16 · corporation 17 · Corporations Act 18 · planning and land authority 19 · police officer. 20 ACTPLA certificate, for a licence or permit at premises, means a 21 certificate by the planning and land authority stating that the 22 authority considers the operation of a business at the premises under 23 the licence or permit either-- 24 (a) complies with-- 25 (i) the lease where the premises are located; and 26 (ii) the Territory plan; or 27 (b) does not comply with a stated provision of-- 28 (i) the lease where the premises are located; or 29 (ii) the Territory plan. page 176 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 adults-only area, for licensed premises or permitted premises--see 2 section 93. 3 amend, a licence or permit, includes the following: 4 (a) amend an existing licence condition; 5 (b) impose a new licence condition; 6 (c) remove an existing licence condition. 7 applicant, for division 2.4 (Licences--public consultation)--see 8 section 33. 9 approved risk-assessment management plan, for licensed premises 10 or permitted premises--see section 89. 11 approved RSA training course, for an approved RSA training 12 provider, for division 12.1 (Approval to provide RSA training 13 courses)--see section 187. 14 approved RSA training provider, for division 12.1 (Approval to 15 provide RSA training courses)--see section 187. 16 at premises includes in or on the premises. 17 authorised person means-- 18 (a) an investigator; or 19 (b) a police officer. 20 bar licence--see section 22. 21 breath testing machine, for division 8.7 (Breath testing 22 machines)--see section 132. 23 caution offence, for division 9.3 (Police cautions for children and 24 young people)--see section 148. 25 certificate of occupancy, for premises--see the Building Act 2004, 26 dictionary. 27 child--see the Children and Young People Act 2008, section 11. Liquor Bill 2010 page 177 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 class--each of the following is a class of licence: 2 (a) general licence; 3 (b) on licence; 4 (c) off licence; 5 (d) club licence; 6 (e) special licence. 7 close associate--see section 14. 8 club licence--see section 20. 9 commercial permit--see section 48. 10 commercial permit holder means-- 11 (a) a person who holds a commercial permit; or 12 (b) for part 11 (Complaints and occupational discipline)--see 13 section 174. 14 commissioner means the commissioner for fair trading. 15 commissioner's direction--see section 143 (2). 16 complainant, for division 11.2 (Complaints)--see section 176. 17 connected, for part 10 (Enforcement)--see section 152. 18 crowd controller means a person who is a crowd controller for the 19 purposes of the Security Industry Act 2003, section 7. 20 CYP chief executive, for division 9.3 (Police cautions for children 21 and young people)--see section 148. 22 declared training provider--see section 218. 23 eligible club--see section 70. 24 emergency closure notice--see section 146. 25 emergency closure order--see section 145. page 178 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 enclosed, for premises, means enclosed as prescribed by regulation. 2 enclosed public place--see the Smoking (Prohibition in Enclosed 3 Public Places) Act 2003, dictionary. 4 false identification document, for a person, means an identification 5 document that-- 6 (a) was fraudulently obtained; or 7 (b) was issued to someone else; or 8 (c) is forged; or 9 (d) is fraudulently altered; or 10 (e) has expired. 11 foreign driver licence means a licence to drive a motor vehicle 12 (however described) issued under the law of an external Territory or 13 a foreign country. 14 general licence--see section 17. 15 ground for occupational discipline, for division 11.3 (Occupational 16 discipline)-- 17 (a) in relation to a licensee--see section 182; or 18 (b) in relation to a commercial permit-holder--see section 183. 19 harm minimisation and community safety principles--see 20 section 10. 21 identification document, for a person, means a document that-- 22 (a) is-- 23 (i) an Australian driver licence or foreign driver licence; or 24 (ii) a proof of age card or interstate proof of age card; or 25 (iii) a passport; and Liquor Bill 2010 page 179 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (b) contains a photograph that could reasonably be taken to be the 2 person; and 3 (c) states the person's date of birth. 4 identity card--see the Fair Trading (Consumer Affairs) Act 1973, 5 dictionary. 6 incident, for division 8.6 (Incidents)--see section 129. 7 incident register, for division 8.6 (Incidents)--see section 130. 8 influential person, for a corporation--see section 15. 9 interstate proof of age card means a document corresponding to a 10 proof of age card that has been issued under the law of a State. 11 intoxicated--see section 104. 12 investigator--see the Fair Trading (Consumer Affairs) Act 1973, 13 dictionary. 14 lease--see the Planning and Development Act 2007, section 235. 15 licence--see section 16. 16 licence and permit register--see section 194. 17 licensed times, for the sale of liquor at licensed premises, means the 18 times stated in the licence for the sale of liquor at the premises. 19 licensee-- 20 (a) means a person who holds a licence; or 21 (b) for part 11 (Complaints and occupational discipline)--see 22 section 173. 23 liquor--see section 11. 24 liquor guidelines--see section 217 (1). 