LIQUOR ACT 2010
Table of Provisions
PART 1--PRELIMINARY
Division 1.1--Introduction
- 1 Name of Act
- 3 Dictionary
- 4 Notes
- 5 Offences against Act—application of Criminal Code etc
- 6 Application of Act—generally
- 7 Application of Act—sale of liquor
- 8 Application of Act—sale of liquor at universities
- 8A Application of Act—supply of liquor by exempt business
Division 1.2--Objects and principles
- 9 Object of Act
- 10 Harm minimisation and community safety principles
Division 1.3--Important concepts
PART 2--LIQUOR LICENCES
Division 2.1--Classes of licences
- 16 What is a licence?
- 17 What is a general licence?
- 18 What is an on licence?
- 19 What is an off licence?
- 20 What is a club licence?
- 20A What is a catering licence?
- 21 What is a special licence?
Division 2.2--On licences—subclasses
Division 2.3--Licences—application and decision
- 25 Licence—application
- 26 Licence—public consultation
- 27 Licence—decision on application
- 28 Licence—occupancy loading
- 29 Licence—adults-only areas
- 30 Licence—form
- 31 Licence—conditions
- 32 Licence—period in force
- 32A Licence—annual fee
Division 2.4--Licences—notification and public consultation
- 33 Application and definition—div 2.4
- 33A Licence—notice of application to certain entities
- 33B Commissioner may ask for information from commissioner for revenue
- 34 Licence—public notification of application
- 35 Licence—representations
- 36 What is the public consultation period?—div 2.4
Division 2.5--Licences—amendment, transfer, etc
- 37 Licence—amendment initiated by commissioner
- 38 Licence—amendment on application by licensee
- 39 Licence—amendment for change to floor plan of licensed premises
- 40 Licence—application to transfer licence
- 41 Licence—decision on application to transfer licence
- 44 Licence—replacing when lost, stolen or destroyed
- 45 Licence—surrender
- 46 Offence—fail to return licence
- 46A Licence—immediate suspension for failure to pay fee
PART 3--LIQUOR PERMITS
Division 3.1--Classes of permits
- 47 What is a permit?
- 48 What is a commercial permit?
- 49 What is a non-commercial permit?
Division 3.2--Permits—application and decision
- 50 Permit—application
- 51 Permit—decision on application
- 52 Permit—occupancy loading
- 53 Permit—adults-only areas
- 54 Permit—form
- 55 Permit—conditions
- 56 Permit—term
Division 3.3--Permits—amendment, transfer, renewal, etc
- 57 Permit—amendment initiated by commissioner
- 58 Permit—amendment on application by permit-holder
- 59 Permit—not transferable
- 60 Permit—commercial permit not renewable
- 61 Permit—application for renewal of non-commercial permit
- 62 Permit—decision on application for renewal of non-commercial permit
- 63 Permit—replacing when lost, stolen or destroyed
- 64 Permit—surrender
- 65 Non-commercial permit—cancellation
- 66 Offence—fail to return permit
PART 4--SUITABILITY OF PEOPLE AND PREMISES FOR LICENCES AND PERMITS
Division 4.1--Suitability of people for licences and permits
Division 4.2--Suitability of premises for licences and permits
- 74 Who is the responsible person for premises?—div
- 75 What are suitable premises?
- 76 Commissioner must consider suitability information, etc
- 77 Commissioner must decide premises not suitable in some circumstances
- 78 What is suitability information about premises?
- 79 Commissioner may require plan etc for premises
- 80 Commissioner may require inspection of premises
- 81 Commissioner need not decide suitability if requirements not complied
- 82 Offence—ongoing duty to update premises' suitability information
PART 5--OCCUPANCY LOADING FOR LICENSED PREMISES AND PERMITTED PREMISES
- 83 What is occupancy loading?
- 84 What is a public area?
- 85 Occupancy loading decision
- 86 Fire engineering study and inspection
- 87 Commissioner not to issue licence or permit if requirement not complied
PART 6--RISK-ASSESSMENT MANAGEMENT PLANS FOR LICENSED PREMISES AND PERMITTED PREMISES
- 88 What is a risk-assessment management plan?
- 89 What is an approved risk-assessment management plan?
- 90 Risk-assessment management plan—approval
- 90A Risk-assessment management plan—availability
- 90B Risk-assessment management plan—direction to prepare plan
- 90C Approved risk-assessment management plan—amendment on direction from
- 91 Approved risk-assessment management plan—amendment on
- 92 Approved risk-assessment management plan—decision on amendment
- 92A Offence—licensee fail to comply with direction to prepare approved risk-assessment management
- 92B Offence—failure to amend approved risk-assessment management plan
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?
