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Queensland
Liquor and Other Acts
Amendment Bill 2008
Queensland
Liquor and Other Acts Amendment Bill
2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Amendment of Liquor Act 1992
Division 1 Preliminary
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2 Amendments not relating to approved managers
4 Replacement of s 3 (Objects of Act). . . . . . . . . . . . . . . . . . . . . . . 12
3 Act's objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5 Amendment of s 3A (Principle underlying this Act for facilitating
and regulating the liquor industry) . . . . . . . . . . . . . . . . . . . . . . . . 13
6 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7 Amendment of s 4B (Meaning of liquor). . . . . . . . . . . . . . . . . . . . 15
8 Amendment of s 5 (Who is a responsible adult for a minor). . . . . 16
9 Amendment of s 9 (Ordinary trading hours) . . . . . . . . . . . . . . . . . 16
10 Amendment of s 12 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . . 17
11 Amendment of s 21 (Jurisdiction and powers of tribunal). . . . . . . 17
12 Insertion of new s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
42A Chief executive may issue guidelines. . . . . . . . . . . . . 18
13 Replacement of pt 4 (Licences and permits) . . . . . . . . . . . . . . . . 18
Part 3A Risk-assessed management plans
50 Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 19
51 Approval of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
52 Changing plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
53 Recording change of plan . . . . . . . . . . . . . . . . . . . . . 20
54 Conditions about approved plan. . . . . . . . . . . . . . . . . 21
Liquor and Other Acts Amendment Bill 2008
Contents
Part 4 Licences
Division 1 Licences under this Act
58 Available licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 2 Commercial hotel licence
59 Principal activity of a business conducted under a
commercial hotel licence . . . . . . . . . . . . . . . . . . . . . . 22
60 Authority of commercial hotel licence . . . . . . . . . . . . . 23
61 Restrictions on grant of commercial hotel licence . . . 24
62 Consumption of liquor on premises by residents
and guests ........................... 25
Division 3 Commercial special facility licence
63 Principal activity of a business under a commercial
special facility licence . . . . . . . . . . . . . . . . . . . . . . . . . 25
64 Authority of commercial special facility licence. . . . . . 26
65 Restriction on grant of commercial special facility
licence .............................. 26
Division 4 Commercial other licence
Subdivision 1 General
66 Types of commercial other licence . . . . . . . . . . . . . . . 27
Subdivision 2 Subsidiary on-premises licence
67 Principal activity of a business under a subsidiary
on-premises licence . . . . . . . . . . . . . . . . . . . . . . . . . . 27
67AA Principal activity is the provision of entertainment . . . 27
67A Principal activity is the provision of meals . . . . . . . . . 28
67B Principal activity is the provision of accommodation . 28
67C Authority of subsidiary on-premises licence . . . . . . . . 29
67D Restriction on grant of subsidiary on-premises
licence .............................. 30
67E Restriction on sale of liquor for consumption off
premises ............................. 30
Subdivision 3 Subsidiary off-premises licence
68 Principal activity of a business under a subsidiary
off-premises licence . . . . . . . . . . . . . . . . . . . . . . . . . . 31
69 Authority of subsidiary off-premises licence . . . . . . . . 31
69A Restriction on grant of subsidiary off-premises
licence .............................. 31
Subdivision 4 Bar licence
70 Principal activity of a business under a bar licence . . 32
70A Authority of bar licence . . . . . . . . . . . . . . . . . . . . . . . . 32
Page 2
Liquor and Other Acts Amendment Bill 2008
Contents
Subdivision 5 Industrial canteen licence
71 Definition for sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
71A Principal activity of a business under an industrial
canteen licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
71B Authority of industrial canteen licence . . . . . . . . . . . . 33
71C Restriction on grant of industrial canteen licence. . . . 33
Subdivision 6 Producer/wholesaler licence
72 Principal activity of a business under a
producer/wholesaler licence. . . . . . . . . . . . . . . . . . . . 33
73 Authority of producer/wholesaler licence . . . . . . . . . . 34
74 Restriction on grant of producer/wholesaler licence. . 34
75 Restriction on sale of liquor under
producer/wholesaler licence. . . . . . . . . . . . . . . . . . . . 34
Division 5 Community club licence
76 Principal activity of business under community club
licence .............................. 36
77 Authority of community club licence . . . . . . . . . . . . . . 36
78 Restrictions on grant of community club licence . . . . 39
79 Requirements of club and secretary. . . . . . . . . . . . . . 40
Division 6 Community other licence
80 Principal activity of business under community other
licence .............................. 42
81 Authority of community other licence . . . . . . . . . . . . . 42
82 Restriction on grant of community other licence and
other related matters . . . . . . . . . . . . . . . . . . . . . . . . . 43
83 Requirements of club and secretary. . . . . . . . . . . . . . 43
Division 7 Extended trading hours approval
84 Authority of extended trading hours approval . . . . . . . 45
85 Application for approval . . . . . . . . . . . . . . . . . . . . . . . 45
86 Hours to which application may relate etc. . . . . . . . . . 45
