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Queensland
Liquor and Other Acts
Amendment Bill 2005
Queensland
Liquor and Other Acts Amendment Bill
2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Liquor Act 1992
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Insertion of new s 4D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4D Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Amendment of s 9 (Ordinary trading hours) . . . . . . . . . . . . . . . . . 8
7 Amendment of s 10 (When supply of liquor is in association
with eating a meal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Amendment of s 59 (Authority of general licence) . . . . . . . . . . . . 9
9 Amendment of s 102A (Restriction on grant of extended hours
permit) ......................................... 9
10 Amendment of s 102C (Other application for an extended hours
permit that includes trading between 5a.m. and 7a.m.) . . . . . . . . 9
11 Amendment of s 102F (Restriction on grant of catering away
permit) ........................................ 10
12 Amendment of s 109 (Nominees). . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Amendment of s 111 (Variation of licence). . . . . . . . . . . . . . . . . . 11
14 Amendment of s 116 (Public interest relevant to applications). . . 11
15 Amendment of s 117 (Advice about application etc.) . . . . . . . . . . 11
16 Amendment of s 118 (Advertisement of applications) . . . . . . . . . 12
17 Amendment of s 121 (Conference of concerned persons and
decision by chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
18 Amendment of s 121A (Renewal of permits for extension of
hours beyond 3a.m.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Liquor and Other Acts Amendment Bill 2005
19 Amendment of s 123 (Chief executive may grant provisional
licence) ......................................... 14
20 Amendment of s 123A (Chief executive may grant authority to
trade for staged development) . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Amendment of s 123B (Provisional licence or staged
development approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 Amendment of s 123C (Effect of provisional licence). . . . . . . . . . 15
23 Amendment of s 131 (Nominees when application to continue
trading in certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . 15
24 Amendment of s 133 (Request to surrender) . . . . . . . . . . . . . . . . 15
25 Amendment of s 142AB (Licences and permits subject to lock
out condition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
26 Insertion of new pt 5, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 6 Certain provisions about conditions of licences
and permits for Brisbane City Council area
Subdivision 1 Preliminary
142AD Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
142AE Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
142AF Purpose of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subdivision 2 Conditions of licences and permits
142AG Conditions about crowd controllers . . . . . . . . . . . . . . 19
142AH Conditions about closed-circuit television equipment. 20
142AI Conditions about incident and training registers . . . . 21
142AJ Conditions about house policy . . . . . . . . . . . . . . . . . . 22
142AK Conditions about training course certificates for
particular persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
142AL Conditions about drinking practices . . . . . . . . . . . . . . 24
142AM Compliance with conditions . . . . . . . . . . . . . . . . . . . . 25
Subdivision 3 Application of ss 134 and 136 to conditions
under sdiv 2
142AN Application of ss 134 and 136 . . . . . . . . . . . . . . . . . . 25
27 Amendment of pt 5A (Trainers for licensee's course) . . . . . . . . . . 25
28 Amendment of s 142B (Applying for approval as trainer) . . . . . . . 25
29 Amendment of s 142C (Deciding application) . . . . . . . . . . . . . . . 26
30 Amendment of s 142G (Deciding application) . . . . . . . . . . . . . . . 26
31 Amendment of s 142L (Grounds for cancellation) . . . . . . . . . . . . 26
32 Amendment of s 154 (Alteration etc. and maintenance of
licensed premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
33 Amendment of s 155 (Minors on premises) . . . . . . . . . . . . . . . . . 27
3
Liquor and Other Acts Amendment Bill 2005
34 Amendment of s 228 (Suspension of licence for offences
concerning minors). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
35 Amendment of s 233 (Evidentiary provisions) . . . . . . . . . . . . . . . 28
36 Insertion of new pt 12, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 6 Transitional provisions for Liquor and Other
Acts Amendment Act 2005
268 Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
269 Dealing with nomination of nominee . . . . . . . . . . . . . 28
270 Particular person ceases to be nominee . . . . . . . . . . 29
271 Application for variation of particular licence . . . . . . . 30
272 Application for renewal of extended hours permit . . . 30
273 Provisional licences continue in force. . . . . . . . . . . . . 30
274 Provision about current training course certificates . . 30
275 When particular conditions under pt 5, div 6 apply . . 31
Part 3 Amendment of Liquor Amendment Act 2005
37 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
38 Amendment of s 8 (Omission of provisions relating to the lock
out for the Brisbane City Council area) . . . . . . . . . . . . . . . . . . . . 32
Part 4 Amendment of Body Corporate and Community
Management Act 1997
39 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
40 Insertion of new ch 5, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 1A Preliminary
205A Definitions for ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
205B Relationship with Electronic Transactions
(Queensland) Act ...................... 33
41 Amendment of s 206 (Statement to be given by seller to buyer) . 33
42 Insertion of new s 206A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
206A How the information sheet must be given for s 206(5) 34
43 Amendment of s 207 (Contents of contract). . . . . . . . . . . . . . . . . 35
44 Amendment of s 208 (Buyer may rely on information) . . . . . . . . . 35
45 Amendment of s 209 (Cancelling contract for inaccuracy of
statement) .................................... 35
46 Amendment of s 213 (Statement to be given by seller to buyer) . 36
47 Insertion of new section 213A . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
213A How the information sheet must be given for s 213(5) 37
48 Amendment of s 214 (Variation of first statement by further
statement) .................................. 37
4
Liquor and Other Acts Amendment Bill 2005
49 Amendment of s 215 (Statements and information sheet form
part of contract) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
50 Amendment of s 216 (Buyer may rely on information) . . . . . . . . . 38
51 Amendment of s 217 (Cancelling contract for inaccuracy of
statement) .................................. 38
52 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 38
Part 5 Amendment of Property Agents and Motor Dealers Act 2000
53 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
54 Amendment of s 363 (Purposes of ch 11) . . . . . . . . . . . . . . . . . . 39
55 Amendment of s 364 (Definitions for ch 11) . . . . . . . . . . . . . . . . . 39
56 Insertion of new s 364A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
364A Relationship with Electronic Transactions
(Queensland) Act .................... 40
57 Amendment of s 365 (When parties are bound under a relevant
contract) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
58 Amendment of s 365A (Buyer to receive copy of property
valuation buyer pays for) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
59 Amendment of s 365B (Lawyer's disclosure to buyer about
independence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
60 Replacement of ch 11, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Part 2 Warning statements
366 Warning statement if proposed relevant contract is
faxed ................................. 44
366A Warning statement if proposed relevant contract is
given by electronic communication other than fax . . . 45
366B Warning statement if proposed relevant contract is
given in another way. . . . . . . . . . . . . . . . . . . . . . . . . . 47
366C Error in process may be corrected before relevant
contract is signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
366D Content and effectiveness of warning statements . . . 49
367 Buyer's rights if a warning statement is not given or
is not effective. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
61 Amendment of s 368 (Terminating contract during cooling-off
period) ....................................... 51
62 Amendment of s 369 (Waiving cooling-off period) . . . . . . . . . . . . 51
63 Amendment of s 370 (Shortening cooling-off period). . . . . . . . . . 52
64 Amendment of s 371 (Application of pt 4) . . . . . . . . . . . . . . . . . . 52
65 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 52
2005
A Bill
for
An Act to amend the Liquor Act 1992, the Liquor Amendment
Act 2005, the Body Corporate and Community Management Act
1997 and the Property Agents and Motor Dealers Act 2000
s1 6 s3
Liquor and Other Acts Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Liquor and Other Acts 4
Amendment Act 2005. 5
Clause 2 Commencement 6
(1) The following provisions commence on 1 December 2005-- 7
· section 3 8
· section 4(1), (2) (other than to the extent it inserts the 9
definitions Anzac Day event, development approval, 10
post-amended Act, pre-amended Act and relevant 11
period) and (3) 12
· sections 25 to 31 13
· section 36 (to the extent it inserts new part 12, division 6 14
heading, section 268, other than the definitions 15
post-amended Act and pre-amended Act, and sections 16
273 and 274) 17
· parts 3, 4 and 5. 18
(2) The remaining provisions of this Act commence on 1 January 19
2006. 20
Part 2 Amendment of Liquor Act 1992 21
Clause 3 Act amended in pt 2 22
This part amends the Liquor Act 1992. 23
s4 7 s4
Liquor and Other Acts Amendment Bill 2005
Clause 4 Amendment of s 4 (Definitions) 1
(1) Section 4, definition trading period-- 2
omit. 3
(2) Section 4-- 4
insert-- 5
`Anzac Day event, for an RSL or Services Club, means an 6
event or occasion organised by the club to commemorate 7
Anzac Day. 8
approved training course means a course approved by the 9
chief executive about the responsible service of liquor. 10
commencement, for part 12, division 6, see section 268. 11
crowd controller, for part 5, division 6, see section 142AD. 12
current training course certificate, for part 5, division 6, see 13
section 142AD. 14
development approval see the Integrated Planning Act 1997, 15
schedule 10. 16
exit, of premises, for part 5, division 6, see section 142AD. 17
incident register, for part 5, division 6, see section 142AD. 18
patron, in relation to licensed premises or premises to which a 19
permit relates, includes a person entering or seeking to enter 20
the premises to use the areas, facilities or services on offer at 21
the premises. 22
post-amended Act, for part 12, division 6, see section 268. 23
pre-amended Act, for part 12, division 6, see section 268. 24
relevant period, for a development approval, means the first 25
of the following periods to end-- 26
(a) the currency period for the approval under the 27
Integrated Planning Act 1997, section 3.5.21;1 28
(b) 4 years after the day the approval takes effect. 29
trading period-- 30
1 Integrated Planning Act 1997, section 3.5.21 (When approval lapses)
s5 8 s6
Liquor and Other Acts Amendment Bill 2005
(a) for part 5, division 5, see section 142AA(1); and 1
(b) for part 5, division 6, see section 142AD. 2
training course certificate, for part 5, division 6, see section 3
142AD. 4
training register, for part 5, division 6, see section 142AD.'. 5
(3) Section 4, definition approval, after `course'-- 6
insert-- 7
`or approved training course'. 8
Clause 5 Insertion of new s 4D 9
After section 4C-- 10
insert-- 11
`4D Notes in text 12
`A note in the text of this Act is part of the Act.'. 13
Clause 6 Amendment of s 9 (Ordinary trading hours) 14
(1) Section 9(3)(a)(ii), after `(b)'-- 15
insert-- 16
`or (c)'. 17
(2) Section 9(3)(b), before `premises'-- 18
insert-- 19
`licensed'. 20
(3) Section 9(3)-- 21
insert-- 22
`(c) of licensed premises on the premises of an RSL or 23
Services Club--subject to subsection (2), include the 24
period from 5a.m. until 1p.m. on Anzac Day.'. 25
(4) Section 9(6), before `premises', first mention-- 26
insert-- 27
`licensed'. 28
s7 9 s 10
Liquor and Other Acts Amendment Bill 2005
Clause 7 Amendment of s 10 (When supply of liquor is in 1
association with eating a meal) 2
Section 10(b)-- 3
omit, insert-- 4
`(b) after the consumer orders the meal and before he or she 5
finishes eating it; or'. 6
Clause 8 Amendment of s 59 (Authority of general licence) 7
After section 59(1)(d)(ii)-- 8
insert-- 9
10
`Note--
11
Premises approved by the chief executive under subsection
12
(1)(d) are detached bottle shops under this Act.'.
