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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LIQUOR AMENDMENT BILL
2000
Queensland
LIQUOR AMENDMENT BILL 2000
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3A Principle underlying this Act for facilitating and regulating
the liquor industry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Insertion of new s 4AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4AA Meaning of "entertainment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7 Amendment of s 6 (Acceptable evidence of age) . . . . . . . . . . . . . . . . . . . . 14
8 Amendment of s 7 (Presumed quantity of liquor) . . . . . . . . . . . . . . . . . . . . . 15
9 Amendment of s 9 (Ordinary trading hours) . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10A When meal is taken not to have been prepared and served
to be eaten on premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11 Amendment of s 12 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Insertion of new ss 20A and 20B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20A Protection of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20B Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13 Amendment of s 21 (Jurisdiction and powers of Tribunal) . . . . . . . . . . . . . . 18
14 Amendment of s 22 (Constitution of Tribunal) . . . . . . . . . . . . . . . . . . . . . . . 18
15 Replacement of s 23 (Way of exercising jurisdiction) . . . . . . . . . . . . . . . . . 19
23 Way of exercising jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
16 Amendment of s 26 (Powers of Tribunal in proceedings) . . . . . . . . . . . . . . 20
2
Liquor Amendment
17 Insertion of new s 26A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
26A Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
18 Replacement of ss 30 and 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
30 Persons entitled to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
31 Start of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Amendment of s 34 (Arranging the hearing of appeal) . . . . . . . . . . . . . . . . 22
20 Insertion of new s 35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
35A Tribunal may give leave for appeal to be based on new
evidence and related matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
21 Amendment of s 38 (Costs on appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
22 Replacement of s 39 (Summary decision on appeal) . . . . . . . . . . . . . . . . . . 24
39 Appeal without hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
23 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
41A Tribunal to keep record of its decisions . . . . . . . . . . . . . . . . . . . . . . . 24
24 Amendment of s 42 (Power of delegation) . . . . . . . . . . . . . . . . . . . . . . . . . . 25
25 Replacement of s 43 (Register of licences and permits) . . . . . . . . . . . . . . . 26
43 Register of licences, permits and applications to be kept . . . . . . . . 26
26 Amendment of s 45 (Court officials to furnish particulars for Register) . . . 27
27 Insertion of new s 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
47A Publication of information on internet etc. . . . . . . . . . . . . . . . . . . . . 27
28 Amendment of s 48 (Preservation of confidentiality) . . . . . . . . . . . . . . . . . . 27
29 Amendment of s 58 (Available licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
30 Insertion of new s 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
58A Primary purpose of a business conducted under a general
licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
31 Replacement of s 60 (Restriction on grant of general licence) . . . . . . . . . . 29
60 Restriction on grant of general licence . . . . . . . . . . . . . . . . . . . . . . . 29
32 Insertion of new s 61A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
61A Primary purpose of a business under a residential licence . . . . . . . . 29
33 Amendment of s 62 (Authority of residential licence) . . . . . . . . . . . . . . . . . 29
34 Amendment of s 63 (Restriction on grant of residential licence) . . . . . . . . 31
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Liquor Amendment
35 Replacement of s 64 (Consumption of liquor on premises by
residents and guests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
64 Consumption of liquor on premises by residents and guests . . . . . . 31
36 Replacement of s 65 (Consumption of liquor with meals or when
meals are being served) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
65 Consumption of liquor in dining area . . . . . . . . . . . . . . . . . . . . . . . . . 32
37 Amendment of s 67 (Restriction on sale of liquor for consumption
off premises ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
38 Amendment of s 70 (Restriction on sale of liquor for consumption
off premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
39 Insertion of new s 70A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
70A Primary purpose of an on-premises (function) licence . . . . . . . . . . . 33
40 Insertion of new s 71A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
71A Primary purpose of a business under an on-premises
(cabaret) licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
41 Replacement of s 72A (Restriction on sale and supply of liquor at
cabarets) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
72A Authority to sell and supply liquor when primary purpose
includes provision of meals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
72B Extension of authority to sell or supply liquor under
on-premises (cabaret) licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
42 Replacement of s 73 (Restriction on sale of liquor under
on-premises licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
73 Primary purpose of a business under an on-premises
(meals) licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
73A Restriction on sale of liquor under an on-premises (meals)
licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
73B Extension of authority to sell or supply liquor under
on-premises (meals) licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
43 Replacement of s 74 (Display of menu, liquor list and authority
to sell liquor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
74 Display of menu and liquor list . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
44 Insertion of new s 74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
74A Primary purpose of a business under an on-premises
(transport) licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
45 Amendment of s 75 (Restriction on sale of liquor) . . . . . . . . . . . . . . . . . . . . 37
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Liquor Amendment
46 Insertion of new s 75A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
75A Primary purpose of a business under an on-premises
(presentations) licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
47 Amendment of s 76 (Location of liquor outlets specified in licence) . . . . . 38
48 Amendment of s 77 (Number of liquor outlets) . . . . . . . . . . . . . . . . . . . . . . . 38
49 Replacement of pt 4, div 4, sdivs 7 and 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Subdivision 7--On-premises (tourist) licences
78 Primary purpose of a business under an on-premises
(tourist) licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
79 Restriction on sale of liquor under on-premises (tourist) licence . . 38
Subdivision 8--Other activity
80 Primary purpose of a business under an on-premises (other
activity) licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
81 Extension of authority to sell liquor under an on-premises
(other activity) licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
50 Insertion of new s 81A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
81A Primary purpose of business under producer/wholesaler licence . . . 39
51 Amendment of s 83 (Restriction on grant of producer/wholesaler
licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
52 Amendment of s 84 (Restriction on sale of liquor under producer/
wholesaler licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
53 Insertion of new s 84A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
84A Primary purpose of business under club licence . . . . . . . . . . . . . . . . 41
54 Amendment of s 85 (Authority of club licence) . . . . . . . . . . . . . . . . . . . . . . 42
55 Amendment of s 86 (Restrictions on grant of club licence) . . . . . . . . . . . . 43
56 Omission of s 87 (Restriction on sale of liquor for consumption
off premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
57 Insertion of new s 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
92 Primary purpose of a business under a special facility licence . . . . 44
58 Amendment of s 94 (Restriction on grant of special facility licence) . . . . 44
59 Insertion of new s 94A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
94A Primary purpose of a business under a limited licence . . . . . . . . . . 45
60 Amendment of s 96 (Restriction on grant of limited licence) . . . . . . . . . . . 45
61 Amendment of s 97 (Available permits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
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Liquor Amendment
62 Replacement of s 103 (Restriction on grant of extended hours permit) . . . 46
102A Restriction on grant of extended hours permit . . . . . . . . . . . . . . . . . . 46
102B Application for an extended hours permit on a regular
basis that includes trading between 5 a.m. and 7 a.m. . . . . . . . . . . . 46
102C Other application for an extended hours permit that
includes trading between 5 a.m. and 7 a.m. . . . . . . . . . . . . . . . . . . . . 47
Division 12A--Catering away permits for public events
102D Definitions for div 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
102E Licensee to obtain a permit for selling or supplying liquor
at public events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
102F Restriction on grant of catering away permit . . . . . . . . . . . . . . . . . . 49
102G Area in catering away permit forms part of licensed premises . . . . 50
103 Authority of catering away permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
63 Amendment of s 103G (Authority of adult entertainment permit) . . . . . . . . 50
64 Insertion of new s 103K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
103K Restriction on grant of adult entertainment permit . . . . . . . . . . . . . . 51
65 Amendment of s 104 (Additional time for consumption or
removal of liquor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
66 Amendment of s 105 (Requirements for applications) . . . . . . . . . . . . . . . . . 52
67 Insertion of new s 107AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
107AA Chief executive may impose conditions on licences and
permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
68 Amendment of s 109 (Nominees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
69 Amendment of s 110 (Application for grant of extended hours
permit not on regular basis) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
70 Amendment of s 112 (Procedure for variation by chief executive) . . . . . . . 53
71 Insertion of new s 113A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
113A Transfer of licence or permit held for or on behalf of
unincorporated association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
72 Amendment of s 116 (Public need relevant to applications) . . . . . . . . . . . . 54
73 Amendment of s 118 (Advertisement of applications) . . . . . . . . . . . . . . . . . 55
74 Amendment of s 118A (Submissions on public need) . . . . . . . . . . . . . . . . . 57
75 Amendment of s 119 (Objection to grant of applications) . . . . . . . . . . . . . . 57
76 Amendment of s 121 (Conference of concerned persons and
decision by chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
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Liquor Amendment
77 Replacement of ss 123 and 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
123 Chief executive may grant provisional licence . . . . . . . . . . . . . . . . . 59
123A Chief executive may grant authority to trade for staged
development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
123B Provisional licence or staged development approval . . . . . . . . . . . . 60
123C Effect of provisional licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
124 Effect of staged development approval . . . . . . . . . . . . . . . . . . . . . . . 61
78 Amendment of s 125 (Temporary licence) . . . . . . . . . . . . . . . . . . . . . . . . . . 62
79 Amendment of s 128 (Liability of licensees in certain cases) . . . . . . . . . . 63
80 Amendment of s 129 (Applications to continue trading in certain
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
81 Amendment of s 131A (Decision by chief executive on
application to continue trading in certain circumstances) . . . . . . . . . . . . . . 64
82 Amendment of s 132 (Discharge of licensee or permittee from
obligations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
83 Amendment of s 133 (Request to surrender) . . . . . . . . . . . . . . . . . . . . . . . . . 64
84 Insertion of new ss 134A134C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
134A Ground for taking relevant action relating to adult
entertainment permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
134B Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
134C Decision about relevant action relating to adult
entertainment permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
85 Replacement of ss 136 and 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Subdivision 3--Disciplinary action relating to licences
136 Grounds for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
137 Procedure for taking disciplinary action in relation to licence . . . . 68
137A Decision about disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
137B Notice to be given about chief executive's decision . . . . . . . . . . . . 70
137C Urgent suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
137D Amount payable as a debt due to the State . . . . . . . . . . . . . . . . . . . . 72
Subdivision 4--Effect of suspension of licence or permit and other
matter
86 Amendment of s 143 (Particulars to be displayed on premises) . . . . . . . . . 72
87 Amendment of s 147 (Consumption or removal contrary to
licence or permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
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Liquor Amendment
88 Amendment of s 148 (Gratuitous supply of liquor) . . . . . . . . . . . . . . . . . . . . 72
89 Amendment of s 150 (Notification of change in controlling
interest in licensee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
90 Amendment of s 152 (Prohibition on other use of premises) . . . . . . . . . . . . 73
91 Amendment of s 154 (Alteration and maintenance of licensed
premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
92 Insertion of new ss 154A and 154B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
154A Relocation of detached bottle shops . . . . . . . . . . . . . . . . . . . . . . . . . 74
154B Transfer of certain premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
93 Amendment of s 155 (Minors on premises) . . . . . . . . . . . . . . . . . . . . . . . . . . 76
94 Amendment of s 155AA (Minors must not be in approved area
when adult entertainment being provided) . . . . . . . . . . . . . . . . . . . . . . . . . . 76
95 Amendment of s 162 (Taking liquor onto or away from premises
subject to on-premises licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
96 Amendment of s 187 (Abatement of nuisance or dangerous activity) . . . . 77
97 Omission of ss 193196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
98 Insertion of new s 221 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
221 Expiry of pt 9, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
99 Amendment of s 226 (Contravention of conditions of licences etc.) . . . . . 78
100 Insertion of new s 232 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
232 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
101 Amendment of s 235 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
102 Amendment of s 238 (Completion of proceedings in the Court) . . . . . . . . . 79
103 Amendment of s 238A (Disposal of applications for removal) . . . . . . . . . . 79
104 Amendment of s 239 (Termination of Court) . . . . . . . . . . . . . . . . . . . . . . . . 79
105 Amendment of s 241 (Disposal of applications made to Commission) . . . 80
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Liquor Amendment
106 Insertion of new pt 12, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 3--Transitional provisions for Liquor Amendment Act 2000
259 Transitional provision for Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
260 Transitional provision for certain general licences . . . . . . . . . . . . . . 80
261 Transitional provision for applications under pt 5 . . . . . . . . . . . . . . . 81
262 Transitional provision for temporary authority . . . . . . . . . . . . . . . . . . 81
263 Continuation of notices under s 187 . . . . . . . . . . . . . . . . . . . . . . . . . . 82
264 Effect of s 85(1C) in relation to club licences . . . . . . . . . . . . . . . . . 82
265 Review of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
107 Amendment to omit headings following cross references . . . . . . . . . . . . . . 83
108 Amendment of schedule (Rules of clubs) . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 84
CONSEQUENTIAL AND MINOR AMENDMENTS
2000
A BILL
FOR
An Act to amend the Liquor Act 1992
s1 10 s4
Liquor Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Liquor Amendment Act 2000. 3
4
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 5
amended 6
Act
Clause 3. This Act amends the Liquor Act 1992. 7
of new s 3A 8
Insertion
Clause 4. After section 3-- 9
insert-- 10
underlying this Act for facilitating and regulating the liquor 11
`Principle
industry 12
`3A.(1) The underlying principle of this Act in relation to the sale and 13
supply of liquor is-- 14
(a) a person may obtain a licence to sell or supply liquor as part of 15
conducting a business on premises; and 16
(b) liquor may only be sold or supplied on the licensed premises as 17
part of the person conducting a business, on the licensed 18
premises, that is the primary purpose under the licence. 19
`(2) This Act states the primary purpose of a business that may be 20
conducted under each type of licence. 21
`(3) This Act must be administered in accordance with the underlying 22
principle of this Act. 23
`(4) In interpreting this Act, a construction promoting the underlying 24
principle is to be preferred to a construction that would not promote it.'. 25
s5 11 s5
Liquor Amendment
of s 4 (Definitions) 1
Amendment
Clause 5.(1) Section 4, definitions "executive officer" and "unlicensed 2
person"-- 3
omit. 4
(2) Section 4-- 5
insert-- 6
` "detached bottle shop" means premises approved by the chief executive 7
as mentioned in section 59(1)(d), even if the premises are subsequently 8
relocated under section 154A or transferred under section 154B. 9
"disciplinary action", relating to a licence, means-- 10
(a) cancelling the licence; or 11
(b) suspending the licence-- 12
(i) for a stated period; or 13
(ii) until further ordered by the chief executive up to a maximum 14
period of 1 year; or 15
(c) closing the licensed premises, or part of the licensed premises, for 16
a stated period; or 17
(d) varying the licence by-- 18
(i) stating in the licence a condition to which it is to be subject; 19
or 20
(ii) otherwise limiting the authority conferred by the licence; or 21
(e) reducing the times at which the licensee may conduct business 22
under authority of the licence; or 23
(f) disqualifying the licensee from holding a licence or permit-- 24
(i) for a stated period; or 25
(ii) until further ordered by the chief executive up to a maximum 26
period of 5 years; or 27
(g) requiring the licensee to pay to the department an amount of not 28
s5 12 s5
Liquor Amendment
more than $10 000;1 or 1
(h) reprimanding the licensee. 2
"entertainment", for an on-premises (cabaret) licence, see section 4AA. 3
"executive officer", of a corporation, in sections 4C and 107B, means a 4
person who is concerned with, or takes part in, the corporation's 5
management, whether or not the person is a director or the person's 6
position is given the name of executive officer. 7
"interested person", in section 43 and part 5, division 3, subdivision 3, 8
means a person who-- 9
(a) is an owner, lessee or mortgagee of licensed premises or a 10
secured creditor of a licensee whose interest is likely to be affected 11
by cancellation of the licence for the premises; and 12
(b) has, under section 44A(2), given the chief executive particulars of 13
the person's interest in the licence. 14
"on-premises (cabaret) licence" means an on-premises licence for 15
conducting a business with the primary purpose stated in 16
section 71A(1). 17
"on-premises (function) licence" means an on-premises licence for 18
conducting a business with the primary purpose stated in 19
section 70A(1). 20
"on-premises (meals) licence" means an on-premises licence for 21
conducting a business with the primary purpose stated in section 73(1). 22
"on-premises (other activity) licence" means an on-premises licence for 23
conducting a business with the primary purpose stated in section 80(1). 24
"on-premises (presentations) licence" means an on-premises licence for 25
conducting a business with the primary purpose stated in 26
section 75A(1). 27
"on-premises (tourist) licence" means an on-premises licence for 28
conducting a business with the primary purpose stated in section 78(1). 29
1 The department may require the licensee to pay the department an amount of not
more than $10 000 for each ground for which disciplinary action is taken--see
part 5, division 3, subdivision 3 (Disciplinary action relating to licences).