87 Restriction on grant of extended trading hours
approval ............................. 46
Part 4A Permits
Division 1 Permits under this Act
100 Available permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 2 Commercial public event permits
101 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Page 3
Liquor and Other Acts Amendment Bill 2008
Contents
101A Commercial public event permit issued jointly to 2
or more licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
102 Licensee to obtain a commercial public event
permit for selling or supplying liquor at public events . 48
103 Restriction on grant of commercial public event
permit ............................... 49
103A Area defined in commercial public event permit
forms part of licensed premises . . . . . . . . . . . . . . . . . 50
103B Authority of commercial public event permit . . . . . . . . 50
Division 3 Community liquor permit
103C Authority of community liquor permit . . . . . . . . . . . . . 50
103D Restriction on grant of community liquor permit . . . . . 51
103E Identification of premises . . . . . . . . . . . . . . . . . . . . . . 51
103F Restriction on consumption or possession of liquor . . 52
Division 4 Extended hours permit
103G Authority of extended hours permit . . . . . . . . . . . . . . 52
103H Restriction on grant of extended hours permit . . . . . . 52
103I Hours to which application may relate etc. . . . . . . . . . 53
103J Restriction on number of extended trading hours
permits for particular premises . . . . . . . . . . . . . . . . . . 54
Division 5 Restricted liquor permit
103JA Authority of restricted liquor permit. . . . . . . . . . . . . . . 54
103K Restriction on grant of restricted liquor permit and
other related matters . . . . . . . . . . . . . . . . . . . . . . . . . 55
103L Duration of permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
103M Requirements of club and secretary. . . . . . . . . . . . . . 55
Division 6 Adult entertainment permit
103N Adult entertainment code . . . . . . . . . . . . . . . . . . . . . . 57
103O Only licensees and permittees eligible for grant of
adult entertainment permit . . . . . . . . . . . . . . . . . . . . . 57
103P Authority of adult entertainment permit . . . . . . . . . . . 58
103Q Approved area to conform with requirements. . . . . . . 58
103R Duration of adult entertainment permit. . . . . . . . . . . . 58
103S Adult entertainment permit dependent on currency
of licence or community liquor permit or restricted
liquor permit .......................... 59
103T Restriction on grant of adult entertainment permit . . . 59
Division 7 Restricted area permits
103U Authority of restricted area permit . . . . . . . . . . . . . . . 60
Page 4
Liquor and Other Acts Amendment Bill 2008
Contents
103V Restriction on grant of restricted area permit . . . . . . . 60
14 Amendment of s 105 (Requirements for applications) . . . . . . . . . 61
15 Omission of s 109C (Application for grant of extended hours
permit) ....................................... 61
16 Amendment of s 110 (Application for grant of extended hours
permit not on regular basis) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
17 Replacement of s 116 (Public interest relevant to applications) . . 62
116 When community impact statement to be given to
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
18 Amendment of s 118A (Submissions on public interest) . . . . . . . 64
19 Replacement of s 121 (Conference of concerned persons and
decision by chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
121 Matters the chief executive must have regard to . . . . 64
20 Amendment of s 136 (Grounds for disciplinary action) . . . . . . . . 65
21 Insertion of new s 137E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
137E Disciplinary action against former licensee . . . . . . . . 65
22 Amendment of s 142 (Closure of premises in face of riot or
tumult) ........................................ 66
23 Insertion of new pt 5, div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 4A Training course certificate requirements
141B Application of div 4A. . . . . . . . . . . . . . . . . . . . . . . . . . 67
141C Conditions about training course certificates for
particular persons ................ 67
141D Application of s 136 . . . . . . . . . . . . . . . . . . . . . . . . . . 68
24 Replacement of pt 5, div 6 (Certain provisions about conditions
of licences and permits for Brisbane City Council area). . . . . . . . 68
Division 6 Certain provisions about conditions of licences
for Brisbane City Council area
Subdivision 1 Preliminary
142AD Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
142AE Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
142AF Purpose of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Subdivision 2 Conditions of licences
142AG Conditions about crowd controllers . . . . . . . . . . . . . . 71
142AH Conditions about closed-circuit television equipment. 71
142AI Conditions about incident and training registers . . . . 73
142AJ Conditions about drinking practices . . . . . . . . . . . . . . 74
142AK Compliance with conditions . . . . . . . . . . . . . . . . . . . . 74
Page 5
Liquor and Other Acts Amendment Bill 2008
Contents
Subdivision 3 Application of s 136 to conditions under sdiv 2
142AL Application of s 136 . . . . . . . . . . . . . . . . . . . . . . . . . . 75
25 Amendment of s 142B (Applying for approval as trainer) . . . . . . . 75
26 Insertion of new s 152A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
152A Change in principal activity of business conducted
under a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
27 Insertion of new s 155AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
