Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LIQUOR AMENDMENT BILL
(No. 2) 1994
Queensland
LIQUOR AMENDMENT BILL (No. 2) 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF LIQUOR ACT 1992
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Insertion of new ss 4A and 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4A Meaning of "function" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4B Meaning of "liquor" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Replacement of s 5 (Who is a responsible adult in relation to a minor) . . 10
5 Who is a responsible adult for a minor . . . . . . . . . . . . . . . . . . . . . . . 10
7 Amendment of s 6 (Acceptable evidence of age) . . . . . . . . . . . . . . . . . . . . 10
8 Amendment of s 9 (Ordinary trading hours) . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Replacement of s 24 (Extent of supervision of Tribunal's exercise
of jurisdiction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
24 Supervision of Tribunal's exercise of jurisdiction . . . . . . . . . . . . . . . 13
10 Insertion of new s 29A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
29A Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Replacement of s 34 (Arranging the hearing of appeal) . . . . . . . . . . . . . . . 14
34 Arranging the hearing of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
12 Replacement of s 36 (Determination of appeal) . . . . . . . . . . . . . . . . . . . . . . 15
36 Powers of Tribunal on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
13 Replacement of s 41 (Tribunal's determination to be written and
reasoned) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
41 Tribunal's decision to be written and include reasons . . . . . . . . . . . 15
2
Liquor Amendment (No. 2)
14 Amendment of s 42 (Power of delegation) . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Insertion of new s 44A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
44A Owner, lessee, mortgagee and secured creditors to give
particulars to chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
16 Amendment of s 46 (Orders in respect of licensed premises) . . . . . . . . . . . 16
17 Omission of Pt 3, Div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Amendment of s 58 (Available licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Replacement of s 59 (Authority of general licence) . . . . . . . . . . . . . . . . . . 17
59 Authority of general licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 Amendment of s 62 (Authority of residential licence) . . . . . . . . . . . . . . . . . 18
21 Amendment of s 64 (Consumption of liquor on premises by
residents and guests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Amendment of s 65 (Consumption of liquor with meals) . . . . . . . . . . . . . . . 19
23 Amendment of s 68 (Authority of on-premises licence) . . . . . . . . . . . . . . . . 20
24 Insertion of new s 72A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
72A Restriction on sale and supply of liquor at cabarets . . . . . . . . . . . . . 20
25 Replacement of s 73 (Restriction on sale of liquor) . . . . . . . . . . . . . . . . . . . 21
73 Restriction on sale of liquor under on-premises licence . . . . . . . . . . 21
26 Amendment of Sdiv G (Railway refreshment rooms) . . . . . . . . . . . . . . . . . . 21
27 Insertion of new Subdivision heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
28 Amendment of s 83 (Restriction on grant of producer/wholesaler
licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Amendment of s 84 (Restriction on sale of liquor under
producer/wholesaler licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
30 Amendment of s 88 (Requirements of club and secretary) . . . . . . . . . . . . . 22
31 Omission of Pt 4, Div 7 (Restricted club licence) . . . . . . . . . . . . . . . . . . . . 23
32 Replacement of s 93 (Authority of special facility licence) . . . . . . . . . . . . 23
33 Replacement of s 95 (Authority of licence) . . . . . . . . . . . . . . . . . . . . . . . . . 24
95 Authority of limited licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
34 Amendment of s 103 (Restriction on grant of extended hours permit) . . . . 24
35 Amendment of Div 13 (Additional authority of licence and permit) . . . . . 24
36 Insertion of new Pt 4, Div 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 13--Restricted club permit
103A Authority of restricted club permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3
Liquor Amendment (No. 2)
103B Restriction on grant of restricted club permit and other
related matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
103C Duration of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
103D Requirements of club and secretary . . . . . . . . . . . . . . . . . . . . . . . . . . 26
37 Insertion of new s 109A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
109A Application for grant of extended hours permit . . . . . . . . . . . . . . . . . 27
38 Amendment of s 110 (Application for grant of extended hours permit) . . . 27
39 Amendment of s 111 (Variation of licence) . . . . . . . . . . . . . . . . . . . . . . . . . 28
40 Replacement of s 114 (Restriction on transfer of licence or permit) . . . . . 28
114 Restriction on transfer of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
41 Amendment of s 115 (Chief executive's responsibility on
application for transfer or franchising of a licence) . . . . . . . . . . . . . . . . . . . 29
42 Replacement of ss 116118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
116 Public need relevant to applications . . . . . . . . . . . . . . . . . . . . . . . . . 29
117 Advice about application etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
118 Advertisement of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
118A Submissions on public need . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
43 Replacement of ss 120 and 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
120 Requirements of objection by petition . . . . . . . . . . . . . . . . . . . . . . . . 33
121 Conference of concerned persons and decision by chief
executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
121A Renewal of permits for extension of hours beyond 3 a.m. . . . . . . . . 36
44 Replacement of s 129 (Executors etc. may conduct business) . . . . . . . . . . 36
129 Applications to continue trading in certain circumstances . . . . . . . 36
45 Replacement of s 131 (Continuance of trading in emergency) . . . . . . . . . . 37
131 Nominees when application to continue trading in certain
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
131A Decision by chief executive on application to continue
trading in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
131B Section 129 applicants may apply under s 113 . . . . . . . . . . . . . . . . . 39
46 Amendment of s 132 (Discharge of licensee or permittee from
obligations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
47 Amendment of s 134 (Cancellation and suspension of permits) . . . . . . . . . 39
48 Replacement of s 135 (Summary cancellation or suspension
under s 134) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
4
Liquor Amendment (No. 2)
135 Summary cancellation, suspension or variation . . . . . . . . . . . . . . . . 40
49 Amendment of s 136 (Cancellation of licences) . . . . . . . . . . . . . . . . . . . . . 40
50 Replacement of s 145 (Production of licence or permit) . . . . . . . . . . . . . . . 40
145 Keeping licence or permit at licensed premises . . . . . . . . . . . . . . . . 40
145A Production of licence or permit on request . . . . . . . . . . . . . . . . . . . . 40
145B Prohibition on sale to a minor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
51 Amendment of s 151 (Unlawful betting or gaming) . . . . . . . . . . . . . . . . . . . 41
52 Amendment of s 152 (Prohibition on other use of premises) . . . . . . . . . . . . 41
53 Replacement of s 153 (Subletting of licensed premises) . . . . . . . . . . . . . . . 41
153 Letting or subletting of licensed premises . . . . . . . . . . . . . . . . . . . . . 42
54 Replacement of s 154 (Alteration and maintenance of licensed
premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
154 Alteration and maintenance of licensed premises . . . . . . . . . . . . . . 42
55 Replacement of s 155 (Eviction of minors from premises) . . . . . . . . . . . . . 43
155 Minors on premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
56 Amendment of s 156 (Liquor prohibited to certain persons) . . . . . . . . . . . . 44
57 Replacement of s 157 (Prohibitions affecting minors) . . . . . . . . . . . . . . . . . 45
157 Prohibitions affecting minors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
58 Amendment of s 158 (False representation of age) . . . . . . . . . . . . . . . . . . . 45
59 Amendment of s 159 (Wrongful dealing with genuine evidence of age) . . 46
60 Replacement of s 162 (Taking liquor onto or away from premises
subject to on-premises licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
162 Taking liquor onto or away from premises subject to
on-premises licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
61 Amendment of s 172 (Offer to purchase liquor made elsewhere
than at licensed premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
62 Amendment of s 173C (Local authority may designate public
places where liquor may be consumed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
63 Amendment of s 173D (Local authority must advertise
designation and place signs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
64 Amendment of s 173E (Local authority must advertise repeal or
amendment of designation and remove or alter signs) . . . . . . . . . . . . . . . . . 48
65 Replacement of s 187 (Abatement of nuisance or dangerous activity) . . . 48
66 Replacement of ss 199 and 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
199 Elements of gross amount paid or payable for liquor . . . . . . . . . . . . 50
5
Liquor Amendment (No. 2)
200 Licence and assessment periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
67 Amendment of s 203 (Assessment of fees) . . . . . . . . . . . . . . . . . . . . . . . . . . 51
68 Amendment of s 205 (Filing of returns) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
69 Amendment of s 206 (Factors affecting assessment of fees) . . . . . . . . . . . . 52
70 Amendment of s 208 (Payment of fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
71 Amendment of s 209 (Suspension and cancellation for failure to
pay fee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
72 Amendment of s 210 (Appeal concerning failure to pay fee) . . . . . . . . . . . 53
73 Replacement of ss 211 and 212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
211 Powers of Tribunal on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
212 Reassessment of fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
74 Amendment of s 217 (Records to be kept by licensee) . . . . . . . . . . . . . . . . 56
75 Replacement of s 218 (Powers of examination by investigator) . . . . . . . . . 58
218 Powers of examination by investigator . . . . . . . . . . . . . . . . . . . . . . . 58
76 Replacement of Pt 9, Div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 2--Assessment and payment of premiums
219 Payment of premium for general licence and special
facility licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
220 Basis of calculation of premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
77 Replacement of s 231 (False or misleading statements or documents) . . . 60
231 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
231A False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . 60
231B Impersonation of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
78 Amendment of s 233 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 61
79 Amendment of s 235 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
80 Amendment of s 238 (Completion of proceedings in the Court) . . . . . . . . . 62
81 Insertion of new s 238A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
238A Disposal of applications for removal . . . . . . . . . . . . . . . . . . . . . . . . . 63
82 Amendment of s 239 (Termination of Court) . . . . . . . . . . . . . . . . . . . . . . . . 63
83 Amendment of s 242 (Table of corresponding licences) . . . . . . . . . . . . . . . 63