Clause 9 Amendment of s 102A (Restriction on grant of extended 13
hours permit) 14
Section 102A-- 15
insert-- 16
`(2) The chief executive may grant an extended hours permit to 17
authorise a licensee to sell liquor between 5a.m. and 1p.m. on 18
Anzac Day if-- 19
(a) the chief executive is satisfied the licensee has entered 20
into an agreement with an RSL or Services Club to sell 21
liquor under the permit at an Anzac Day event for the 22
club; and 23
(b) the permit authorises the sale of liquor only at the 24
event.'. 25
Clause 10 Amendment of s 102C (Other application for an extended 26
hours permit that includes trading between 5a.m. and 27
7a.m.) 28
Section 102C(2)-- 29
omit, insert-- 30
`(2) The chief executive must not grant the application unless-- 31
s 11 10 s 12
Liquor and Other Acts Amendment Bill 2005
(a) the extension of the trading hours is restricted to a time 1
coinciding with an event the chief executive reasonably 2
considers to be a special event, and the special event-- 3
(i) happens in the locality in which the licensed 4
premises are situated; or 5
(ii) is, in the chief executive's opinion, of particular 6
significance or special interest to the regular 7
patrons of the licensed premises; or 8
9
Example of a special event--
10
premier sporting fixture
(b) the chief executive is satisfied the applicant has entered 11
into an agreement with an RSL or Services Club to sell 12
liquor under the permit at an Anzac Day event for the 13
club.'. 14
Clause 11 Amendment of s 102F (Restriction on grant of catering 15
away permit) 16
Section 102F-- 17
insert-- 18
`(4) Despite subsection (3), the chief executive may grant a 19
catering away permit to authorise a licensee to sell liquor 20
between 5a.m. and 1p.m. on Anzac Day if-- 21
(a) the chief executive is satisfied the licensee has entered 22
into an agreement with an RSL or Services Club to sell 23
liquor under the permit at a public event that is an Anzac 24
Day event for the club; and 25
(b) the permit authorises the sale of liquor only at the 26
event.'. 27
Clause 12 Amendment of s 109 (Nominees) 28
Section 109-- 29
insert-- 30
`(12) For this section, a person may not be nominee for a licence if 31
the person is the holder of a licence for which there is no 32
nominee under this Act.'. 33
s 13 11 s 15
Liquor and Other Acts Amendment Bill 2005
Clause 13 Amendment of s 111 (Variation of licence) 1
(1) Section 111(1)-- 2
omit, insert-- 3
`(1) A licensee may apply to vary a licence by amending or 4
revoking a condition of the licence. 5
`(1A) The holder of a special facility licence or limited licence also 6
may apply to vary the licence by altering the times when 7
business may be conducted under authority of the licence. 8
`(1B) The holder of a producer/wholesaler licence also may apply to 9
vary the licence by changing the description of the licensed 10
premises under the licence.'. 11
(2) Section 111(3)(a), `6a.m.'-- 12
omit, insert-- 13
`5a.m.'. 14
Clause 14 Amendment of s 116 (Public interest relevant to 15
applications) 16
Section 116(1)(b), after `59(1)(d)'-- 17
insert-- 18
`to sell liquor on a detached bottle shop'. 19
Clause 15 Amendment of s 117 (Advice about application etc.) 20
(1) Section 117(1), from `an application', first mention, to 21
`permit', first mention-- 22
omit, insert-- 23
`a relevant application'. 24
(2) Section 117(2)(b), before `application'-- 25
insert-- 26
`relevant'. 27
(3) Section 117(3)(a), before `application', first mention-- 28
insert-- 29
`relevant'. 30
s 16 12 s 17
Liquor and Other Acts Amendment Bill 2005
(4) Section 117-- 1
insert-- 2
`(4) In this section-- 3
relevant application means-- 4
(a) an application to which section 116 applies; or 5
(b) an application for a club licence; or 6
(c) an application for an adult entertainment permit; or 7
(d) another application the chief executive reasonably 8
considers may adversely affect the amenity, quiet or 9
good order of a locality.'. 10
Clause 16 Amendment of s 118 (Advertisement of applications) 11
(1) Section 118-- 12
insert-- 13
`(6A) Despite subsection (1)(a), an application for variation of a 14
special facility licence or limited licence is not required to be 15
advertised under this section unless the chief executive, by 16
written notice given to the applicant, requires it to be 17
advertised. 18
`(6B) In deciding whether to require an application mentioned in 19
subsection (7) to be advertised under this section, the chief 20
executive must have regard to the nature of the proposed 21
variation.'. 22
(2) Section 118(6A) to (7)-- 23
renumber as section 118(7) to (9). 24
Clause 17 Amendment of s 121 (Conference of concerned persons 25
and decision by chief executive) 26
(1) Section 121(6), from `6 months'-- 27
omit, insert-- 28
`12 months and may be renewed only on application made to 29
the chief executive.'. 30
s 18 13 s 18
Liquor and Other Acts Amendment Bill 2005
(2) Section 121-- 1
insert-- 2
`(7) The application must be made within the period the chief 3
executive decides and advises the holder of the permit.'. 4
Clause 18 Amendment of s 121A (Renewal of permits for extension 5
of hours beyond 3a.m.) 6
(1) Section 121A(1), `As soon as practicable'-- 7
omit, insert-- 8
`Within 4 days'. 9
(2) Section 121A(2), `14 days of'-- 10
omit, insert-- 11
`28 days after'. 12
(3) Section 121A-- 13
insert-- 14
`(2A) If the chief executive receives comments or objections under 15
subsection (2), the chief executive must give the applicant a 16
copy of the comments or objections within 5 days after 17
receiving them. 18
`(2B) The applicant may, within 14 days after receiving a copy of 19
the comments or objections under subsection (3), make 20
written representations to the chief executive about them.'. 21
(4) Section 121A(3)(b) and (c)-- 22
renumber as section 121A(3)(c) and (d). 23
(5) Section 121A(3)-- 24
insert-- 25
`(b) written representations made under subsection (4); and'. 26
(6) Section 121A-- 27
insert-- 28
`(4) If the chief executive does not decide the application within 29
65 days after receiving it, the chief executive is taken to have 30
refused to renew the permit.'. 31
s 19 14 s 21
Liquor and Other Acts Amendment Bill 2005
(7) Section 121A(2A) to (4)-- 1
renumber as section 121A(3) to (6). 2
Clause 19 Amendment of s 123 (Chief executive may grant 3
provisional licence) 4
(1) Section 123(3)(b), from `within' to `year'-- 5
omit, insert-- 6
`within the relevant period for the development approval'. 7
(2) Section 123(3)(c), `stated time'-- 8
omit, insert-- 9
`relevant period'. 10
Clause 20 Amendment of s 123A (Chief executive may grant 11
authority to trade for staged development) 12
Section 123A(3)(c), `1 year'-- 13
omit, insert-- 14
`2 years'. 15
Clause 21 Amendment of s 123B (Provisional licence or staged 16
development approval) 17
(1) Section 123B(1)-- 18
omit, insert-- 19
`(1) A provisional licence remains in force for the relevant period 20
for the development approval in relation to which the licence 21
is granted. 22
`(1A) A staged development approval remains in force for the stated 23
reasonable time from the day on which the approval is 24
granted.'. 25
(2) Section 123B(2), `stated time'-- 26
omit, insert-- 27
`relevant period for the development approval in relation to 28
which the licence is granted'. 29
s 22 15 s 24
Liquor and Other Acts Amendment Bill 2005
(3) Section 123B(4), `1 year'-- 1
omit, insert-- 2
`2 years'. 3
(4) Section 123B(5), `more than once'-- 4
omit, insert-- 5
`a maximum of 4 times'. 6
Clause 22 Amendment of s 123C (Effect of provisional licence) 7
Section 123C(3), `within the time stated in the licence'-- 8
omit, insert-- 9
`while it is in force'. 10
Clause 23 Amendment of s 131 (Nominees when application to 11
continue trading in certain circumstances) 12
Section 131-- 13
insert-- 14
`(2) For this section, a person may not be nominee for a licence if 15
the person is the holder of a licence for which there is no 16
nominee under this Act.'. 17
Clause 24 Amendment of s 133 (Request to surrender) 18
(1) Section 133(3)(b)(ii), `application'-- 19
omit, insert-- 20
`request'. 21
(2) Section 133(3)(c), `club licence'-- 22
omit, insert-- 23
`licence held by a club'. 24
(3) Section 133-- 25
insert-- 26
`(3A) Despite subsection (3)(b)(i), the request need not be 27
accompanied or supported by a consent mentioned in that 28
s 25 16 s 26
Liquor and Other Acts Amendment Bill 2005
subparagraph if, after making reasonable efforts, the 1
appropriate person can not obtain the consent. 2
`(3B) If subsection (3A) applies to a request under subsection (1), 3
the chief executive must as soon as practicable give written 4
notice of the request to each owner, mortgagee or lessee of the 5
licensed premises, or part of the licensed premises, under the 6
licence who-- 7
(a) holds an interest in the licence; and 8
(b) has given the chief executive particulars about the 9
interest under section 44A. 10
`(3C) However, subsection (3B) does not require the chief executive 11
to give the notice to-- 12
(a) the appropriate person who made the request; or 13
(b) a person whose consent accompanied or supported the 14
request.'. 15
(4) Section 133(5), `subsection (4)'-- 16
omit, insert-- 17
`subsection (3B) or (4)'. 18
(5) Section 133(8), definition appropriate person, paragraph 19
(b)(iii), `application'-- 20
omit, insert-- 21
`request'. 22
Clause 25 Amendment of s 142AB (Licences and permits subject to 23
lock out condition) 24
Section 142AB(4)-- 25
omit. 26
Clause 26 Insertion of new pt 5, div 6 27
Before part 5A-- 28
insert-- 29