s5 13 s5
Liquor Amendment
"on-premises (transport) licence" means an on-premises licence for 1
conducting a business with the primary purpose stated in 2
section 74A(1). 3
"ordinarily set aside for dining", for a part of licensed premises, means 4
the part of the licensed premises that is set aside as the regular or usual 5
place for dining on the licensed premises, but does not include a part of 6
the licensed premises set aside merely for a particular day. 7
"provisional licence" means a licence issued under section 123(2). 8
"private event" see section 102D. 9
"public event" see section 102D. 10
"register" means the register kept under section 43. 11
"relevant action", relating to an adult entertainment permit, means-- 12
(a) cancel the permit; or 13
(b) suspend the permit for a stated period; or 14
(c) impose conditions on, or vary conditions of, the permit. 15
"staged development approval" see section 123A(2). 16
"unlicensed person" means a person who is not the holder of-- 17
(a) a licence under this Act; or 18
(b) a licence under the Wine Industry Act 1994; or 19
(c) an approval, however described, under a law of the 20
Commonwealth or a State that allows the approval holder to sell 21
liquor.'. 22
(3) Section 4, definition "cabaret", paragraph (a), from `providing on the 23
premises' to `the entertainment'-- 24
omit, insert-- 25
`providing entertainment on premises'. 26
(4) Section 4, definition "interest in a brothel", `section 6'-- 27
omit, insert-- 28
`section 7'. 29
s6 14 s7
Liquor Amendment
(5) Section 4, definition "secretary", `of a club'-- 1
omit, insert-- 2
`, of a club,'. 3
of new s 4AA 4
Insertion
Clause 6. After section 4-- 5
insert-- 6
of "entertainment" 7
`Meaning
`4AA.(1) "Entertainment", for an on-premises (cabaret) licence, means 8
entertainment provided by a person-- 9
(a) who is physically present when providing the entertainment; and 10
(b) whose function is to present the entertainment. 11
`(2) However, "entertainment", for an on-premises (cabaret) licence, 12
does not include entertainment using facilities that do not require a person 13
present to provide the entertainment. 14
15
Examples of facilities that do not require a person to be present--
16
1. Pool tables
17
2. Jukeboxes.'.
of s 6 (Acceptable evidence of age) 18
Amendment
Clause 7.(1) Section 6(a)(iii), `and'-- 19
omit, insert-- 20
`or'. 21
(2) Section 6(a)-- 22
insert-- 23
`(iv) another form of identification approved in writing by the chief 24
executive; and'. 25
s8 15 Clause s 10
Liquor Amendment
of s 7 (Presumed quantity of liquor) 1
Amendment
Clause 8.(1) Section 7, `740'-- 2
omit, insert-- 3
`700'. 4
(2) Section 7, `370'-- 5
omit, insert-- 6
`345'. 7
(3) Section 7, at the end of paragraph (a)-- 8
insert-- 9
`and'. 10
of s 9 (Ordinary trading hours) 11
Amendment
Clause 9. Section 9(3)(a)(i), after `eaten on the premises'-- 12
insert-- 13
`between 10 a.m. and 1 p.m., or the period between 6 a.m. and 1 p.m. 14
that the chief executive approves in a particular case'. 15
of new s 10A 16
Insertion
Clause 10. After section 10-- 17
insert-- 18
meal is taken not to have been prepared and served to be eaten 19
`When
on premises 20
`10A.(1) For this Act, a meal is taken not to have been prepared and 21
served to be eaten on premises if the preparation does not involve adding 22
value to the food comprising the meal. 23
`(2) Without limiting subsection (1), a person does not add value to food 24
comprising a meal by merely heating a product the person purchased. 25
26
Example for subsection (2)--
s 11 16 s 11
Liquor Amendment
1
A person does not add value to food if the person heats a prepackaged pie or
2
other item and serves it.
`(3) However, the preparation of a meal is taken to involve adding value 3
to the food comprising the meal if the meal forms part of a menu and the 4
majority of menu items offered and available are meals the preparation of 5
which otherwise involves adding value to the food comprising the meals.'. 6
of s 12 (Exemptions) 7
Amendment
Clause 11. Section 12(2)-- 8
omit, insert-- 9
`(2) Also, this Act does not apply to the following-- 10
(a) a sale in good faith of spirituous or distilled perfume as 11
perfumery; 12
(b) a sale of spirituous cooking essence, other than for use as a 13
beverage or for manufacturing a beverage, if-- 14
(i) the essence is sold in a container containing not more than-- 15
(A) if the essence is vanilla essence--100 mL; or 16
(B) in any other case--50 mL; or 17
(ii) the sale is by wholesale; 18
(c) a sale of liquor in a refreshment room of Parliament House by 19
permission and under control of the Parliament; 20
(d) a sale of liquor in the lawful operation of an Australian Defence 21
Force canteen; 22
(e) a sale in good faith of spirits or wine by a pharmacist within the 23
meaning of the Pharmacy Act 1976, section 5 as medicine or for 24
medicinal or chemical purposes; 25
(f) a sale at auction conducted by a licensed auctioneer-- 26
(i) of liquor for a person who is authorised by this Act to sell 27
the liquor; or 28
(ii) by order of a trustee under the Bankruptcy Act 1966 (Cwlth), 29
of liquor held by the trustee as trustee under that Act; or 30
s 11 17 s 11
Liquor Amendment
(iii) by order of the executor, administrator or trustee of the estate 1
of a deceased person, of liquor that is the property of the 2
deceased's estate; or 3
(iv) by order of the public trustee, of liquor that is the property of 4
an estate in the course of administration by the public trustee; 5
(g) a sale, during actual flight of an aircraft, of liquor to a passenger 6
on the aircraft made for the aircraft's operator and for 7
consumption during the flight; 8
(h) a sale of liquor by a provider of bed and breakfast 9
accommodation or host farm accommodation to a guest of the 10
provider for consumption on the premises at which the 11
accommodation is provided. 12
`(3) Also, this Act does not apply to carrying or exposing liquor for sale 13
in an aircraft, as permitted by subsection (2)(g). 14
`(4) In this section-- 15
"aircraft" means an aircraft that is not licensed premises. 16
"bed and breakfast accommodation" means accommodation that-- 17
(a) includes the provision of accommodation and breakfast for 18
guests; and 19
(b) is conducted on premises (other than a caravan, caretaker's or 20
manager's residence, flat, home unit, hostel, hotel, lodging house, 21
motel or relocatable home) by a person who lives on the 22
premises; and 23
(c) caters for a maximum of 6 guests at the same time; and 24
(d) may be provided for a guest for a maximum continuous period of 25
14 days. 26
"host farm accommodation" means accommodation that-- 27
(a) includes the provision of accommodation and meals, or food for 28
preparing meals, for guests; and 29
(b) is conducted on a farm involved in primary production by a 30
person who manages, and lives on, the farm; and 31
(b) caters for a maximum of 6 guests at the same time; and 32
s 12 18 s 14
Liquor Amendment
(c) may be provided for a guest for a maximum continuous period of 1
30 days.'. 2
of new ss 20A and 20B 3
Insertion
Clause 12. Part 2, division 1-- 4
insert-- 5
of members 6
`Protection
`20A. A member of the Tribunal has, in the performance of the 7
member's duties as a member of the Tribunal, the same protection and 8
immunity as a District Court judge has in the performance of the judge's 9
duties. 10
report 11
`Annual
`20B. As soon as practicable each year, but not later than 31 August, the 12
chairperson of the Tribunal must give the Minister a written report 13
containing a review of the operation of the Tribunal during the 12 months 14
ending on the preceding 30 June.'. 15
of s 21 (Jurisdiction and powers of Tribunal) 16
Amendment
Clause 13.(1) Section 21(1)(c)-- 17
omit, insert-- 18
`(c) the taking of disciplinary action relating to, or the urgent 19
suspension of, a licence, the cancellation or suspension of a 20
permit or the imposition or variation of the conditions of a permit; 21
or 22
(ca) the surrender of a licence or permit; or'. 23
(2) Section 21(1), after `other appeals'-- 24
omit, insert-- 25
`or applications'. 26
s 15 19 s 15
Liquor Amendment
of s 22 (Constitution of Tribunal) 1
Amendment
Clause 14. Section 22-- 2
insert-- 3
`(2) However, for a minor appeal, the Tribunal may be constituted by a 4
single member who is qualified as mentioned in section 15.2 5
`(3) In this section-- 6
"minor appeal" means an appeal against a decision of the chief executive 7
other than the following-- 8
(a) a decision on an application for a new licence under this Act or the 9
Wine Industry Act 1994; 10
(b) a decision on an application for an extended hours permit, or 11
variation of an extended hours permit, that would extend trading 12
hours on a regular basis; 13
(c) a decision on an application for, or for relocation or transfer of, a 14
detached bottle shop; 15
(d) a decision on an application for, or the cancellation, suspension or 16
imposition or variation of conditions on, an adult entertainment 17
permit; 18
(e) a decision under section 137A(1) or (4)3 to take disciplinary 19
action relating to a licence; 20
(f) a decision on a variation of a licence.'. 21
of s 23 (Way of exercising jurisdiction) 22
Replacement
Clause 15. Section 23-- 23
omit, insert-- 24
of exercising jurisdiction 25
`Way
`23. The Tribunal's jurisdiction is exercised in a proceeding by-- 26
(a) for a minor appeal for which the Tribunal is constituted by a 27
2 Section 15 (Qualification for appointment)
3 Section 137A (Decision about disciplinary action)
s 16 20 s 17
Liquor Amendment
single member--the member constituting the Tribunal in the 1
proceeding; or 2
(b) otherwise--the unanimous or majority decision of the Tribunal's 3
members constituting the Tribunal in the proceeding.'. 4
of s 26 (Powers of Tribunal in proceedings) 5
Amendment
Clause 16. Section 26(2)-- 6
omit, insert-- 7
`(2) The member, or any of the members, constituting the Tribunal in a 8
proceeding, and any person authorised by the member, or any of the 9
members, to do so, may administer an oath to a person appearing as a 10
witness in the proceeding.'. 11
of new s 26A 12
Insertion
Clause 17. After section 26-- 13
insert-- 14
15
`Directions
`26A.(1) The Tribunal may hold a conference for considering, or giving 16
directions at or after the conference about, any matter or proceeding within 17
its jurisdiction. 18
`(2) Without limiting subsection (1), the Tribunal may consider or give 19
directions about the following as it considers appropriate-- 20
(a) the conduct of the matter or proceeding; 21
22
Example for paragraph (a)--
23
The Tribunal may direct, in the case of conflicting experts' reports,
24
that the experts prepare a joint report identifying the points of
25
agreement and highlighting the points of disagreement.