84 Insertion of new s 243A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
243A Variation of general licence (previously spirit merchant's
(retail) licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
6
Liquor Amendment (No. 2)
85 Amendment of s 244 (Continuance of existing permits) . . . . . . . . . . . . . . . 64
86 Amendment of s 247 (Review of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . 64
87 Insertion of new Pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART 12--TRANSITIONAL PROVISIONS FOR RESTRICTED
CLUB LICENCES
251 Object of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
252 Continuance of existing licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
88 Amendment of Schedule (Rules of Clubs) . . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART 3--AMENDMENT OF GAMING MACHINE ACT 1991
89 Amendment--Sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 67
CONSEQUENTIAL AMENDMENTS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 68
ACTS REVIEW AND OTHER MINOR AMENDMENTS
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 72
AMENDMENT OF GAMING MACHINE ACT 1991
1994
A BILL
FOR
An Act to amend the Liquor Act 1992, and for another purpose
s1 8 s4
Liquor Amendment (No. 2)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Liquor Amendment Act (No. 2) 1994. 4
5
Commencement
Clause 2.(1) Section 8(3), (4) and (7) (Amendment of s 9) commences on 6
1 December 1994. 7
(2) Sections 67(4) (Amendment of s 203(2)), 81 (Insertion of new 8
s 238A) and 82 (Amendment of s 239) are taken to have commenced on 9
1 July 1992. 10
(3) The remaining provisions commence on a day to be fixed by 11
proclamation. 12
PART 2--AMENDMENT OF LIQUOR ACT 1992 13
Act 14
Amended
Clause 3. This Part and Schedules 1 and 2 amend the Liquor Act 1992. 15
of s 4 (Interpretation) 16
Amendment
Clause 4.(1) Section 4, heading-- 17
omit, insert-- 18
`Definitions'. 19
s5 9 s5
Liquor Amendment (No. 2)
(2) Section 4, definitions "function" and "liquor"-- 1
omit. 2
(3) Section 4-- 3
insert-- 4
` "exempt minor" see section 155. 5
"function" see section 4A. 6
"liquor" see section 4B. 7
"member of a reciprocal club", in relation to a club with a club licence or 8
restricted club permit, means a member of another club whose 9
members have privileges at the club with the club licence or restricted 10
club permit because of arrangements between the clubs.'. 11
(4) Section 4, definition "investigator", `for a particular occasion'-- 12
omit. 13
of new ss 4A and 4B 14
Insertion
Clause 5. After section 4-- 15
insert-- 16
of "function" 17
`Meaning
`4A.(1) "Function" is an event or occasion to which persons are invited 18
by, or for, the organiser of the event or occasion. 19
`(2) However, "function" does not include an event or occasion 20
organised-- 21
(a) by the owner or licensee of the licensed premises where the event 22
or occasion is held if the event or occasion is for the owner's or 23
licensee's own benefit; or 24
(b) by someone else if the owner or licensee of the premises where 25
the event or occasion is held is entitled to receive a benefit other 26
than a charge for using the premises and providing catering 27
facilities. 28
s6 10 s7
Liquor Amendment (No. 2)
of "liquor" 1
`Meaning
`4B.(1) "Liquor" is a spiritous or fermented fluid of an intoxicating 2
nature intended for human consumption. 3
`(2) "Liquor" also includes any other substance intended for human 4
consumption in which the level of ethyl alcohol (ethanol) is more than 5
5mL/L (0.5%) at 20°C. 6
`(3) However, "liquor" does not include a fluid, that would otherwise be 7
liquor, if it is used merely as a preservative or medium in which fruit is 8
offered for sale to the public in sealed containers and with the contents 9
visible.'. 10
of s 5 (Who is a responsible adult in relation to a minor) 11
Replacement
Clause 6. Section 5-- 12
omit, insert-- 13
is a responsible adult for a minor 14
`Who
`5. Each of the following persons is a responsible adult for a minor-- 15
(a) a parent, step-parent or guardian of the minor; 16
(b) an adult who, while the minor is on licensed premises or in public 17
places, has parental rights and responsibilities for the minor.'. 18
of s 6 (Acceptable evidence of age) 19
Amendment
Clause 7. Section 6(a)(i)-- 20
omit, insert-- 21
`(i) a proof of age card issued to the person-- 22
(A) by a department prescribed by regulation or an entity of 23
another State or a Territory performing functions 24
similar to the functions of the department; or 25
(B) by an entity approved in writing by the chief executive; 26
or'. 27
s8 11 s8
Liquor Amendment (No. 2)
of s 9 (Ordinary trading hours) 1
Amendment
Clause 8.(1) Section 9(3)-- 2
omit, insert-- 3
`(3) On Anzac Day, ordinary trading hours-- 4
(a) of all licensed premises--do not include any period before 1 p.m. 5
on Anzac Day except-- 6
(i) for sale of liquor to a person to consume on the premises in 7
association with the consumer eating a meal in a part of the 8
premises ordinarily set aside for dining if the meal is 9
prepared, served and intended to be eaten on the premises; or 10
(ii) as specified in paragraph (b); 11
(b) of premises that are a cabaret--subject to subsection (2), include 12
the period from 12 midnight1 on the day immediately before 13
Anzac Day until 3 a.m. on Anzac Day'. 14
(2) Section 9(4)-- 15
omit, insert-- 16
`(4) Subject to subsections (2), (3) and (7), the ordinary trading hours of 17
licensed premises to which a producer/wholesaler licence relates are the 18
trading hours of the premises under the Trading (Allowable Hours) Act 19
1990.'. 20
(3) Section 9(5)(a)-- 21
omit, insert-- 22
`(a) for sale of liquor to a person to consume on the premises in 23
association with the consumer eating a meal in a part of the 24
premises ordinarily set aside for dining if the meal is prepared, 25
served and intended to be eaten on the premises--between 26
10 a.m. and 12 midnight, or the period between 7 a.m. and 27
12 midnight that the chief executive approves in a particular case; 28
or'. 29
1 "Midnight" is defined by the Acts Interpretation Act 1954 as follows--
"midnight" in relation to a particular day, means the point of time at which the
day ends.
s8 12 s8
Liquor Amendment (No. 2)
(4) Section 9(6)-- 1
omit, insert-- 2
`(6) Subject to subsection (2), on Good Friday and Christmas Day 3
ordinary trading hours of premises that are a cabaret are-- 4
(a) for sale of liquor to a person to consume on the premises in 5
association with the consumer eating a meal in a part of the 6
premises ordinarily set aside for dining if the meal is prepared, 7
served and intended to be eaten on the premises--between 8
10 a.m. and 12 midnight, or the period between 7 a.m. and 9
12 midnight that the chief executive approves in a particular case; 10
or 11
(b) for other sale of liquor--from 12 midnight on the day 12
immediately before Good Friday or Christmas Day until 3 a.m. 13
on Good Friday or Christmas Day'. 14
(5) Section 9(7)(a)-- 15
omit, insert-- 16
`(a) for sale of liquor, produced or made on the premises, to a person 17
to consume on the premises in association with the consumer 18
eating a meal in a part of the premises ordinarily set aside for 19
dining if the meal is prepared, served and intended to be eaten on 20
the premises; or'. 21
(6) Section 9(10)-- 22
omit, insert-- 23
`(10) Subject to subsections (2) and (3), on any day other than Good 24
Friday or Christmas Day, ordinary trading hours of licensed premises that 25
are a cabaret are-- 26
(a) for sale of liquor to a person to consume on the premises in 27
association with the consumer eating a meal in a part of the 28
premises ordinarily set aside for dining if the meal is prepared, 29
served and intended to be eaten on the premises--between 30
10 a.m. and 5 p.m. or the period between 7 a.m. and 5 p.m. that 31
the chief executive approves in a particular case; and 32
(b) for other sale of liquor--between 5 p.m. on the day and 3 a.m. on 33
the next day.'. 34
s9 13 s 10
Liquor Amendment (No. 2)
(7) Section 9-- 1
insert-- 2
`(13) The ordinary trading hours of licensed premises for New Year's 3
Eve day are the ordinary trading hours for the premises for the day and, if 4
the ordinary trading hours would end before 2 a.m. on New Year's Day, 5
the ordinary trading hours are extended until 2 a.m.'. 6
of s 24 (Extent of supervision of Tribunal's exercise of 7
Replacement
jurisdiction) 8
Clause 9. Section 24-- 9
omit, insert-- 10
of Tribunal's exercise of jurisdiction 11
`Supervision
`24.(1) A participant in a proceeding before the Tribunal, who is 12
dissatisfied with the Tribunal's decision in the proceeding, may appeal to 13
the Supreme Court against the decision on a ground of error of law. 14
`(2) The appeal must be made within 28 days of the date of the 15
Tribunal's decision. 16
`(3) If a question of law arises in a proceeding before the Tribunal, the 17
Tribunal may state a case for the Supreme Court's opinion-- 18
(a) on its own initiative; or 19
(b) on application made to the Tribunal by a participant in the 20
proceeding. 21
`(4) If the Supreme Court finds the Tribunal's decision is affected by 22
error of law, it may set aside the Tribunal's decision and remit the matter to 23
the Tribunal for decision in accordance with law.'. 24
of new s 29A 25
Insertion
Clause 10. Before section 30 in Part 2, Division 3-- 26
insert-- 27
28
`Definition
`29A. In this Division-- 29
s 11 14 s 11
Liquor Amendment (No. 2)
"submission" does not include a submission made under section 118A 1
(Submissions on public need).'. 2
of s 34 (Arranging the hearing of appeal) 3
Replacement
Clause 11. Section 34-- 4
omit, insert-- 5
the hearing of appeal 6
`Arranging
`34.(1) An appeal to the Tribunal is by a rehearing of the matter 7
unaffected by the decision appealed against. 8
`(2) Within 28 days after a notice of appeal is filed with the registrar of 9
the Tribunal, the appeal must be set down for hearing. 10
`(3) At least 3 days before the hearing of the appeal is to start, the 11
registrar must give written notice of the time and place of the hearing to the 12
following persons-- 13
(a) the appellant; 14
(b) the chief executive; 15
(c) as far as is practicable--each person whose name and address 16
have been given to the registrar under section 33 (Notification to 17
interested persons). 18
`(4) Each person mentioned in subsection (3)(a) to (c) is entitled-- 19
(a) to be heard personally at the hearing of the appeal; and 20
(b) with the leave of the Tribunal--to be represented by a solicitor or 21
counsel. 22
`(5) In deciding whether to grant leave under subsection (4)(b), the 23
Tribunal must consider-- 24
(a) whether complex questions of law may arise; and 25
(b) whether a party to the appeal may be disadvantaged by the 26
decision. 27
`(6) An appeal that has been properly started cannot be withdrawn or 28
abandoned without the Tribunal's leave.'. 29
s 12 15 s 14
Liquor Amendment (No. 2)
of s 36 (Determination of appeal) 1
Replacement
Clause 12. Section 36-- 2
omit, insert-- 3
of Tribunal on appeal 4
`Powers
`36.(1) In deciding an appeal, the Tribunal may-- 5
(a) confirm the chief executive's decision; or 6
(b) set aside the chief executive's decision, in whole or part, and-- 7
(i) substitute its decision; or 8
(ii) return the matter, in whole or part, to the chief executive with 9
the directions it considers appropriate. 10
`(2) The Tribunal may decide an appeal to remedy an injustice or adverse 11
effect the Tribunal considers was caused to the appellant by the chief 12
executive's decision even though someone failed to take, or properly to 13
take, an action required by this Act. 14
`(3) The Tribunal may make orders it considers appropriate to give effect 15
to its decision.'. 16
of s 41 (Tribunal's determination to be written and 17
Replacement
reasoned) 18
Clause 13. Section 41-- 19
omit, insert-- 20
decision to be written and include reasons 21
`Tribunal's
`41.(1) The Tribunal must make its decision on an appeal in writing. 22
`(2) The decision must include the Tribunal's reasons for the decision. 23
`(3) A copy of the decision must be given to each party to the appeal.'. 24
of s 42 (Power of delegation) 25
Amendment
Clause 14. Section 42(1), `the department'-- 26
s 15 16 s 16
Liquor Amendment (No. 2)
omit, insert-- 1
`a unit of the public sector'. 2