25 low-alcohol liquor means a drink that is not liquor but contains 26 more than 0.5% by volume of ethyl alcohol. page 180 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 nightclub licence--see section 23. 2 non-commercial permit--see section 49. 3 non-profit organisation means an organisation that-- 4 (a) is not carried on for profit or gain to its individual members; 5 and 6 (b) does not make any distribution, whether in money, property or 7 otherwise, to its members. 8 occupancy loading, for a public area at licensed premises or 9 permitted premises--see section 83. 10 occupancy loading notice, for part 5 (Occupancy loading for 11 licensed premises and permitted premises)--see section 86 (3). 12 occupier, of premises, for part 10 (Enforcement)--see section 152. 13 offence, for part 10 (Enforcement)--see section 152. 14 off licence--see section 19. 15 on licence--see section 18. 16 permanent alcohol-free place--see section 197 (1). 17 permit--see section 47. 18 permit-holder, for part 11 (Complaints and occupational 19 discipline)--see section 174. 20 permitted times, for the sale of liquor at permitted premises, means 21 the times stated in the permit for the sale of liquor at the premises. 22 person--a reference to a person in relation to a non-commercial 23 permit includes a reference to a non-profit organisation. 24 personal information notice--see section 71. Liquor Bill 2010 page 181 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 police certificate, for a person, means a written statement by the 2 Commonwealth CrimTrac agency indicating-- 3 (a) whether, according to the records held by the agency, the 4 person has been charged with, or convicted of, an offence 5 against a law of-- 6 (i) the Territory; or 7 (ii) the Commonwealth; or 8 (iii) a State; or 9 (iv) another country; and 10 (b) if so--particulars of each offence. 11 Note A conviction does not include a spent conviction (see Spent Convictions 12 Act 2000, s 16 (c) (i)). 13 premises includes land, structure, vehicle or boat. 14 premises information notice--see section 79. 15 prohibited liquor product--see section 211. 16 proof of age card, for division 14.2 (Children and young people)-- 17 see section 208. 18 proposed licensee--see section 25. 19 proposed new licensee--see section 40. 20 proposed permit-holder--see section 50. 21 public area, at licensed premises or permitted premises--see 22 section 84. 23 public consultation period, for an application for division 2.4 24 (Licences--public consultation)--see section 36. page 182 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 public place means any street, road, public park, reserve or other 2 place that the public is entitled to use or that is open to, or used by, 3 the public (whether or not for payment), including-- 4 (a) a shop, and any place occupied in relation to a shop; and 5 (b) a factory, and any place occupied in relation to, a factory; and 6 (c) a building or part of a building occupied by a club, and any 7 place occupied in relation to a club; and 8 (d) any private property that is commonly used by the public, 9 whether as trespassers or otherwise. 10 registered training organisation, for division 12.1 (Approval to 11 provide RSA training courses)--see section 187. 12 relevant premises, for division 2.4 (Licences--public 13 consultation)--see section 33. 14 responsible person, for premises, for part 4 (Suitability of people 15 and premises for licences and permits)--see section 74. 16 restaurant and cafe licence--see section 24. 17 reviewable decision, for part 14 (Notification and review of 18 decisions)--see section 214. 19 risk-assessment management plan, for licensed premises or 20 permitted premises--see section 88. 21 RSA certificate, for a person--see section 192. 22 RSA training course approval, for division 12.1 (Approval to 23 provide RSA training courses)--see section 188. 24 sell includes-- 25 (a) sell by wholesale, retail, auction or tender; and 26 (b) barter or exchange; and 27 (c) supply for profit; and Liquor Bill 2010 page 183 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (d) offer for sale, receive for sale or expose for sale; and 2 (e) consign or deliver for sale; and 3 (f) have in possession for sale. 4 senior police officer means the chief police officer or another police 5 officer of or above the rank of superintendent. 6 smoke--see the Smoking (Prohibition in Enclosed Public Places) 7 Act 2003, dictionary. 8 special licence--see section 21. 9 staff member, for part 8 (Conduct at licensed premises and 10 permitted premises), means-- 11 (a) for licensed premises-- 12 (i) the licensee; or 13 (ii) an employee of the licensee; or 14 (b) for permitted premises-- 15 (i) the permit-holder; or 16 (ii) an employee of the permit-holder. 17 subclass--each of the following is a subclass of on licence: 18 (a) bar licence; 19 (b) nightclub licence; 20 (c) restaurant and cafe licence. 21 suitability information-- 22 (a) about a person--see section 69; and 23 (b) about premises--see section 78. 24 suitable person, to hold a licence or permit--see section 67. 25 suitable premises, for a licence or permit--see section 75. page 184 Liquor Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 supply includes sell. 2 temporary alcohol-free place--see section 197 (2). 3 warrant, for part 10 (Enforcement)--see section 152. 4 young person--see the Children and Young People Act 2008, 5 section 12. Endnotes 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 Liquor Bill 2010 page 185 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au