155AB Supervision of volunteers--community club licence,
community other licence or restricted liquor permit . . 75
28 Amendment of ss 155A and 156 . . . . . . . . . . . . . . . . . . . . . . . . . 76
29 Insertion of new ss 156A156C . . . . . . . . . . . . . . . . . . . . . . . . . . 76
156A Irresponsible supply of liquor to a minor at a private
place etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
156B Prohibition on sale of undesirable liquor product . . . . 77
156C Interim prohibition on sale of undesirable liquor
product .............................. 78
30 Amendment of s 173B (Consumption of liquor in certain public
places prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
31 Replacement of ss 199 and 200. . . . . . . . . . . . . . . . . . . . . . . . . . 79
199 Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
200 Licence period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
32 Amendment of s 202 (Fees payable for licences and permits). . . 80
33 Omission of ss 203207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
34 Amendment of s 208 (Payment of fees) . . . . . . . . . . . . . . . . . . . . 80
35 Omission of ss 209214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
36 Amendment of s 215 (Refund of fee) . . . . . . . . . . . . . . . . . . . . . . 81
37 Amendment of s 215A (Refund of fees--general) . . . . . . . . . . . . 81
38 Amendment of s 217 (Records to be kept by licensee) . . . . . . . . 81
39 Amendment of s 218 (Powers of examination by investigator). . . 82
40 Insertion of new ss 219 and 220 . . . . . . . . . . . . . . . . . . . . . . . . . 82
219 Community investment fund . . . . . . . . . . . . . . . . . . . . 82
220 Disbursement of fees etc.. . . . . . . . . . . . . . . . . . . . . . 82
41 Insertion of new ss 224 and 225 . . . . . . . . . . . . . . . . . . . . . . . . . 83
224 Liquor accord . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
225 Additional time for consumption or removal of liquor . 84
42 Amendment of s 235 (Regulation-making power) . . . . . . . . . . . . 84
43 Insertion of pt 12, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Page 6
Liquor and Other Acts Amendment Bill 2008
Contents
Division 8 Transitional provisions for Liquor and Other
Acts Amendment Act 2008
288 Definitions for div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
289 Existing licences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
290 Existing permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
291 Extended hours permit that includes trading
between 5a.m. and 7a.m. or between 7a.m. and
10a.m. .............................. 87
292 Existing application for column 1 licence etc. . . . . . . . 88
293 Nominee for a licence or permit . . . . . . . . . . . . . . . . . 88
294 Training course certificate requirement . . . . . . . . . . . 89
295 Risk-assessed management plan conditions . . . . . . . 89
Division 3 Amendments relating to approved managers
44 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 89
45 Amendment of s 21 (Jurisdiction and powers of tribunal). . . . . . . 90
46 Insertion of new pt 4, div 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 15 Approved managers
104A Responsibility of approved manager etc. . . . . . . . . . . 91
47 Replacement of ss 107A and 107B . . . . . . . . . . . . . . . . . . . . . . . 91
107A Additional restriction on grant of licence. . . . . . . . . . . 91
107B Additional restriction on grant of permit . . . . . . . . . . . 92
48 Replacement of s 131A (Decision by chief executive on
application to continue trading in certain circumstances). . . . . . . 92
131A Decision by chief executive on application to
continue trading in certain circumstances . . . . . . . . . 92
49 Replacement of s 132 (Discharge of licensee or permittee from
obligations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
132 Discharge of licensee or permittee from obligations . 94
50 Replacement of s 134 (Cancellation, suspension or variation
of permits) .................................... 95
134 Cancellation, suspension or variation of permits . . . . 95
51 Amendment of s 141 (Order to close premises for unlawful
trading) ....................................... 97
52 Insertion of new pt 5C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Part 5C Approval as approved manager
Division 1 Obtaining approval
142Q Applying for approval . . . . . . . . . . . . . . . . . . . . . . . . . 97
142R Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Page 7
Liquor and Other Acts Amendment Bill 2008
Contents
142S Grant of application . . . . . . . . . . . . . . . . . . . . . . . . . . 99
142T Refusal to grant application . . . . . . . . . . . . . . . . . . . . 99
Division 2 Renewal
142U Applying for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . 99
142V Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 100
142W Renewal of approval . . . . . . . . . . . . . . . . . . . . . . . . . . 100
142X Refusal to renew approval . . . . . . . . . . . . . . . . . . . . . 100
142Y Approval continues pending decision about renewal . 101
Division 3 Lapsing of applications
142Z Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . 101
Division 4 Suspension and cancellation of approvals
142ZA Grounds for suspension or cancellation . . . . . . . . . . . 102
142ZB Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
142ZC Representations about show cause notices . . . . . . . . 103
142ZD Ending show cause process without further action . . 103
142ZE Suspension or cancellation . . . . . . . . . . . . . . . . . . . . 104
53 Replacement of s 149 (Licensee to exercise control over