of new s 44A 3
Insertion
Clause 15. After section 44-- 4
insert-- 5
lessee, mortgagee and secured creditors to give particulars to 6
`Owner,
chief executive 7
`44A.(1) This section applies to-- 8
(a) an owner, lessee and mortgagee of licensed premises; and 9
(b) a secured creditor of the licensee whose interest is likely to be 10
affected by cancellation of the licence for the premises. 11
`(2) The persons mentioned in subsection (1) must give the chief 12
executive particulars sufficient to identify their interest in the licence within 13
28 days of-- 14
(a) acquiring the interest; or 15
(b) if the person holds the interest at the time the licence is 16
granted--the granting of the licence. 17
`(3) A person who has given particulars under subsection (2) of the 18
person's interest in a licence must give the chief executive notice that the 19
person no longer holds the interest within 28 days of ceasing to hold the 20
interest. 21
Maximum penalty for subsection (3)--1 penalty unit.'. 22
of s 46 (Orders in respect of licensed premises) 23
Amendment
Clause 16.(1) Section 46, heading-- 24
omit, insert-- 25
`Orders for licensed premises etc. 26
(2) Section 46(1)-- 27
omit, insert-- 28
s 17 17 s 19
Liquor Amendment (No. 2)
`46.(1) The chief executive may issue an order to a licensee, permittee, 1
nominee, owner or other person shown in the Register of Licences and 2
Permits as a person who has an interest in licensed premises, or premises to 3
which a restricted club permit relates, about-- 4
(a) altering the premises to make the premises suitable for the 5
conduct of business under authority of the licence or permit; or 6
(b) increasing or decreasing the area of the premises; or 7
(c) complying with laws about noise coming from the premises; or 8
(d) complying with laws about fire safety for the premises and 9
hygienic practices in the conduct of business under authority of 10
the licence or permit; or 11
(e) complying with this Act.'. 12
of Pt 3, Div 2 13
Omission
Clause 17. Part 3, Division 2-- 14
omit. 15
of s 58 (Available licences) 16
Amendment
Clause 18. Section 58(1)(f) to (h)-- 17
omit, insert-- 18
`(f) special facility licence; 19
(g) limited licence.'. 20
of s 59 (Authority of general licence) 21
Replacement
Clause 19. Section 59-- 22
omit, insert-- 23
of general licence 24
`Authority
`59.(1) A general licence authorises the licensee-- 25
(a) to sell liquor on the licensed premises, for consumption on or off 26
the premises, during ordinary trading hours or ordinary trading 27
s 20 18 s 20
Liquor Amendment (No. 2)
hours extended by an extended hours permit; and 1
(b) to sell liquor on the licensed premises, for consumption on or off 2
the premises, at any time to a resident on the premises; and 3
(c) to sell liquor on the licensed premises, for consumption on the 4
premises, at any time to a guest of a resident on the premises 5
while the guest is in the resident's company; and 6
(d) to sell liquor on premises approved by the chief executive for sale 7
of liquor under authority of the general licence, for 8
consumption-- 9
(i) off the premises; or 10
(ii) on the premises in the amount and in the circumstances 11
prescribed by regulation. 12
`(2) If the chief executive specifies in the licence, the authority of a 13
general licence extends to the sale of liquor off the licensed premises, for 14
consumption off the premises, while the licensee is catering for a function 15
if-- 16
(a) the sale is ancillary to the function at the place where the liquor is 17
consumed; and 18
(b) the liquor is sold for consumption by persons genuinely attending 19
the function. 20
`(3) The authority under subsection (1) or (2) is subject to this Act and 21
the conditions specified in a particular licence or extended hours permit. 22
`(4) Premises approved by the chief executive for sale of liquor under the 23
authority of a general licence are taken to be part of the licensed premises to 24
which the licence relates.'. 25
of s 62 (Authority of residential licence) 26
Amendment
Clause 20.(1) Section 62, `subject' to `permit'-- 27
omit. 28
(2) Section 62-- 29
insert-- 30
`(2) If the chief executive specifies in the licence, the authority of a 31
s 21 19 s 22
Liquor Amendment (No. 2)
residential licence extends to the sale of liquor on premises, other than the 1
licensed premises, for consumption on the other premises. 2
`(3) The authority under subsection (1) or (2) is subject to this Act and 3
the conditions specified in a particular licence or extended hours permit.'. 4
of s 64 (Consumption of liquor on premises by residents 5
Amendment
and guests) 6
Clause 21.(1) Section 64(1), after `consumption on the premises'-- 7
insert-- 8
`at any time other than ordinary trading hours, or ordinary trading hours 9
extended by an extended hours permit,'. 10
(2) Section 64(2)(a) and (b)-- 11
omit, insert-- 12
`(a) if the liquor is supplied to a person in a residential unit--must be 13
supplied only by personal room service at the resident's request; 14
and 15
(b) must be consumed in a residential unit, or a private dining room, 16
on the premises.'. 17
of s 65 (Consumption of liquor with meals) 18
Amendment
Clause 22.(1) Section 65, heading-- 19
omit, insert-- 20
`Consumption of liquor with meals or when meals are being served'. 21
(2) Section 65-- 22
insert-- 23
`(2) If the chief executive specifies in the licence, the authority of a 24
residential licence extends to the supply of liquor to persons on the premises 25
other than in association with the persons eating meals. 26
`(3) The number of persons who may at any time be supplied with liquor 27
under subsection (2) must not be more than 20% of the number of persons 28
s 23 20 s 24
Liquor Amendment (No. 2)
who can be seated to eat a meal in the part of the licensed premises 1
ordinarily set aside for dining.'. 2
of s 68 (Authority of on-premises licence) 3
Amendment
Clause 23.(1) Section 68, `, subject' to `permit'-- 4
omit. 5
(2) Section 68-- 6
insert-- 7
`(2) If the chief executive specifies in the licence, the authority of an 8
on-premises licence extends to the sale of liquor on premises other than the 9
licensed premises for consumption on the other premises. 10
`(3) The authority under subsection (1) or (2) is subject to this Act and 11
the conditions specified in a particular licence or extended hours permit.'. 12
of new s 72A 13
Insertion
Clause 24. After section 72, in Subdivision C-- 14
insert-- 15
on sale and supply of liquor at cabarets 16
`Restriction
`72A.(1) If the chief executive specifies in the licence, the authority of an 17
on-premises licence to sell liquor for consumption on licensed premises 18
used for the primary purpose of a cabaret extends to the sale and supply 19
during ordinary trading hours2, or ordinary trading hours extended by an 20
extended hours permit-- 21
(a) to or for persons genuinely attending a function on the premises; 22
or 23
(b) to persons on the premises other than in association with the 24
persons eating meals. 25
`(2) The number of persons who may at any time be supplied with liquor 26
under subsection (1)(b) must not be more than 20% of the number of 27
2 Section 9(10) sets out the ordinary trading hours of licensed premises that are a
cabaret.
s 25 21 s 27
Liquor Amendment (No. 2)
persons who can be seated to eat a meal in the part of the licensed premises 1
ordinarily set aside for dining.'. 2
of s 73 (Restriction on sale of liquor) 3
Replacement
Clause 25. Section 73-- 4
omit, insert-- 5
on sale of liquor under on-premises licence 6
`Restriction
`73.(1) The authority of an on-premises licence to sell liquor for 7
consumption on licensed premises used for the primary purpose of eating 8
meals prepared and served to be eaten on the premises-- 9
(a) is restricted to sale in association with the consumer eating a meal 10
on the premises; and 11
(b) if the chief executive specifies in the licence--may extend to sale 12
and supply-- 13
(i) to or for persons genuinely attending a function on the 14
premises; or 15
(ii) to persons on the premises other than in association with the 16
persons eating meals. 17
`(2) The number of persons who may at any time be supplied with liquor 18
under subsection (1)(b)(ii) must not be more than 20% of the number of 19
persons who can be seated to eat a meal in the part of the licensed premises 20
ordinarily set aside for dining.'. 21
of Sdiv G (Railway refreshment rooms) 22
Amendment
Clause 26. Subdivision G, heading, `Subdivision G'-- 23
omit, insert-- 24
`Subdivision H'. 25
of new Subdivision heading 26
Insertion
Clause 27. After section 77-- 27
insert-- 28
s 28 22 s 30
Liquor Amendment (No. 2)
`Subdivision G--Premises used for tourist attraction'. 1
of s 83 (Restriction on grant of producer/wholesaler 2
Amendment
licence) 3
Clause 28. Section 83(c)-- 4
omit, insert-- 5
`(c) supplying liquor wholesale to a person engaged in an activity to 6
which this Act is prescribed by regulation not to apply.'. 7
of s 84 (Restriction on sale of liquor under 8
Amendment
producer/wholesaler licence) 9
Clause 29.(1) Section 84(1)(d)-- 10
renumber as section 84(1)(e). 11
(2) Section 84(1)(c)-- 12
omit, insert-- 13
`(c) a person engaged in an activity mentioned in section 206(a) 14
(Factors affecting assessment of fees) if the sale is for the activity; 15
or 16
(d) a person authorised by a law of another State or a Territory or 17
foreign country to sell liquor, or the person's agent; or'. 18
(3) Section 84-- 19
insert-- 20
`(4) This section does not apply to the holder of a producer/wholesaler 21
licence who holds a brewery licence within the meaning of section 77A of 22
the Excise Act 1901 (Cwlth).'. 23
of s 88 (Requirements of club and secretary) 24
Amendment
Clause 30.(1) Section 88(2) (including penalty)-- 25
omit, insert-- 26
`(2) The regulations may prescribe amendments to which 27
s 31 23 s 32
Liquor Amendment (No. 2)
subsection (1)(b)(i) does not apply. 1
`(3) An amendment to which subsection (1)(b)(i) does not apply takes 2
effect as soon as it is adopted by the club. 3
`(4) Subsection (1)(d) does not apply to a person who is-- 4
(a) a minor; or 5
(b) a visitor mentioned in section 85(3) or (4) (Authority of club 6
licence). 7
`(5) A person must not make an entry in a register, or give information 8
to someone else to enter in a register, mentioned in subsection (1)(c) or (d) 9
that the person knows is false, misleading or incomplete in a material 10
particular. 11
Maximum penalty for subsection (5)--35 penalty units. 12
`(6) It is enough for a complaint against a person for an offence against 13
subsection (5) to state that the information entered was false, misleading or 14
incomplete to the person's knowledge.'. 15
of Pt 4, Div 7 (Restricted club licence) 16
Omission
Clause 31. Part 4, Division 7-- 17
omit. 18
of s 93 (Authority of special facility licence) 19
Replacement
Clause 32. Section 93-- 20
omit, insert-- 21
`Authority of special facility licence 22
`93.(1) A special facility licence authorises the licensee to sell liquor on 23
the licensed premises, for consumption on or off the premises, during the 24
times specified in the licence3. 25
3 Because of the nature of a special facility licence, there are no ordinary trading
hours.
s 33 24 s 35
Liquor Amendment (No. 2)
`(2) The authority under subsection (1) is subject to this Act and the 1
conditions that the chief executive has specified in the particular licence.'. 2
of s 95 (Authority of licence) 3
Replacement
Clause 33. Section 95-- 4
omit, insert-- 5
of limited licence 6
`Authority
`95.(1) A limited licence authorises the licensee, during the times 7
specified in the licence4-- 8
(a) to sell liquor on the licensed premises, for consumption on the 9
premises; or 10
(b) to sell liquor on the licensed premises, for consumption off the 11
premises, if the amount of each sale is not more than-- 12
(i) if the chief executive specified an amount in the licence--the 13
amount specified by the chief executive; or 14
(ii) in any other case--2L; or 15
(c) if the chief executive specified in the particular licence--to sell 16
liquor on premises other than the licensed premises for 17
consumption on the premises on which the liquor is sold. 18
`(2) The authority under subsection (1) is subject to this Act and the 19
conditions that the chief executive has specified in the particular licence.'. 20