s 26 17 s 26
Liquor and Other Acts Amendment Bill 2005
`Division 6 Certain provisions about conditions 1
of licences and permits for Brisbane 2
City Council area 3
`Subdivision 1 Preliminary 4
`142AD Definitions for div 6 5
`In this division-- 6
crowd controller means a holder of a crowd controller's 7
licence in force under the Security Providers Act 1993. 8
current training course certificate means a training course 9
certificate that is in force. 10
exit, of premises, does not include an exit that is not ordinarily 11
used by patrons of the premises while the premises are open 12
for business. 13
14
Example--
15
an emergency exit
incident register see section 142AI(1)(a). 16
trading period means the period starting at 8p.m. on any day 17
and ending at 7a.m. on the following day. 18
training course certificate means a certificate in the approved 19
form-- 20
(a) given to a person, for satisfactorily completing the 21
approved training course, by someone who holds an 22
approval under part 5A as a trainer for the course; and 23
(b) stating the certificate remains in force for 3 years after it 24
is given to the person. 25
training register see section 142AI(2)(a). 26
`142AE Application of div 6 27
`(1) This division applies in the area of the Brisbane City Council 28
to licensed premises and premises to which a permit relates if 29
the licensee or permittee is authorised under this Act to sell or 30
s 26 18 s 26
Liquor and Other Acts Amendment Bill 2005
supply liquor on the premises at any time after 1a.m. during 1
the trading period. 2
`(2) However, this division does not apply to-- 3
(a) licensed premises if the licensee is authorised, under 4
section 9(13), to sell or supply liquor on the premises 5
only after 1a.m. on New Year's Day; or 6
(b) that part of licensed premises used principally for the 7
residential accommodation of guests staying at the 8
premises. 9
`(3) Also, this division does not apply on Anzac Day to-- 10
(a) licensed premises if an extended hours permit for that 11
day has been granted for the premises under section 12
102C; or 13
(b) licensed premises on the premises of an RSL or Services 14
Club. 15
`(4) In addition-- 16
(a) sections 142AG and 142AH do not apply to licensed 17
premises at Brisbane Airport, Airport Drive, Brisbane 18
known as the Brisbane International Terminal building 19
and the Brisbane Domestic terminal building; and 20
(b) section 142AG does not apply to the following-- 21
(i) licensed premises on which the licensee is 22
authorised to sell or supply liquor under an 23
on-premises (meals) licence; 24
(ii) licensed premises at Suncorp Stadium, 25
Castlemaine Street, Milton; 26
(iii) licensed premises at the Queensland Sport and 27
Athletics Centre, Kessels Road, Nathan; 28
(iv) licensed premises at the Brisbane Cricket Ground, 29
Vulture Street, Woolloongabba; 30
(v) licensed premises at the Brisbane Convention and 31
Exhibition Centre, corner of Glenelg and Merivale 32
Streets, South Brisbane; 33
(vi) licensed premises at the Brisbane Entertainment 34
Centre, Melaleuca Drive, Boondall. 35
s 26 19 s 26
Liquor and Other Acts Amendment Bill 2005
`142AF Purpose of div 6 1
`(1) This division has, in relation to the licensee or permittee, the 2
same purpose as the purpose mentioned in section 148A(1).2 3
`(2) This division does not limit section 148A. 4
`Subdivision 2 Conditions of licences and permits 5
`142AG Conditions about crowd controllers 6
`It is a condition of the licensee's or permittee's licence or 7
permit that the licensee or permittee-- 8
(a) must ensure that at least the number of crowd controllers 9
prescribed under a regulation are engaged in 10
maintaining order in and around the licensed premises 11
or premises to which the permit relates-- 12
(i) while the premises are open for business during the 13
trading period; and 14
(ii) for at least 1 hour after the premises close for 15
business during or at the end of the trading period; 16
and 17
(b) must ensure that at least 1 crowd controller engaged 18
under paragraph (a) is located at each entrance and exit 19
of the premises that provides access for patrons of the 20
premises during the trading period; and 21
(c) must not allow a crowd controller to be engaged under 22
paragraph (a) unless the crowd controller-- 23
(i) has a current training course certificate; and 24
(ii) has given the licensee or permittee a copy of the 25
certificate and the crowd controller's licence 26
granted under the Security Providers Act 1993, 27
section 14(1); and 28
(iii) is dressed in a way that distinguishes the crowd 29
controller from patrons of the premises; and 30
2 Section 148A (Obligations of licensees and permittees relating to the service, supply
and promotion of liquor)
s 26 20 s 26
Liquor and Other Acts Amendment Bill 2005
(d) must keep each crowd controller's certificate and 1
licence, given to the licensee or permittee under 2
paragraph (c)(ii), with the licensee's or permittee's 3
training register while the crowd controller is engaged in 4
maintaining order in and around the premises. 5
`142AH Conditions about closed-circuit television equipment 6
`It is a condition of the licensee's or permittee's licence or 7
permit that the licensee or permittee-- 8
(a) must have closed-circuit television equipment at each 9
entrance and exit of the licensed premises or premises to 10
which the permit relates that provides access for patrons 11
of the premises during the trading period; and 12
(b) must display signage at the premises in a way that is 13
likely to make the patrons aware that closed-circuit 14
television equipment is installed under paragraph (a); 15
and 16
(c) must ensure the equipment-- 17
(i) meets the minimum requirements for the 18
equipment prescribed under a regulation; and 19
(ii) is operational and recording for the period starting 20
at 8p.m. in a trading period in which the premises 21
are open for business and ending at least 1 hour 22
after the premises close for business during or at 23
the end of the trading period; and 24
(d) must stop selling or supplying liquor on the premises, 25
and close the premises, if the equipment is not 26
operational and recording during the trading period 27
while the premises are open for business at any time 28
between 1a.m. and when the premises would ordinarily 29
otherwise close for business; and 30
(e) must not allow the equipment to be operated by anyone 31
other than-- 32
(i) the licensee, permittee or nominee for the licence 33
or permit; or 34
(ii) another person responsible for the day-to-day 35
management of the premises; and 36
s 26 21 s 26
Liquor and Other Acts Amendment Bill 2005
(f) must keep each recording made by the equipment in a 1
secure place, and available for inspection and viewing 2
by an investigator, at the premises until the recording-- 3
(i) is erased or destroyed under paragraph (h); or 4
(ii) is earlier given to an investigator; and 5
(g) must not allow a recording to be viewed at the premises 6
by anyone other than an investigator or a person 7
mentioned in paragraph (e); and 8
(h) must ensure a recording, unless it is earlier given to an 9
investigator, is erased or destroyed by a person 10
mentioned in paragraph (e)-- 11
(i) if the recording does not show an incident required 12
to be recorded in the licensee's or permittee's 13
incident register--not earlier than 28 days after the 14
recording is made (the retention period), but 15
within 30 days after the retention period ends; or 16
(ii) otherwise--not earlier than 1 year after the 17
retention period for the recording ends. 18
`142AI Conditions about incident and training registers 19
`(1) It is a condition of the licensee's or permittee's licence or 20
permit that the licensee or permittee-- 21
(a) must keep a register (an incident register) containing 22
the information prescribed under a regulation about each 23
incident at the licensed premises or premises to which 24
the permit relates-- 25
(i) in which a person is injured; or 26
(ii) requiring a person to be removed from the 27
premises; and 28
(b) must ensure that, for each incident recorded in the 29
register under paragraph (a), the register is signed as 30
correct by each crowd controller or member of staff 31
involved in the incident; and 32
(c) must keep the register in a secure place, and available 33
for inspection by an investigator, at the premises; and 34
s 26 22 s 26
Liquor and Other Acts Amendment Bill 2005
(d) must not allow the register to be inspected at the 1
premises by anyone other than-- 2
(i) an investigator; or 3
(ii) the licensee, permittee or nominee for the licence 4
or permit; or 5
(iii) a crowd controller or member of staff involved in 6
an incident recorded in the register; or 7
(iv) another person responsible for the day-to-day 8
management of the premises. 9
`(2) Also, it is a condition of the licensee's or permittee's licence 10
or permit that the licensee or permittee-- 11
(a) must keep a register (a training register) containing the 12
information prescribed under a regulation about-- 13
(i) current training course certificates kept by the 14
licensee or permittee under section 142AG(d) or 15
142AK(2); or 16
(ii) matters relating to training persons involved in the 17
service or supply of liquor at the licensed premises 18
or premises to which the permit relates; and 19
(b) must keep the register available for inspection by an 20
investigator at the premises. 21
`142AJ Conditions about house policy 22
`(1) It is a condition of the licensee's or permittee's licence or 23