(b) requiring parties to make discovery or allow inspection of 26
evidentiary material; 27
(c) requiring parties to file pleadings; 28
(d) giving a party leave to be represented by a lawyer; 29
s 18 21 s 18
Liquor Amendment
(e) striking out the matter or proceeding on the ground that it is 1
frivolous or vexatious; 2
(f) staying a decision of the chief executive. 3
`(3) A conference may be held and directions given-- 4
(a) on the application of a participant or on the Tribunal's own 5
initiative; and 6
(b) before a matter or proceeding starts or at any time during the 7
matter or proceeding; and 8
(c) by telephone, video link or another form of communication that 9
allows reasonably contemporaneous and continuous 10
communication. 11
`(4) A direction given by the Tribunal under this section may be in the 12
form of an order of the Tribunal.'. 13
of ss 30 and 31 14
Replacement
Clause 18. Sections 30 and 31-- 15
omit, insert-- 16
entitled to appeal 17
`Persons
`30. An appeal against a decision of the chief executive may be made 18
only by a person-- 19
(a) who-- 20
(i) made an application, submission or objection in the 21
proceeding in which the decision was made; or 22
(ii) if the decision is to take disciplinary action relating to, or the 23
urgent suspension of, a licence, to cancel or suspend a permit 24
or to impose or vary the conditions of a permit--the licensee 25
or permittee; and 26
(b) who is aggrieved by the decision. 27
of appeal 28
`Start
`31.(1) A person who wishes to appeal against a decision of the chief 29
s 19 22 s 20
Liquor Amendment
executive must start the appeal under this section. 1
`(2) An appeal is started by filing a notice of appeal with the registrar of 2
the Tribunal. 3
`(3) The notice of appeal must be filed with the registrar within 28 days 4
after the day on which the person received written notice of the chief 5
executive's decision. 6
`(4) The registrar must give a copy of the notice of appeal to the chief 7
executive within 3 days of receiving the notice. 8
`(5) Subsection (6) applies if the chief executive fails to notify an 9
applicant of the grant or refusal of an application within 30 days after the 10
end of the time within which all steps required or permitted by this Act to be 11
taken relating to the application must be taken. 12
`(6) For the purposes of an appeal, the chief executive is taken to have 13
given to the applicant notice of a decision to refuse the application at the end 14
of the period of 30 days.'. 15
of s 34 (Arranging the hearing of appeal) 16
Amendment
Clause 19.(1) Section 34(1)-- 17
omit, insert-- 18
`34.(1) An appeal to the Tribunal against a decision of the chief executive 19
is by a rehearing on the evidence that was before the chief executive.'. 20
(2) Section 34(2), `28 days'-- 21
omit, insert-- 22
`2 months'. 23
of new s 35A 24
Insertion
Clause 20. After section 35-- 25
insert-- 26
may give leave for appeal to be based on new evidence and 27
`Tribunal
related matters 28
`35A.(1) This section applies despite section 34(1). 29
s 21 23 s 21
Liquor Amendment
`(2) The Tribunal may grant a participant in a proceeding for an appeal 1
against a decision of the chief executive leave to adduce fresh, additional or 2
substituted evidence ("new evidence") if the Tribunal is satisfied-- 3
(a) the person seeking to adduce the new evidence did not know, or 4
could not reasonably be expected to have known, of the existence 5
of the new evidence on or before the day of the chief executive's 6
decision; or 7
(b) in the special circumstances of the case, it would be unfair not to 8
allow the person to adduce the new evidence. 9
`(3) If the Tribunal gives leave under subsection (2), the Tribunal may-- 10
(a) adjourn the proceeding to allow the chief executive to reconsider 11
the decision appealed against together with the new evidence; or 12
(b) if the Tribunal considers it appropriate for the applicant to make a 13
new application--require the applicant to make a new application 14
to the chief executive; or 15
(c) continue with the appeal by way of rehearing on the evidence that 16
was before the original decision-maker and on the new evidence. 17
`(4) Despite subsection (3), if the chief executive applies for an 18
adjournment to allow the chief executive to reconsider the decision appealed 19
against together with the new evidence, the Tribunal must adjourn the 20
proceeding for a stated reasonable time. 21
`(5) In deciding if it is appropriate for the applicant to make a new 22
application, the Tribunal must consider whether-- 23
(a) the new evidence substantially changes the application the subject 24
of the appeal; or 25
(b) additional people may be affected by the application and the 26
additional people should have an opportunity to comment on or 27
object to the application.'. 28
of s 38 (Costs on appeal) 29
Amendment
Clause 21.(1) Section 38(1), `subsection (2)'-- 30
omit, insert-- 31
`subsections (2) and (2A)'. 32
s 22 24 s 23
Liquor Amendment
(2) Section 38-- 1
insert-- 2
`(2A) Also, if the Tribunal directs an expert to prepare a report in relation 3
to a proceeding within its jurisdiction, the Tribunal may make the order it 4
considers appropriate in relation to the costs for the preparation of the 5
report.'. 6
of s 39 (Summary decision on appeal) 7
Replacement
Clause 22. Section 39-- 8
omit, insert-- 9
without hearing 10
`Appeal
`39.(1) This section applies if-- 11
(a) an appellant asks the Tribunal to deal with an appeal without 12
holding a hearing; and 13
(b) the other parties to the appeal consent. 14
`(2) The Tribunal may proceed to deal with the appeal, or part of the 15
appeal, without holding a hearing.'. 16
of new s 41A 17
Insertion
Clause 23. Part 2, after section 41-- 18
insert-- 19
to keep record of its decisions 20
`Tribunal
`41A.(1) The Tribunal must keep, in the way it considers appropriate, a 21
record of its written decisions. 22
`(2) Subject to an order under subsection (3) or (4), the record is available 23
for inspection by members of the public. 24
`(3) If, at the time of a proceeding, a participant in the proceeding applies 25
to the Tribunal to suppress sensitive information about a person, the 26
Tribunal may order that the information is not to form part of the record 27
available under subsection (2). 28
`(4) If, after a proceeding, a person who was a participant in the 29
s 24 25 s 24
Liquor Amendment
proceeding applies to the Tribunal for an order to suppress sensitive 1
information about the person, the Tribunal may order that the information is 2
not to form part of the record available under subsection (2) from a day 3
stated in the order. 4
`(5) However, the Tribunal must-- 5
(a) before making an order under subsection (4)--ask the chief 6
executive to provide information about the extent of any existing 7
publication of the sensitive information under section 47A4 and 8
the period reasonably needed for the removal of the sensitive 9
information from the information under the control of the chief 10
executive; and 11
(b) in making the order--have regard to the extent of any publication 12
under section 47A and the period for removal stated by the chief 13
executive. 14
`(6) In this section-- 15
"sensitive information", about a person, means information about the 16
person's reputation, history of behaviour or attitude to the management 17
and discharge of the person's financial obligations.'. 18
of s 42 (Power of delegation) 19
Amendment
Clause 24.(1) Section 42(1) and (2), from `to an officer'-- 20
omit, insert-- 21
`to an appropriately qualified public service employee, police officer or 22
person employed by a local government.'. 23
(2) Section 42(2), `An officer'-- 24
omit, insert-- 25
`A person'. 26
(3) Section 42-- 27
insert-- 28
`(3) In this section-- 29
4 Section 47A (Publication of information on internet etc.)
s 25 26 s 25
Liquor Amendment
"appropriately qualified" includes having the qualifications, experience or 1
standing appropriate to exercise the power. 2
3
Example of `standing'--
4
For a public service employee, the employee's position in a department.'.
of s 43 (Register of licences and permits) 5
Replacement
Clause 25. Section 43-- 6
omit, insert-- 7
of licences, permits and applications to be kept 8
`Register
`43.(1) The chief executive must keep a register of licences, permits and 9
applications, in a form or forms the chief executive considers appropriate. 10
`(2) The register is to contain the following-- 11
(a) particulars of licences and permits; 12
(b) particulars of licensees, permittees, nominees of licensees or 13
permittees and interested persons; 14
(c) addresses of licensed premises or places to which permits relate; 15
(d) trading hours that apply to licences or permits; 16
(e) particulars of applications required under section 118(1) to be 17
advertised that have not been decided. 18
`(3) However, the chief executive must ensure the register does not 19
include any of the following-- 20
(a) sensitive information about a person; 21
(b) information the chief executive reasonably considers is 22
commercially sensitive; 23
(c) particulars given to the chief executive under section 45.5 24
`(4) For subsection (3)(b), a person may ask the chief executive to 25
consider a written submission by the person about whether information is 26
commercially sensitive. 27
5 Section 45 (Court officials to furnish particulars)
s 26 27 s 28
Liquor Amendment
`(5) In this section-- 1
"sensitive information", about a person, see section 41A(6).'. 2
of s 45 (Court officials to furnish particulars for Register) 3
Amendment
Clause 26. Section 45, heading, `for Register'-- 4
omit. 5
of new s 47A 6
Insertion
Clause 27. After section 47-- 7
insert-- 8
of information on internet etc. 9
`Publication
`47A. The chief executive may publish the following information in a 10
way the chief executive considers appropriate, including, for example, by 11
means of the internet or through some other telecommunication medium-- 12
(a) all or part of the register; 13
(b) under an arrangement with the Tribunal, decisions, or parts of 14
decisions, of the Tribunal that are available for inspection by 15
members of the public as mentioned in section 41A.6'. 16
of s 48 (Preservation of confidentiality) 17
Amendment
Clause 28.(1) Section 48(2)(b)-- 18
renumber as section 48(2)(e). 19
(2) Section 48(2)-- 20
insert-- 21
`(b) disclosing information in the register; or 22
(c) disclosing information about the status of an application required 23
to be advertised under section 118(1); or 24
(d) disclosing information about the status of an appeal started in the 25
6 Section 41A (Tribunal to keep record of its decisions)
s 29 28 s 30
Liquor Amendment
Tribunal and the names of the parties to the appeal; or'. 1
of s 58 (Available licences) 2
Amendment
Clause 29. Section 58(2)-- 3
omit, insert-- 4
`(2) Only 1 licence may be granted or held for premises, or part of 5
premises, but a licence may be granted or held for the premises or part even 6
though there is a licence under the Wine Industry Act 1994 for the premises 7
or part. 8
`(3) However, if a licence is granted or held for premises, or part of 9
premises, under this Act and the Wine Industry Act 1994-- 10
(a) the licensee under both Acts must be the same person; and 11
(b) the nominee under this Act must be a nominee for the licence 12
under the Wine Industry Act 1994; and 13
(c) liquor may be sold under the licence under this Act only for the 14
trading hours authorised under the licence.'. 15
of new s 58A 16
Insertion
Clause 30. Part 4, division 2, before section 59-- 17
insert-- 18
purpose of a business conducted under a general licence 19
`Primary
`58A.(1) The primary purpose of a business conducted under a general 20
licence is the sale of liquor for consumption on the premises, or on and off 21
the premises, together with the provision of meals and accommodation as 22
required under the licence. 23
`(2) The authority under a general licence to sell or supply liquor does not 24
apply unless a business is conducted on the licensed premises with a 25
primary purpose as mentioned in subsection (1). 26
`(3) To remove doubt, it is declared that it is inconsistent with the 27
primary purpose of a business conducted under a general licence to only sell 28
liquor for consumption off the premises.'. 29
s 31 29 s 33
Liquor Amendment
of s 60 (Restriction on grant of general licence) 1
Replacement
Clause 31. Section 60-- 2
omit, insert-- 3
on grant of general licence 4
`Restriction
`60.(1) The chief executive may grant a general licence only if the chief 5
executive is satisfied the business to be conducted under the licence on the 6
licensed premises will have a primary purpose as mentioned in 7
section 58A(1). 8
`(2) The chief executive must not grant a general licence to a person for 9
premises the chief executive reasonably considers are, or are to be, used 10
primarily as a supermarket.'. 11
of new s 61A 12
Insertion
Clause 32. Part 4, division 3, before section 62-- 13
insert-- 14
purpose of a business under a residential licence 15
`Primary
`61A.(1) The primary purpose of a business conducted under a 16
residential licence is the provision of accommodation. 17
`(2) The authority under a residential licence to sell or supply liquor does 18
not apply unless a business is conducted on the licensed premises with the 19
primary purpose as mentioned in subsection (1).'. 20
of s 62 (Authority of residential licence) 21
Amendment
Clause 33.(1) Section 62(1)(b)-- 22
omit, insert-- 23
`(b) during ordinary trading hours or those hours extended by an 24
extended hours permit, to any person, including a person not 25
eating a meal, as if the residential licence were an on-premises 26
(meals) licence relating to a part of the premises stated in the 27
residential licence as ordinarily set aside for dining; and'. 28
s 33 30 s 33
Liquor Amendment
(2) Section 62(1)(d)-- 1
omit. 2
(3) Section 62(2) and (3)-- 3
renumber as section 62(3) and (6). 4
(4) Section 62-- 5
insert-- 6
`(2) Despite subsection (1)(b), a residential licence does not authorise the 7
licensee to sell liquor, from the part of the premises stated in the residential 8
licence as ordinarily set aside for dining, for consumption off the 9
premises.'. 10
(5) Section 62-- 11
insert-- 12
`(4) The authority conferred by a residential licence to sell liquor for 13
consumption off the licensed premises to a person other than a resident on 14
the licensed premises is restricted to the sale of liquor-- 15
(a) as ancillary to a function that-- 16
(i) happens at a place at which the liquor is consumed; and 17
(ii) includes the licensee providing food for the function of 18
sufficient substance as to be ordinarily accepted as a meal for 19
consumption by persons genuinely attending the function, 20
even though the food may be eaten while standing and 21
without cutlery; and 22
(b) for consumption by persons genuinely attending the function. 23
`(5) In deciding whether the holder of, or an applicant for, a residential 24
licence sells or proposes to sell liquor under the licence as if the licence were 25
an on-premises (meals) licence, the chief executive must consider the 26
indicators mentioned in section 73(3)7 together with any other relevant 27
matters.'. 28
7 Section 73 (Primary purpose of a business under an on-premises (meals) licence)
s 34 31 s 35
Liquor Amendment
(6) Section 62(6), as renumbered, `(2)'-- 1
omit, insert-- 2
`(3)'. 3
of s 63 (Restriction on grant of residential licence) 4
Amendment
Clause 34. Section 63(c)-- 5
omit. 6
of s 64 (Consumption of liquor on premises by residents 7
Replacement
and guests) 8
Clause 35. Section 64-- 9
omit, insert-- 10
of liquor on premises by residents and guests 11
`Consumption
`64.(1) Liquor supplied under authority of a residential licence to a 12
resident or guest on the licensed premises, for consumption on the premises 13
outside ordinary trading hours, must be consumed in-- 14
(a) a residential unit on the licensed premises; or 15
(b) a part of the licensed premises approved for the time being by the 16
chief executive for the purpose. 17
`(2) In this section-- 18
"guest" means a guest of a resident in the resident's company. 19
"ordinary trading hours", for a residential licence, includes ordinary 20
trading hours extended by an extended hours permit for the residential 21
licence.'. 22
s 36 32 s 38
Liquor Amendment
of s 65 (Consumption of liquor with meals or when 1
Replacement
meals are being served) 2
Clause 36. Section 65-- 3
omit, insert-- 4
of liquor in dining area 5
`Consumption
`65. Liquor supplied under authority of a residential licence to a person as 6
if the licence were an on-premises (meals) licence must be consumed in a 7
part of the licensed premises stated in the residential licence as ordinarily set 8