premises) ..................................... 105
149 Employment on licensed premises. . . . . . . . . . . . . . . 105
54 Replacement of s 149B (Supervising adult entertainment) . . . . . 105
149B Supervising adult entertainment. . . . . . . . . . . . . . . . . 105
55 Insertion of new pt 6, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Division 1A Provisions binding particular licensees and
permittees
155AC Application of div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . 106
155AD Who must be present or reasonably available at
licensed premises etc. . . . . . . . . . . . . . . . . . . . . . . . . 106
155AE Approved managers register . . . . . . . . . . . . . . . . . . . 107
155AF Exemption from obligation under s 155AD(3). . . . . . . 108
Part 3 Amendment of Police Powers and Responsibilities Act 2000
56 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
57 Amendment of s 53 (Prevention of particular offences relating to
liquor) ......................................... 110
58 Insertion of new ss 53A and 53B . . . . . . . . . . . . . . . . . . . . . . . . . 111
53A Seizure of liquor from a minor in particular
circumstances ........................... 111
53B Entry powers for vehicles referred to in ss 53 and 53A 112
Page 8
Liquor and Other Acts Amendment Bill 2008
Contents
Part 4 Amendment of Acts
59 Consequential and other amendments of Acts . . . . . . . . . . . . . . 112
Schedule 1 Consequential and other amendments of Acts . . . . . . . . . . . 113
Cairns Casino Agreement Act 1993 . . . . . . . . . . . . . . . . . . . . . . . 113
Charitable and Non-Profit Gaming Act 1999 . . . . . . . . . . . . . . . . 113
Gaming Machine Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Liquor Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Tobacco and Other Smoking Products Act 1998 . . . . . . . . . . . . . 123
Schedule 2 Amendments of the Liquor Act 1992 relating to approved
managers ..................................... 124
Page 9
2008
A Bill
for
An Act to amend the Liquor Act 1992 and the Police Powers and
Responsibilities Act 2000 for particular purposes, and to make
consequential amendments of other Acts as stated in schedule
1 for purposes related to those particular purposes
Liquor and Other Acts Amendment Bill 2008
Part 1 Preliminary
[s 1]
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 2008. 5
Clause 2 Commencement 6
This Act, other than sections 4, 5, 7, 8, 12, 22, 29 and 41 and 7
part 3, commences on 1 January 2009. 8
Part 2 Amendment of Liquor Act 1992 9
Division 1 Preliminary 10
Clause 3 Act amended in pt 2 11
This part amends the Liquor Act 1992. 12
Division 2 Amendments not relating to 13
approved managers 14
Clause 4 Replacement of s 3 (Objects of Act) 15
Section 3-- 16
omit, insert-- 17
Page 12
Liquor and Other Acts Amendment Bill 2008
Part 2 Amendment of Liquor Act 1992
[s 5]
`3 Act's objects 1
`This Act's objects are-- 2
(a) to regulate the liquor industry in a way compatible with 3
minimising harm caused by alcohol abuse and misuse; 4
and 5
Examples of harm-- 6
· adverse effects on a person's health 7
· personal injury 8
· property damage 9
· violent or anti-social behaviour 10
(b) to facilitate and regulate the optimum development of 11
the tourist, liquor and hospitality industries of the State 12
having regard to the welfare, needs and interests of the 13
community and the economic implications of change; 14
and 15
(c) to provide for the jurisdiction of the tribunal to hear and 16
decide appeals authorised by this Act; and 17
(d) to provide for a flexible, practical system for regulation 18
of the liquor industry of the State with minimal 19
formality, technicality or intervention consistent with 20
the proper and efficient administration of this Act; and 21
(e) to regulate the sale and supply of liquor in particular 22
areas to minimise harm caused by alcohol abuse and 23
misuse and associated violence; and 24
(f) to regulate the provision of adult entertainment; and 25
(g) to provide revenue for the State to enable the attainment 26
of this Act's objects and for other purposes of 27
government.'. 28
Clause 5 Amendment of s 3A (Principle underlying this Act for 29
facilitating and regulating the liquor industry) 30
Section 3A(4)-- 31
omit, insert-- 32
Page 13
Liquor and Other Acts Amendment Bill 2008
Part 2 Amendment of Liquor Act 1992
[s 6]
`(4) This section applies subject to this Act's object mentioned in 1
section 3(a).'. 2
Clause 6 Amendment of s 4 (Definitions) 3
Section 4-- 4
insert-- 5
`approved extended trading hours, for licensed premises, 6
means the trading hours mentioned in an extended trading 7
hours approval for the premises that is endorsed, under section 8
85(1), on the licence. 9
approved risk-assessed management plan see section 50. 10
bar licence means a commercial other licence for conducting 11
a business with the principal activity mentioned in section 70. 12
column 1 licence, for part 12, division 8, see section 288. 13
column 2 licence, for part 12, division 8, see section 288. 14
column 1 permit, for part 12, division 8, see section 288. 15
column 2 permit, for part 12, division 8, see section 288. 16
community impact statement means a statement by that name 17
required to be given to the chief executive under section 116. 18
community investment fund, for part 9, see section 199. 19
current training course certificate means a training course 20
certificate that is in force. 21
extended trading hours approval see section 84. 22
fee includes a tax. 23
industrial canteen licence means a commercial other licence 24
for conducting a business with the principal activity 25
mentioned in section 71A. 26