permit that the licensee or permittee-- 24
(a) must have a house policy for the licensed premises or 25
premises to which the permit relates; and 26
(b) must keep the house policy available for inspection at 27
the premises by an investigator and patrons of the 28
premises; and 29
(c) must display signage at the premises in a way that is 30
likely to make the patrons aware that-- 31
(i) the licensee or permittee has a house policy; and 32
s 26 23 s 26
Liquor and Other Acts Amendment Bill 2005
(ii) the house policy is available for inspection by the 1
patrons; and 2
(d) must ensure all staff of the premises, and crowd 3
controllers engaged in maintaining order in and around 4
the premises, are aware of, and perform their duties at 5
the premises in compliance with, the house policy. 6
`(2) Also, it is a condition of the licensee's or permittee's licence 7
or permit that the licensee or permittee must, as soon as 8
practicable after preparing a house policy, give the chief 9
executive a notice in the approved form about the policy. 10
`(3) In this section-- 11
house policy, for licensed premises or premises to which a 12
permit relates, means a document containing information 13
about the procedures and practices, relating to the matters 14
prescribed under a regulation, for the conduct of business at 15
the premises. 16
`142AK Conditions about training course certificates for 17
particular persons 18
`(1) It is a condition of the licensee's or permittee's licence or 19
permit that each of the following persons must have a current 20
training course certificate-- 21
(a) if the licensee or permittee is an individual--the 22
licensee or permittee; 23
(b) the nominee, if any, for the licence or permit; 24
(c) a member of staff of the licensed premises or premises 25
to which the permit relates who is involved in the 26
service or supply of liquor at the premises. 27
28
Examples of staff involved in the service or supply of liquor--
29
bartenders, glass collectors, floor hostesses or room service staff
`(2) However, the condition mentioned in subsection (1)(c) does 30
not apply to a licence or permit, in relation to a person who 31
becomes a member of staff of the licensed premises or 32
premises to which the permit relates after the commencement 33
of this section, until 30 days after the person becomes a 34
member of the staff. 35
s 26 24 s 26
Liquor and Other Acts Amendment Bill 2005
`(3) Also, it is a condition of the licensee's or permittee's licence 1
or permit that the licensee or permittee must keep with the 2
licensee's or permittee's training register a copy of the current 3
training course certificates held by persons mentioned in 4
subsection (1). 5
`142AL Conditions about drinking practices 6
`(1) It is a condition of the licensee's or permittee's licence or 7
permit that the licensee or permittee must not conduct on the 8
licensed premises or premises to which the permit relates-- 9
(a) a competition or game in which-- 10
(i) contestants or players consume liquor on the 11
premises; or 12
(ii) free or discounted liquor is given as a prize; or 13
14
Examples of a competition or game--
15
· `drink to win'
16
· `last man standing'
17
· `all you can drink'
18
· `skolling competition'
(b) another activity, prescribed under a regulation, that may 19
encourage the rapid or excessive consumption of liquor 20
or promote intoxication. 21
`(2) Also, it is a condition of the licensee's or permittee's licence 22
or permit that the licensee or permittee must not conduct a 23
restricted activity on the licensed premises or premises to 24
which the permit relates-- 25
(a) for more than 2 hours a day; or 26
(b) after 9p.m. in the trading period. 27
`(3) In this section-- 28
restricted activity, for licensed premises or premises to which 29
a permit relates, means an activity, other than an activity 30
prescribed under a regulation for subsection (1)(b), in relation 31
to which liquor is available for consumption on the premises 32
at a price less than that normally charged for the liquor. 33
s 27 25 s 28
Liquor and Other Acts Amendment Bill 2005
1
Example of restricted activity--
2
`happy hours'
`142AM Compliance with conditions 3
`The holder of a licence or permit subject to a condition under 4
this subdivision must comply with the condition. 5
Maximum penalty--100 penalty units. 6
`Subdivision 3 Application of ss 134 and 136 to 7
conditions under sdiv 2 8
`142AN Application of ss 134 and 136 9
`For this Act-- 10
(a) a reference in section 134(1)(a)(ii) to a condition 11
specified in the permit; or 12
(b) a reference in section 136(1)(a)(iii) to a condition stated 13
in the licence; 14
is taken to include a reference to a condition of the permit or 15
licence imposed under subdivision 2.'. 16
Clause 27 Amendment of pt 5A (Trainers for licensee's course) 17
Part 5A, heading, after `course'-- 18
insert-- 19
`and approved training course'. 20
Clause 28 Amendment of s 142B (Applying for approval as trainer) 21
Section 142B(1), after `course'-- 22
insert-- 23
`or approved training course'. 24
s 29 26 s 32
Liquor and Other Acts Amendment Bill 2005
Clause 29 Amendment of s 142C (Deciding application) 1
Section 142C(2), after `course'-- 2
insert-- 3
`or approved training course'. 4
Clause 30 Amendment of s 142G (Deciding application) 5
Section 142G(2) and (3)(b), after `course'-- 6
insert-- 7
`or approved training course'. 8
Clause 31 Amendment of s 142L (Grounds for cancellation) 9
Section 142L(b), after `course'-- 10
insert-- 11
`or approved training course'. 12
Clause 32 Amendment of s 154 (Alteration etc. and maintenance of 13
licensed premises) 14
(1) Section 154-- 15
insert-- 16
`(2A) Before giving an approval, the chief executive may ask the 17
applicant to give the chief executive a management plan 18
relating to the proposed alteration, rebuilding, change or 19
increase. 20
`(2B) The management plan must include information the chief 21
executive considers appropriate having regard to-- 22
(a) the business that is the primary purpose conducted under 23
the licence; and 24
(b) the nature of the alteration, rebuilding, change or 25
increase. 26
`(2C) If the chief executive asks the applicant for a management 27
plan under subsection (3), the chief executive must not give 28
the approval unless the applicant complies with the request.'. 29
s 33 27 s 34
Liquor and Other Acts Amendment Bill 2005
(2) Section 154(2A) to (3)-- 1
renumber as section 154(3) to (6). 2
Clause 33 Amendment of s 155 (Minors on premises) 3
Section 155(4), definition exempt minor, paragraph (e), after 4
`executive'-- 5
insert-- 6
`or stated in a condition of the licence or permit'. 7
Clause 34 Amendment of s 228 (Suspension of licence for offences 8
concerning minors) 9
(1) Section 228, heading, after `minors'-- 10
insert-- 11
`and other persons'. 12
(2) Section 228, from `suspended--'-- 13
omit, insert-- 14
`suspended.'. 15
(3) Section 228-- 16
insert-- 17
`(2) As soon as practicable after the second conviction is recorded, 18
the chief executive must give the holder of the licence written 19
notice of the suspension. 20
`(3) The suspension-- 21
(a) takes effect immediately the notice is given to the holder 22
of the licence; and 23
(b) continues until-- 24
(i) the end of 60 days after the day the notice is given; 25
or 26
(ii) if an earlier day is stated in the notice--the end of 27
the earlier day. 28
`(4) The notice must state the reasons for the suspension.'. 29
s 35 28 s 36
Liquor and Other Acts Amendment Bill 2005
Clause 35 Amendment of s 233 (Evidentiary provisions) 1
(1) Section 233(2)(c)-- 2
omit. 3
(2) Section 233(2)(d)-- 4
insert-- 5
`(iv) the offence was committed on Good Friday;'. 6
(3) Section 233(2)(d) to (g)-- 7
renumber as section 233(2)(c) to (f). 8
(4) Section 233(3)(a), `restricted area'-- 9
omit, insert-- 10
`licence or'. 11
Clause 36 Insertion of new pt 12, div 6 12
After section 267-- 13
insert-- 14
`Division 6 Transitional provisions for Liquor 15
and Other Acts Amendment Act 16
2005 17
`268 Definitions for div 6 18
`In this division-- 19
commencement means the day the provision in which the 20
term is used commences. 21
post-amended Act means this Act as in force after the 22
commencement. 23
pre-amended Act means this Act as in force before the 24
commencement. 25
`269 Dealing with nomination of nominee 26
`(1) Subsection (2) applies if, on the commencement-- 27
s 36 29 s 36
Liquor and Other Acts Amendment Bill 2005
(a) a person has been nominated under section 109 or 115 1
of the pre-amended Act to be nominee for a licence; and 2
(b) the person-- 3
(i) is not taken to be or has not become, under section 4
109, the nominee for the licence; and 5
(ii) is the holder of a licence for which there is no 6
nominee under this Act. 7
`(2) For the purposes of this Act-- 8
(a) the person's nomination as nominee for the licence 9
mentioned in subsection (1)(a) is taken to have been 10
withdrawn; and 11
(b) section 109 of the post-amended Act applies in relation 12
to the licence, including, for example, to the nomination 13
of a person to be nominee for the licence. 14
`(3) Subsection (4) applies if, on the commencement-- 15
(a) a person has been nominated under section 131 of the 16
pre-amended Act to be nominee for a licence; and 17
(b) the application, under section 129, for which the 18
nomination was made has not been granted by the chief 19
executive; and 20
(c) the person is the holder of a licence for which there is no 21
nominee under this Act. 22
`(4) For the purposes of this Act-- 23
(a) the person's nomination as nominee for the licence 24