aside for dining.'. 9
of s 67 (Restriction on sale of liquor for consumption off 10
Amendment
premises ) 11
Clause 37. Section 67(2) and (3)-- 12
omit. 13
of s 70 (Restriction on sale of liquor for consumption off 14
Amendment
premises) 15
Clause 38. Section 70(2)-- 16
omit, insert-- 17
`(2) The authority conferred by an on-premises licence to sell liquor for 18
consumption off the licensed premises is restricted to the sale of liquor-- 19
(a) as ancillary to a function that-- 20
(i) happens at a place at which the liquor is consumed; and 21
(ii) includes the licensee providing food for the function of 22
sufficient substance as to be ordinarily accepted as a meal for 23
consumption by persons genuinely attending the function, 24
even though the food may be eaten while standing and 25
without cutlery; and 26
(b) for consumption by persons genuinely attending the function. 27
`(3) However, the authority conferred by an on-premises (other activity) 28
licence to sell liquor for consumption off the licensed premises is restricted 29
s 39 33 s 40
Liquor Amendment
to the sale of liquor for a function relating to the activity as stated in the 1
licence by the chief executive. 2
`(4) Subsections (1) and (2) do not apply to an on-premises (meals) 3
licence in relation to a sale or supply of liquor under section 73A(b).'. 4
of new s 70A 5
Insertion
Clause 39. Part 4, division 4, subdivision 2, before section 71-- 6
insert-- 7
purpose of an on-premises (function) licence 8
`Primary
`70A.(1) The primary purpose of a business conducted under an 9
on-premises (function) licence is the provision of premises and catering 10
facilities for use by persons genuinely attending a function held on the 11
licensed premises. 12
`(2) The authority under an on-premises (function) licence to sell or 13
supply liquor does not apply unless a business is conducted on the licensed 14
premises with the primary purpose as mentioned in subsection (1).'. 15
of new s 71A 16
Insertion
Clause 40. Part 4, division 4, subdivision 3, before section 72-- 17
insert-- 18
purpose of a business under an on-premises (cabaret) 19
`Primary
licence 20
`71A.(1) The primary purpose of a business under an on-premises 21
(cabaret) licence is-- 22
(a) for the ordinary trading hours for the sale of liquor as mentioned 23
in section 9(10)(b)--the provision of entertainment; and 24
(b) if the chief executive so states in the licence--the provision of 25
meals prepared and served to be eaten on the licensed premises 26
for the ordinary trading hours for the sale of liquor as mentioned 27
in section 9(10)(a). 28
`(2) The authority under an on-premises (cabaret) licence to sell or supply 29
liquor does not apply unless a business is conducted on the licensed 30
s 41 34 s 41
Liquor Amendment
premises with a primary purpose as mentioned in subsection (1). 1
`(3) In deciding whether the holder of, or an applicant for, an 2
on-premises (cabaret) licence conducts or will conduct a business that 3
complies or will comply with subsection (1)(b), the chief executive must 4
consider the indicators mentioned in section 73(3) together with any other 5
relevant matters.'. 6
of s 72A (Restriction on sale and supply of liquor at 7
Replacement
cabarets) 8
Clause 41. Section 72A-- 9
omit, insert-- 10
to sell and supply liquor when primary purpose includes 11
`Authority
provision of meals 12
`72A. If the primary purpose of an on-premises (cabaret) licence includes 13
the provision of meals as mentioned in section 71A(1)(b), the authority of 14
the licence to sell or supply liquor during the ordinary trading hours 15
mentioned in section 9(10)(a) extends to the sale or supply of liquor to a 16
person on the premises other than in association with the person eating a 17
meal. 18
of authority to sell or supply liquor under on-premises 19
`Extension
(cabaret) licence 20
`72B. The chief executive may state in an on-premises (cabaret) licence 21
that the licensee may, subject to the conditions the chief executive states in 22
the licence, sell and supply liquor to or for persons genuinely attending a 23
function held on the licensed premises.'. 24
s 42 35 s 42
Liquor Amendment
of s 73 (Restriction on sale of liquor under on-premises 1
Replacement
licence) 2
Clause 42. Section 73-- 3
omit, insert-- 4
purpose of a business under an on-premises (meals) licence 5
`Primary
`73.(1) The primary purpose of a business conducted under an 6
on-premises (meals) licence is the provision of meals prepared and served 7
to be eaten on the licensed premises. 8
`(2) The authority under an on-premises (meals) licence to sell or supply 9
liquor does not apply unless a business is conducted on the licensed 10
premises with the primary purpose as mentioned in subsection (1). 11
`(3) In deciding whether the holder of, or an applicant for, an 12
on-premises (meals) licence conducts or will conduct a business that 13
complies or will comply with subsection (1), the following are indicators 14
that must be considered-- 15
(a) the existing or proposed seating and standing arrangements; 16
(b) the existing or proposed number of staff for preparing and 17
serving meals; 18
(c) the existing or proposed kitchen arrangements, including, for 19
example, the hours of operation of the kitchen; 20
(d) for an existing business, a comparison of the number of meals 21
consumed and the amount of liquor sold. 22
`(4) Subsection (3) does not limit the matters that may be considered 23
when deciding if a business complies or will comply with subsection (1). 24
on sale of liquor under an on-premises (meals) licence 25
`Restriction
`73A. The authority of an on-premises (meals) licence is restricted to the 26
following-- 27
(a) the sale and supply of liquor for consumption on the licensed 28
premises-- 29
(i) in association with a consumer eating a meal on the 30
premises; and 31
s 43 36 s 43
Liquor Amendment
(ii) to persons on the premises other than in association with the 1
persons eating meals; 2
(b) the sale and supply of 1 opened and 1 unopened bottle of wine for 3
consumption off the premises to each adult consumer eating a 4
meal. 5
of authority to sell or supply liquor under on-premises 6
`Extension
(meals) licence 7
`73B. The chief executive may state in an on-premises (meals) licence 8
that the licensee may, subject to the conditions the chief executive states in 9
the licence, sell and supply liquor to or for persons genuinely attending a 10
function held on the licensed premises.'. 11
of s 74 (Display of menu, liquor list and authority to sell 12
Replacement
liquor) 13
Clause 43. Section 74-- 14
omit, insert-- 15
of menu and liquor list 16
`Display
`74. The holder of an on-premises (meals) licence must display details of 17
the menu and the liquor list available to consumers on the premises so the 18
details and list are-- 19
(a) in a conspicuous place on the premises to which the licence 20
relates; and 21
(b) clearly visible from outside the premises. 22
Maximum penalty--25 penalty units.'. 23
s 44 37 s 46
Liquor Amendment
of new s 74A 1
Insertion
Clause 44. Part 4, division 4, subdivision 5, before section 75-- 2
insert-- 3
purpose of a business under an on-premises (transport) 4
`Primary
licence 5
`74A.(1) The primary purpose of a business conducted under an 6
on-premises (transport) licence is carrying passengers commercially on an 7
aircraft, boat, train or vehicle. 8
`(2) The authority under an on-premises (transport) licence to sell or 9
supply liquor does not apply unless a business is conducted on the licensed 10
premises with the primary purpose as mentioned in subsection (1).'. 11
of s 75 (Restriction on sale of liquor) 12
Amendment
Clause 45.(1) Section 75, from `on-premises licence' to `is restricted to'-- 13
omit, insert-- 14
`on-premises (transport) licence that relates to an aircraft, boat, train or 15
vehicle is restricted to the'. 16
(2) Section 75, `the boat, vehicle or aircraft'-- 17
omit, insert-- 18
`the aircraft, boat, train or vehicle'. 19
of new s 75A 20
Insertion
Clause 46. Part 4, division 4, subdivision 6, before section 76-- 21
insert-- 22
purpose of a business under an on-premises (presentations) 23
`Primary
licence 24
`75A.(1) The primary purpose of a business conducted under an 25
on-premises (presentations) licence is the provision of facilities for sporting, 26
cultural, theatrical or cinematographic presentations. 27
`(2) The authority under an on-premises (presentations) licence to sell or 28
s 47 38 s 49
Liquor Amendment
supply liquor does not apply unless a business is conducted on the licensed 1
premises with a primary purpose as mentioned in subsection (1).'. 2
of s 76 (Location of liquor outlets specified in licence) 3
Amendment
Clause 47. Section 76(1), from `on-premises licence' to `presentations'-- 4
omit, insert-- 5
`on-premises (presentations) licence'. 6
of s 77 (Number of liquor outlets) 7
Amendment
Clause 48. Section 77(1), `on-premises licence'-- 8
omit, insert-- 9
`on-premises (presentations) licence'. 10
of pt 4, div 4, sdivs 7 and 8 11
Replacement
Clause 49. Part 4, division 4, subdivisions 7 and 8-- 12
omit, insert-- 13
7--On-premises (tourist) licences 14
`Subdivision
purpose of a business under an on-premises (tourist) licence 15
`Primary
`78.(1) The primary purpose of a business conducted under an 16
on-premises (tourist) licence is the provision of entertainment or visual 17
instruction to tourists on premises developed as a tourist attraction. 18
`(2) The authority under an on-premises (tourist) licence to sell or supply 19
liquor does not apply unless a business is conducted on the licensed 20
premises with a primary purpose as mentioned in subsection (1). 21
on sale of liquor under on-premises (tourist) licence 22
`Restriction
`79.(1) The authority under an on-premises (tourist) licence is restricted 23
to the sale of liquor at a liquor outlet stated in the licence for consumption 24
within that liquor outlet. 25
s 50 39 s 50
Liquor Amendment
(2) The chief executive may state in an on-premises (tourist) licence that 1
the licensee may sell and supply liquor to or for persons genuinely attending 2
a function held on the licensed premises only on the conditions the chief 3
executive states in the licence. 4
`Subdivision 8--Other activity 5
purpose of a business under an on-premises (other activity) 6
`Primary
licence 7
`80.(1) The primary purpose of a business conducted under an 8
on-premises (other activity) licence is the provision by the licensee of an 9
activity stated in the licence for persons on the licensed premises. 10
`(2) The authority under an on-premises (other activity) licence to sell or 11
supply liquor does not apply unless a business is conducted on the licensed 12
premises with the primary purpose as mentioned in subsection (1). 13
of authority to sell liquor under an on-premises (other 14
`Extension
activity) licence 15
`81. The chief executive may state in an on-premises (other activity) 16
licence that the licensee may, subject to the conditions the chief executive 17
states in the licence, sell liquor to or for persons on the licensed premises 18
genuinely attending a function relating to the activity as stated in the 19
licence.'. 20
of new s 81A 21
Insertion
Clause 50. Part 4, division 5, before section 82-- 22
insert-- 23
purpose of business under producer/wholesaler licence 24
`Primary
`81A.(1) The primary purpose of a business conducted under a 25
producer/wholesaler licence is either or both of the following-- 26
(a) the production and wholesale sale on the licensed premises of 27
liquor made on the licensed premises; 28
s 51 40 s 52
Liquor Amendment
(b) the wholesale sale on the licensed premises of liquor. 1
`(2) The authority under a producer/wholesaler licence to sell or supply 2
liquor does not apply unless a business is conducted on the licensed 3
premises with a primary purpose as mentioned in subsection (1).'. 4
of s 83 (Restriction on grant of producer/wholesaler 5
Amendment
licence) 6
Clause 51. Section 83, from `that the primary purpose'-- 7
omit, insert-- 8
`the business to be conducted under the licence on the licensed premises 9
will have a primary purpose as mentioned in section 81A(1).'. 10
of s 84 (Restriction on sale of liquor under producer/ 11
Amendment
wholesaler licence) 12
Clause 52.(1) Section 84(1)(c)-- 13
omit. 14
(2) Section 84(1)(d) and (e), before `another State or a Territory'-- 15
insert-- 16
`the Commonwealth,'. 17
(3) Section 84(1)-- 18
insert-- 19
`(f) a person who purchases the liquor for export; or 20
(g) a person who purchases the liquor for stock in a duty free store; 21
or 22
(h) a person who purchases the liquor to provide it for consumption 23
on ships or aircraft on international journeys; or 24
(i) a person who purchases the liquor to provide it at Government 25
House, or at a foreign embassy or consulate, as part of official 26
activities at the place; or 27
(j) a person who purchases the liquor for a religious entity for 28
sacramental purposes.'. 29
s 53 41 s 53
Liquor Amendment
(4) Section 84(2)-- 1
omit, insert-- 2
`(2) The holder of a producer/wholesaler licence who is a producer of 3
liquor may-- 4
(a) sell the licensee's liquor and liquor for which the licensee is a 5
wholesaler to a visitor to the licensed premises for consumption 6
on the premises in association with the visitor eating a meal in a 7
part of the premises ordinarily set aside for dining if the meal is 8
prepared, served and intended to be eaten on the premises; and 9
(b) sell the licensee's liquor, for consumption on or off the licensed 10
premises, to a visitor to the licensed premises, if the liquor is sold 11
as a souvenir of the visit.'. 12
(5) Section 84(4), after `(Cwlth)'-- 13
insert-- 14
`in relation to the sale by the licensee of the licensee's liquor'. 15
(6) Section 84-- 16
insert-- 17
`(5) In this section-- 18
"licensee's liquor" means liquor produced on the premises to which the 19
licence relates.'. 20
of new s 84A 21
Insertion
Clause 53. Part 4, division 6, before section 85-- 22
insert-- 23
purpose of business under club licence 24
`Primary
`84A.(1) The primary purpose of a business conducted under a club 25
licence is the provision of facilities and services to the club's members and 26
the achievement of the club's objects. 27
`(2) The authority under a club licence to sell or supply liquor does not 28
apply unless a business is conducted on the licensed premises with the 29
primary purpose as mentioned in subsection (1).'. 30
s 54 42 s 54
Liquor Amendment
of s 85 (Authority of club licence) 1
Amendment
Clause 54.(1) Section 85(1)(a)(v), `40'-- 2
omit, insert-- 3
`15'. 4
(2) Section 85(1)(a)(vi), `and'-- 5
omit, insert-- 6
`or'. 7
(3) Section 85(1)(a)-- 8
insert-- 9
`(vii)for a club that is a RSL or Services Club--a defence member for 10
consumption on the premises; and'. 11
(4) Section 85-- 12
insert-- 13
`(1A) Despite subsection (1)(a)(vi), if the chief executive states in a club 14
licence that the licensed premises include particular premises (the "other 15
premises") that the club owns or has a legal right to occupy and the other 16
premises may be used on an infrequent basis for an event, the club licence 17
authorises the licensee to sell liquor within a defined area on the other 18
premises for the event for consumption within the defined area stated in the 19
licence if-- 20
(a) the sale is during ordinary trading hours for the club licence to 21
members of the public attending the event on the other premises; 22
and 23
(b) the event is the playing of a sport or game for which the club is 24
established; and 25
26
Example of sport or game for which a club is established--
27
If a rugby union club is established but the club allows other clubs
28
to use its premises for bridge or darts, or encourages the rugby union
29
club's members to play those games, the rugby union club is
30
established for rugby union and not other sports or games (like
31
bridge or darts) that may be played on its premises.
(c) the club is catering for the event on the other premises; and 32
s 55 43 s 55
Liquor Amendment
(d) at least 14 days before the date of the event, the club gives written 1
notice about the event to the police officer in charge of the locality 2
in which the event is to be held. 3
4
Example for subsection (1A)--
5
A football club may have premises with an adjacent field in 1 suburb that are
6
used on a weekly basis for training and regular games. The club may also own
7
a second field in another suburb which is used a few times a year for the club's
8
games. The chief executive may state in the club licence that the licensed
9
premises includes defined areas at 1 or both fields. The club licence authorises
10
the club to sell liquor within the defined areas.