of s 103 (Restriction on grant of extended hours permit) 21
Amendment
Clause 34. Section 103(2)-- 22
omit. 23
of Div 13 (Additional authority of licence and permit) 24
Amendment
Clause 35. Division 13, heading, `Division 13'-- 25
4 Because of the nature of a limited licence, there are no ordinary trading hours.
s 36 25 s 36
Liquor Amendment (No. 2)
omit, insert-- 1
`Division 14'. 2
of new Pt 4, Div 13 3
Insertion
Clause 36. After Part 4, Division 12-- 4
insert-- 5
`Division 13--Restricted club permit 6
of restricted club permit 7
`Authority
`103A.(1) A restricted club permit authorises the permittee to sell and 8
supply liquor on the premises to which the permit relates to the following 9
persons, for consumption on the premises-- 10
(a) a member of the club; 11
(b) a guest of a member of the club in the member's company; 12
(c) a member of a reciprocal club; 13
(d) a guest of a member of a reciprocal club in the member's 14
company. 15
`(2) The authority under subsection (1) is subject to this Act and the 16
conditions specified in the permit. 17
on grant of restricted club permit and other related 18
`Restriction
matters 19
`103B.(1) The chief executive may grant a restricted club permit only if 20
the chief executive is satisfied that the club is a non-proprietary club. 21
`(2) The chief executive must include the following matters in a restricted 22
club permit-- 23
(a) the times, totalling not more than 21 hours a week, for the sale of 24
liquor under the permit; 25
(b) the area to which the permit relates. 26
`(3) On application by the holder of a restricted club permit, the chief 27
s 36 26 s 36
Liquor Amendment (No. 2)
executive may extend the times specified in the permit for sale and 1
consumption of liquor for special occasions celebrated by the club. 2
`(4) The chief executive may extend the hours under subsection (3) by 3
not more than 10 hours a month. 4
of permit 5
`Duration
`103C. The chief executive may grant a restricted club permit for a 6
period of at least 3 months but no longer than 1 year. 7
of club and secretary 8
`Requirements
`103D.(1) A restricted club permit is subject to the following 9
conditions-- 10
(a) the rules of the club must comply with the Schedule, unless the 11
chief executive has given written permission to the club to vary 12
the rules; 13
(b) if an amendment of the rules of the club is adopted by the club-- 14
(i) within 14 days after adoption of the amendment, the club's 15
secretary must give the chief executive a certified copy of the 16
amendment; and 17
(ii) the amendment takes effect at the end of 28 days after the 18
chief executive receives the certified copy unless the chief 19
executive has disallowed the amendment by written notice 20
given to the club's secretary; 21
(c) the club's secretary must keep on the club premises a register 22
of-- 23
(i) the name and address of each club member; and 24
(ii) particulars of the most recent membership subscription paid 25
by the member; 26
(d) the club's secretary must keep on the club premises a register 27
of-- 28
(i) the name and current address of each guest of a member; 29
and 30
s 37 27 s 38
Liquor Amendment (No. 2)
(ii) the name of each member of a reciprocal club, on the 1
premises, and the name of the reciprocal club; and 2
(iii) the name and current address of each guest of a member of a 3
reciprocal club mentioned in subparagraph (ii); 4
(e) the club's secretary must keep the registers mentioned in 5
paragraphs (c) and (d) open for inspection by an investigator at 6
any time when the club is open. 7
`(2) The regulations may prescribe amendments to which 8
subsection (1)(b)(i) does not apply. 9
`(3) An amendment to which subsection (1)(b)(i) does not apply takes 10
effect as soon as it is adopted by the club. 11
`(4) A person must not make an entry in a register, or give information 12
to someone else to enter in a register, mentioned in subsection (1)(c) or (d), 13
that the person knows is false, misleading or incomplete in a material 14
particular. 15
Maximum penalty for subsection (4)--35 penalty units. 16
`(5) It is enough for a complaint against a person for an offence against 17
subsection (4) to state that the information entered was false, misleading or 18
incomplete to the person's knowledge.'. 19
of new s 109A 20
Insertion
Clause 37. After section 109-- 21
insert-- 22
for grant of extended hours permit 23
`Application
`109A. An applicant for a licence, or a licensee, may apply for an 24
extended hours permit for the premises that are, or are to be, the licensed 25
premises.'. 26
of s 110 (Application for grant of extended hours permit) 27
Amendment
Clause 38.(1) Section 110, heading-- 28
omit, insert-- 29
s 39 28 s 40
Liquor Amendment (No. 2)
`Application for grant of extended hours permit not on regular basis'. 1
(2) Section 110(1) to (3)-- 2
omit, insert-- 3
`110.(1) This section applies to an application for an extended hours 4
permit that would not extend the trading hours of licensed premises on a 5
regular basis. 6
`(2) An applicant for an extended hours permit must, at or about the time 7
the application is given to the chief executive, also give a copy of the 8
application to the Assistant Commissioner in charge of the Police Service in 9
the locality in which the relevant premises are situated. 10
`(3) The Assistant Commissioner may comment or object to the chief 11
executive about the application within 14 days of receiving the copy of the 12
application.'. 13
(3) Section 110(5)(a)-- 14
omit, insert-- 15
`(a) the previous conduct of the applicant in discharging any duties 16
under this Act previously placed on the applicant, especially for 17
the premises for which the extension is sought;'. 18
of s 111 (Variation of licence) 19
Amendment
Clause 39. Section 111-- 20
insert-- 21
`(3) This section does not apply to an application for the chief executive's 22
approval to conduct business between 7 a.m. and 10 a.m. 23
`(4) An application mentioned in subsection (3) may only be made by 24
application for an extended hours permit under section 109A (Application 25
for grant of extended hours permit).'. 26
of s 114 (Restriction on transfer of licence or permit) 27
Replacement
Clause 40. Section 114-- 28
omit, insert-- 29
s 41 29 s 42
Liquor Amendment (No. 2)
on transfer of licence 1
`Restriction
`114. The chief executive may transfer a licence only if all fees relating to 2
the licence, and payable under this Act, have been paid in full.'. 3
of s 115 (Chief executive's responsibility on application 4
Amendment
for transfer or franchising of a licence) 5
Clause 41.(1) Section 115(c)-- 6
omit, insert-- 7
`(c) the right to sell liquor be let or sublet; or 8
(d) a franchise, or management rights of a similar nature, be granted 9
for licensed premises, or a part of licensed premises;'. 10
(2) Section 115-- 11
insert-- 12
`(2) If a nominee is nominated under this section because of 13
section 109(9) (Nominees), the chief executive must discharge the 14
responsibility under section 107(1) (Restrictions on grant of licence or 15
permit) to the nominee as if the nominee were the proposed transferee, 16
lessee, sublessee, franchisee or proposed holder of management rights.'. 17
of ss 116118 18
Replacement
Clause 42.(1) Sections 116 to 118-- 19
omit, insert-- 20
need relevant to applications 21
`Public
`116.(1) This section applies to an application for-- 22
(a) a licence other than a club licence; or 23
(b) an approval under section 59(1)(d) (Authority of general licence); 24
or 25
(c) an extended hours permit that would extend trading hours on a 26
regular basis. 27
`(2) The applicant must satisfy the chief executive that the licence or 28
permit applied for is necessary to provide for the reasonable requirements 29
s 42 30 s 42
Liquor Amendment (No. 2)
of the public for liquor and related services in the locality to which the 1
application relates. 2
`(3) For the purpose of satisfying the chief executive about the reasonable 3
requirements of the public as mentioned in subsection (2), an applicant 4
must give information to the chief executive about the following-- 5
(a) the number and condition of licensed premises already existing in 6
the locality; 7
(b) the distribution of licensed premises already existing throughout 8
the locality; 9
(c) the extent and quality of services provided, or to be provided, by 10
licensed premises already existing in the locality; 11
(d) whether the services proposed to be provided could be adequately 12
provided by licensed premises already existing in the locality by 13
way of orders of the chief executive or requisitions of 14
investigators; 15
(e) any other relevant information that the chief executive asks the 16
applicant to provide. 17
`(4) In deciding the reasonable requirements of the public for liquor and 18
related services in a locality, the chief executive must take into account 19
information about the matters mentioned in subsection (3) and must have 20
regard to-- 21
(a) the population and demographic trends in the locality; and 22
(b) the number and kinds of persons residing in, resorting to or 23
passing through the locality, or likely in the foreseeable future to 24
do so, and their respective requirements or expectations; and 25
(c) the extent to which any requirement or expectation-- 26
(i) varies during different periods or at different times; and 27
(ii) is lawfully met by other premises, licensed or unlicensed; 28
and 29
(d) the likely health and social impact that granting the application 30
would have on the population of the locality. 31
`(5) A reference in this section to licensed premises already existing 32
s 42 31 s 42
Liquor Amendment (No. 2)
includes a reference to premises for which a licence or permit to which this 1
section applies is in force. 2
about application etc. 3
`Advice
`117.(1) As soon as practicable after the chief executive receives an 4
application to which section 116 (Public need relevant to applications) 5
applies or an application for a club licence, the chief executive must tell the 6
following about the application-- 7
(a) the local government for the relevant locality; and 8
(b) if the application is for an extended hours permit--the Assistant 9
Commissioner in charge of the Police Service for the locality. 10
`(2) The local government or Assistant Commissioner may-- 11
(a) comment on the reasonable requirements of the public in the 12
locality; or 13
(b) object to the grant of the application on the grounds that the 14
amenity, quiet or good order of the locality would be lessened. 15
`(3) The comment or objection must be given to the chief executive-- 16
(a) if the application was required to be advertised5--on or before the 17
last day for filing objections to the application; and 18
(b) in any other case--within 14 days of receiving advice about the 19
application. 20
of applications 21
`Advertisement
`118.(1) An application for the following must be advertised under this 22
section-- 23
(a) a licence or variation of a licence; 24
(b) an approval under section 59(1)(d) (Authority of general licence); 25
(c) an extended hours permit, or variation of an extended hours 26
permit, that would extend trading hours on a regular basis; 27
5 See section 118 (Advertisement of applications).
s 42 32 s 42
Liquor Amendment (No. 2)
(d) another application that the chief executive requires, by written 1
notice to the applicant, to be advertised. 2
`(2) If an application must be advertised, the applicant must-- 3
(a) in a form, and on days, approved by the chief executive generally 4
or in a particular case, publish notice of the application, at the 5
applicant's expense-- 6
(i) once in the Gazette; and 7
(ii) twice in a newspaper circulating in the locality; and 8
(b) display a copy of the notice on the premises to which the 9
application relates on a sign the dimensions of which (including 10
dimensions of the print) are approved by the chief executive, 11
generally or in a particular case; and 12
(c) ensure the copy is displayed conspicuously for 28 days 13
immediately before the last day for making submissions about 14
the reasonable requirements of the public in the locality or filing 15
objections to the application. 16
`(3) The chief executive may waive or vary the publication and display 17
requirements for an application if the chief executive is satisfied that 18
publication and display under subsection (2) is not necessary because of-- 19
(a) the remote location of the premises; or 20
(b) other special circumstances. 21
`(4) Subject to subsection (5), the applicant must give to the chief 22
executive evidence of satisfying the publication and display requirements 23
under subsection (2) or (3). 24
`(5) The chief executive may approve publication and display that-- 25
(a) substantially complies with subsection (2); or 26
(b) has already taken place for another purpose and substantially 27
complies with subsection (2). 28
`(6) The chief executive must make available for inspection, in the office 29
of the department at Brisbane, a list of all applications currently before the 30
chief executive that are required under subsection (1) to be advertised. 31
`(7) The list must include-- 32
s 43 33 s 43
Liquor Amendment (No. 2)
(a) the nature of each application; and 1
(b) the location of premises to which each application relates. 2
on public need 3
`Submissions
`118A.(1) If a notice about an application to which section 116 (Public 4
need relevant to applications) applies is published as required by section 118 5
(Advertisement of applications), a member of the public may make a 6
written submission to the chief executive about-- 7
(a) the reasonable requirements of the public in the locality to which 8