mentioned in subsection (3)(a) is taken to have been 25
withdrawn; and 26
(b) section 131 of the post-amended Act applies in relation 27
to the licence, including, for example, to the nomination 28
of a person to be nominee for the licence. 29
`270 Particular person ceases to be nominee 30
`(1) This section applies to a person who, on the 31
commencement-- 32
(a) is the nominee under this Act for a licence; and 33
s 36 30 s 36
Liquor and Other Acts Amendment Bill 2005
(b) is the holder of a licence for which there is no nominee. 1
`(2) On the commencement, the person ceases to be the nominee 2
for the licence mentioned in subsection (1)(a). 3
`271 Application for variation of particular licence 4
`Despite section 118 of the post-amended Act, section 118 of 5
the pre-amended Act continues to apply to an application for 6
variation of a special facility licence or limited licence made 7
and not decided before the commencement. 8
`272 Application for renewal of extended hours permit 9
`Despite section 121A of the post-amended Act, section 121A 10
of the pre-amended Act continues to apply to an application 11
for renewal of an extended hours permit made under section 12
121(6) of the pre-amended Act and not decided before the 13
commencement. 14
`273 Provisional licences continue in force 15
`(1) This section applies to a provisional licence in force 16
immediately before the commencement. 17
`(2) The provisional licence remains in force for the relevant 18
period for the development approval in relation to which the 19
licence was granted. 20
`(3) The provisional licence may be renewed under section 21
123B(2) of the post-amended Act whether or not it has been 22
renewed under section 123B(2) of the pre-amended Act. 23
`(4) This section applies despite-- 24
(a) section 123B(3); and 25
(b) a time stated in the provisional licence under section 26
123(3)(b) of the pre-amended Act. 27
`274 Provision about current training course certificates 28
`(1) For the purposes of this Act, a person is taken to have a 29
current training course certificate from the commencement if 30
s 36 31 s 36
Liquor and Other Acts Amendment Bill 2005
the person has a statement of attainment given to the person 1
by a registered training organisation within 3 years before the 2
commencement for successfully completing the unit of 3
competency called THHBFB09B (Provide responsible service 4
of alcohol) from the Hospitality (THH02) training package 5
endorsed by ANTA. 6
`(2) However, subsection (1) applies to a particular statement of 7
attainment mentioned in the subsection only for 3 years after 8
it was given to the person. 9
`(3) In this section-- 10
ANTA means the Australian National Training Authority 11
established under the Australian National Training Authority 12
Act 1992 (Cwlth). 13
registered training organisation means a registered training 14
organisation under the Vocational Education, Training and 15
Employment Act 2000. 16
statement of attainment means a statement of attainment 17
under the Vocational Education, Training and Employment 18
Act 2000. 19
`275 When particular conditions under pt 5, div 6 apply 20
`(1) A condition mentioned in a following section does not apply 21
to a licence or permit until 30 days after the commencement-- 22
(a) section 142AG(c)(i) or (ii) or (d); 23
(b) section 142AK(1)(a) or (b). 24
`(2) The condition mentioned in section 142AK(1)(c) does not 25
apply to a licence or permit, in relation to a person who is a 26
member of staff of the licensed premises or premises to which 27
the permit relates on the commencement, until 30 days after 28
the commencement. 29
`(3) This section applies despite part 5, division 6.'. 30
s 37 32 s 40
Liquor and Other Acts Amendment Bill 2005
Part 3 Amendment of Liquor 1
Amendment Act 2005 2
Clause 37 Act amended in pt 3 3
This part amends the Liquor Amendment Act 2005. 4
Clause 38 Amendment of s 8 (Omission of provisions relating to the 5
lock out for the Brisbane City Council area) 6
Section 8(1)-- 7
omit, insert-- 8
`(1) Section 4, definition trading period-- 9
omit, insert-- 10
trading period, for part 5, division 6, see section 142AD.'. 11
Part 4 Amendment of Body Corporate 12
and Community Management 13
Act 1997 14
Clause 39 Act amended in pt 4 15
This part amends the Body Corporate and Community 16
Management Act 1997. 17
Clause 40 Insertion of new ch 5, pt 1A 18
Chapter 5, before part 1-- 19
insert-- 20
`Part 1A Preliminary 21
`205A Definitions for ch 5 22
`In this chapter-- 23
s 41 33 s 41
Liquor and Other Acts Amendment Bill 2005
attach, in relation to an information sheet and a contract, 1
means attach in a secure way so that the information sheet and 2
the contract appear to be a single document. 3
4
Examples of ways an information sheet may be attached to a contract--
5
· stapling
6
· binding
disclosure statement means-- 7
(a) for an existing lot--a statement complying with section 8
206(2) to (4); or 9
(b) for a proposed lot--a statement complying with section 10
213(2) to (4). 11
electronic communication see the Electronic Transactions 12
(Queensland) Act 2001, schedule 2. 13
residential property see the Property Agents and Motor 14
Dealers Act 2000, section 17. 15
warning statement see the Property Agents and Motor 16
Dealers Act 2000, section 364. 17
`205B Relationship with Electronic Transactions 18
(Queensland) Act 19
`To remove any doubt, it is declared that the use of electronic 20
communication under this chapter is subject to the Electronic 21
Transactions (Queensland) Act 2001.'. 22
Clause 41 Amendment of s 206 (Statement to be given by seller to 23
buyer) 24
(1) Section 206, heading, `Statement'-- 25
omit, insert-- 26
`Information'. 27
(2) Section 206(1), from `a statement'-- 28
omit, insert-- 29
`a disclosure statement.'. 30
(3) Section 206(2), `The statement'-- 31
s 42 34 s 42
Liquor and Other Acts Amendment Bill 2005
omit, insert-- 1
`The disclosure statement'. 2
(4) Section 206(3), (4) and (8), `statement'-- 3
omit, insert-- 4
`disclosure statement'. 5
(5) Section 206(5) and (6)-- 6
omit, insert-- 7
`(5) If the lot the subject of the contract is not residential property, 8
the seller must give the buyer an information sheet (the 9
information sheet) in the approved form with the contract in a 10
way mentioned in section 206A. 11
`(6) If the lot the subject of the contract is residential property, the 12
seller must ensure that an information sheet (the information 13
sheet) in the approved form and a warning statement are given 14
as required under the Property Agents and Motor Dealers Act 15
2000, section 366, 366A or 366B.'. 16
(6) Section 206(7)-- 17
omit, insert-- 18
`(7) If the contract has not already been settled, the buyer may 19
cancel the contract if-- 20
(a) the seller has not complied with subsection (1); or 21
(b) the seller has not complied with subsection (5) or (6), 22
whichever is applicable.'. 23
(7) Section 206(9)-- 24
omit. 25
Clause 42 Insertion of new s 206A 26
After section 206-- 27
insert-- 28
`206A How the information sheet must be given for s 206(5) 29
`(1) This section states the ways the information sheet must be 30
given for section 206(5). 31
s 43 35 s 45
Liquor and Other Acts Amendment Bill 2005
`(2) If the seller gives the buyer the information sheet with the 1
contract by fax, the seller must fax the documents in the 2
following order-- 3
(a) a single cover page; 4
(b) the information sheet; 5
(c) the contract; 6
(d) any other documents. 7
`(3) If the seller gives the buyer the information sheet with the 8
contract by electronic communication other than fax, the 9
seller must give the information sheet and the contract as a 10
single document that is protected against unauthorised 11
change, with the information sheet appearing as the first or top 12
page of the document. 13
`(4) If the seller gives the buyer the information sheet with the 14
contract in a way other than by electronic communication, the 15
seller must attach the information sheet to the contract as its 16
first or top page.'. 17
Clause 43 Amendment of s 207 (Contents of contract) 18
Section 207(a), `statement'-- 19
omit, insert-- 20
`disclosure statement'. 21
Clause 44 Amendment of s 208 (Buyer may rely on information) 22
Section 208, `statement'-- 23
omit, insert-- 24
`disclosure statement'. 25
Clause 45 Amendment of s 209 (Cancelling contract for inaccuracy 26
of statement) 27
(1) Section 209, `statement'-- 28
omit, insert-- 29
`disclosure statement'. 30
s 46 36 s 46
Liquor and Other Acts Amendment Bill 2005
(2) Section 209(1)(b)(i), `statement's'-- 1
omit, insert-- 2
`disclosure statement's'. 3
Clause 46 Amendment of s 213 (Statement to be given by seller to 4
buyer) 5
(1) Section 213, heading, `Statement'-- 6
omit, insert-- 7
`Information'. 8
(2) Section 213(1), from `a statement'-- 9
omit, insert-- 10
`a disclosure statement.'. 11
(3) Section 213(2), (3), (4) and (7), `first statement'-- 12
omit, insert-- 13
`disclosure statement'. 14
(4) Section 213(5)-- 15
omit, insert-- 16
`(5) If the proposed lot the subject of the contract is not residential 17
property, the seller must give the buyer an information sheet 18
(the information sheet) in the approved form with the 19
contract in a way mentioned in section 213A. 20
`(5A) If the proposed lot the subject of the contract is residential 21
property, the seller must ensure that an information sheet (the 22
information sheet) in the approved form and a warning 23
statement are given as required under the Property Agents and 24