`(1B) For subsection (1A), the area of the other premises defined in the 11
licence forms part of the licensee's licensed premises for the period the 12
licensee is authorised to sell liquor on the other premises. 13
`(1C) Despite section 84A(1), a club licence does not authorise the sale 14
or supply of liquor from a facility ordinarily known as a drive-in or drive 15
through bottle shop.'. 16
(5) Section 85(2), `subsection (1)'-- 17
omit, insert-- 18
`subsections (1) and (1A)'. 19
(6) Section 85(5)-- 20
insert-- 21
` "defence member" means any of the following persons in possession of 22
a current service identity card-- 23
(a) a member of the Permanent Naval Forces, the Australian Regular 24
Army, the Regular Army Supplement or the Permanent Air 25
Force; 26
(b) a member of the Emergency Forces or the Reserve Forces who is 27
rendering continuous full-time service.'. 28
of s 86 (Restrictions on grant of club licence) 29
Amendment
Clause 55. Section 86(1)(a)-- 30
omit, insert-- 31
`(a) the business to be conducted under the club licence on the licensed 32
s 56 44 s 58
Liquor Amendment
premises will have a primary purpose as mentioned in 1
section 84A(1); and'. 2
of s 87 (Restriction on sale of liquor for consumption off 3
Omission
premises) 4
Clause 56. Section 87-- 5
omit. 6
of new s 92 7
Insertion
Clause 57. Part 4, division 8, before section 93-- 8
insert-- 9
purpose of a business under a special facility licence 10
`Primary
`92.(1) The primary purpose of a business conducted under a special 11
facility licence is the provision of an activity, facility or presentation that-- 12
(a) provides enlightenment, entertainment or services to the public; or 13
(b) forms part of the tourist development of the State. 14
`(2) The authority under a special facility licence to sell or supply liquor 15
does not apply unless a business is conducted on the licensed premises with 16
a primary purpose as mentioned in subsection (1).'. 17
of s 94 (Restriction on grant of special facility licence) 18
Amendment
Clause 58.(1) Section 94(1), from `the sale of liquor'-- 19
omit, insert-- 20
`the chief executive is satisfied the business to be conducted under the 21
licence on the licensed premises will have a primary purpose as mentioned 22
in section 92(1).'. 23
(2) Section 94-- 24
insert-- 25
`(3) Also, the chief executive must not grant a special facility licence to a 26
s 59 45 s 61
Liquor Amendment
person for premises the chief executive reasonably considers are, or are to 1
be, used primarily as a supermarket.'. 2
of new s 94A 3
Insertion
Clause 59. Part 4, division 9, before section 95-- 4
insert-- 5
purpose of a business under a limited licence 6
`Primary
`94A.(1) The primary purpose of a business conducted under a limited 7
licence is the provision of an activity, matter or service to which the sale of 8
liquor is a subsidiary aspect. 9
`(2) The authority under a limited licence to sell or supply liquor does not 10
apply unless a business is conducted on the licensed premises with a 11
primary purpose as mentioned in subsection (1).'. 12
of s 96 (Restriction on grant of limited licence) 13
Amendment
Clause 60. Section 96-- 14
insert-- 15
`(2) Also, the chief executive must not grant a limited licence to a person 16
for premises the chief executive reasonably considers are, or are to be, used 17
primarily as a supermarket.'. 18
of s 97 (Available permits) 19
Amendment
Clause 61.(1) Section 97(c) and (d)-- 20
renumber as section 97(d) and (e). 21
(2) Section 97-- 22
insert-- 23
`(c) a catering away permit;'. 24
s 62 46 s 62
Liquor Amendment
of s 103 (Restriction on grant of extended hours permit) 1
Replacement
Clause 62. Section 103-- 2
omit, insert-- 3
on grant of extended hours permit 4
`Restriction
`102A. The chief executive must not grant an extended hours permit that 5
would purport to authorise the sale of liquor at any time on Good Friday, 6
Christmas Day or Anzac Day, otherwise than as prescribed by section 9. 7
for an extended hours permit on a regular basis that 8
`Application
includes trading between 5 a.m. and 7 a.m. 9
`102B.(1) This section applies to-- 10
(a) an application for an extended hours permit that, if granted, would 11
extend trading hours on a regular basis to include trading between 12
5 a.m. and 7 a.m.; and 13
(b) an application for the renewal of the extended hours permit. 14
`(2) The chief executive must-- 15
(a) give a copy of the application to the local government for the area 16
in which the licensed premises are situated; and 17
(b) ask the local government to give the chief executive written 18
recommendations and written reasons for the recommendations, 19
within a stated reasonable period, about the application; and 20
(c) have regard to the local government's recommendations and 21
reasons received within the stated reasonable period and, to the 22
fullest extent practicable and consistent with this Act's objects, 23
adopt the recommendations in deciding the application. 24
`(3) The extended hours permit, or any renewal of the extended hours 25
permit, must be for a period stated in the permit or renewal of not more than 26
6 months. 27
`(4) An extended hours permit may be renewed more than once. 28
`(5) This section does not limit the application of any other section that 29
applies to an application for an extended hours permit, or renewal of an 30
s 62 47 s 62
Liquor Amendment
extended hours permit, that would extend trading hours on a regular basis, 1
including, for example, sections 116, 118, 121 and 121A.8 2
application for an extended hours permit that includes trading 3
`Other
between 5 a.m. and 7 a.m. 4
`102C.(1) This section applies to an application for an extended hours 5
permit that would result in trading hours that include trading between 5 a.m. 6
and 7 a.m., other than an application to which section 102B applies. 7
`(2) The chief executive must not grant the application, unless-- 8
(a) the extension of the trading hours is restricted to a time coinciding 9
with an event the chief executive reasonably considers to be a 10
special event; and 11
(b) the special event-- 12
(i) happens in the locality in which the licensed premises are 13
situated; or 14
(ii) is, in the chief executive's opinion, of particular significance 15
or special interest to the regular patrons of the licensed 16
premises. 17
18
Example of special events--
19
Premier sporting fixtures.
`(3) This section does not limit the application of any other section that 20
applies to an application for an extended hours permit that would not extend 21
trading hours of licensed premises on a regular basis, including, for 22
example, section 110.9 23
8 Sections 116 (Public interest relevant to applications), 118 (Advertisement of
applications), 121 (Conference of concerned persons and decision by chief
executive) and 121A (Renewal of permits for extension of hours beyond 3 a.m.)
9 Section 110 (Application for grant of extended hours permit not on regular basis)
s 62 48 s 62
Liquor Amendment
12A--Catering away permits for public events 1
`Division
for div 12A 2
`Definitions
`102D. In this division-- 3
"licence" means each of the following types of licences for which the 4
authority under the licence is extended to allow the sale of liquor on 5
premises that are not the licence's main premises-- 6
(a) general licence; 7
(b) residential licence; 8
(c) on-premises licence; 9
(d) limited licence. 10
"main premises" means licensed premises described in a licence. 11
"private event" means an event or occasion, held at premises other than 12
main premises, if-- 13
(a) the event or occasion is not publicly advertised or is not open to 14
the public or casual attendance; or 15
(b) attendance at the event or occasion is restricted by personal 16
invitation of the function's host; or 17
(c) admission to the event or occasion does not involve paying a fee 18
for admission, or for entertainment or services provided at the 19
event or occasion. 20
21
Examples of a private event--
22
A 21st birthday party, boardroom lunch, company cocktail party and
23
wedding.
"public event", in relation to a licensee, means an event or occasion held at 24
premises other than the licensee's main premises, that is not a private 25
event. 26
27
Examples of a public event--
28
A festival, public ball, race meeting and rock concert.
s 62 49 s 62
Liquor Amendment
to obtain a permit for selling or supplying liquor at public 1
`Licensee
events 2
`102E.(1) A licensee who proposes to sell or supply liquor at a public 3
event under the licence must apply for the grant of a catering away permit to 4
sell or supply the liquor at the public event. 5
`(2) Without limiting section 105,10 an application must-- 6
(a) describe the area where the liquor will be sold or supplied and 7
consumed and the area where any catering to be provided by the 8
licensee will take place; and 9
(b) be accompanied by a proposed event management plan for the 10
public event stating all matters about which the chief executive is 11
to be satisfied under section 102F(1). 12
on grant of catering away permit 13
`Restriction
`102F.(1) The chief executive must not grant a catering away permit for a 14
public event unless the chief executive is satisfied about all of the 15
following-- 16
(a) the licensee would, in catering for the public event, be complying 17
with the primary purpose of the business conducted under the 18
licence; 19
(b) premises in which liquor may be sold, supplied and consumed at 20
the public event are properly defined and will be appropriately 21
monitored; 22
(c) the public event will not create any undue annoyance, disturbance 23
or inconvenience to residents of the locality in which the public 24
event is to be held; 25
(d) the public event will not create an unsafe or unhealthy 26
environment for persons employed at and attending the public 27
event or residents of the locality in which the public event is to be 28
held; 29
(e) appropriate planning for the public event has been carried out with 30
the police service and local government for the area in which the 31
10 Section 105 (Requirements for applications)
s 63 50 s 63
Liquor Amendment
public event is to be held; 1
(f) the proposed event management plan satisfactorily provides for 2
any other matter required under a regulation. 3
`(2) Subsection (1)(a) does not apply to an application for a catering away 4
permit to extend the authority of a residential licence. 5
`(3) The chief executive must not grant a catering away permit for a 6
public event that would purport to authorise the sale of liquor at any time on 7
Good Friday or Christmas Day or before 1.00 p.m. on Anzac Day. 8
in catering away permit forms part of licensed premises 9
`Area
`102G. The area defined in a catering away permit for a public event 10
forms part of the licensee's licensed premises for the period the licensee is 11
authorised to sell or supply liquor at the public event under the catering 12
away permit. 13
of catering away permit 14
`Authority
`103.(1) Subject to this Act, a catering away permit authorises the 15
permittee to sell or supply liquor-- 16
(a) at the public event stated in the permit; and 17
(b) at the times on the day or days stated in the permit; and 18
(c) subject to the conditions stated in the permit. 19
`(2) The authority of a catering away permit extends to the sale or supply 20
of liquor for consumption within the defined area at the public event, stated 21
in the permit.'. 22
of s 103G (Authority of adult entertainment permit) 23
Amendment
Clause 63.(1) Section 103G(1)(b)-- 24
omit, insert-- 25
`(b) during the hours stated in the permit.'. 26
(2) Section 103G(2)-- 27
omit. 28
s 64 51 s 65
Liquor Amendment
(3) Section 103G(3)-- 1
renumber as section 103G(2). 2
of new s 103K 3
Insertion
Clause 64. Part 4, division 13A-- 4
insert-- 5
on grant of adult entertainment permit 6
`Restriction
`103K.(1) The chief executive must not grant an adult entertainment 7
permit that would relate to premises at which a public event or private event 8
is to be held other than for-- 9
(a) if the applicant is a licensee--the main premises under the licence; 10
or 11
(b) if the applicant is the holder of a general purpose permit or 12
restricted club permit--the premises to which the permit relates. 13
`(2) In this section, including in the definitions "public event" and 14
"private event" as applying for this section-- 15
"main premises" means licensed premises described in a licence other 16
than-- 17
(a) a detached bottle shop; or 18
(b) for a club licence--premises mentioned in section 85(1A).11'. 19
of s 104 (Additional time for consumption or removal of 20
Amendment
liquor) 21
Clause 65. Section 104(2)-- 22
omit. 23
11 Section 85 (Authority of club licence)
s 66 52 s 67
Liquor Amendment
of s 105 (Requirements for applications) 1
Amendment
Clause 66. Section 105-- 2
insert-- 3
`(2) The chief executive may, by written notice given to an applicant, 4
require the applicant to give the chief executive further information or a 5
document about the application within the reasonable time, not less than 6
30 days, stated in the notice. 7
`(3) The requirement must relate to information or a document that the 8
chief executive reasonably considers is necessary to help the chief executive 9
decide the application and reasonable for the applicant to provide. 10
`(4) The application is taken to be withdrawn by the applicant if-- 11
(a) the chief executive has given the applicant a notice under 12
subsection (2) requiring the applicant to give the chief executive 13
further information or a document about the application; and 14
(b) the applicant has failed to comply with the requirement within the 15
time stated in the notice unless the applicant provides the chief 16
executive with an excuse for the failure that the chief executive 17
considers to be a reasonable excuse.'. 18
of new s 107AA 19
Insertion
Clause 67. After section 107-- 20
insert-- 21
executive may impose conditions on licences and permits 22
`Chief
`107AA. The chief executive may impose conditions on licences and 23
permits-- 24
(a) to ensure appropriate compliance with this Act; or 25
(b) to give effect to an agreement about the management of premises 26
that has resulted from a conference held under section 121 12 or a 27
decision of the Tribunal.'. 28
12 Section 121 (Conference of concerned persons and decision by chief executive)
s 68 53 s 70
Liquor Amendment
of s 109 (Nominees) 1
Amendment
Clause 68.(1) Section 109(1)(a), `body corporate'-- 2
omit, insert-- 3
`corporation'. 4
(2) Section 109(1)(d)-- 5
renumber as section 109(1)(c). 6
(3) Section 109(4) and (5)-- 7
omit. 8
of s 110 (Application for grant of extended hours permit 9