- 94 Adults-only areas decision
Division 7.2--Approvals for young people's event in adults-only area at licensed premises
- 95 Young people's event approval—application
- 96 Young people's event approval—decision
- 97 Young people's event approval—form
- 98 Young people's event approval—conditions
- 99 Young people's event approval—term
PART 8--CONDUCT AT LICENSED PREMISES AND PERMITTED PREMISES
Division 8.1--Responsible service of alcohol
Division 8.2--Intoxicated people
- 104 What is intoxicated?
- 105 Offence—supply liquor to intoxicated person—licensee or
- 106 Offence—supply liquor to intoxicated person—employee
- 107 Offence—supply liquor to intoxicated person—other person
- 108 Offence—abuse, threaten, intimidate staff
Division 8.3--Children and young people
- 110 Offence—supply liquor to child or young person—licensee or
- 111 Offence—supply liquor to child or young person—employee
- 112 Offence—supply liquor to child or young person—other person
- 113 Licensee, permit-holder, etc may refuse to supply liquor without identification
- 114 Offence—child or young person consume liquor—licensee or
- 115 Offence—child or young person consume liquor
- 116 Offence—child or young person possess liquor—licensee or
- 117 Offence—child or young person possess liquor
- 118 Offence—child or young person supply liquor—licensee or
- 119 Offence—send child or young person to obtain liquor
- 120 Offence—child or young person in adults-only area—licensee or
- 121 Offence—child or young person in adults-only area
- 122 Offence—child or young person use false identification for adults-only
- 123 Offence—fail to mark adults-only areas
- 124 Licensee, permit-holder, etc may seize false identification document
Division 8.4--Occupancy loading
- 125 Offence—exceed occupancy loading
- 126 Offence—fail to display occupancy loading sign
Division 8.5--Approved risk-assessment management plans
- 127 Offence—fail to comply with approved risk-assessment management plan
Division 8.6--Incidents
- 130 What is an incident?—div 8.6
- 131 Incident reporting
- 132 Offence—fail to report incident
Division 8.7--Breath testing machines
- 133 What is a breath testing machine?—div 8.7
- 134 Offence—fail to display breath testing machine sign
- 135 Evidence of breath tests
Division 8.8--Other offences
- 136 Offence—sell petrol at premises
- 137 Offence—conduct prohibited promotional activities
- 138 Offence—remain in or re-enter vicinity of premises
- 139 Offence—consume liquor at off licensed premises
- 139A Offence—take liquor from on licensed premises
- 140 Offence—sexually explicit entertainment
- 141 Offence—fail to keep licence or permit at premises
- 142 Offence—fail to keep records in required way
- 143 Offence—club licensee advertise for public attendance
- 143A Offence—fail to comply with direction to display sign
Division 8.9--Excluding people from premises
- 143B Excluding people from premises
Division 8.10--Exclusion orders
- 143C Definitions—div 8.10
- 143D Meaning of exclusion order, excluded person and exclusion
- 143E Application for exclusion order
- 143F Making of exclusion order
- 143G Offence—excluded person on premises contrary to exclusion order
- 143H Display of notice about effect of exclusion order
- 143I Amending or revoking exclusion order
PART 9--DIRECTIONS, EMERGENCY CLOSURE ORDERS AND CAUTIONS
Division 9.1--Commissioner's directions
- 144 Commissioner may direct licensee, permit-holder, employee etc
- 145 Offence—fail to comply with commissioner's direction
Division 9.1A--Direction to give security camera images
- 145A Commissioner or police may direct licensee to give security camera
- 145B Offence—fail to comply with direction to give security camera images
Division 9.2--Emergency closure orders
- 146 Emergency closure of premises for 24 hours
- 147 Emergency closure notice
- 148 Offence—fail to comply with emergency closure order
Division 9.3--Police cautions for children and young people
- 149 Definitions—div 9.3
- 150 Police may caution children and young people
- 151 Police must caution and release child or young person as soon as
- 152 Chief police officer may revoke cautions
PART 10--ENFORCEMENT
Division 10.1--General
Division 10.2--Powers of authorised people
- 154 Power to enter premises
- 155 Production of identity card
- 156 Consent to entry
- 157 General powers on entry to premises
- 158 Power to seize things
Division 10.3--Search warrants
- 159 Warrants generally
- 160 Warrants—application made other than in person
- 161 Search warrants—announcement before entry
- 162 Details of search warrant to be given to occupier etc
- 163 Occupier entitled to be present during search etc
Division 10.4--Return and forfeiture of things seized
- 164 Receipt for things seized
- 165 Moving things to another place for examination or processing under search
- 166 Access to things seized
- 167 Return of things seized
- 168 Forfeiture of seized things
- 169 Power to destroy unsafe things
- 170 Application for order disallowing seizure
- 171 Order for return of seized thing
Division 10.5--Enforcement—miscellaneous
- 172 Damage etc to be minimised
- 173 Compensation for exercise of enforcement powers
PART 11--COMPLAINTS AND OCCUPATIONAL DISCIPLINE
Division 11.1--General
- 174 Who is a licensee?—pt 11
- 175 Who is a commercial permit-holder?—pt 11
Division 11.2--Complaints
- 176 Who may complain?