main premises, for part 4A, division 2, see section 101. 27
producer/wholesaler licence means a commercial other 28
licence for conducting a business with the principal activity 29
mentioned in section 72. 30
Page 14
Liquor and Other Acts Amendment Bill 2008
Part 2 Amendment of Liquor Act 1992
[s 7]
remote industrial locality, for part 3A, division 4, subdivision 1
5, see section 71 2
risk-assessed management plan see section 50. 3
subsidiary off-premises licence means a commercial other 4
licence for conducting a business with the principal activity 5
mentioned in section 68. 6
subsidiary on-premises licence means a commercial other 7
licence for conducting a business with the principal activity 8
mentioned in section 67. 9
training course certificate means a certificate in the approved 10
form-- 11
(a) given to a person, for satisfactorily completing the 12
approved training course, by someone who holds an 13
approval under part 5A as a trainer for the course; and 14
(b) stating the certificate remains in force for 3 years after it 15
is given to the person.'. 16
Clause 7 Amendment of s 4B (Meaning of liquor) 17
(1) Section 4B(2)-- 18
insert-- 19
`Examples of other substances-- 20
ice confections, jellies and aerosol sprays'. 21
(2) Section 4B(3)-- 22
renumber as section 4B(4). 23
(3) Section 4B-- 24
insert-- 25
`(3) Liquor also includes any other substance containing ethyl 26
alcohol (ethanol), which substance is prescribed under a 27
regulation as liquor.'. 28
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Part 2 Amendment of Liquor Act 1992
[s 8]
Clause 8 Amendment of s 5 (Who is a responsible adult for a 1
minor) 2
Section 5(b), from `, while' to `places,'-- 3
omit. 4
Clause 9 Amendment of s 9 (Ordinary trading hours) 5
(1) Section 9-- 6
insert-- 7
`(1A) Subject to subsections (2) and (3), on any day other than Good 8
Friday or Christmas Day, ordinary trading hours of licensed 9
premises, other than premises to which a producer/wholesaler 10
licence relates or an airport or casino to which a commercial 11
special facility licence relates, are between 10a.m. and 12 12
midnight. 13
`(1B) Subject to subsections (2) and (3), on any day other than Good 14
Friday or Christmas Day, ordinary trading hours of an airport 15
or casino to which a commercial special facility licence 16
relates are between 5a.m. and 12 midnight.'. 17
(2) Section 9(3)(a)(ii), `or (c)'-- 18
omit. 19
(3) Section 9(3)(b)-- 20
omit. 21
(4) Section 9(3)(c)-- 22
renumber as section 9(3)(b). 23
(5) Section 9(5)-- 24
omit, insert-- 25
`(5) Subject to subsection (2), on Good Friday and Christmas Day 26
ordinary trading hours of all licensed premises, other than 27
premises to which a producer/wholesaler licence relates, 28
are-- 29
(a) for sale of liquor to a person to consume on the premises 30
in association with the consumer eating a meal in a part 31
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[s 10]
of the premises ordinarily set aside for dining if the meal 1
is prepared, served and intended to be eaten on the 2
premises--between 10a.m. and 12 midnight; or 3
(b) for other sale of liquor--nil.'. 4
(6) Section 9(6) and (8) to (11)-- 5
omit. 6
(7) Section 9(7), `7a.m.'-- 7
omit, insert-- 8
`10a.m.'. 9
Clause 10 Amendment of s 12 (Exemptions) 10
Section 12(2)-- 11
insert-- 12
`(j) a sale of liquor forming part of a floral arrangement or 13
gift basket to be delivered as a gift to a person (the 14
relevant person) other than the purchaser of the floral 15
arrangement or gift basket, if-- 16
(i) the sale is part of a florist's business or the business 17
of a person selling gift baskets; and 18
(ii) the relevant person is an adult; and 19
(iii) the gift is to be delivered to a place other than the 20
place at which the business mentioned in 21
subparagraph (i) is conducted; and 22
(iv) the quantity of the liquor is not more than 1L; and 23
(v) the total value of the liquor and the container in 24
which it is supplied is not more than one-half of 25
the gift's sale price; and 26
(vi) the liquor had been purchased on a retail basis.'. 27
Clause 11 Amendment of s 21 (Jurisdiction and powers of tribunal) 28
(1) Section 21(1)-- 29
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Part 2 Amendment of Liquor Act 1992
[s 12]
insert-- 1
`(ea) the refusal to grant an application to change an approved 2
risk-assessed management plan; or'. 3
(2) Section 21(1)(f), `assessment, reassessment or imposition 4
of'-- 5
omit. 6
Clause 12 Insertion of new s 42A 7
After section 42-- 8
insert-- 9
`42A Chief executive may issue guidelines 10
`(1) The chief executive may issue guidelines to inform persons 11
about-- 12
(a) the attitude the chief executive is likely to adopt on a 13
particular matter; or 14
(b) how the chief executive administers this Act. 15
`(2) A guideline may be replaced or amended by a later guideline 16
issued under this section. 17
`(3) The chief executive must keep copies of the guidelines 18
available for inspection, free of charge, by members of the 19
public at-- 20
(a) the department's head office and regional offices; and 21
(b) other places the chief executive considers appropriate. 22
`(4) Also, the chief executive must, if asked by a person, give the 23
person a copy of a guideline, or an extract from a guideline, 24
free of charge.'. 25
Clause 13 Replacement of pt 4 (Licences and permits) 26
Part 4-- 27
omit, insert-- 28
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Part 2 Amendment of Liquor Act 1992
[s 13]
`Part 3A Risk-assessed management 1
plans 2
`50 Definitions for pt 3A 3
`In this part-- 4
approved risk-assessed management plan, for licensed 5
premises or premises to which a restricted liquor permit 6