Amendment
not on regular basis) 10
Clause 69.(1) Section 110(2), `assistant commissioner for'-- 11
omit, insert-- 12
`police officer in charge of'. 13
(2) Section 110(3), `Assistant Commissioner'-- 14
omit, insert-- 15
`police officer'. 16
of s 112 (Procedure for variation by chief executive) 17
Amendment
Clause 70. Section 112-- 18
insert-- 19
`(2) This section does not apply to a variation of a licence for a 20
disciplinary action relating to the licence under section 137A.13'. 21
13 Section 137A (Decision about disciplinary action)
s 71 54 s 72
Liquor Amendment
of new s 113A 1
Insertion
Clause 71. After section 113-- 2
insert-- 3
of licence or permit held for or on behalf of unincorporated 4
`Transfer
association 5
`113A.(1) This section applies if-- 6
(a) a person holds a licence or permit for or on behalf of an 7
unincorporated association; and 8
(b) the association becomes incorporated. 9
`(2) The licensee and the incorporated association must, within 3 months 10
after the association is incorporated, apply to the chief executive for the 11
licence to be transferred to the incorporated association.'. 12
of s 116 (Public need relevant to applications) 13
Amendment
Clause 72.(1) Section 116, heading, `need'-- 14
omit, insert-- 15
`interest'. 16
(2) Section 116(2)-- 17
omit, insert-- 18
`(2) The applicant must satisfy the chief executive that it is in the public 19
interest for the application to be granted.'. 20
(3) Section 116(3), from `reasonable' to `subsection (2)'-- 21
omit, insert-- 22
`public interest'. 23
(4) Section 116(3)(d)-- 24
omit. 25
(5) Section 116(3)(e)-- 26
renumber as section 116(3)(d). 27
s 73 55 s 73
Liquor Amendment
(6) Section 116(4)-- 1
omit, insert-- 2
`(4) In deciding the public interest relating to an application, the chief 3
executive must take into account information about the matters mentioned in 4
subsection (3) and must also have regard to-- 5
(a) the existing and projected population and demographic trends in 6
the locality; and 7
(b) the number of persons residing in, resorting to or passing through 8
the locality, and their respective expectations; and 9
(c) the likely health and social impacts that granting the application 10
would have on the population of the locality; and 11
(d) an assessment of the magnitude, duration and probability of the 12
occurrence of the health and social impacts; and 13
(e) the proximity of the proposed licensed premises to identified 14
sub-communities within the locality, including, for example, 15
schools and places of worship, and the likely impact on those 16
sub-communities; and 17
(f) other information the chief executive considers relevant to the 18
reasonable requirements of the public for liquor and related 19
services in the locality; and 20
(g) the objects of the Act as mentioned in section 3 and the 21
underlying principle of this Act as mentioned in section 3A.'. 22
of s 118 (Advertisement of applications) 23
Amendment
Clause 73.(1) Section 118(1)(b)-- 24
omit, insert-- 25
`(b) a detached bottle shop;'. 26
(2) Section 118(1)(d)-- 27
renumber as section 118(1)(e). 28
s 73 56 s 73
Liquor Amendment
(3) Section 118(1)-- 1
insert-- 2
`(d) an adult entertainment permit, other than a one-off permit or 3
subsequent permit;'. 4
(4) Section 118(2)(b), `on the premises to which the application 5
relates'-- 6
omit. 7
(5) Section 118(3)-- 8
omit, insert-- 9
`(2A) For subsection (2)(b), the sign must be displayed-- 10
(a) if the land on which the premises to which the application relates 11
has only 1 road frontage--conspicuously, on the front alignment 12
of the land or on the premises, at street level and in a way that 13
ensures it is clearly visible to the passing public; and 14
(b) if the land on which the premises to which the application relates 15
has more than 1 road frontage--conspicuously, on the land or on 16
the premises, at street level and in a way that ensures it is clearly 17
visible to the passing public on each road frontage. 18
`(3) The chief executive may-- 19
(a) waive or vary the publication and display requirements for an 20
application if the chief executive is satisfied that publication and 21
display under subsection (2) is not necessary because of the 22
remote location of the premises or other special circumstances; or 23
(b) vary the display requirements for an application, including by 24
requiring the applicant to comply with other requirements, if the 25
chief executive is satisfied that display under subsection (2) is not 26
appropriate having regard to the specific nature of the location.'. 27
(4) Section 118(6) and (7)-- 28
omit, insert-- 29
`(6) In deciding whether to require an application for an adult 30
entertainment permit to be advertised, that is an application for a one-off 31
permit or subsequent permit, the chief executive must have regard to-- 32
s 74 57 s 75
Liquor Amendment
(a) for a one-off permit--whether the frequency, location, size or 1
timing of the adult entertainment may cause some community 2
concern; and 3
(b) for a subsequent permit--whether a previous adult entertainment 4
permit exists or has lapsed or whether there are specific problems 5
relating to the locality of the licensed premises, including, for 6
example, the use of the premises for adult entertainment, or the 7
behaviour of persons entering or leaving the premises, may cause 8
undue annoyance or disturbance to persons living or working or 9
doing business in the neighbourhood of the premises. 10
`(7) In this section-- 11
"one-off permit" means an adult entertainment permit for a term of less 12
than 4 days. 13
"subsequent permit" means an adult entertainment permit relating to a 14
person for premises if the person was, within the preceding 6 months 15
of the date of the application for the subsequent permit, previously the 16
holder of an adult entertainment permit for the premises, other than a 17
one-off permit.'. 18
of s 118A (Submissions on public need) 19
Amendment
Clause 74.(1) Section 118A, heading, `need'-- 20
omit, insert-- 21
`interest'. 22
(2) Section 118A(1), from `about--'-- 23
omit, insert-- 24
`about the matters to which the chief executive must have regard under 25
section 116.'. 26
of s 119 (Objection to grant of applications) 27
Amendment
Clause 75.(1) Section 119(3), after `objection'-- 28
insert-- 29
`about an application, other than an application for an adult entertainment 30
s 76 58 s 76
Liquor Amendment
permit,'. 1
(2) Section 119(4)-- 2
renumber as section 119(5). 3
(3) Section 119-- 4
insert-- 5
`(4) The grounds on which an objection about an application for an adult 6
entertainment permit may be made are that, if the application were 7
granted-- 8
(a) undue annoyance, disturbance or inconvenience to persons who 9
reside, work or do business in the locality, or to persons in, or 10
travelling to or from, an existing or proposed place of public 11
worship, hospital or school or other facility or place regularly 12
frequented by children for cultural or recreational activities is 13
likely to happen; or 14
(b) the amenity, quiet or good order of the locality concerned would 15
be lessened in some way.'. 16
of s 121 (Conference of concerned persons and decision 17
Amendment
by chief executive) 18
Clause 76.(1) Section 121(5)(a)-- 19
omit, insert-- 20
`(a) if a conference was held and agreement was reached under 21
subsection (4)--make a decision consistent with the agreed terms; 22
or 23
(ab) if a conference was held but agreement was not reached under 24
subsection (4)--grant the application; or'. 25
(2) Section 121(5)(f), after `permit'-- 26
insert-- 27
`or adult entertainment permit'. 28
s 77 59 s 77
Liquor Amendment
of ss 123 and 124 1
Replacement
Clause 77. Sections 123 and 124-- 2
omit, insert-- 3
executive may grant provisional licence 4
`Chief
`123.(1) This section applies if-- 5
(a) the chief executive assesses an application for a licence, including, 6
for example, the primary purpose of a business to be conducted 7
under the proposed licence and the requirements of section 107 14 8
in relation to the application; and 9
(b) a development approval has been given under the Integrated 10
Planning Act 1997 for the use of the land on which the proposed 11
premises will be situated for licensed premises; and 12
(c) the chief executive would grant the application if a building or 13
structure forming part of the proposed premises-- 14
(i) were completed under the law relating to carrying out 15
building work; or 16
(ii) were approved or certified as required by law for use as 17
licensed premises and, if the case requires it, for conduct in 18
the premises of a business for which the licence was sought. 19
`(2) The chief executive may grant the application provisionally and issue 20
a provisional licence subject to a condition that the applicant produces 21
evidence of the completion of the building work or approval or certification 22
as required by law, as mentioned in subsection (1)(c). 23
`(3) The provisional licence must state-- 24
(a) the evidence the applicant is required to produce; and 25
(b) that if the applicant produces the stated evidence to the satisfaction 26
of the chief executive within a stated reasonable time, not more 27
than 1 year, the applicant is entitled to a stated licence; and 28
(c) that if the applicant does not produce the stated evidence within 29
the stated time, the applicant's provisional licence will be 30
cancelled. 31
14 Section 107 (Restriction on grant of licence or permit)
s 77 60 s 77
Liquor Amendment
executive may grant authority to trade for staged development 1
`Chief
`123A.(1) This section applies if-- 2
(a) the chief executive assesses an application for a licence, including, 3
for example, the primary purpose of a business to be conducted 4
under the proposed licence and the requirements of section 107 in 5
relation to the application; and 6
(b) the construction or alteration of the proposed premises is to be 7
completed in stages and 1 or more of the stages has been 8
completed; and 9
(c) the business to be conducted in a completed stage meets the 10
primary purpose under the proposed licence and has been 11
approved or certified as required by law for use as licensed 12
premises and, if the case requires it, for conduct in the premises 13
of a business for which the licence was sought; and 14
(d) the chief executive would grant the application if all the stages of 15
the construction or alteration of the premises were completed. 16
`(2) The chief executive may grant the application provisionally and issue 17
an approval (a "staged development approval") subject to a condition that 18
the applicant produces evidence of the completion of the remaining stages of 19
the construction or alteration of the premises. 20
`(3) The staged development approval must state-- 21
(a) the evidence the applicant is required to produce before the 22
application for the licence will be granted; and 23
(b) the part of the premises in which the applicant is authorised to 24
operate the business the subject of the application until the licence 25
is granted; and 26
(c) that if the applicant produces the stated evidence within a stated 27
reasonable time, not more than 1 year, the applicant is entitled to a 28
stated licence. 29
licence or staged development approval 30
`Provisional
`123B.(1) A provisional licence or staged development approval remains 31
in force for-- 32
s 77 61 s 77
Liquor Amendment
(a) the stated reasonable time from the day on which it is granted; or 1
(b) if no time is stated in the approval, 1 year from the day on which 2
it is granted. 3
`(2) The chief executive may renew a provisional licence, for a period of 4
not more than 1 year, if the chief executive reasonably considers there are 5
special circumstances for the applicant not producing the evidence stated in 6
the licence within the stated time, including, for example, delays in 7
completing the proposed premises because of adverse weather conditions. 8
`(3) A provisional licence can not be renewed more than once. 9
`(4) The chief executive may, after considering a matter to which the 10
chief executive may have regard in making a decision to grant a licence of 11
the type the subject of a staged development approval, renew the approval 12
for a period of not more than 1 year. 13
`(5) A staged development approval may be renewed more than once. 14
of provisional licence 15
`Effect
`123C.(1) A provisional licence in relation to an application for a licence 16
does not give the applicant authority to operate the business the subject of 17
the application until the licence is granted. 18
`(2) If, while a provisional licence is in force, the holder of the licence 19
produces the evidence stated in the licence to the satisfaction of the chief 20
executive, the chief executive must grant the appropriate licence. 21
`(3) If the holder of a provisional licence does not produce the evidence 22
stated in the licence within the time stated in the licence, the chief executive 23
must cancel the provisional licence. 24
`(4) The cancellation of a provisional licence takes effect despite another 25
provision of this Act. 26
of staged development approval 27
`Effect
`124.(1) A staged development approval in relation to an application for a 28
licence authorises the applicant to sell and supply liquor as if-- 29
(a) the approval were the licence the subject of the application; and 30
s 78 62 s 78
Liquor Amendment
(b) the part of the premises stated in the approval in which the 1
applicant is authorised to operate the business the subject of the 2
application were licensed premises; and 3
(c) the applicant were the licensee. 4
`(2) If, while a staged development approval is in force, the holder of the 5
approval produces the evidence stated in the staged development approval, 6
the chief executive must grant the appropriate licence.'. 7
of s 125 (Temporary licence) 8
Amendment
Clause 78.(1) Section 125, heading, `licence'-- 9
omit, insert-- 10
`authority'. 11
(2) Section 125(3)-- 12
renumber as section 125(5). 13
(3) Section 125-- 14
insert-- 15
`(3) If the licence for the licensed premises is a general licence, the chief 16
executive may grant temporary authority even though part of the business 17
that is the primary purpose under the licence can not be conducted in the 18
premises that are the subject of the authority. 19
20
Example of subsection (3)--
21
If a hotel is destroyed by fire but there is a detached bottle shop covered by the
22
licence, the temporary authority may be given for the detached bottle shop
23
even thought the hotel is not able to operate or can not be rebuilt for a period of
24
time.