Motor Dealers Act 2000, section 366, 366A or 366B.'. 25
(5) Section 213(6)-- 26
omit, insert-- 27
`(6) If the contract has not already been settled, the buyer may 28
cancel the contract if-- 29
(a) the seller has not complied with subsection (1); or 30
s 47 37 s 48
Liquor and Other Acts Amendment Bill 2005
(b) the seller has not complied with subsection (5) or (5A), 1
whichever is applicable.'. 2
(6) Section 213(8)-- 3
omit. 4
Clause 47 Insertion of new section 213A 5
After section 213-- 6
insert-- 7
`213A How the information sheet must be given for s 213(5) 8
`(1) This section states the ways the information sheet must be 9
given for section 213(5). 10
`(2) If the seller gives the buyer the information sheet with the 11
contract by fax, the seller must fax the documents in the 12
following order-- 13
(a) a single cover page; 14
(b) the information sheet; 15
(c) the contract; 16
(d) any other documents. 17
`(3) If the seller gives the buyer the information sheet with the 18
contract by electronic communication other than fax, the 19
seller must give the information sheet and the contract as a 20
single document that is protected against unauthorised 21
change, with the information sheet appearing as the first or top 22
page of the document. 23
`(4) If the seller gives the buyer the information sheet with the 24
contract in a way other than by electronic communication, the 25
seller must attach the information sheet to the contract as its 26
first or top page.'. 27
Clause 48 Amendment of s 214 (Variation of first statement by 28
further statement) 29
Section 214, `first statement'-- 30
omit, insert-- 31
`disclosure statement'. 32
s 49 38 s 52
Liquor and Other Acts Amendment Bill 2005
Clause 49 Amendment of s 215 (Statements and information sheet 1
form part of contract) 2
Section 215(1), `first statement'-- 3
omit, insert-- 4
`disclosure statement'. 5
Clause 50 Amendment of s 216 (Buyer may rely on information) 6
Section 216, `first statement'-- 7
omit, insert-- 8
`disclosure statement'. 9
Clause 51 Amendment of s 217 (Cancelling contract for inaccuracy 10
of statement) 11
Section 217(b)(iv), `first statement'-- 12
omit, insert-- 13
`disclosure statement'. 14
Clause 52 Amendment of sch 6 (Dictionary) 15
Schedule 6-- 16
insert-- 17
`attach, for chapter 5, see section 205A. 18
disclosure statement, for chapter 5, see section 205A. 19
electronic communication, for chapter 5, see section 205A. 20
residential property, for chapter 5, see section 205A. 21
warning statement, for chapter 5, see section 205A.'. 22
s 53 39 s 55
Liquor and Other Acts Amendment Bill 2005
Part 5 Amendment of Property Agents 1
and Motor Dealers Act 2000 2
Clause 53 Act amended in pt 5 3
This part amends the Property Agents and Motor Dealers Act 4
2000. 5
Clause 54 Amendment of s 363 (Purposes of ch 11) 6
Section 363(b)-- 7
omit, insert-- 8
`(b) to require all proposed relevant contracts or relevant 9
contracts for the sale of residential property in 10
Queensland to include consumer protection information, 11
including a statement that a relevant contract is subject 12
to a cooling-off period; and'. 13
Clause 55 Amendment of s 364 (Definitions for ch 11) 14
(1) Section 364, definition warning statement-- 15
omit. 16
(2) Section 364-- 17
insert-- 18
`attached, in relation to a warning statement, any information 19
sheet and a contract, means attached in a secure way so that 20
the warning statement, any information sheet and the contract 21
appear to be a single document. 22
23
Examples of ways a warning statement and any information sheet may be
24
attached to a contract--
25
· stapling
26
· binding
disclosure statement see the Body Corporate and Community 27
Management Act 1997, section 205A. 28
electronic communication see the Electronic Transactions 29
(Queensland) Act 2001, schedule 2. 30
s 56 40 s 57
Liquor and Other Acts Amendment Bill 2005
information sheet see the Body Corporate and Community 1
Management Act 1997, section 206(5) or (6) or 213(5) or 2
(5A). 3
unit sale means a sale of a lot included in a community titles 4
scheme, or proposed to be included in a community titles 5
scheme, within the meaning of the Body Corporate and 6
Community Management Act 1997. 7
warning statement means a statement in the approved form 8
that includes the information mentioned in section 366D(1).'. 9
(3) Section 364, definition cooling-off period, `the contract'-- 10
omit, insert-- 11
`the relevant contract'. 12
(4) Section 364, definition termination penalty, `the contract'-- 13
omit, insert-- 14
`the relevant contract'. 15
Clause 56 Insertion of new s 364A 16
After section 364-- 17
insert-- 18
`364A Relationship with Electronic Transactions 19
(Queensland) Act 20
`To remove any doubt, it is declared that the use of electronic 21
communication under this chapter is subject to the Electronic 22
Transactions (Queensland) Act 2001.'. 23
Clause 57 Amendment of s 365 (When parties are bound under a 24
relevant contract) 25
(1) Section 365(1) and (2)-- 26
omit, insert-- 27
`(1) The buyer and the seller under a relevant contract are bound 28
by the relevant contract when-- 29
(a) for a relevant contract, other than a relevant contract 30
relating to a unit sale--the buyer or the buyer's agent 31
receives the warning statement and the relevant contract 32
s 57 41 s 57
Liquor and Other Acts Amendment Bill 2005
from the seller or the seller's agent in a way mentioned 1
in subsection (2); or 2
(b) for a relevant contract relating to a unit sale--the buyer 3
or the buyer's agent receives the warning statement, the 4
information sheet and the relevant contract in a way 5
mentioned in subsection (2A). 6
7
Note--
8
See the Electronic Transactions (Queensland) Act 2001, section 11 for a
9
requirement about consent and section 24 for rules about when an
10
electronic communication is received.
`(2) For a relevant contract, other than a relevant contract relating 11
to a unit sale, the ways are-- 12
(a) by fax, if only the documents mentioned in 13
subparagraphs (i), (ii) and (iii) are received and they are 14
sent in the following order-- 15
(i) a single cover page that includes a clear statement 16
directing the attention of the buyer or the buyer's 17
agent to the warning statement and the relevant 18
contract; 19
(ii) the warning statement; 20
(iii) the relevant contract; and 21
(b) by electronic communication other than fax, if the 22
electronic communication contains only-- 23
(i) a message that includes a clear statement directing 24
the attention of the buyer or the buyer's agent to 25
the warning statement and the relevant contract; 26
and 27
(ii) the warning statement and the relevant contract as 28
a single document that is protected against 29
unauthorised change, with the warning statement 30
appearing as the first or top page of the document; 31
and 32
33
Example of electronic communication--
34
· email
(c) by being handed or otherwise receiving the documents 35
mentioned in paragraph (a)(ii) and (iii) other than by 36
electronic communication, if-- 37
s 57 42 s 57
Liquor and Other Acts Amendment Bill 2005
(i) the warning statement is attached to the relevant 1
contract and appears as the first or top page; and 2
(ii) the seller or the seller's agent directs the attention 3
of the buyer or the buyer's agent to the warning 4
statement and the relevant contract. 5
6
Example of receipt other than by electronic communication--
7
· post
8
Examples of how attention may be directed--
9
· by oral advice
10
· by including a paragraph in an accompanying letter
`(2A) For a relevant contract relating to a unit sale, the ways are-- 11
(a) by fax, if only the documents mentioned in 12
subparagraphs (i), (ii), (iii) and (iv) are received and 13
they are sent in the following order-- 14
(i) a single cover page that includes a clear statement 15
directing the attention of the buyer or the buyer's 16
agent to the warning statement, the information 17
sheet and the relevant contract; 18
(ii) the warning statement; 19
(iii) the information sheet; 20
(iv) the relevant contract; and 21
(b) by electronic communication other than fax, if the 22
electronic communication contains only-- 23
(i) a message that includes a clear statement directing 24
the attention of the buyer or the buyer's agent to 25
the warning statement, the information sheet and 26
the relevant contract; and 27
(ii) the warning statement, the information sheet and 28
the relevant contract as a single document that is 29
protected against unauthorised change, with the 30
warning statement appearing as the first or top 31
page of the document and the information sheet 32
appearing immediately after the warning 33
statement; and 34
s 58 43 s 58
Liquor and Other Acts Amendment Bill 2005
1
Example of electronic communication--
2
· email
(c) by being handed or otherwise receiving the documents 3
mentioned in paragraph (a)(ii), (iii) and (iv) other than 4
by electronic communication, if-- 5
(i) the warning statement and the information sheet 6
are attached to the relevant contract with the 7
warning statement appearing as the first or top 8
page of the document and the information sheet 9
appearing immediately after the warning 10
statement; and 11
(ii) the seller or the seller's agent directs the attention 12
of the buyer or the buyer's agent to the warning 13
statement, the information sheet and the relevant 14
contract. 15
16
Example of receipt other than by electronic
17
communication--
18
· post
19
Examples of how attention may be directed--
20
· by oral advice
21
· by including a paragraph in an accompanying letter'.