relates, means a risk-assessed management plan approved 7
under section 51 for the premises, and includes the plan as 8
changed under section 52. 9
risk-assessed management plan, for licensed premises or 10
premises to which a restricted liquor permit relates, means a 11
document containing information about the procedures and 12
practices, relating to the matters prescribed under a regulation, 13
for the conduct of business at the premises. 14
`51 Approval of plan 15
`(1) This section applies if the chief executive issues a licence or 16
restricted liquor permit. 17
`(2) The chief executive is taken to have approved the 18
risk-assessed management plan identified in the licence or 19
permit. 20
`(3) The chief executive must endorse the plan with the chief 21
executive's written approval and give the endorsed plan to the 22
licensee or permittee. 23
`52 Changing plan 24
`(1) A licensee, or permittee for a restricted liquor permit, may 25
apply to the chief executive to change the licensee's, or 26
permittee's, approved risk-assessed management plan for the 27
licensed premises or premises to which the permit relates. 28
`(2) In deciding whether to grant the application, the chief 29
executive must have regard to the requirements for a 30
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[s 13]
risk-assessed management plan mentioned in the definition 1
risk-assessed management plan in section 50. 2
`(3) If the chief executive decides to grant the application, the 3
chief executive must as soon as practicable give the licensee 4
or permittee written notice of the decision. 5
`(4) The change takes effect on the day stated for the change in the 6
notice and does not depend on-- 7
(a) the plan being amended to incorporate the change; or 8
(b) the licence or permit being amended to identify the 9
amended plan. 10
`(5) If the chief executive decides not to grant the application, the 11
chief executive must as soon as practicable give the licensee 12
or permittee written notice of the decision and the reasons for 13
it. 14
`(6) If the chief executive fails to decide the application within 90 15
days after its receipt, the failure is taken to be a decision by 16
the chief executive not to grant the application. 17
`53 Recording change of plan 18
`(1) This section applies if a licensee or permittee receives a notice 19
under section 52(3) about a change to the licensee's, or 20
permittee's, approved risk-assessed management plan for the 21
licensed premises or premises to which the permit relates. 22
`(2) Within 14 days after receiving the notice, the licensee or 23
permittee must return the following documents to the chief 24
executive-- 25
(a) the plan, incorporating the change; 26
(b) the licensee's licence, or permittee's permit, in which 27
the plan is identified. 28
Maximum penalty--25 penalty units. 29
`(3) On receiving the plan, incorporating the change, the chief 30
executive must immediately endorse the plan with the chief 31
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Liquor and Other Acts Amendment Bill 2008
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[s 13]
executive's written approval and give the endorsed plan to the 1
licensee or permittee. 2
`(4) On receiving the licence or permit, the chief executive must 3
immediately amend the licence or permit to identify the 4
amended plan and give the amended licence or permit to the 5
licensee or permittee. 6
`54 Conditions about approved plan 7
`(1) It is a condition of a licence or restricted liquor permit that the 8
licensee or permittee-- 9
(a) keep the approved plan available for inspection at the 10
licensed premises or premises to which the permit 11
relates by an investigator and patrons of the premises; 12
and 13
(b) display signage at the premises in a way that is likely to 14
make the patrons aware that-- 15
(i) the licensee or permittee has an approved 16
risk-assessed management plan for the premises; 17
and 18
(ii) the approved plan is available for inspection by the 19
patrons; and 20
(c) ensure all staff of the premises, and crowd controllers 21
engaged in maintaining order in and around the 22
premises, are aware of, and perform their duties at the 23
premises in compliance with, the approved plan. 24
`(2) In this section-- 25
approved plan means the licensee's, or permittee's, approved 26
risk-assessed management plan for the premises. 27
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[s 13]
`Part 4 Licences 1
`Division 1 Licences under this Act 2
`58 Available licences 3
`(1) The following licences may be granted and held under this 4
Act-- 5
(a) commercial hotel licence; 6
(b) commercial special facility licence; 7
(c) commercial other licence; 8
(d) community club licence; 9
(e) community other licence. 10
`(2) Only 1 licence may be granted or held for premises, or part of 11
premises, but a licence may be granted or held for the 12
premises or part even though there is a licence under the Wine 13
Industry Act 1994 for the premises or part. 14
`(3) However, if a licence is granted or held for premises, or part of 15
premises, under this Act and the Wine Industry Act 1994-- 16
(a) the licensee under both Acts must be the same person; 17
and 18
(b) liquor may be sold under the licence under this Act only 19
for the trading hours authorised under the licence. 20
`Division 2 Commercial hotel licence 21
`59 Principal activity of a business conducted under a 22
commercial hotel licence 23
`(1) The principal activity of a business conducted under a 24
commercial hotel licence is the sale of liquor for consumption 25
on the licensed premises, or on and off the premises, together 26