the application relates; and 9
(b) the matters to which the chief executive must have regard under 10
section 116. 11
`(2) A submission must be in writing and given to the chief executive on 12
or before the last day for making submissions stated in the notice. 13
`(3) In this section-- 14
"member of the public" has the meaning given by section 119 (Objection 15
to grant of applications).'. 16
of ss 120 and 121 17
Replacement
Clause 43. Sections 120 and 121-- 18
omit, insert-- 19
of objection by petition 20
`Requirements
`120.(1) An objection purporting to be by petition to the grant of an 21
application is ineffective, and may be disregarded, unless-- 22
(a) each sheet of the petition has an identical heading clearly stating 23
the subject matter of the petition and positioned to be clearly 24
legible to every person whose signature on the petition is sought; 25
and 26
(b) each signatory to the petition adds particulars of his or her 27
connection with the locality to which the application relates; and 28
(c) each sheet of the petition states the name of the petition's sponsor 29
s 43 34 s 43
Liquor Amendment (No. 2)
with whom all contact between the chief executive and the 1
signatories to the petition is to take place. 2
`(2) A notice given by the chief executive, or the registrar of the Tribunal, 3
to the sponsor of the petition is taken to be given to all signatories to the 4
petition. 5
of concerned persons and decision by chief executive 6
`Conference
`121.(1) This section applies if the chief executive-- 7
(a) is given an application or a notice of objection under this Act and 8
is required to decide an issue; and 9
(b) considers it desirable that a conference of all persons concerned 10
be held. 11
`(2) The chief executive may take part in the conference. 12
`(3) If a notice of objection is given under section 112 (Procedure for 13
variation by chief executive) or 119 (Objection to grant of applications) for 14
an application, a conference under subsection (1) must be held. 15
`(4) If-- 16
(a) a conference is held; and 17
(b) because of the conference, agreement is reached between the 18
conferring persons about the terms of the chief executive's 19
decision that are acceptable to the persons; and 20
(c) the agreed terms are put in writing and signed by the conferring 21
persons; and 22
(d) the chief executive is satisfied a decision in the agreed terms is 23
lawful; 24
the chief executive may make a decision consistent with the terms. 25
`(5) In deciding whether to-- 26
(a) if a conference was held--make a decision consistent with the 27
agreed terms under subsection (4); or 28
(b) if a conference was not held--grant an application; 29
the chief executive must have regard to-- 30
s 43 35 s 43
Liquor Amendment (No. 2)
(c) if the application is an application to which section 116 (Public 1
need relevant to applications) applies-- 2
(i) whether the applicant has satisfied the chief executive under 3
section 116(2); and 4
(ii) the matters mentioned in section 116(4); and 5
(d) objections made to the grant of the application; and 6
(e) comments from the local government for the area to which the 7
application relates; and 8
(f) for an extended hours permit--comments from the Assistant 9
Commissioner in charge of the Police Service in the locality to 10
which the application relates; and 11
(g) the impact on the amenity of the community concerned; and 12
(h) for an extended hours permit for extension of hours beyond 13
2 a.m.-- 14
(i) the previous conduct of the applicant in discharging any 15
duties under this Act previously placed on the applicant, 16
especially for the premises for which the extension is 17
sought; and 18
(ii) the applicant's ability to control the noise and behaviour of 19
the number of persons that could reasonably be expected to 20
be on and in the vicinity of the premises if the extension 21
were granted; and 22
(iii) the suitability of the premises and its facilities for the 23
purpose for which the extension is sought. 24
`(6) If the chief executive grants an extended hours permit for extension 25
of hours beyond 3 a.m., the permit remains in force for a maximum period 26
of 6 months and may be renewed only on application to the chief executive. 27
`(7) Evidence of anything said or done during a conference is 28
inadmissible in a proceeding before the Tribunal unless the parties to the 29
proceeding otherwise agree. 30
s 44 36 s 44
Liquor Amendment (No. 2)
of permits for extension of hours beyond 3 a.m. 1
`Renewal
`121A.(1) As soon as practicable after the chief executive receives an 2
application for renewal under section 121(6) (Conference of concerned 3
persons and decision by chief executive) of a permit for extension of hours 4
beyond 3 a.m., the chief executive must tell the following about the 5
application-- 6
(a) the local government for the area to which the application relates; 7
and 8
(b) the Assistant Commissioner in charge of the Police Service for 9
the locality to which the application relates. 10
`(2) The local government or Assistant Commissioner may comment 11
on, or object to, the application by giving written comments or objections to 12
the chief executive within 14 days of receiving the chief executive's advice 13
about the application. 14
`(3) In considering the application, the chief executive must have regard 15
to-- 16
(a) comments and objections received under subsection (2); and 17
(b) the matters mentioned in section 121(5)(h) (Conference of 18
concerned persons and decision by chief executive); and 19
(c) the impact on the amenity of the community concerned.'. 20
of s 129 (Executors etc. may conduct business) 21
Replacement
Clause 44. Section 129-- 22
omit, insert-- 23
to continue trading in certain circumstances 24
`Applications
`129.(1) The following persons may apply to the chief executive to 25
conduct the business of a licensee on licensed premises-- 26
(a) if a licensee is dead--a person entitled to be appointed as the legal 27
personal representative of the deceased licensee; 28
(b) if the licensee is bankrupt or has taken advantage of the laws of 29
bankruptcy--a person in possession of the licensed premises 30
who is entitled to administer the affairs of the licensee; 31
s 45 37 s 45
Liquor Amendment (No. 2)
(c) if the licensee is a corporation--a person in possession of the 1
licensed premises who has been appointed to manage or wind up 2
the affairs of the licensee; 3
(d) a guardian of a licensee or an administrator or manager of the 4
estate of a licensee. 5
`(2) If any of the following circumstances happen in relation to a licence 6
or licensed premises, the owner or mortgagee of the licensed premises, or 7
the owner of a financial interest in the trading of the licensed premises, may 8
also apply to the chief executive to conduct the business of the licensee on 9
the licensed premises-- 10
(a) a licensee ceasing to conduct business on the premises under 11
authority of the licence; 12
(b) the lessee or sublessee of the right to sell liquor ceasing to 13
conduct business on the premises under authority of the licence; 14
(c) a licensee who holds the licence as a member of a partnership 15
ceasing to be a member of the partnership; 16
(d) the chief executive has ordered cancellation of the licence but the 17
order has not taken effect. 18
`(3) If the application is made in circumstances mentioned in 19
subsection (2)(d), the order for cancellation is stayed until the application is 20
disposed of by the chief executive.'. 21
of s 131 (Continuance of trading in emergency) 22
Replacement
Clause 45. Section 131-- 23
omit, insert-- 24
when application to continue trading in certain 25
`Nominees
circumstances 26
`131. An applicant under section 129 (Applications to continue trading in 27
certain circumstances)-- 28
(a) must nominate a nominee in circumstances where, if the 29
application were an application for a licence, the applicant would 30
be required under this Act to nominate a nominee; and 31
(b) may nominate a nominee in any other circumstances. 32
s 45 38 s 45
Liquor Amendment (No. 2)
by chief executive on application to continue trading in 1
`Decision
certain circumstances 2
`131A.(1) This section applies if an application is made under 3
section 129 (Applications to continue trading in certain circumstances). 4
`(2) If an applicant or the applicant's nominee is the occupier or is 5
entitled to possession of the licensed premises, the chief executive may 6
authorise the applicant or the applicant's nominee to conduct business on 7
licensed premises under authority of the licence on an interim basis. 8
`(3) The authority under subsection (2) continues until the earliest of the 9
following happens-- 10
(a) the application on which it is made is disposed of by the chief 11
executive; 12
(b) the authority is revoked by the chief executive because the 13
applicant or the nominee contravenes this Act or a condition of 14
the licence; 15
(c) the authority expires. 16
`(4) While the authority under subsection (2) continues, the applicant, 17
and the applicant's nominee (if any), are each subject to liabilities under this 18
Act as if each were the licensee of the licensed premises. 19
`(5) If the chief executive is satisfied that the applicant, and, if the 20
applicant has nominated a nominee, the nominee, is a fit and proper person 21
to conduct the business under the authority of the licence, the chief executive 22
may-- 23
(a) authorise the applicant and the nominee to conduct the business 24
until the licence is transferred, cancelled, surrendered or 25
suspended; and 26
(b) if the application is made because of an order for cancellation of a 27
licence--the order is set aside. 28
`(6) If the chief executive is not satisfied about the matters mentioned in 29
subsection (5), the chief executive must reject the application and may make 30
an order under section 132 (Discharge of licensee or permittee from 31
obligations). 32
`(7) On the chief executive's rejection of the application-- 33
s 46 39 s 48
Liquor Amendment (No. 2)
(a) if an authority under subsection (2) is still in force--the authority 1
is revoked; and 2
(b) if the application was made because of an order for cancellation of 3
a licence--the chief executive's order for cancellation of the 4
licence takes effect. 5
129 applicants may apply under s 113 6
`Section
`131B. A person who may apply under section 129 (Applications to 7
continue trading in certain circumstances), may apply under section 113 8
(Application for transfer of licence) for the transfer of the licence even 9
though the person is not a person mentioned in section 113.'. 10
of s 132 (Discharge of licensee or permittee from 11
Amendment
obligations) 12
Clause 46. Section 132(e)(ii), `section 131'-- 13
omit, insert-- 14
`section 131A'. 15
of s 134 (Cancellation and suspension of permits) 16
Amendment
Clause 47.(1) Section 134, heading, `and suspension'-- 17
omit, insert-- 18
`, suspension or variation'. 19
(2) Section 134, `cancel' to `extended hours permit'-- 20
omit, insert-- 21
`cancel, suspend or vary a general purpose, restricted club or extended 22
hours permit'. 23
of s 135 (Summary cancellation or suspension under 24
Replacement
s 134) 25
Clause 48. Section 135-- 26
s 49 40 s 50
Liquor Amendment (No. 2)
omit, insert-- 1
cancellation, suspension or variation 2
`Summary
`135. Cancellation, suspension or variation of a permit under section 134 3
(Cancellation, suspension or variation of permits) takes effect when written 4
notice of the cancellation, suspension or variation is given to the permittee.'. 5
of s 136 (Cancellation of licences) 6
Amendment
Clause 49. Section 136(3)(b)(ii) and (iii)-- 7
omit, insert-- 8
`(ii) each person who has given the chief executive particulars of 9
his or her interest in the licence under section 44A (Owner, 10
lessee, mortgagee and secured creditors to give particulars to 11
chief executive) and is likely to be affected by cancellation of 12
the licence.'. 13
of s 145 (Production of licence or permit) 14
Replacement
Clause 50. Section 145-- 15
omit, insert-- 16
licence or permit at licensed premises 17
`Keeping
`145. A licensee or permittee must keep the licence or permit at the 18
premises to which the licence or permit relates, unless the licensee or 19
permittee has a reasonable excuse for not doing so. 20
Maximum penalty--25 penalty units. 21
of licence or permit on request 22
`Production
`145A.(1) An investigator may ask the person who appears to the 23
investigator to be in control of premises to which a licence or permit relates 24
to produce for inspection the licence or permit for the premises. 25
`(2) The person must produce the licence or permit immediately for 26
inspection by the investigator unless the person has a reasonable excuse for 27
not producing it. 28
s 51 41 s 53
Liquor Amendment (No. 2)
Maximum penalty--25 penalty units. 1
`(3) A person does not commit an offence against subsection (2) if at the 2
time the investigator asked the person to produce the licence or permit under 3
subsection (1), the person was not, in fact, in control of the premises. 4
on sale to a minor 5
`Prohibition
`145B. A person must not sell liquor to a minor. 6
Maximum penalty-- 7
(a) if the person is a licensee, permittee, nominee or manager of 8
licensed premises--250 penalty units; 9
(b) in any other case--40 penalty units.'. 10
of s 151 (Unlawful betting or gaming) 11
Amendment
Clause 51.(1) Section 151(1)(a)-- 12
insert-- 13
`(iii) for conducting an art union authorised to be conducted under 14
the Art Unions and Public Amusements Act 1992; or'. 15
(2) Section 151(2)-- 16
omit. 17
of s 152 (Prohibition on other use of premises) 18
Amendment
Clause 52. Section 152, `The holder of a general licence'-- 19