(2) Section 365(3) and (5), `by the contract'-- 22
omit, insert-- 23
`by the relevant contract'. 24
(3) Section 365(6), definition buyer's agent, `the contract'-- 25
omit, insert-- 26
`the relevant contract'. 27
Clause 58 Amendment of s 365A (Buyer to receive copy of property 28
valuation buyer pays for) 29
Section 365A(1)(a), `the contract'-- 30
omit, insert-- 31
`the relevant contract'. 32
s 59 44 s 60
Liquor and Other Acts Amendment Bill 2005
Clause 59 Amendment of s 365B (Lawyer's disclosure to buyer 1
about independence) 2
Section 365B(1), after `a relevant contract'-- 3
insert-- 4
`or a proposed relevant contract'. 5
Clause 60 Replacement of ch 11, pt 2 6
Chapter 11, part 2-- 7
omit, insert-- 8
`Part 2 Warning statements 9
`366 Warning statement if proposed relevant contract is 10
faxed 11
`(1) This section applies if a proposed relevant contract is faxed to 12
a proposed buyer or the proposed buyer's agent for signing, 13
whether or not the proposed relevant contract has been signed 14
by the seller. 15
`(2) If the proposed relevant contract does not relate to a unit sale, 16
the seller or the seller's agent-- 17
(a) must, when faxing the proposed relevant contract, only 18
fax the documents mentioned in paragraph (b)(i) and (ii) 19
with it; and 20
(b) must fax the documents in the following order-- 21
(i) a single cover page that includes a clear statement 22
directing the proposed buyer's attention to the 23
warning statement and the proposed relevant 24
contract; 25
(ii) the warning statement; 26
(iii) the proposed relevant contract. 27
`(3) If the proposed relevant contract does relate to a unit sale, the 28
seller or the seller's agent-- 29
(a) must, when faxing the proposed relevant contract, only 30
fax the documents mentioned in paragraph (b)(i), (ii), 31
(iii) and (v) with it; and 32
s 60 45 s 60
Liquor and Other Acts Amendment Bill 2005
(b) must fax the documents in the following order-- 1
(i) a single cover page that includes a clear statement 2
directing the proposed buyer's attention to the 3
warning statement, the information sheet, the 4
proposed relevant contract and, if a disclosure 5
statement has not already been given to the buyer 6
or to the buyer's agent, the disclosure statement; 7
(ii) the warning statement; 8
(iii) the information sheet; 9
(iv) the proposed relevant contract; 10
(v) if the disclosure statement has not already been 11
given to the buyer or the buyer's agent, the 12
disclosure statement. 13
`(4) If subsection (2) or (3) is not complied with-- 14
(a) if the seller faxed the documents--the seller; or 15
(b) if the seller's agent faxed the documents--the seller's 16
agent; 17
commits an offence. 18
Maximum penalty--200 penalty units. 19
`(5) It is a defence to a prosecution for an offence against 20
subsection (4) for the seller or the seller's agent to prove that 21
the seller or the seller's agent gave notice to the proposed 22
buyer or the proposed buyer's agent under section 366C. 23
`366A Warning statement if proposed relevant contract is 24
given by electronic communication other than fax 25
`(1) This section applies if a proposed relevant contract is given to 26
a proposed buyer or the proposed buyer's agent by electronic 27
communication, other than fax, for signing, whether or not the 28
proposed relevant contract has been signed by the seller. 29
`(2) If the proposed relevant contract does not relate to a unit sale, 30
the seller or the seller's agent must ensure that the electronic 31
communication contains only-- 32
s 60 46 s 60
Liquor and Other Acts Amendment Bill 2005
(a) a message that includes a clear statement directing the 1
proposed buyer's attention to the warning statement and 2
the proposed relevant contract; and 3
(b) the warning statement and the proposed relevant 4
contract as a single document that is protected against 5
unauthorised change, with the warning statement 6
appearing as the first or top page of the document. 7
`(3) If the proposed relevant contract does relate to a unit sale, the 8
seller or the seller's agent must ensure that the electronic 9
communication contains only-- 10
(a) a message that includes a clear statement directing the 11
proposed buyer's attention to the warning statement, the 12
information sheet, the proposed relevant contract and, if 13
the disclosure statement has not already been given to 14
the buyer or the buyer's agent, the disclosure statement; 15
and 16
(b) the warning statement, the information sheet and the 17
proposed relevant contract as a single document that is 18
protected against unauthorised change, with the warning 19
statement appearing as the first or top page of the 20
document and the information sheet appearing 21
immediately after the warning statement. 22
`(4) Despite subsection (3), the electronic communication may 23
also contain the disclosure statement either as part of the 24
single document mentioned in subsection (3)(b) or as a 25
separate document. 26
`(5) If subsection (2) or (3) is not complied with-- 27
(a) if the seller gave the electronic communication--the 28
seller; or 29
(b) if the seller's agent gave the electronic 30
communication--the seller's agent; 31
commits an offence. 32
Maximum penalty--200 penalty units. 33
`(6) It is a defence to a prosecution for an offence against 34
subsection (5) for the seller or the seller's agent to prove that 35
the seller or the seller's agent gave notice to the proposed 36
buyer or the proposed buyer's agent under section 366C. 37
s 60 47 s 60
Liquor and Other Acts Amendment Bill 2005
`366B Warning statement if proposed relevant contract is 1
given in another way 2
`(1) This section applies if a proposed relevant contract is given to 3
a proposed buyer or the proposed buyer's agent for signing in 4
a way other than by electronic communication. 5
`(2) The seller or the seller's agent must ensure that the proposed 6
relevant contract has attached a warning statement and, if the 7
proposed relevant contract relates to a unit sale, an 8
information sheet with the warning statement appearing as its 9
first or top page and any information sheet appearing 10
immediately after the warning statement. 11
`(3) If the proposed relevant contract does not comply with 12
subsection (2)-- 13
(a) if the seller gave the proposed relevant contract--the 14
seller; or 15
(b) if the seller's agent gave the proposed relevant 16
contract--the seller's agent; 17
commits an offence. 18
Maximum penalty--200 penalty units. 19
`(4) If the seller or the seller's agent hands the proposed relevant 20
contract to the proposed buyer, the seller or the seller's agent 21
must direct the proposed buyer's attention to the warning 22
statement and, if the proposed relevant contract relates to a 23
unit sale, the information sheet and any disclosure statement. 24
25
Note--
26
A contravention of this subsection is not an offence. Under section
27
366D(3), in the circumstances of this subsection a warning statement is
28
of no effect unless it is signed by the buyer.
`(5) Subsection (6) applies if the seller or the seller's agent gives 29
the proposed relevant contract to the proposed buyer or the 30
proposed buyer's agent in a way other than by handing the 31
proposed contract to the proposed buyer or the proposed 32
buyer's agent. 33
`(6) The seller or the seller's agent must include with the proposed 34
relevant contract a statement directing the proposed buyer's 35
attention to the warning statement and, if the proposed 36
s 60 48 s 60
Liquor and Other Acts Amendment Bill 2005
relevant contract relates to a unit sale, the information sheet 1
and any disclosure statement. 2
Maximum penalty--200 penalty units. 3
`(7) It is a defence to a prosecution for an offence against 4
subsection (3) or (6) for the seller or the seller's agent to prove 5
that the seller or the seller's agent gave notice to the proposed 6
buyer or the proposed buyer's agent under section 366C. 7
`366C Error in process may be corrected before relevant 8
contract is signed 9
`(1) This section applies if, before a proposed relevant contract has 10
been signed by both the seller and the proposed buyer-- 11
(a) the seller or the seller's agent fails to comply with a 12
requirement under this part for the proposed relevant 13
contract; or 14
(b) the use of an electronic transaction for the proposed 15
relevant contract does not comply with the Electronic 16
Transactions (Queensland) Act 2001. 17
18
Note--
19
See the Electronic Transactions (Queensland) Act 2001, section
20
11 for a requirement about consent and section 14 for rules about
21
requirements for signatures when using electronic
22
communications.
`(2) For the defence mentioned in section 366(5), 366A(6) or 23
366B(7), the seller or the seller's agent may notify the 24
proposed buyer or the proposed buyer's agent of the failure to 25
comply at any time before the proposed relevant contract has 26
been signed by both the seller and the proposed buyer. 27
`(3) The notice must identify the failure to comply and-- 28
(a) state that the proposed relevant contract is withdrawn; 29
and 30
(b) advise whether new documents complying with the 31
requirements of this part will be given to the proposed 32
buyer or the proposed buyer's agent. 33
s 60 49 s 60
Liquor and Other Acts Amendment Bill 2005
`366D Content and effectiveness of warning statements 1
`(1) The warning statement for a proposed relevant contract or 2
relevant contract must include the following information-- 3
(a) the relevant contract is subject to a cooling-off period; 4
(b) when the cooling-off period starts and ends; 5
(c) a recommendation that the buyer or proposed buyer seek 6
independent legal advice about the proposed relevant 7
contract or relevant contract before the cooling-off 8
period ends; 9
(d) what will happen if the buyer terminates the relevant 10
contract before the cooling-off period ends; 11
(e) the amount or the percentage of the purchase price that 12
will not be refunded from the deposit if the relevant 13
contract is terminated before the cooling-off period 14
ends; 15
(f) a recommendation that the buyer or proposed buyer seek 16
an independent valuation of the property before the 17
cooling-off period ends; 18
(g) if the seller under the proposed relevant contract or 19
relevant contract is a property developer, that a person 20
who suffers financial loss because of, or arising out of, 21
the person's dealings with a property developer or the 22
property developer's employees can not make a claim 23
against the claim fund. 24
`(2) A statement purporting to be a warning statement is of no 25
effect unless the words on the statement are presented in 26
substantially the same way as the words are presented on the 27
approved form. 28
29
Example--
30
If words on the approved form are presented in 14 point font, the words
31
on the warning statement must also be presented in 14 point font.