with-- 27
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Liquor and Other Acts Amendment Bill 2008
Part 2 Amendment of Liquor Act 1992
[s 13]
(a) the provision of meals and accommodation, as required 1
under the licence; and 2
(b) the provision of premises and catering facilities for use 3
by persons genuinely attending a function held on the 4
premises. 5
`(2) The authority under a commercial hotel licence to sell liquor 6
does not apply unless a business is conducted on the licensed 7
premises with the principal activity as mentioned in 8
subsection (1). 9
`(3) To remove doubt, it is declared that it is inconsistent with the 10
principal activity of a business conducted under a commercial 11
hotel licence to only sell liquor for consumption off the 12
premises. 13
`60 Authority of commercial hotel licence 14
`(1) A commercial hotel licence authorises the licensee-- 15
(a) to sell liquor on the licensed premises, for consumption 16
on or off the premises, during ordinary trading hours or 17
approved extended trading hours; and 18
(b) to sell liquor on the licensed premises, for consumption 19
on or off the premises, at any time to a resident on the 20
premises; and 21
(c) to sell liquor on the licensed premises, for consumption 22
on the premises, at any time to a guest of a resident on 23
the premises while the guest is in the resident's 24
company; and 25
(d) to sell liquor on premises approved by the chief 26
executive for sale of liquor under authority of the 27
licence, for consumption-- 28
(i) off the premises; or 29
(ii) on the premises in the amount and in the 30
circumstances prescribed by regulation. 31
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Liquor and Other Acts Amendment Bill 2008
Part 2 Amendment of Liquor Act 1992
[s 13]
Note-- 1
Premises approved by the chief executive under subsection (1)(d) 2
are detached bottle shops under this Act. 3
`(2) If the chief executive states in the licence, the authority of a 4
commercial hotel licence extends to the sale of liquor off the 5
licensed premises, for consumption off the premises, while 6
the licensee is catering for a function if-- 7
(a) the sale is ancillary to the function at the place where the 8
liquor is consumed; and 9
(b) the liquor is sold for consumption by persons genuinely 10
attending the function. 11
`(3) The authority under subsection (1) or (2) is subject to this Act 12
and the conditions stated in a particular licence. 13
`(4) Premises approved by the chief executive for sale of liquor 14
under the authority of a commercial hotel licence are part of 15
the licensed premises to which the licence relates. 16
`61 Restrictions on grant of commercial hotel licence 17
`(1) The chief executive may grant a commercial hotel licence 18
only if the chief executive is satisfied of the following-- 19
(a) the business to be conducted under the licence on the 20
licensed premises will have the principal activity as 21
mentioned in section 59(1); 22
(b) the business to be conducted under the licence on the 23
licensed premises will have a commercial kitchen and at 24
least 2 of the following facilities-- 25
(i) a dining, restaurant, or bistro-style, facility; 26
(ii) self-contained accommodation of at least 3 rooms 27
for letting to travellers; 28
(iii) a function room facility available for hire by 29
members of the public; 30
(c) the licensed premises-- 31
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Liquor and Other Acts Amendment Bill 2008
Part 2 Amendment of Liquor Act 1992
[s 13]
(i) have the capacity to seat more than 60 patrons at 1
any one time; and 2
(ii) have toilet facilities for male and female patrons of 3
the business to be conducted under the licence on 4
the premises. 5
`(2) The chief executive must not grant a commercial hotel licence 6
to a person-- 7
(a) for premises the chief executive reasonably considers 8
are, or are to be, used primarily as a supermarket; or 9
(b) if the chief executive considers that the sale of liquor 10
proposed to be carried on under authority of the licence 11
would more appropriately be carried on under the 12
authority of a licence of another kind. 13
`(3) Also, the chief executive must not grant a commercial hotel 14
licence to an incorporated association under the Associations 15
Incorporation Act 1981. 16
`62 Consumption of liquor on premises by residents 17
and guests 18
`Liquor supplied under the authority of a commercial hotel 19
licence to a resident on the licensed premises, or to a guest of 20
a resident in the resident's company, for consumption on the 21
premises at any time other than ordinary trading hours, or 22
approved extended trading hours, must be consumed in a 23
residential unit on the premises. 24
`Division 3 Commercial special facility licence 25
`63 Principal activity of a business under a commercial 26
special facility licence 27
`(1) The principal activity of a business conducted under a 28
commercial special facility licence is the provision of one of 29
the following facilities-- 30
(a) a casino; 31
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Liquor and Other Acts Amendment Bill 2008
Part 2 Amendment of Liquor Act 1992
[s 13]
(b) an airport; 1
(c) a convention centre; 2
(d) another type of facility, other than a sporting facility, 3
that makes, or is likely to make, a significant 4
contribution to the tourism development of the State. 5
`(2) The authority under a commercial special facility licence to 6
sell or supply liquor does not apply unless a business is 7
conducted on the licensed premises with the principal activity 8
as mentioned in subsection (1). 9
`64 Authority of commercial special facility licence 10