omit, insert-- 20
`A licensee'. 21
of s 153 (Subletting of licensed premises) 22
Replacement
Clause 53. Section 153-- 23
omit, insert-- 24
s 54 42 s 54
Liquor Amendment (No. 2)
or subletting of licensed premises 1
`Letting
`153.(1) A licensee must not, without the chief executive's approval-- 2
(a) let or sublet all of the licensed premises; or 3
(b) enter into a franchise or management agreement for all of the 4
licensed premises. 5
Maximum penalty--40 penalty units. 6
`(2) A licensee must not-- 7
(a) let or sublet part of the licensed premises; or 8
(b) enter into a franchise or management agreement for part of the 9
licensed premises. 10
Maximum penalty--40 penalty units. 11
`(3) Subsections (1) and (2) do not apply to the holder of a special facility 12
licence who, with the chief executive's approval-- 13
(a) lets or sublets part of the licensed premises; or 14
(b) lets or sublets the right to sell liquor; or 15
(c) enters into a franchise or management agreement for part of the 16
licensed premises.'. 17
of s 154 (Alteration and maintenance of licensed 18
Replacement
premises) 19
Clause 54. Section 154-- 20
omit, insert-- 21
and maintenance of licensed premises 22
`Alteration
`154.(1) The owner and licensee of licensed premises must give notice to 23
the chief executive before altering or rebuilding the licensed premises. 24
Maximum penalty--25 penalty units. 25
`(2) The owner or licensee of licensed premises must not, without the 26
chief executive's approval, attempt to change the area of the licensed 27
premises by-- 28
(a) using an area that is not included in the licence as licensed 29
s 55 43 s 55
Liquor Amendment (No. 2)
premises, as if the area were part of the licensed premises; or 1
(b) not using an area that is included in the licence as licensed 2
premises, as if the area were not part of the licensed premises. 3
Maximum penalty--25 penalty units. 4
`(3) The licensee of licensed premises must keep the premises clean and 5
in good repair. 6
Maximum penalty--25 penalty units.'. 7
of s 155 (Eviction of minors from premises) 8
Replacement
Clause 55. Section 155-- 9
omit, insert-- 10
on premises 11
`Minors
`155.(1) This section applies to all minors other than an exempt minor. 12
`(2) A licensee, permittee or person in control of the premises to which 13
the licence or permit relates must ensure that a minor is not on the premises. 14
`(3) If a minor is on the premises, the licensee, permittee and other 15
person in control of the premises each commits an offence. 16
Maximum penalty--100 penalty units. 17
`(4) In this section-- 18
"exempt minor" means a minor on premises to which a licence or permit 19
relates if-- 20
(a) the minor is a resident on the premises; or 21
(b) the minor is on the premises to-- 22
(i) perform duties as an employee of the owner, or occupier, of 23
the premises or a part of the premises; or 24
(ii) perform duties in the conduct of a lawful business; or 25
(iii) perform duties while receiving training for employment or 26
work experience; or 27
(c) the minor is attending a function being held on the premises; or 28
(d) the premises are premises to which a club licence or restricted 29
s 56 44 s 56
Liquor Amendment (No. 2)
club permit relates and the minor's presence does not contravene 1
the club's rules or a condition of the licence or permit; or 2
(e) the minor is on the premises for a purpose, and in circumstances, 3
approved by the chief executive; or 4
(f) the minor-- 5
(i) is eating a meal on the premises; or 6
(ii) is accompanied by a responsible adult who is responsibly 7
supervising the minor. 8
`(5) However, a minor is not an exempt minor merely because the minor 9
is eating a meal on the premises or accompanied by a responsible adult if-- 10
(a) the minor is on premises after 5 p.m.; and 11
(b) the premises are premises mentioned in section 72 (Seating 12
accommodation in cabarets) to which an on-premises licence 13
relates; and 14
(c) the premises are being used for cabaret.'. 15
of s 156 (Liquor prohibited to certain persons) 16
Amendment
Clause 56.(1) Section 156(2), after `relates,'-- 17
insert-- 18
`or in a public place'. 19
(2) Section 156, after subsection (3)-- 20
insert-- 21
`Maximum penalty for subsections (1) to (3)-- 22
(a) if the person is the licensee, permittee, nominee or manager of the 23
premises--250 penalty units; 24
(b) in any other case--40 penalty units.'. 25
(3) Section 156(4)-- 26
omit, insert-- 27
`(4) Subsection (2) does not apply to the supply of liquor to a minor in a 28
public place, designated under section 173C (Local authority may designate 29
s 57 45 s 58
Liquor Amendment (No. 2)
public places where liquor may be consumed), if the minor is accompanied 1
by a responsible adult who is responsibly supervising the minor.'. 2
of s 157 (Prohibitions affecting minors) 3
Replacement
Clause 57. Section 157-- 4
omit, insert-- 5
affecting minors 6
`Prohibitions
`157.(1) A minor who is not an exempt minor must not be on premises 7
to which a licence or permit relates. 8
Maximum penalty--25 penalty units. 9
`(2) A minor must not, on premises to which a licence or permit relates 10
or in a public place-- 11
(a) consume liquor; or 12
(b) be in possession of liquor. 13
Maximum penalty--25 penalty units. 14
`(3) Subsection (2) does not apply to a minor in a public place, 15
designated under section 173C (Local authority may designate public places 16
where liquor may be consumed), if the minor is accompanied by a 17
responsible adult who is responsibly supervising the minor. 18
`(4) Subsection (2)(b) does not apply to a minor who is on the premises 19
for a purpose mentioned in section 155(4)(b) (Minors on premises) if the 20
minor is in possession of liquor in the course of performing the duties 21
mentioned in the paragraph.'. 22
of s 158 (False representation of age) 23
Amendment
Clause 58.(1) Section 158(1),`with the intent of being supplied with liquor.'-- 24
omit, insert-- 25
`for a wrongful purpose.'. 26
(2) Section 158-- 27
insert-- 28
s 59 46 s 60
Liquor Amendment (No. 2)
`(3) A person must not falsely represent to an entity that the person has 1
reached 18 years to obtain a proof of age card mentioned in section 6(a)(i) 2
(Acceptable evidence of age) knowing the representation to be false. 3
Maximum penalty--25 penalty units. 4
`(4) In subsection (1)-- 5
"wrongful purpose" of a minor means-- 6
(a) intending to be supplied with liquor; or 7
(b) entering into premises to which a licence or permit relates.'. 8
of s 159 (Wrongful dealing with genuine evidence of age) 9
Amendment
Clause 59. Section 159(1)-- 10
omit, insert-- 11
`159.(1) A person must not knowingly give a document that is evidence 12
of age of the person mentioned in the document (the "specified person") to 13
someone else, if the person giving the document knows or has reasonable 14
grounds to suspect that the document may be used-- 15
(a) as evidence of age, under this Act, of someone other than the 16
specified person; or 17
(b) to obtain a proof of age card mentioned in section 6(a)(i) 18
(Acceptable evidence of age) for someone other than the specified 19
person. 20
Maximum penalty--40 penalty units.'. 21
of s 162 (Taking liquor onto or away from premises 22
Replacement
subject to on-premises licence) 23
Clause 60. Section 162-- 24
omit, insert-- 25
liquor onto or away from premises subject to on-premises 26
`Taking
licence 27
`162.(1) A person must not take liquor onto premises to which an 28
on-premises licence relates for consumption on the premises, unless the 29
s 61 47 s 62
Liquor Amendment (No. 2)
premises are premises mentioned in section 73 (Restriction on sale of liquor 1
under on-premises licence). 2
Maximum penalty--25 penalty units. 3
`(2) A person must not take liquor from premises to which an 4
on-premises licence relates, unless the premises are premises mentioned in 5
section 73 and-- 6
(a) the liquor was supplied to the person on the premises in a bottle 7
or other container and the bottle or other container has been 8
opened on the premises; or 9
(b) the person brought the liquor onto the premises. 10
Maximum penalty--25 penalty units.'. 11
of s 172 (Offer to purchase liquor made elsewhere than 12
Amendment
at licensed premises) 13
Clause 61.(1) Section 172(2)-- 14
renumber as subsection (3). 15
(2) Section 172-- 16
insert-- 17
`(2) Subsection (1) does not apply to the holder of a producer/wholesaler 18
licence for orders taken to supply liquor by wholesale to a person 19
mentioned in section 84(1) (Restriction on sale of liquor under 20
producer/wholesaler licence).'. 21
of s 173C (Local authority may designate public places 22
Amendment
where liquor may be consumed) 23
Clause 62.(1) Section 173C(1), `, by resolution,'-- 24
omit. 25
(2) Section 173C(2), `, in the resolution or by another resolution,'-- 26
omit. 27
s 63 48 s 65
Liquor Amendment (No. 2)
of s 173D (Local authority must advertise designation 1
Amendment
and place signs) 2
Clause 63.(1) Section 173D(1), after `advertise'-- 3
insert-- 4
`, or cause someone else to advertise,'. 5
(2) Section 173D(3), after `erect'-- 6
insert-- 7
`, or cause someone else to erect,'. 8
(3) Section 173D-- 9
insert-- 10
`(5) A local government does not have to comply with subsections (1) to 11
(3) if the designation is for a public place adjacent to premises used for the 12
primary purpose of eating meals prepared, served and intended to be eaten 13
on the premises. 14
`(6) However, written local government approval for the use of the 15
public place mentioned in subsection (5) must be conspicuously displayed 16
in the place. 17
`(7) Subsection (1) does not apply to a Council.'. 18
of s 173E (Local authority must advertise repeal or 19
Amendment
amendment of designation and remove or alter signs) 20
Clause 64. Section 173E(1), after `advertise'-- 21
insert-- 22
`, or cause someone else to advertise,'. 23
of s 187 (Abatement of nuisance or dangerous activity) 24
Replacement
Clause 65. Section 187-- 25
omit, insert-- 26
s 65 49 s 65
Liquor Amendment (No. 2)
`Abatement of nuisance or dangerous activity 1
`187.(1) This section applies if an investigator believes on reasonable 2
grounds that-- 3
(a) noise coming from licensed premises or a utility area for licensed 4
premises is-- 5
(i) a nuisance to persons resident on the licensed premises or 6
occupying other premises near the licensed premises; or 7
(ii) in contravention of an order under section 46 (Orders for 8
licensed premises etc.); or 9
(b) because of activity in or near the licensed premises, there is a 10
danger to persons or property that is likely to be aggravated by the 11
continued supply of liquor in the locality. 12
`(2) The investigator may give written notice to the licensee, permittee, or 13
person who appears to be in charge of the premises, requiring that-- 14
(a) the noise stop or be reduced to, and kept at, a level that is no 15
longer a nuisance; or 16
(b) the premises be closed immediately. 17
`(3) If the notice is contravened, the investigator may take all steps 18
necessary and reasonable to ensure compliance, or continued compliance, 19
with the notice. 20
`(4) A person who contravenes a requisition under subsection (2) 21
commits an offence. 22
Maximum penalty--25 penalty units. 23
`(5) In this section-- 24
"licensed premises" includes premises to which a restricted club permit 25
relates. 26
"utility area", for licensed premises, includes an area containing plant or 27
equipment that is not part of the licensed premises, but is used for the 28
benefit of the licensed premises. 29
30
Example--
31
An area containing an airconditioning plant for licensed premises may be a utility
32
area.'.
s 66 50 s 66
Liquor Amendment (No. 2)
of ss 199 and 200 1
Replacement
Clause 66. Sections 199 and 200-- 2
omit, insert-- 3
of gross amount paid or payable for liquor 4
`Elements
`199.(1) In this Part-- 5
"gross amount paid or payable for liquor" means-- 6
(a) the price, worked out under subsection (2), for liquor paid or 7
payable by or to a person who is required by this Act to pay a 8
licence fee assessed by reference to the gross amount; or 9
(b) if the chief executive suspects on reasonable grounds that a 10
greater amount should have been disclosed than the amount that 11
was disclosed as the gross amount by a person required to pay a 12
licence fee--an amount decided by the chief executive having 13
regard to all relevant circumstances. 14
`(2) In working out the gross amount paid or payable for liquor, regard 15
must be had to-- 16
(a) the amount attributable to the liquor purchased, or otherwise 17
obtained, or supplied; and 18
(b) the amount attributable to bottles or other containers and items of 19
packaging in which the liquor is delivered to or from the person 20
required to pay the licence fee; and 21
(c) the amount attributable to expenses for any of the following 22
incurred in relation to the liquor at any stage of its movement to 23
or from the person required by this Act to pay the licence fee-- 24
(i) importation, handling and storage; 25
(ii) delivery other than for freight charges; 26
(iii) packaging, labelling and advertising; 27
(iv) credit charges and penalties; 28
(v) imposts under law, other than a licence fee payable under 29
this Act recovered by a supplier of liquor from the purchaser 30
of the liquor. 31
s 67 51 s 67
Liquor Amendment (No. 2)
and assessment periods 1
`Licence
`200.(1) The licence period for a licence is a financial year. 2
`(2) The assessment period for a licence is the financial year before the 3
licence period. 4
5
Example--
6
The fee to be paid for the licence period from 1 July 1994 until 30 June 1995 is
7
worked out on the assessment period from 1 July 1993 until 30 June 1994.'.