- 177 Form of complaint
- 178 Withdrawal of complaints
- 179 Further information about complaint etc
- 180 Investigation of complaint
- 181 No further action on complaint
- 182 Action after investigating complaint
Division 11.3--Occupational discipline
- 182A Meaning of person of concern—div 11.3
- 183 Grounds for occupational discipline—licensee
- 184 Grounds for occupational discipline—commercial permit-holder
- 185 ACAT must consider suitability information, etc about licensee or commercial-permit
- 186 ACAT must consider suitability information, etc about premises
- 187 Application to ACAT for occupational discipline
PART 11A--COMPLIANCE TESTING
- 187A Definitions—pt 11A
- 187B What is a compliance test?—pt 11A
- 187C Approval of compliance testing programs
- 187D Approval of compliance testing procedures
- 187E Carrying out compliance testing
- 187F Lawfulness of compliance testing
- 187G Indemnification of authorised people and purchase assistants
PART 11B--CANCELLATION OF LICENCE OR PERMIT FOR CRIMINAL ACTIVITY
- 187H Definitions—pt 11B
- 187I Application for cancellation order
- 187J Cancellation order
- 187K Cancellation order—revocation
- 187L Offences—cancellation order—involvement of person engaged in criminal
PART 12--RESPONSIBLE SERVICE OF ALCOHOL (RSA) TRAINING COURSES
Division 12.1--Approval to provide RSA training courses
- 188 Definitions—div 12.1
- 189 RSA training course approval—application
- 190 RSA training course approval—decision on application
- 191 RSA training course approval—form
- 192 RSA training course approval—term
Division 12.2--RSA training course certificates
PART 13--LICENCE AND PERMIT REGISTER
- 195 Licence and permit register
- 196 Exception to public inspection
- 197 Correction and keeping up-to-date register
PART 14--OTHER LIQUOR MATTERS
Division 14.1--Alcohol-free public places
- 198 Alcohol-free places
- 199 Offence—consume liquor at certain public places
- 200 Offence—possess open container of liquor at certain public places
- 201 Seizure of liquor in public places
Division 14.2--Children and young people
- 202 Offence—child or young person buy liquor
- 203 Offence—child or young person use false identification to buy liquor
- 204 Offence—supply liquor to child or young person at public place
- 204A Offence—supply liquor to child or young person by parent etc—private
- 205 Offence—child or young person consume liquor in public place
- 206 Offence—child or young person possess liquor in public place
- 207 Police officer may ask for identification document
- 208 Offence—fail to comply with police officer's request for identification
- 209 What is a proof of identity card?—div 14.2
- 210 Proof of identity cards
- 211 Offence—child or young person use false identification to obtain proof of identity
Division 14.3--Prohibited liquor products
- 212 What is a prohibited liquor product?
- 213 Prohibited liquor products
- 214 Offence—supply prohibited liquor product
Division 14.4--Authorisation for extended trading
- 214A Extended trading—application
- 214B Extended trading—decision on application
PART 15--LIQUOR ADVISORY BOARD
- 215 Establishment of liquor advisory board
- 216 Membership of liquor advisory board
- 217 Liquor advisory board function
- 218 Liquor advisory board procedure
- 219 Reimbursement of expenses for liquor advisory board members
PART 16--NOTIFICATION AND REVIEW OF DECISIONS
- 220 What is a reviewable decision?—pt 16
- 221 Reviewable decision notices
- 222 Applications for review
PART 16A--CRIMINAL INTELLIGENCE
- 222A Definitions—pt 16A
- 222B Disclosure of criminal intelligence—chief police officer
- 222C Disclosure of criminal intelligence—commissioner for fair trading and
- 222D Whether information is criminal intelligence—application and
- 222E Appeal—applicant may withdraw information
- 222F Confidentiality of criminal intelligence—commissioner and ACAT
- 222G Confidentiality of criminal intelligence—courts
- 222H Delegation by chief police officer
PART 17--MISCELLANEOUS
- 223 Liquor guidelines
- 224 Declared training providers
- 224A Licences and permits not personal property—PPS Act
- 224B Evidentiary certificates—licensees and permit holders
- 225 Acts and omissions of representatives
- 226 Proceedings for offences
- 227 Determination of fees
- 228 Approved forms
- 229 Regulation-making power
