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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LIQUOR AMENDMENT BILL
1992
Queensland
LIQUOR AMENDMENT BILL 1992
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new Division 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Division 4--Provisions concerning consumption of liquor in
certain public places
173A Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
173B Consumption of liquor in certain public places prohibited . . . . . . . . 5
173C Local authority may designate public places where liquor
may be consumed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
173D Local authority must advertise designation and place signs . . . . . . 6
173E Local authority must advertise repeal or amendment of
designation and remove or alter signs . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Insertion of new s.249A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
249A Apportionment of licence fees under section 18B of
repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1992
A BILL
FOR
An Act to amend the Liquor Act 1992
4
Liquor Amendment
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
title 4
Short
Clause1. This Act may be cited as the Liquor Amendment Act 1992. 5
6
Commencement
Clause2. Sections 3 and 5 are taken to have commenced on 1 July 1992. 7
Act 8
Amended
The Liquor Act 1992 is amended as set out in this Act. 9
Clause3.
of new Division 4 10
Insertion
Clause4. After section 173 (in Part 6)-- 11
insert-- 12
4--Provisions concerning consumption of liquor in certain 13
`Division
public places 14
15
`Definitions
`173A. In this Division-- 16
` "area" has the same meaning as in section 3(1) of the Local Government 17
Act 1936, and includes a community area and the area of the City of 18
Brisbane; 19
"designated public place" means a public place designated under section 20
173C; 21
"road" has the same meaning as in section 3(1) of the Local Government 22
Act 1936. 23
5
Liquor Amendment
of liquor in certain public places prohibited 1
`Consumption
`173B.(1) A person must not consume liquor in-- 2
(a) a public place that is-- 3
(i) a road; or 4
(ii) land owned by, or under the control of, a local authority 5
(other than an environmental park under the Land Act 1962); 6
or 7
(b) a doorway, entrance or vestibule that gives access to premises 8
from a public place mentioned in paragraph (a). 9
Maximum penalty--1 penalty unit. 10
`(2) A person does not commit an offence against subsection (1) in 11
relation to a place-- 12
(a) if the consumption of liquor in the place is authorised or 13
permitted under a licence or permit; or 14
(b) if the place is, at the relevant time, a designated public place; or 15
(c) if-- 16
(i) the place was, but at the relevant time is no longer, a designated 17
public place; and 18
(ii) the local authority concerned has not complied with section 19
173E in relation to the place. 20
authority may designate public places where liquor may be 21
`Local
consumed 22
`173C.(1) A local authority may, by resolution, designate a public place 23
mentioned in section 173B(1)(a) that is in its area as a public place where 24
liquor may be consumed. 25
`(2) The local authority may, in the resolution or by another resolution, 26
specify the period or times during which the designation is to have effect. 27
`(3) If the local authority specifies a period or times under subsection (2), 28
the public place is a designated public place only during that period or those 29
times. 30
6
Liquor Amendment
authority must advertise designation and place signs 1
`Local
`173D.(1) A local authority that designates a public place under section 2
173C must advertise the designation in a newspaper that circulates in its 3
area. 4
`(2) The advertisement must-- 5
(a) include a description of the public place; and 6
(b) specify the period or times (if any) during which the public place 7
is a designated public place. 8
`(3) The local authority must also erect signs that-- 9
(a) sufficiently identify the public place as a designated public place; 10
and 11
(b) specify the period or times (if any) during which the public place 12
is a designated public place. 13
`(4) The local authority does not have to comply with subsection (1) if it 14
has specified under section 173C(2) that the designation in relation to the 15
public place has effect for a period not longer than 1 day. 16
authority must advertise repeal or amendment of designation 17
`Local
and remove or alter signs 18
`173E.(1) If a local authority repeals or amends a designation under 19
section 173C, the local authority must advertise the repeal or amendment in 20
a newspaper that circulates in its area. 21
`(2) The advertisement must-- 22
(a) in the case of the repeal of a designation of a public 23
place--include a description of the public place; and 24
(b) in the case of an amendment that varies the boundaries of a 25
designated public place--include a description of the public place 26
as varied; and 27
(c) in the case of an amendment that varies the period or times 28
during which a designation of a public place has effect--specify 29
the varied period or times. 30
7
Liquor Amendment
`(3) The local authority must also ensure-- 1
(a) in the case of the repeal of a designation of a public place--that all 2
signs identifying the public place as a designated public place are 3
removed; and 4
(b) in the case of an amendment that varies the boundaries of a 5
designated public place--that signs sufficiently identify the public 6
place, as varied, as a designated public place; and 7
(c) in the case of an amendment that varies the period or times 8
during which a designation of a public place has effect--that 9
signs identifying the public place specify the varied period or 10
times.'. 11
of new s.249A 12
Insertion
Clause5. After section 249 (in Division 2 of Part 11)-- 13
insert-- 14
of licence fees under section 18B of repealed Act 15
`Apportionment
`249A.(1) Despite the repeal of the repealed Act and subject to 16
subsections (3) and (5), section 18B of the repealed Act continues to apply 17
to every case to which it applied under the repealed Act immediately before 18
the proclaimed day as if the section had not been repealed. 19
`(2) In applying section 18B of the repealed Act under this section-- 20
(a) a reference to a licensed victualler under the repealed Act-- 21
(i) is a reference to the holder of a licence under this Act that 22
corresponds under section 242 to a licensed victualler's 23
licence, or a licence that was taken to be a licensed 24
victualler's licence, under the repealed Act; and 25
(ii) includes a reference to the holder of any licence under the 26
repealed Act to which section 18B applied, or was taken to 27
have applied, immediately before the proclaimed day; and 28
(b) a reference to licensed premises under the repealed Act is a 29
reference to licensed premises under this Act; and 30
(c) a reference to a licensed victualler's licence under the repealed 31
Act-- 32
8
Liquor Amendment
(i) is a reference to a licence under this Act that corresponds 1
under section 242 to a licensed victualler's licence, or a 2
licence that was taken to be a licensed victualler's licence, 3
under the repealed Act; and 4
(ii) includes a reference to any licence under the repealed Act to 5
which section 18B applied, or was taken to have applied, 6
immediately before the proclaimed day; and 7
(d) a reference to a fee payable under the repealed Act is a reference 8
to a fee payable in respect of a licence under this Act; and 9
(e) all other necessary changes are taken to be made. 10
`(3) The rights that a person has because of subsection (1)-- 11
(a) cease when the term (including a further term arising under the 12
exercise of an option of renewal) of the person's lease, agreement 13
for lease or other tenancy agreement relating to the licensed 14
premises, and in force immediately before the proclaimed day, 15
expires or is lawfully terminated, whichever happens first; and 16
(b) if the licence concerned is transferred under section 113--are, 17
subject to paragraph (a), exercisable by the transferee. 18
`(4) Subsection (3)(a) does not affect the enforcement of any right that a 19
person has under this section if the right accrued before the expiry or 20
termination. 21
`(5) Subsection (1) does not apply to persons (and their transferees) who, 22
between 1 July 1992 and the day of the introduction into the Legislative 23
Assembly of the Bill for this Act-- 24
(a) entered into an agreement; or 25
(b) varied a lease, agreement for lease or tenancy agreement; 26
relating to licensed premises to which subsection (1) would otherwise apply 27
in a way that has the effect of providing for the adjustment between them of 28
financial obligations that arise out of or relate to the apportionment of 29
licence fees relating to licensed premises under section 18B of the repealed 30
Act or licence fees payable in relation to the premises under this Act.'. 31
32
© State of Queensland 1992
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