of s 203 (Assessment of fees) 8
Amendment
Clause 67.(1) Section 203(1)(a)(ii)-- 9
omit. 10
(2) Section 203(1)(b)(iii)-- 11
renumber as section 203(1)(b)(ii). 12
(3) Section 203(1)(b)(i), `restricted club licences'-- 13
omit, insert-- 14
`restricted club permits'. 15
(4) Section 203(2)-- 16
omit, insert-- 17
`(2) If premises are used for only part of a licence period, the fee payable 18
on any of the following is to be assessed under subsection (1) and, subject 19
to subsection (4), using an estimate made by the chief executive of what the 20
relevant gross amount would have been if the licensee had been able to trade 21
on the licensed premises during the entire assessment period, 22
proportionately reduced for the period that has expired since the start of the 23
licence period-- 24
(a) grant of a licence; or 25
(b) provisional grant of a licence under section 123 (Provisional grant 26
of licence); or 27
(c) resumption of trading under a licence removed from another 28
place.'. 29
s 68 52 s 70
Liquor Amendment (No. 2)
of s 205 (Filing of returns) 1
Amendment
Clause 68.(1) Section 205(2)(b)-- 2
omit. 3
(2) Section 205(2)(c)-- 4
renumber as section 205(2)(b). 5
(3) Section 205(4)-- 6
omit, insert-- 7
`(4) A return under subsection (2) or (3) must contain the particulars, and 8
be accompanied by the material, prescribed by regulation. 9
`(5) If the chief executive is not satisfied a return filed under 10
subsection (2) or (3) is accurate, the chief executive may, by written notice 11
given to the holder of the licence or certificate, require the holder to file with 12
the chief executive a further return of the same type, certified to be accurate 13
by the person responsible for auditing the accounting records of the 14
business to which the licence or certificate relates. 15
`(6) A person given a notice under subsection (5) must comply with the 16
notice within the period stated in the notice. 17
Maximum penalty--25 penalty units.'. 18
of s 206 (Factors affecting assessment of fees) 19
Amendment
Clause 69. Section 206-- 20
insert-- 21
`(2) In assessing the fee payable for a licence under section 203 22
(Assessment of fees), the chief executive may also allow for theft, loss or 23
damage of liquor.'. 24
of s 208 (Payment of fees) 25
Amendment
Clause 70.(1) Section 208(2) and (3)-- 26
omit, insert-- 27
`(2) A fee payable in relation to a licence is payable to the department on 28
s 71 53 s 72
Liquor Amendment (No. 2)
the day stated as the date for payment in the notice of assessment of the fee 1
given to the licensee.'. 2
of s 209 (Suspension and cancellation for failure to pay 3
Amendment
fee) 4
Clause 71.(1) Section 209, after `subject to'-- 5
insert-- 6
`subsection (2) and'. 7
(2) Section 209-- 8
insert-- 9
`(2) If, within the 14 days, the fee is paid to the department in cash or by 10
bank cheque or electronic funds transfer, the suspension is lifted and the 11
cancellation does not take effect.'. 12
of s 210 (Appeal concerning failure to pay fee) 13
Amendment
Clause 72.(1) Section 210(1)(a) and (b)-- 14
omit, insert-- 15
`(a) the business conducted under authority of the licence or permit 16
having been adversely affected by a natural disaster; or 17
(b) the licensee ceasing to conduct business on the premises under 18
authority of the licence; or 19
(c) the owner, lessee or mortgagee of the premises to which the 20
licence relates starting a proceeding for possession of the 21
premises; or 22
(d) a personal hardship for the licensee.'. 23
(2) Section 210-- 24
insert-- 25
`(5) In this section-- 26
"person aggrieved" includes any of the persons who gave the chief 27
executive particulars of their interest under section 44A (Owner, 28
s 73 54 s 73
Liquor Amendment (No. 2)
lessee, mortgagee and secured creditors to give particulars to chief 1
executive).'. 2
of ss 211 and 212 3
Replacement
Clause 73. Sections 211 and 212-- 4
omit, insert-- 5
of Tribunal on appeal 6
`Powers
`211.(1) The Tribunal must decide an appeal under section 210(1) 7
(Appeal concerning failure to pay fee)within 30 days after notice of appeal 8
is filed with the registrar. 9
`(2) If it appears to the Tribunal that an appellant is not prosecuting an 10
appeal diligently, it may strike out the appeal. 11
`(3) In deciding an appeal, the Tribunal may-- 12
(a) allow the appeal on condition that the fee is paid to the department 13
within a period stated by the Tribunal (the "time allowed"); or 14
(b) dismiss the appeal. 15
`(4) The time allowed must be at least 7 days, and not more than 16
28 days, after the day on which the appeal is allowed. 17
`(5) If an appeal is allowed and the fee is paid to the department within 18
the time allowed, the suspension of the licence or permit ceases on payment 19
of the fee. 20
`(6) The licence or permit is immediately cancelled if an appeal is-- 21
(a) dismissed or struck out; or 22
(b) allowed but the fee payable is not paid within the time allowed. 23
`(7) If a licence or permit is cancelled under subsection (6), the part of the 24
fee assessed or payable for the entire licence period in which it was 25
suspended that is proportionate to the part of the licence period that had 26
ended before the suspension happened is a debt payable to the State. 27
of fee 28
`Reassessment
`212.(1) This section applies if-- 29
s 73 55 s 73
Liquor Amendment (No. 2)
(a) the licence fee has been paid; or 1
(b) the licence fee has been assessed and no fee is payable; or 2
(c) the licence has been cancelled. 3
`(2) The chief executive may on the chief executive's own initiative, and 4
must on application made by the licensee, review an assessment for the fee 5
payable in relation to the licence if-- 6
(a) an error or miscalculation in the assessment is suspected; or 7
(b) the assessment was based on incorrect or incomplete information; 8
or 9
(c) for an assessment under section 203(2) (Assessment of 10
fees)--the assessment was based on an incorrect assumption 11
about the nature, scale or duration of the business to be conducted 12
under authority of the licence. 13
`(3) A review may be made under subsection (2) only within 5 years 14
after the date of the assessment. 15
`(4) If on review under subsection (2) an assessment is changed, an 16
adjustment is to be made and-- 17
(a) any amount overpaid must be-- 18
(i) refunded to, or as directed by, the licensee; or 19
(ii) credited against future fees that may become payable by the 20
licensee in relation to the licence; 21
as the chief executive, by written notice given to the licensee, 22
elects; and 23
(b) any amount underpaid must, subject to section 213 (Liability for 24
reassessed fee in certain cases), be paid to the department by the 25
licensee within 14 days after the licensee is given notice of the 26
reassessment. 27
`(5) Despite subsection (4)(a), if the chief executive is satisfied the 28
amount overpaid was paid by a person for the licensee, the chief executive 29
may refund the amount to, or as directed by, the person. 30
`(6) If a reassessment is made of the fee payable for a licence period in 31
which 2 or more persons held the licence, the chief executive may apportion 32
s 74 56 s 74
Liquor Amendment (No. 2)
an entitlement to refund, or a liability to pay, among the persons as the chief 1
executive considers just, and the persons are entitled to refund, or are liable 2
to make payment, as apportioned. 3
`(7) If a licence is surrendered or cancelled, any amount credited under 4
subsection (4)(a) in relation to the licence must be refunded to, or as 5
directed by, the former licensee. 6
`(8) The chief executive may impose on the licensee a supplementary fee 7
in relation to the licence if-- 8
(a) a fee as reassessed is more than the fee as previously assessed; 9
and 10
(b) the chief executive is satisfied that the fee was previously 11
assessed on the basis of information disclosed by the licensee that 12
was known, or ought to have been known, by the licensee to be 13
incorrect. 14
`(9) The supplementary fee must be-- 15
(a) at least the amount by which the fee as reassessed is more than 16
the fee previously assessed; and 17
(b) not more than 3 times the amount. 18
`(10) The licensee must pay the supplementary fee to the department 19
within 14 days after the licensee is given notice of the imposition of the 20
supplementary fee. 21
`(11) Sections 210 to 212 apply to payment of a fee as reassessed or a 22
supplementary fee imposed.'. 23
of s 217 (Records to be kept by licensee) 24
Amendment
Clause 74.(1) Section 217(1), after `transactions'-- 25
insert-- 26
`(the "transactions record")'. 27
(2) Section 217(2), `The record--'-- 28
omit, insert-- 29
`The transactions record--'. 30
s 74 57 s 74
Liquor Amendment (No. 2)
(3) Section 217(2)(b)(i), `prescribed particulars'-- 1
omit, insert-- 2
`particulars prescribed by regulation'. 3
(4) Section 217(2)(b)(ii), `determined'-- 4
omit, insert-- 5
`decided'. 6
(5) Section 217(2)(c), `5 years'-- 7
omit, insert-- 8
`6 years'. 9
(6) Section 217(3) and (4)-- 10
renumber as section 217(6) and (7). 11
(7) Section 217-- 12
insert-- 13
`(3) A licensee must establish accounting records of a business 14
conducted under authority of the licence that correctly record and explain the 15
transactions and financial position of the business. 16
Maximum penalty--350 penalty units. 17
`(4) The following persons must keep accounting records on the licensed 18
premises to which they relate, or in some other place approved by the chief 19
executive, for 6 years after the day on which the record is made-- 20
(a) the licensee by or for whom the records are made; 21
(b) if the licence has since been transferred--the licensee to whom it 22
was last transferred. 23
`(5) A licensee commits an offence if-- 24
(a) the licensee's transactions record is not kept as required by 25
subsection (2); or 26
(b) the licensee's accounting records are not kept as required by 27
subsection (4). 28
Maximum penalty--350 penalty units.'. 29
s 75 58 s 75
Liquor Amendment (No. 2)
of s 218 (Powers of examination by investigator) 1
Replacement
Clause 75. Section 218-- 2
omit, insert-- 3
of examination by investigator 4
`Powers
`218.(1) This section applies to-- 5
(a) a licensee or a former licensee; and 6
(b) if a licensee is, or former licensee was, a corporation--the 7
directors and shareholders, and former directors and 8
shareholders, of the corporation. 9
`(2) An investigator may, on reasonable notice, require a person to 10
whom this section applies-- 11
(a) to produce to the investigator, at a reasonable place stated in the 12
notice, the following records of which the person has control-- 13
(i) a record made and kept under section 217 (Records to be 14
kept by licensee); or 15
(ii) an accounting record or other record about the business 16
conducted under authority of the licence; and 17
(b) to permit the investigator to examine the record and-- 18
(i) to make copies of, or take extracts from, the record; or 19
(ii) if the investigator considers, on reasonable grounds, that it is 20
necessary to remove the record to examine or copy it--to 21
remove the record from the person's control. 22
`(3) A person must comply with a requirement under subsection (2) 23
unless the person has a reasonable excuse. 24
Maximum penalty--25 penalty units. 25
`(4) While an investigator has custody or control of a record removed 26
under subsection (2)-- 27
(a) section 217(2)(c) is taken to be complied with; and 28
(b) the investigator must permit, at all reasonable times-- 29
(i) inspection of the record; and 30
s 76 59 s 76
Liquor Amendment (No. 2)
(ii) the making of additions to the record; 1
by a person who, if the record had not been removed, would be 2
entitled to inspect the record or make the additions. 3
`(5) The investigator who has removed a record under subsection (2) 4
must, as soon as is practicable after the removal-- 5
(a) examine, and if the investigator considers it necessary, copy the 6
record; and 7
(b) return it to the person from whom it was removed.'. 8
of Pt 9, Div 2 9
Replacement
Clause 76. Part 9, Division 2-- 10
omit, insert-- 11
2--Assessment and payment of premiums 12
`Division
of premium for general licence and special facility licence 13
`Payment
`219.(1) The chief executive may grant a general licence or special facility 14
licence only if the applicant has paid a premium to the department. 15
`(2) The amount of the premium is to be fixed by the chief executive 16
under section 220 (Basis of calculation of premium). 17
of calculation of premium 18
`Basis
`220. In fixing the amount of a premium, the chief executive must have 19
regard to-- 20
(a) the extent and nature of the locality to be served by the proposed 21
licensed premises; and 22
(b) the premiums fixed for premises of a similar size and type in the 23
locality; and 24
(c) the premiums fixed for premises in a locality of a similar size and 25
with similar industries and potential market; and 26
(d) the nature of the business proposed to be conducted on the 27
proposed licensed premises; and 28
s 77 60 s 77
Liquor Amendment (No. 2)
(e) the size of the proposed licensed premises; and 1
(f) the number and size of liquor outlets on the proposed licensed 2
premises; and 3
(g) any other matter the chief executive considers relevant.'. 4
of s 231 (False or misleading statements or documents) 5
Replacement
Clause 77. Section 231-- 6
omit, insert-- 7
or misleading statements 8
`False
`231.(1) A person must not-- 9
(a) state anything for this Act that the person knows is false or 10
misleading in a material particular; or 11
(b) omit from a statement made for this Act anything without which 12
the statement is, to the person's knowledge, misleading in a 13
material particular. 14
Maximum penalty--100 penalty units or imprisonment for 6 months. 15
`(2) It is enough for a complaint against a person for an offence against 16
subsection (1)(a) or (b) to state that the statement made was false or 17
misleading to the person's knowledge. 18
misleading or incomplete documents 19
`False,
`231A.(1) A person must not give a document for this Act containing 20
information the person knows is false, misleading or incomplete in a 21
material particular. 22
Maximum penalty--100 penalty units or imprisonment for 6 months. 23
24
Example--
25
A minor knowingly using a forged driver's licence or a licence belonging to someone
26
else.