`(4) A temporary authority may be-- 25
(a) granted for 1 term stated in the authority, but not longer than 26
2 years; and 27
(b) extended for a term or terms, each of which is not longer than 28
2 years, if the chief executive is satisfied there are special 29
circumstances for not restoring the premises within the original 30
term or the most recent extension of the term, including, for 31
s 79 63 s 80
Liquor Amendment
example-- 1
(i) continuing investigations about the destruction of the 2
premises; or 3
(ii) difficulties in obtaining development approval for rebuilding 4
the premises.'. 5
of s 128 (Liability of licensees in certain cases) 6
Amendment
Clause 79.(1) Section 128(a), `body corporate'-- 7
omit, insert-- 8
`corporation'. 9
(2) Section 128(b)-- 10
omit, insert-- 11
`(b) for or on behalf of an unincorporated association, and the licensee 12
is absent from the management and supervision of the business 13
conducted under authority of the licence--each of the members of 14
the association's management committee is subject to the same 15
liabilities under this Act as a licensee.'. 16
of s 129 (Applications to continue trading in certain 17
Amendment
circumstances) 18
Clause 80. Section 129-- 19
insert-- 20
`(4) Also, each of the following persons may apply to the chief executive 21
to conduct the business of a club licence if the person is in possession of the 22
licensed premises and the application states, in detail, the way in which the 23
person will continue trading under the club licence for the benefit of the 24
club-- 25
(a) an owner or mortgagee of the licensed premises who has, under 26
section 44A(2),15 given the chief executive particulars of the 27
15 Section 44A (Owner, lessee, mortgagee and secured creditors to give particulars
to chief executive)
s 81 64 s 83
Liquor Amendment
person's interest in the licence; 1
(b) an owner of a financial interest in the trading of the licensed 2
premises who has, under section 44A(2), given the chief 3
executive particulars of the person's interest in the licence.'. 4
of s 131A (Decision by chief executive on application to 5
Amendment
continue trading in certain circumstances) 6
Clause 81. Section 131A-- 7
insert-- 8
`(3A) If the application is made by a person as mentioned in 9
section 129(4), the maximum period for an authority given under 10
subsection (2) is not for more than 6 months after the date of the 11
application.'. 12
of s 132 (Discharge of licensee or permittee from 13
Amendment
obligations) 14
Clause 82.(1) Section 132, after `by order'-- 15
insert-- 16
`, do all or any of the following' 17
(2) Section 132(d), `and'-- 18
omit. 19
of s 133 (Request to surrender) 20
Amendment
Clause 83. Section 133(3)(b)-- 21
omit, insert-- 22
`(b) must be accompanied or supported by-- 23
(i) the consent of all mortgagees or lessees of the licensed 24
premises, or part of the licensed premises, who have given 25
s 84 65 s 84
Liquor Amendment
the chief executive particulars under section 44A;16 and 1
(ii) enough information to enable the chief executive to decide 2
the application, including the information prescribed under a 3
regulation for this subparagraph; and'. 4
of new ss 134A134C 5
Insertion
Clause 84. After section 134-- 6
insert-- 7
for taking relevant action relating to adult entertainment 8
`Ground
permit 9
`134A. The chief executive may take a relevant action relating to an adult 10
entertainment permit on the ground that the person who holds the permit is 11
no longer a suitable person to provide adult entertainment. 12
cause notice 13
`Show
`134B. If the chief executive considers, on reasonable grounds, that a 14
person who holds an adult entertainment permit is no longer a suitable 15
person to provide adult entertainment, the chief executive must give the 16
person a written notice that-- 17
(a) states the relevant action relating to the adult entertainment permit 18
that the chief executive proposes to take; and 19
(b) states the grounds for the relevant action; and 20
(c) states an outline of the facts and circumstances forming the basis 21
for the grounds; and 22
(d) invites the person to show within a stated period, not less than 23
14 days after the notice is given to the person, why the relevant 24
action should not be taken. 25
16 Section 44A (Owner, lessee, mortgagee and secured creditors to give particulars
to chief executive)
s 85 66 s 85
Liquor Amendment
about relevant action relating to adult entertainment permit 1
`Decision
`134C.(1) After considering any representations made by the person who 2
holds the adult entertainment permit, the chief executive may-- 3
(a) if the chief executive still considers there is a ground to take the 4
relevant action relating to the adult entertainment permit--take the 5
relevant action; or 6
(b) if the chief executive no longer believes a ground exists to take the 7
relevant action--take no further action about the show cause 8
notice. 9
`(2) Within 7 days after the chief executive makes a decision under 10
subsection (1), the chief executive must give written notice of the decision to 11
the licensee. 12
`(3) Also, if the chief executive decides to take the relevant action the 13
notice under subsection (2) must state-- 14
(a) the reasons for the decision; and 15
(b) the licensee may appeal to the Tribunal against the decision within 16
28 days after the licensee receives notice of the decision.'. 17
of ss 136 and 137 18
Replacement
Clause 85. Sections 136 and 137-- 19
omit, insert-- 20
`Subdivision 3--Disciplinary action relating to licences 21
for disciplinary action 22
`Grounds
`136.(1) Each of the following is a ground for taking disciplinary action 23
relating to a licence-- 24
(a) the licensee has failed to-- 25
(i) comply with this Act; or 26
(ii) conduct a business on the licensed premises that is consistent 27
with the primary purpose of the licence; or 28
(iii) comply with a condition stated in the licence; or 29
s 85 67 s 85
Liquor Amendment
(iv) comply with an order of the chief executive or a requisition 1
of an investigator; 2
(b) the licensee is convicted of-- 3
(i) an offence against this Act; or 4
(ii) an offence under the Health Act 1937 or the Food Act 1981 5
involving licensed premises or liquor; or 6
(iii) an offence the chief executive considers indicates the 7
licensee's unsuitability to hold the licence; 8
(c) the licensee has, at a material time, employed or engaged in the 9
business conducted under authority of the licence a person 10
convicted of 1 of the following offences committed in the course 11
of the business being carried on-- 12
(i) an offence against this Act; 13
(ii) an offence under the Health Act 1937 or the Food Act 1981 14
involving licensed premises or liquor; 15
(d) the licensee has obtained the licence by fraud or false 16
representation; 17
(e) the licensee or any nominee relating to the licensed premises, is 18
not a fit and proper person to conduct business under authority of 19
the licence; 20
(f) the licensee has ceased to conduct business on the licensed 21
premises; 22
(g) the licensee holds the licence for the benefit, wholly or partially, of 23
a person to whom the chief executive would not grant the licence 24
if application were to be made by the person; 25
(h) the use of the licensed premises, or the behaviour of persons 26
entering or leaving the premises-- 27
(i) is causing undue annoyance or disturbance to persons-- 28
(A) living, working or doing business in the neighbourhood 29
of the premises; or 30
(B) conducting or attending religious services in the 31
neighbourhood of the premises; or 32
s 85 68 s 85
Liquor Amendment
(ii) is causing disorderly conduct in, or in the neighbourhood of, 1
the premises. 2
for taking disciplinary action in relation to licence 3
`Procedure
`137.(1) If the chief executive considers, on reasonable grounds, there is 4
a ground to take disciplinary action relating to a licence (the "proposed 5
action"), the chief executive must give the licensee a written notice that 6
states the following-- 7
(a) the proposed action; 8
(b) the grounds for the proposed action; 9
(c) an outline of the facts and circumstances forming the basis for the 10
grounds; 11
(d) if the proposed action includes suspending the licence--the 12
proposed suspension period; 13
(e) if the proposed action includes closing the licensed premises for a 14
stated period--the proposed closure period; 15
(f) if the proposed action includes varying the licence--the proposed 16
condition to which the licence is to be subject or the other way in 17
which the authority conferred by the licence is to be limited; 18
(g) if the proposed action includes disqualifying the licensee from 19
holding a licence or permit--the proposed disqualification period; 20
(h) if the proposed action includes requiring the licensee to pay the 21
department an amount--the proposed amount; 22
(i) an invitation to the licensee-- 23
(i) to show, by a stated day that is at least 28 days after the 24
notice is given (the "last day for representations"), why 25
the proposed action should not be taken; and 26
(ii) to make submissions about the proposed action; 27
(j) how representations by the licensee about the proposed action 28
may be made. 29
`(2) The chief executive must also give to each interested person relating 30
to the licence, at least 28 days before the show cause period ends, written 31
s 85 69 s 85
Liquor Amendment
notice that-- 1
(a) states the matters mentioned in subsection (1)(a) to (h); and 2
(b) invites the interested person to make representations, in the way 3
stated in the notice, about the proposed action before the last day 4
for representations. 5
about disciplinary action 6
`Decision
`137A.(1) If, after considering any representations made, the chief 7
executive still considers there is a ground to take disciplinary action relating 8
to the licence, the chief executive may decide to-- 9
(a) if the proposed action was other than suspension or 10
cancellation--take the proposed action or another form of 11
disciplinary action, other than suspension or cancellation of the 12
licence; or 13
(b) if the proposed action was to suspend the licence--suspend the 14
licence, for not longer than the proposed suspension period or 15
take another form of disciplinary action, other than cancellation of 16
the licence; or 17
(c) if the proposed action was to cancel the licence--either cancel the 18
licence or take another form of disciplinary action. 19
`(2) If the chief executive decides to take disciplinary action other than the 20
proposed action or part of the proposed action, the chief executive must, as 21
soon as practicable after making the decision, give the licensee and each 22
interested person to whom notice of the proposed action was given, a 23
further notice stating the following-- 24
(a) the form of disciplinary action the chief executive proposes to 25
take; 26
(b) the reasons for the decision; 27
(c) the licensee and interested persons may make submissions to the 28
chief executive in the way and within the time stated in the notice. 29
`(3) For subsection (2)(c), the time stated in the notice must not be less 30
than 7 days after the licensee and interested persons are given the notice. 31
`(4) If, after considering any representations made about the further 32
s 85 70 s 85
Liquor Amendment
notice, the chief executive still considers there is a ground to take 1
disciplinary action relating to the licence, the chief executive may decide to 2
take the disciplinary action. 3
`(5) More than 1 type of disciplinary action relating to a licence may be 4
taken against the licensee under this section. 5
`(6) In this section-- 6
"proposed action" see section 137(1). 7
to be given about chief executive's decision 8
`Notice
`137B.(1) Within 10 days after the chief executive makes a decision 9
under section 137A(1) or (4) relating to proposed disciplinary action relating 10
to a licence, the chief executive must give written notice of the decision to-- 11
(a) the licensee; and 12
(b) each interested person to whom notice of the proposed action was 13
given. 14
`(2) However, subsection (1) does not apply to a decision made under 15
section 137A(1) if the chief executive decides to take disciplinary action 16
other than the proposed action or part of the proposed action and gives the 17
licensee and each interested person a notice under section 137A(2). 18
`(3) If the chief executive decides to take the proposed action under 19
section 137A(1) or other disciplinary action under section 137A(4), the 20
notice must state-- 21
(a) the reasons for the decision; and 22
(b) the licensee may appeal to the Tribunal against the decision within 23
28 days after the person receives notice of the decision. 24
`(4) The decision takes effect on the later of-- 25
(a) the day the notice is given to the licensee; or 26
(b) the day of effect stated in the notice. 27
`(5) However, if disciplinary action is taken relating to the licence because 28
of a conviction-- 29
(a) the disciplinary action does not take effect until-- 30
s 85 71 s 85
Liquor Amendment
(i) the end of the time to appeal against the conviction; or 1
(ii) if an appeal is made against the conviction--the appeal is 2
finally decided; and 3
(b) the disciplinary action has no effect if the conviction is quashed. 4
suspension 5
`Urgent
`137C.(1) This section applies if the chief executive believes, on 6
reasonable grounds-- 7
(a) a ground exists for taking disciplinary action in relation to a 8
licence; and 9
(b) harm may be caused to members of the public if urgent action to 10
suspend the licence is not taken. 11
`(2) The chief executive may immediately suspend the licence (an 12
"urgent suspension") by written notice given to the licensee, stating-- 13
(a) the licence is suspended; and 14
(b) the reasons for the urgent suspension; and 15
(c) the licensee may appeal to the Tribunal against the urgent 16
suspension within 28 days after the licensee is given the notice. 17
`(3) The urgent suspension takes effect immediately the notice is given to 18
the licensee. 19
`(4) At the same time as the chief executive gives the licensee the notice, 20
the chief executive must give the licensee a notice under section 137(1). 21
`(5) The urgent suspension continues until the first of the following 22
happens-- 23
(a) the chief executive revokes it; 24
(b) the chief executive, under section 137B(1), gives the licensee 25
notice of the chief executive's decision under section 137A(1) or 26
(4); 27
(c) the end of 60 days after the notice under subsection (2) was given 28
to the licensee. 29
s 86 72 s 88
Liquor Amendment
payable as a debt due to the State 1
`Amount
`137D.(1) This section applies if the chief executive decides to take 2
disciplinary action relating to a licence and the action requires the licensee to 3
pay an amount to the department. 4
`(2) Any amount unpaid becomes a debt due and payable to the State 5
28 days after the day notice of the chief executive's decision is given to the 6
licensee under section 137B. 7
4--Effect of suspension of licence or permit and other 8
`Subdivision
matter'. 9
of s 143 (Particulars to be displayed on premises) 10
Amendment
Clause 86. Section 143(1), `50 mm'-- 11
omit, insert-- 12
`15 mm'. 13
of s 147 (Consumption or removal contrary to licence or 14
Amendment
permit) 15
Clause 87. Section 147(2), after `permittee'-- 16
insert-- 17
`, or an employee or agent of the licensee or permittee,'. 18
of s 148 (Gratuitous supply of liquor) 19
Amendment
Clause 88.(1) Section 148, after `permittee'-- 20
omit, insert-- 21
`, or an employee or agent of the licensee or permittee,'. 22
(2) Section 148(d), after `approval'-- 23
insert-- 24
`for a particular event or occasion'. 25
s 89 73 s 90
Liquor Amendment
of s 150 (Notification of change in controlling interest in 1
Amendment
licensee) 2
Clause 89.(1) Section 150, `body corporate'-- 3
omit, insert-- 4
`corporation'. 5
(2) Section 150-- 6
insert-- 7
`(2) The holder of a special facility licence, that is the subject of an 8
approval by the chief executive as mentioned in section 153(3), must give 9
the chief executive written notice of the following changes within 14 days 10
after the change-- 11
(a) a change in the letting or subletting of part of the licensed 12
premises; 13
(b) a change in the letting or subletting of the right to sell liquor; 14
(c) a change in the franchise or management agreement for part of the 15
licensed premises; 16
(d) a change in the beneficial ownership of the controlling interest in 17
any lessee, sublessee, franchisee or holder of management rights, 18
under the chief executive's approval. 19
Maximum penalty for subsection (2)--100 penalty units.'. 20
of s 152 (Prohibition on other use of premises) 21
Amendment
Clause 90.(1) Section 152(1)-- 22
insert-- 23
`Maximum penalty--25 penalty units.'. 24
(2) Section 152(2), `The holder of a general licence'-- 25
omit, insert-- 26