`(3) If the seller or the seller's agent hands a proposed relevant 32
contract to the buyer for signing, a warning statement is of no 33
effect unless the buyer signs the warning statement before 34
signing the proposed relevant contract. 35
`(4) If a proposed relevant contract is given to the buyer for 36
signing and subsection (3) does not apply, a warning 37
s 60 50 s 60
Liquor and Other Acts Amendment Bill 2005
statement is of no effect unless the buyer signs the warning 1
statement. 2
`(5) For subsection (3), the buyer's signature on the warning 3
statement is taken to be proof that the buyer signed the 4
warning statement before signing the proposed relevant 5
contract unless the contrary is proved. 6
`367 Buyer's rights if a warning statement is not given or 7
is not effective 8
`(1) This section applies if-- 9
(a) a warning statement requirement for a proposed relevant 10
contract is not complied with and notice is not given 11
under section 366C; or 12
(b) a warning statement is of no effect under section 13
366D(2), (3) or (4). 14
`(2) The buyer under a relevant contract may terminate the 15
relevant contract at any time before the relevant contract 16
settles by giving signed, dated notice of termination to the 17
seller or the seller's agent. 18
`(3) The notice of termination must state that the relevant contract 19
is terminated under this section. 20
`(4) If the relevant contract is terminated, the seller must, within 21
14 days after the termination, refund any deposit paid under 22
the relevant contract to the buyer. 23
Maximum penalty--200 penalty units. 24
`(5) If the seller, acting under subsection (4), instructs a licensee 25
acting for the seller to refund the deposit paid under the 26
relevant contract to the buyer, the licensee must immediately 27
refund the deposit to the buyer. 28
Maximum penalty--200 penalty units. 29
`(6) If the relevant contract is terminated, the seller and the person 30
acting for the seller who prepared the relevant contract are 31
liable to the buyer for the buyer's reasonable legal and other 32
expenses incurred by the buyer in relation to the relevant 33
contract after the buyer signed the relevant contract. 34
s 61 51 s 62
Liquor and Other Acts Amendment Bill 2005
`(7) If more than 1 person is liable to reimburse the buyer, the 1
liability of the persons is joint and several. 2
`(8) An amount payable to the buyer under this section is 3
recoverable as a debt. 4
`(9) In this section-- 5
warning statement requirement, for a proposed relevant 6
contract, means-- 7
(a) if the proposed relevant contract is sent by fax--a 8
requirement to comply with section 366(2) or (3); or 9
(b) if the proposed relevant contract is given by electronic 10
communication other than fax--a requirement to 11
comply with section 366A(2) or (3); or 12
(c) if the proposed relevant contract is given in a way other 13
than by electronic communication--a requirement to 14
comply with section 366B(2), (4) or (6).'. 15
Clause 61 Amendment of s 368 (Terminating contract during 16
cooling-off period) 17
(1) Section 368, heading, `contract'-- 18
omit, insert-- 19
`relevant contract'. 20
(2) Section 368, `the contract'-- 21
omit, insert-- 22
`the relevant contract'. 23
Clause 62 Amendment of s 369 (Waiving cooling-off period) 24
(1) Section 369(1), (2) and (3)(c)(i), `the contract'-- 25
omit, insert-- 26
`the relevant contract'. 27
(2) Section 369(1), `proposed contract'-- 28
omit, insert-- 29
`proposed relevant contract'. 30
s 63 52 s 65
Liquor and Other Acts Amendment Bill 2005
Clause 63 Amendment of s 370 (Shortening cooling-off period) 1
Section 370(1) and (2)(c)(i), `the contract'-- 2
omit, insert-- 3
`the relevant contract'. 4
Clause 64 Amendment of s 371 (Application of pt 4) 5
Section 371, `the contract'-- 6
omit, insert-- 7
`the relevant contract'. 8
Clause 65 Amendment of sch 2 (Dictionary) 9
Schedule 2-- 10
insert-- 11
`attached, for chapter 11, see section 364. 12
disclosure statement, for chapter 11, see section 364. 13
electronic communication, for chapter 11, see section 364. 14
information sheet, for chapter 11, see section 364. 15
unit sale, for chapter 11, see section 364.'. 16
© State of Queensland 2005
AMENDMENTS TO BILL
1
Liquor and Other Acts Amendment Bill 2005
Liquor and Other Acts Amendment Bill
2005
Amendments agreed to during Consideration
1 Clause 2--
At page 6, lines 7 to 20--
omit, insert--
`(1) Parts 4 and 5 commence on 1 December 2005.
`(2) The following provisions commence on 1 January 2006--
· section 3
· section 4(2), to the extent it inserts the definitions Anzac
Day event, development approval, post-amended Act,
pre-amended Act and relevant period
· sections 5 to 24 and 32 to 35
· section 36, other than to the extent it inserts new
sections 274 and 275.
`(3) Section 26, to the extent it inserts new section 142AL,
commences on 1 April 2006.
`(4) The remaining provisions of this Act commence on 1 March
2006.'.
2 Clause 26--
At page 18, lines 7 to 9--
omit, insert--
`(b) that part of licensed premises that--
(i) is used principally for the residential
accommodation of guests staying at the premises;
or
(ii) is a detached bottle shop.'.
2
Liquor and Other Acts Amendment Bill 2005
3 Clause 26--
At page 18, after line 35--
insert--
`(c) section 142AG does not apply to licensed premises or
premises to which a permit relates during a trading
period in which the premises are not open for business
after 1a.m.'.
4 Clause 26--
At page 19, lines 18 to 21--
omit.
5 Clause 26--
At page 24, line 13, after `prize'--
insert--
`for consumption on the premises'.
6 Clause 26--
At page 24, lines 22 to 33 and page 25, lines 1 and 2--
omit.
7 Clause 57--
At page 41, lines 13 to 15--
omit, insert--
`(a) by fax, but only if the documents mentioned in
subparagraphs (i), (ii), (iii) and (iv) are sent in the
following order--'.
8 Clause 57--
At page 41, lines 21 to 23--
omit, insert--
3
Liquor and Other Acts Amendment Bill 2005
`(iii) the relevant contract;
(iv) any other documents; and
(b) by electronic communication other than fax, if the
electronic communication contains--'.
9 Clause 57--
At page 41, lines 28 and 29--
omit, insert--
`(ii) a single document, consisting only of the warning
statement and the relevant contract, that is
protected against'.
10 Clause 57--
At page 42, lines 12 to 14--
omit, insert--
`(a) by fax, but only if the documents mentioned in
subparagraphs (i), (ii), (iii), (iv) and (v) are sent in the
following order--'.
11 Clause 57--
At page 42, lines 21 to 23--
omit, insert--
`(iv) the relevant contract;
(v) any other documents; and
(b) by electronic communication other than fax, if the
electronic communication contains--'.
12 Clause 57--
At page 42, lines 28 to 30--
omit, insert--
4
Liquor and Other Acts Amendment Bill 2005
`(ii) a single document, consisting only of the warning
statement, the information sheet and the relevant
contract, that is protected against unauthorised
change, with the'.
13 Clause 60--
At page 44, lines 17 to 32 and page 45, lines 1 to 13--
omit, insert--
`the seller or the seller's agent must, when faxing the
proposed relevant contract, fax the documents mentioned in
paragraphs (a), (b), (c) and (d) in the following order--
(a) a single cover page that includes a clear statement
directing the proposed buyer's attention to the warning
statement and the proposed relevant contract;
(b) the warning statement;
(c) the proposed relevant contract;
(d) any other documents.
`(3) If the proposed relevant contract does relate to a unit sale, the
seller or the seller's agent must, when faxing the proposed
relevant contract, fax the documents mentioned in paragraphs
(a), (b), (c), (d), (e) and (f) in the following order--
(a) a single cover page that includes a clear statement
directing the proposed buyer's attention to the warning
statement, the information sheet, the proposed relevant
contract and, if a disclosure statement has not already
been given to the buyer or to the buyer's agent, the
disclosure statement;
(b) the warning statement;
(c) the information sheet;
(d) the proposed relevant contract;
(e) if the disclosure statement has not already been given to
the buyer or the buyer's agent, the disclosure statement;
(f) any other documents.'.
5
Liquor and Other Acts Amendment Bill 2005
14 Clause 60--
At page 45, line 32, `only'--
omit.
15 Clause 60--
At page 46, lines 4 and 5--
omit, insert--
`(b) a single document, consisting only of the warning
statement and the proposed relevant contract, that is
protected against'.
16 Clause 60--
At page 46, line 10, `only'--
omit.
17 Clause 60--
At page 46, lines 17 to 19--
omit, insert--
`(b) a single document, consisting only of the warning
statement, the information sheet and the proposed
relevant contract, that is protected against unauthorised
change, with the warning'.
18 Clause 60--
At page 46, lines 23 to 26--
omit, insert--
` `(4) Despite subsection (3)(b), the disclosure statement may form
part of the single document mentioned in that provision if it
does not appear before the information sheet.'.
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