`(2) Subsection (1) does not apply to a person who, when giving the 27
document-- 28
(a) informs the person to whom the document is given, to the best of 29
s 78 61 s 78
Liquor Amendment (No. 2)
the person's ability, how it is false, misleading or incomplete; and 1
(b) if the person giving the document has, or can reasonably obtain, 2
the correct information--gives the correct information. 3
`(3) It is enough for a complaint against a person for an offence against 4
subsection (1) to state that the document was false, misleading or 5
incomplete to the person's knowledge. 6
of investigator 7
`Impersonation
`231B. A person must not pretend to be an investigator. 8
Maximum penalty--200 penalty units.'. 9
of s 233 (Evidentiary provisions) 10
Amendment
Clause 78. Section 233-- 11
insert-- 12
`(e) if a statement of the results of the analysis of a fluid includes a 13
certificate purporting to be the certificate of an analyst that the 14
statement is a true statement of the results of the analysis--the 15
statement that the fluid is liquor is evidence of the results of the 16
analysis; and 17
(f) if in a statement in a complaint for an offence against this Act it is 18
claimed that the offence happened on licensed premises and a 19
fluid was liquor--the statement is evidence that the fluid was 20
liquor; and 21
(g) if in a statement in a complaint for an offence against this Act it is 22
claimed that the offence happened off licensed premises and a 23
fluid was packed in a container of a type that usually holds 24
liquor--the statement is evidence that the fluid was liquor. 25
`(2) In this section-- 26
"analyst" has the meaning given by section 5 of the Health Act 1937.'. 27
s 79 62 s 80
Liquor Amendment (No. 2)
of s 235 (Regulations) 1
Amendment
Clause 79.(1) Section 235(1)-- 2
omit, insert-- 3
`235.(1) The Governor in Council may make regulations under this 4
Act.'. 5
(2) Section 235(2)-- 6
insert-- 7
`(f) the circumstances in which the chief executive may grant a 8
general purpose permit; and 9
(g) the circumstances in which the chief executive may approve 10
premises mentioned in section 59 (Authority of general licence) 11
and the conditions the chief executive may impose on the 12
approval; and 13
(h) the monitoring by local governments of the use of sections 173A 14
to 173E; and 15
(i) encouraging responsible practices in the service, supply and 16
promotion of liquor.'. 17
of s 238 (Completion of proceedings in the Court) 18
Amendment
Clause 80.(1) Section 238(2) to (5)-- 19
renumber as section 238(3) to (6). 20
(2) Section 238-- 21
insert-- 22
`(2) A proceeding to which subsection (1) applies may, with the 23
applicant's consent, be finished by the chief executive as if the chief 24
executive were the Court.'. 25
(3) Section 238(4) (as renumbered), `determination'-- 26
omit, insert-- 27
`decision'. 28
(4) Section 238(5) (as renumbered), `subsection (2)'-- 29
s 81 63 s 83
Liquor Amendment (No. 2)
omit, insert-- 1
`subsection (3)'. 2
of new s 238A 3
Insertion
Clause 81. After section 238-- 4
insert-- 5
of applications for removal 6
`Disposal
`238A.(1) An application for removal of a licence under section 49A of 7
the repealed Act, that had not been disposed of before the proclaimed day, 8
may be continued and disposed of as if the chief executive were the 9
Commission. 10
`(2) To remove any doubt, it is declared that-- 11
(a) since the proclaimed day, the chief executive has had power to 12
perform the functions performed by the Commission under the 13
repealed Act; and 14
(b) the Court's power under the repealed Act to order that a licence be 15
removed has continued under this Part. 16
17
Example of subsection (2)(a)--
18
The chief executive has power to decide whether there is a public need in the
19
locality to which it is proposed to remove a licence on application for removal of the
20
licence under the repealed Act.'.
of s 239 (Termination of Court) 21
Amendment
Clause 82. Section 239, `section 238(1) applies'-- 22
omit, insert-- 23
`section 238(1) or 238A applies'. 24
of s 242 (Table of corresponding licences) 25
Amendment
Clause 83. Section 242, Table, item `restricted club licence'-- 26
omit. 27
s 84 64 s 86
Liquor Amendment (No. 2)
of new s 243A 1
Insertion
Clause 84. After section 243-- 2
insert-- 3
of general licence (previously spirit merchant's (retail) 4
`Variation
licence) 5
`243A. If the holder of a general licence, that before the proclaimed day 6
was held as a spirit merchant's (retail) licence, applies to the chief executive 7
to vary the conditions of the licence, the chief executive may require the 8
applicant to satisfy the requirements of sections 116 (Public need relevant to 9
applications), 118 (Advertisement of applications) and 219 (Payment of 10
premium for general licence and special facility licence) of the current Act 11
as if the applicant were an applicant for a general licence.'. 12
of s 244 (Continuance of existing permits) 13
Amendment
Clause 85. Section 244-- 14
insert-- 15
`(3) A permit continued in force under subsection (1)(a) remains in force 16
only until the review of the licence under section 247 (Review of licences). 17
`(4) An extended hours permit that extends hours beyond 3 a.m., or an 18
extension of hours for a licence beyond 3 a.m., in force on the day the 19
Liquor Amendment Act (No. 2) 1994 commenced, expires on 31 March 20
1995. 21
`(5) Subsection (4) does not apply to a special facility licence or a limited 22
licence.'. 23
of s 247 (Review of licences) 24
Amendment
Clause 86.(1) Section 247(2) to (4)-- 25
renumber as section 247(3) to (5). 26
(2) Section 247-- 27
insert-- 28
`(2) If the chief executive considers that the conditions of a resort licence 29
s 87 65 s 88
Liquor Amendment (No. 2)
issued under the repealed Act, and taken to be a residential licence under 1
section 243 (Continuance of existing licences), are more appropriate to a 2
general licence or special facility licence under the current Act, the licence is 3
taken to be the licence under the current Act to which the chief executive 4
considers its conditions are more appropriate. 5
of new Pt 12 6
Insertion
Clause 87. After Part 11-- 7
insert-- 8
`PART 12--TRANSITIONAL PROVISIONS FOR 9
RESTRICTED CLUB LICENCES 10
of Part 11
`Object
`251. The object of this Part is to provide a transition from restricted club 12
licences to restricted club permits. 13
of existing licences 14
`Continuance
`252.(1) A restricted club licence granted under repealed section 90, that 15
has not expired or been surrendered or cancelled before the commencement, 16
continues in force until it expires or is earlier surrendered or cancelled. 17
`(2) The chief executive may, in writing, require the holder of a restricted 18
club licence that has expired or been surrendered or cancelled to produce the 19
licence to the chief executive.'. 20
of Schedule (Rules of Clubs) 21
Amendment
Clause 88.(1) Schedule, paragraph (b)-- 22
omit. 23
(2) Schedule, paragraphs (c) to (g)-- 24
renumber as paragraphs (b) to (f). 25
s 89 66 s 89
Liquor Amendment (No. 2)
PART 3--AMENDMENT OF GAMING MACHINE 1
ACT 1991 2
3 3
Amendment--Sch
Clause 89. Schedule 3 amends the Gaming Machine Act 1991. 4
67
Liquor Amendment (No. 2)
CHEDULE 1 1
¡S
CONSEQUENTIAL AMENDMENTS 2
section 3 3
1. Section 21(1)(a), `a restricted club licence'-- 4
omit, insert-- 5
`an extended hours permit'. 6
2. Section 97-- 7
insert 8
`(c) a restricted club permit.'. 9
3. Section 99(b), at end-- 10
insert-- 11
`or restricted club permit'. 12
4. Section 133(3)(c) `or restricted club licence'-- 13
omit. 14
5. Section 202(1), `, other than a restricted club licence,'-- 15
omit. 16
6. Section 202(2), `a restricted club licence or'-- 17
omit. 18
68
Liquor Amendment (No. 2)
CHEDULE 2 1
¡S
ACTS REVIEW AND OTHER MINOR AMENDMENTS 2
section 3 3
1. Sections 3(b), 39 and 77(1), `determine'-- 4
omit , insert -- 5
`decide'. 6
2. Section 35, heading-- 7
omit, insert-- 8
`Stay of operation of decisions etc.'. 9
3. Section 39, heading-- 10
omit, insert-- 11
`Summary decision on appeal'. 12
4. Part 3, Division 1, heading-- 13
omit. 14
5. Section 67(2), `section 62(d)'-- 15
omit, insert-- 16
`section 62'. 17
6. Section 77, heading-- 18
omit, insert-- 19
`Number of liquor outlets'. 20
69
Liquor Amendment (No. 2)
SCHEDULE 2 (continued)
7. Section 82, `subject' to `permit'-- 1
omit. 2
8. Section 82-- 3
insert-- 4
`(2) The authority under subsection (1) is subject to this Act and the 5
conditions specified in a particular licence or extended hours permit.'. 6
9. Section 85(1), `subject' to `permit'-- 7
omit. 8
10. Section 85(2) to (4)-- 9
renumber as section 85(3) to (5). 10
11. Section 85-- 11
insert-- 12
`(2) The authority under subsection (1) is subject to this Act and the 13
conditions specified in a particular licence or extended hours permit.'. 14
12. Section 85(4) (as renumbered), `subsection (2)'-- 15
omit, insert-- 16
`subsection (3)'. 17
13. Section 113(1)(b), after `owner'-- 18
insert-- 19
`, lessee'. 20
70
Liquor Amendment (No. 2)
SCHEDULE 2 (continued)
14. Section 113(1)(b)(ii), after `lease,'-- 1
insert-- 2
`sublease,'. 3
15. Section 123, heading-- 4
omit, insert-- 5
`Provisional grant of licence'. 6
16. Section 123(1), `determines'-- 7
omit, insert-- 8
`decides'. 9
17. Section 170, heading-- 10
omit, insert-- 11
`Sale of liquor only on premises to which licence or permit relates'. 12
18. Section 173A, definitions "area" and "road"-- 13
omit, insert-- 14
` "road" means-- 15
(a) a road within the meaning of the Local Government Act 1993; or 16
(b) a State-controlled road under the Transport Infrastructure Act 17
1994.'. 18
19. Section 177(4)(b), `the officer'-- 19
omit. 20
71
Liquor Amendment (No. 2)
SCHEDULE 2 (continued)
20. Section 195(2)(a), `determination of'-- 1
omit, insert-- 2
`decision on'. 3
21. Section 195(5), `determination of'-- 4
omit, insert-- 5
`deciding'. 6
22. Section 204, heading-- 7
omit, insert-- 8
`Additional fee for bars in certain premises'. 9
23. Section 204-- 10
insert-- 11
`(c) an on-premises licence for premises used for cabaret;'. 12
24. Section 225-- 13
omit. 14
72
Liquor Amendment (No. 2)
CHEDULE 3 1
¡S
MENDMENT OF GAMING MACHINE ACT 1991 2
A
section 89 3
1. Section 121(1)-- 4
omit, insert-- 5
`121.(1) A person must not knowingly give a document that is evidence 6
of age of the person mentioned in the document (the "specified person") to 7
someone else, if the person giving the document knows or has reasonable 8
grounds to suspect that the document may be used-- 9
(a) as evidence of age for this Act of someone other than the 10
specified person; or 11
(b) to obtain a document that is acceptable evidence of age for this 12
Act of someone other than the specified person.'. 13
Maximum penalty--40 penalty units.'. 14
15
© State of Queensland 1994
[Index] [Search] [Download] [Related Items] [Help]