`A licensee'. 27
s 91 74 s 92
Liquor Amendment
of s 154 (Alteration and maintenance of licensed 1
Amendment
premises) 2
Clause 91.(1) Section 154, heading-- 3
omit, insert-- 4
`Alteration etc. and maintenance of licensed premises'. 5
(2) Section 154(1) and (2)-- 6
omit, insert-- 7
`154.(1) The owner, licensee or other person in control of licensed 8
premises must not, without the chief executive's approval, alter, rebuild, 9
change or increase the area of the licensed premises. 10
Maximum penalty--25 penalty units. 11
`(2) For subsection (1)-- 12
(a) in giving an approval, the chief executive must have regard to the 13
business that is the primary purpose conducted under the licence; 14
and 15
(b) a change in the area includes not using a part of the licensed 16
premises as if the part were not licensed premises.'. 17
of new ss 154A and 154B 18
Insertion
Clause 92. After section 154-- 19
insert-- 20
of detached bottle shops 21
`Relocation
`154A.(1) This section applies if-- 22
(a) under a general licence the licensee has authority to sell or supply 23
liquor on a detached bottle shop; and 24
(b) the licensee proposes to relocate the detached bottle shop. 25
`(2) The licensee must apply to the chief executive for approval for the 26
relocation. 27
`(3) In deciding the application, the chief executive must have regard to 28
whether or not the applicant should be required to advertise the application 29
s 92 75 s 92
Liquor Amendment
under section 118. 1
`(4) The chief executive may approve the application only if the chief 2
executive is satisfied the detached bottle shop is to be relocated to another 3
place within the same shopping precinct. 4
`(5) If the detached bottle shop is to be relocated more than the distance 5
prescribed under a regulation from the main licensed premises, the chief 6
executive must refuse the application. 7
`(6) Subsection (5) does not apply if the detached bottle shop-- 8
(a) operates under an approval granted by the chief executive before 9
2 December 1994; or 10
(b) operates under an approval granted by the chief executive on or 11
after 2 December 1994 that authorises the detached bottle shop to 12
be located more than the distance prescribed under a regulation 13
from the main licensed premises. 14
`(7) If the chief executive approves the application, the chief executive 15
must adjust the licence to ensure it describes the licensed premises after the 16
relocation of the detached bottle shop. 17
of certain premises 18
`Transfer
`154B.(1) This section applies if-- 19
(a) the licensee under a general licence (the "first licensee") has 20
authority to sell or supply liquor on a detached bottle shop; and 21
(b) the first licensee proposes to transfer the detached bottle shop to 22
another licensee of a general licence (the "second licensee"). 23
`(2) The first and second licensees must make a joint application to the 24
chief executive for approval of the transfer. 25
`(3) The chief executive must refuse the application if-- 26
(a) the detached bottle shop is more than the distance prescribed 27
under a regulation from the main licensed premises of the second 28
licensee; or 29
(b) there are 3 detached bottle shops under the authority of the general 30
licence of the second licensee. 31
s 93 76 s 94
Liquor Amendment
`(4) In deciding the joint application, the chief executive must have regard 1
to the matters prescribed under a regulation. 2
`(5) If the chief executive approves the joint application, the chief 3
executive must adjust the licences of the first licensee and second licensee to 4
ensure each licence describes its licensed premises after the transfer of the 5
detached bottle shop.'. 6
of s 155 (Minors on premises) 7
Amendment
Clause 93. Section 155(3)-- 8
omit, insert-- 9
`(3) Also, an employee or agent of the licensee or permittee must not 10
allow a minor to enter the premises to which the licence or permit relates. 11
`(3A) If a minor is on the premises, each of the following persons 12
commits an offence-- 13
(a) the licensee or permittee; 14
(b) if another person is in control of the premises--the other person; 15
(c) if an employee or agent of the licensee or permittee allowed the 16
minor to enter the premises--the employee or agent. 17
Maximum penalty--100 penalty units.'. 18
of s 155AA (Minors must not be in approved area when 19
Amendment
adult entertainment being provided) 20
Clause 94.(1) Section 155AA(2), `the approved area'-- 21
omit, insert-- 22
`an approved area'. 23
(2) Section 155AA(2), penalty, `for subsection (2)'-- 24
omit. 25
(3) Section 155AA-- 26
insert-- 27
`(3) To remove doubt, it is declared that a minor can not be in an 28
s 95 77 s 96
Liquor Amendment
approved area in the capacity of a performer of adult entertainment.'. 1
of s 162 (Taking liquor onto or away from premises 2
Amendment
subject to on-premises licence) 3
Clause 95. Section 162(2)(a)-- 4
omit, insert-- 5
`(a) if the liquor is wine, the wine was supplied to the person on the 6
premises lawfully under the licence as authorised under 7
section 73A(b); or'. 8
of s 187 (Abatement of nuisance or dangerous activity) 9
Amendment
Clause 96.(1) Section 187(1)(a)(i)-- 10
omit, insert-- 11
`(i) an unreasonable noise; or'. 12
(2) Section 187(2)(a), `that is no longer a nuisance'-- 13
omit, insert 14
`so that it is no longer an unreasonable noise'. 15
(3) Section 187-- 16
insert-- 17
`(2A) In deciding whether to give a written notice under subsection (2), 18
the investigator must have regard to the following-- 19
(a) the order of occupancy between the licensee or permittee and any 20
complainant; 21
(b) any changes in the licensed premises and the premises occupied 22
by any complainant, including, for example, structural changes to 23
the premises; 24
(c) any changes in the activities conducted on the licensed premises 25
over a period of time.'. 26
(3) Section 187(5)-- 27
insert-- 28
s 97 78 s 100
Liquor Amendment
` "unreasonable noise" means noise that exceeds limits prescribed under a 1
regulation.'. 2
of ss 193196 3
Omission
Clause 97. Sections 193 to 196-- 4
omit. 5
of new s 221 6
Insertion
Clause 98. Part 9, division 2-- 7
insert-- 8
of pt 9, div 2 9
`Expiry
`221. This division expires 1 year after the commencement of this 10
section.'. 11
of s 226 (Contravention of conditions of licences etc.) 12
Amendment
Clause 99. Section 226, penalty-- 13
omit, insert-- 14
`Maximum penalty--40 penalty units.'. 15
of new s 232 16
Insertion
Clause 100. After section 231B-- 17
insert-- 18
proceedings for offences 19
`Summary
`232.(1) Proceedings for an offence against this Act are to be taken in a 20
summary way under the Justices Act 1886. 21
`(2) A proceeding must start-- 22
(a) within 1 year after the commission of the offence; or 23
s 101 79 s 104
Liquor Amendment
(b) within 6 months after the offence comes to the complainant's 1
knowledge, but within 2 years after the commission of the 2
offence.'. 3
of s 235 (Regulations) 4
Amendment
Clause 101.(1) Section 235(2)-- 5
insert-- 6
`(k) the requirements for event management plans for the conduct of 7
public events; and 8
(l) the requirements for management plans for the conduct of an 9
establishment under an adult entertainment permit; and 10
(m) the limits for noise coming from licensed premises.'. 11
(2) Section 235(3)(b), `10'-- 12
omit, insert-- 13
`40'. 14
of s 238 (Completion of proceedings in the Court) 15
Amendment
Clause 102. Section 238-- 16
insert-- 17
`(7) This section stops applying on 30 June 2003.'. 18
of s 238A (Disposal of applications for removal) 19
Amendment
Clause 103. Section 238A-- 20
insert-- 21
`(3) This section stops applying on 30 June 2003.'. 22
of s 239 (Termination of Court) 23
Amendment
Clause 104. Section 239-- 24
insert-- 25
s 105 80 s 106
Liquor Amendment
`(2) If the Court has not ceased to exist under subsection (1) by 30 June 1
2003, it ceases to exist on that day.'. 2
of s 241 (Disposal of applications made to Commission) 3
Amendment
Clause 105. Section 241-- 4
insert-- 5
`(4) This section stops applying on 30 June 2003.'. 6
of new pt 12, div 3 7
Insertion
Clause 106. After section 258-- 8
insert-- 9
`Division 3--Transitional provisions for Liquor Amendment Act 2000 10
provision for Tribunal 11
`Transitional
`259.(1) This section applies to an appeal started, but not decided, before 12
the commencement of this section. 13
`(2) The appeal is to be heard in the same way as it would have been if 14
the Liquor Amendment Act 2000 had not commenced. 15
provision for certain general licences 16
`Transitional
`260.(1) This section applies to a licence that-- 17
(a) immediately before the commencement of section 24317 was a 18
spirit merchant's (retail) licence and after the commencement of 19
that section continued as a general licence that authorised only the 20
sale of liquor for consumption off the premises; and 21
(b) was in force immediately before the commencement of this 22
section. 23
17 Section 243 (Continuance of existing licences)
s 106 81 s 106
Liquor Amendment
`(2) For section 58A(1),18 the primary purpose of the business conducted 1
under the general licence is taken to be only selling liquor for consumption 2
off the premises. 3
`(3) Subsection (2) applies despite section 58A(3). 4
provision for applications under pt 5 5
`Transitional
`261.(1) This section applies to an application made under part 5, but not 6
decided, before the commencement of this section. 7
`(2) Subject to subsections (3) and (4), the application must be decided as 8
if the Liquor Amendment Act 2000 had not commenced. 9
`(3) Section 105(2) to (4)19 applies to the application as if the application 10
had been made after the commencement of that section. 11
`(4) If the application is an application for an extended hours permit that 12
includes trading between 5 a.m. and 7 a.m., section 102B or 102C20 applies 13
to the application as if the application had been made after the 14
commencement of that section. 15
provision for temporary authority 16
`Transitional
`262.(1) This section applies to a temporary authority granted before the 17
commencement of this section that continues after the commencement. 18
`(2) To remove doubt, it is declared that the temporary authority may be 19
extended under section 125(4)(b) 21 as if the authority were an authority 20
granted after the commencement. 21
18 Section 58A (Primary purpose of a business conducted under a general licence)
19 Section 105 (Requirements for applications)
20 Section 102B (Application for an extended hours permit on a regular basis that
includes trading between 5 a.m. and 7 a.m.) or 102C (Other application for an
extended hours permit that includes trading between 5 a.m. and 7 a.m.)
21 Section 125 (Temporary authority)
s 106 82 s 106
Liquor Amendment
of notices under s 187 1
`Continuation
`263.(1) This section applies if, immediately before the commencement 2
of this section, a written notice under section 187(2)22 was in force for 3
licensed premises in relation to noise coming from the premises or a utility 4
area for the premises. 5
`(2) On and after the commencement, the notice continues to have effect 6
as if the noise were unreasonable noise under section 187(5) and the notice 7
had been issued after the commencement. 8
of s 85(1C) in relation to club licences 9
`Effect
`264. Section 85(1C) has effect in relation to a club licence even if, before 10
the commencement of this section, the holder of the licence could lawfully 11
sell or supply liquor from a facility ordinarily known as a drive-in or drive 12
through bottle shop. 13
of licences 14
`Review
`265.(1) The chief executive must review every licence that is in force on 15
the commencement of this section to ensure that-- 16
(a) the conditions to which the licence is subject are not inconsistent 17
with the current Act; and 18
(b) the licence is endorsed with all conditions considered by the chief 19
executive as appropriate to be decided and stated in the licence 20
consequent on the enactment of the Liquor Amendment Act 2000. 21
`(2) For reviewing a licence under subsection (1), the chief executive 22
may, by written notice to a licensee, direct the licensee to give the licence to 23
the chief executive within a stated reasonable time. 24
`(3) The licensee must comply with the notice unless the licensee has a 25
reasonable excuse. 26
Maximum penalty for subsection (3)--25 penalty units.'. 27
22 Section 187 (Abatement of nuisance or dangerous activity)
s 107 83 s 108
Liquor Amendment
to omit headings following cross references 1
Amendment
Clause 107.(1) This section applies to a section containing a cross reference to a 2
provision of the Act followed by the heading to the provision in round 3
brackets. 4
(2) The section is amended by omitting the brackets and the words in the 5
brackets. 6
of schedule (Rules of clubs) 7
Amendment
Clause 108.(1) Schedule, `92 of this Act'-- 8
omit, insert-- 9
`103D'. 10
(2) Schedule, paragraph (e)-- 11
omit. 12
(3) Schedule, paragraph (f)-- 13
renumber as paragraph (e). 14
15
84
Liquor Amendment
SCHEDULE 1
¡
CONSEQUENTIAL AND MINOR AMENDMENTS 2
section 3 3
1. Section 4C(2), `body corporate'-- 4
omit, insert-- 5
`corporation'. 6
2. Section 27, penalty, after `Maximum penalty'-- 7
insert-- 8
`for subsection (2)'. 9
3. Section 29(a), `any of the members'-- 10
omit, insert-- 11
`the member, or any of the members,'. 12
4. Section 32(b), `fully"-- 13
omit. 14
5. Section 44, `Register of Licences and Permits'-- 15
omit, insert-- 16
`register'. 17
6. Section 46(1), `Register of Licences and Permits'-- 18
omit, insert-- 19
`register'. 20
85
Liquor Amendment
SCHEDULE (continued)
7. Section 59(4), `taken to be'-- 1
omit. 2
8. Section 66, `held in'-- 3
omit, insert-- 4
`held on'. 5
9. Part 4, division 4, subdivision 2, heading-- 6
omit, insert-- 7
`Subdivision 2--On-premises (function) licences'. 8
10. Part 4, division 4, subdivision 3, heading-- 9
omit, insert-- 10
`Subdivision 3--On-premises (cabaret) licences'. 11
11. Part 4, division 4, subdivision 4, heading-- 12
omit, insert-- 13
`Subdivision 4--On-premises (meals) licences'. 14
12. Part 4, division 4, subdivision 5, heading-- 15
omit, insert-- 16
`Subdivision 5--On-premises (transport) licences'. 17
13. Part 4, division 4, subdivision 6, heading-- 18
omit, insert-- 19
`Subdivision 6--On-premises (presentations) licences'. 20
86
Liquor Amendment
SCHEDULE (continued)
14. Section 88(5), penalty, `for subsection (5)'-- 1
omit. 2
15. Section 103D(4), penalty, `for subsection (4)'-- 3
omit. 4
16. Section 106(1), `body corporate'-- 5
omit, insert-- 6
`corporation'. 7
17. Section 107(2), `body corporate'-- 8
omit, insert-- 9
`corporation'. 10
18. Section 107B(1)(d), `body corporate'-- 11
omit, insert-- 12
`corporation'. 13
19. Section 113(2), from `to'-- 14
omit, insert-- 15
`to the Gaming Machine Act 1991, section 7823.'. 16
20. Section 117(1)(a), `and'-- 17
omit. 18
23 Gaming Machine Act 1991, section 78 (Certain applications under Liquor Act
1992 subject to chief executive's certificate)
87
Liquor Amendment
SCHEDULE (continued)
21. Section 121A(1)(a), `and'-- 1
omit. 2
22. Part 5, division 3, before section 133-- 3
insert-- 4
`Subdivision 1--Surrender of licences and permits'. 5
23. Part 5, division 3, before section 134-- 6
insert-- 7
`Subdivision 2--Cancellation, suspension and variation of permits'. 8
24. Section 134(3)(e), `body corporate'-- 9
omit, insert-- 10
`corporation'. 11
25. Section 141(2), penalty, after `Maximum penalty'-- 12
insert-- 13
`for subsection (2)'. 14
26. Section 142(2), penalty, after `Maximum penalty'-- 15
insert-- 16
`for subsection (2)'. 17
27. Part 6, division 1, heading, after `permittees,'-- 18
insert-- 19
`nominees,'. 20
88
Liquor Amendment
SCHEDULE (continued)
28. Section 155A, penalty, at the end of paragraph (a)-- 1
insert-- 2
`or'. 3
29. Section 156(3), penalty, at the end of paragraph (a)-- 4
insert-- 5
`or'. 6
30. Section 158(2), penalty, paragraph (a), `and'-- 7
omit, insert-- 8
`or'. 9
31. Section 158(4), `of a minor'-- 10
omit, insert-- 11
`, of a minor,'. 12
32. Section 175(4), penalty, from `, imprisonment'-- 13
omit, insert-- 14
`or 1 year's imprisonment.'. 15
33. Section 175(8), `, (b) and (c)'-- 16
omit, insert-- 17
`and (b)'. 18
34. Section 183A(1)(d), at the end of subparagraph (i)-- 19
insert-- 20
`or'. 21
89
Liquor Amendment
SCHEDULE (continued)
35. Section 187A(2)(b), `1997'-- 1
omit, insert-- 2
`2000'. 3
36. Section 203(1)(b)(i), `by regulation'-- 4
omit, insert-- 5
`under section 12'. 6
37. Section 203(1)(b)(ii), `paragraph'-- 7
omit, insert-- 8
`subparagraph'. 9
38. Section 203(2)(a) and (b), `or'-- 10
omit. 11
39. Section 204-- 12
omit. 13
40. Section 233(a), `Register of Licences and Permits kept under this 14
Act'-- 15
omit, insert-- 16
`register'. 17
41. Section 248(2), penalty, after `Maximum penalty'-- 18
insert-- 19
`for subsection (2)'. 20
21
90
Liquor Amendment
© State of Queensland 2000
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