`(1) A commercial special facility licence authorises the licensee 11
to sell liquor on the licensed premises, for consumption on or 12
off the premises, during the times stated in the licence. 13
`(2) The authority under subsection (1) is subject to this Act and 14
the conditions that the chief executive has stated in the 15
particular licence. 16
`65 Restriction on grant of commercial special facility 17
licence 18
`(1) The chief executive may grant a commercial special facility 19
licence only if the chief executive is satisfied the business to 20
be conducted under the licence on the licensed premises will 21
have the principal activity as mentioned in section 63(1). 22
`(2) The chief executive must not grant a commercial special 23
facility licence if the chief executive considers that the supply 24
of liquor proposed to be provided under authority of the 25
licence would more appropriately be carried on under the 26
authority of a licence of another kind. 27
`(3) Also, the chief executive must not grant a commercial special 28
facility licence to a person for premises the chief executive 29
reasonably considers are, or are to be, used primarily as a 30
supermarket. 31
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Part 2 Amendment of Liquor Act 1992
[s 13]
`Division 4 Commercial other licence 1
`Subdivision 1 General 2
`66 Types of commercial other licence 3
`The following types of commercial other licence may be 4
granted and held under this Act-- 5
(a) subsidiary on-premises licence; 6
(b) subsidiary off-premises licence; 7
(c) bar licence; 8
(d) industrial canteen licence; 9
(e) producer/wholesaler licence. 10
`Subdivision 2 Subsidiary on-premises licence 11
`67 Principal activity of a business under a subsidiary 12
on-premises licence 13
`(1) The principal activity of a business conducted under a 14
subsidiary on-premises licence is the provision of an activity, 15
matter or service to which the sale of liquor for consumption 16
on the licensed premises is a subsidiary aspect. 17
`(2) The authority under a subsidiary on-premises licence to sell or 18
supply liquor does not apply unless a business is conducted on 19
the licensed premises with the principal activity as mentioned 20
in subsection (1). 21
`67AA Principal activity is the provision of entertainment 22
`(1) This section applies if the principal activity of a business 23
conducted under a subsidiary on-premises licence is the 24
provision of entertainment on the licensed premises. 25
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[s 13]
`(2) The authority of the licence is restricted to the sale and supply 1
of liquor to a person for consumption on the premises in 2
association with the person being provided entertainment on 3
the premises. 4
`67A Principal activity is the provision of meals 5
`(1) This section applies if the principal activity of a business 6
conducted under a subsidiary on-premises licence is the 7
provision of meals prepared, and served to be eaten, on the 8
licensed premises. 9
`(2) The authority of the licence is restricted to the following-- 10
(a) the sale and supply of liquor for consumption on the 11
premises-- 12
(i) in association with a consumer eating a meal on the 13
premises; and 14
(ii) to persons on the premises other than in association 15
with the persons eating meals; 16
(b) the sale and supply of 1 opened and 1 unopened bottle 17
of wine for consumption off the premises to each adult 18
consumer eating a meal. 19
`67B Principal activity is the provision of accommodation 20
`(1) This section applies if the principal activity of a business 21
conducted under a subsidiary on-premises licence is the 22
provision of accommodation. 23
`(2) The licence authorises the licensee to sell liquor on the 24
licensed premises-- 25
(a) at any time-- 26
(i) to a resident on the licensed premises, or a guest of 27
a resident in the resident's company, for 28
consumption on the premises; or 29
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Liquor and Other Acts Amendment Bill 2008
Part 2 Amendment of Liquor Act 1992
[s 13]
(ii) to a resident on the licensed premises in a quantity 1
of not more than 9L on any day, for consumption 2
off the premises; and 3
(b) during ordinary trading hours or approved extended 4
trading hours, to any person, including a person not 5
eating a meal, for consumption in a part of the premises 6
stated in the licence as ordinarily set aside for dining. 7
`(3) Liquor supplied under authority of the licence to a resident on 8
the licensed premises or a guest of a resident in the resident's 9
company, for consumption on the premises outside ordinary 10
trading hours or approved extended trading hours, must be 11
consumed in a residential unit on the premises. 12
`67C Authority of subsidiary on-premises licence 13
`(1) A subsidiary on-premises licence authorises the licensee to 14
sell liquor in association with an activity, matter or service 15
provided on the licensed premises, or on premises of which 16
the licensed premises form part, which activity, matter or 17
service is the primary purpose to be served by conduct of 18
business under authority of the licence-- 19
(a) for consumption on the licensed premises; and 20
(b) if the chief executive so stated in the licence--for 21
consumption off the licensed premises; 22
during ordinary trading hours or approved extended trading 23
hours. 24
`(2) Subject to section 67E, if the chief executive states in the 25
licence, the authority of a subsidiary on-premises licence 26
extends to the sale of liquor on premises other than the 27
licensed premises for consumption on the other premises. 28
`(3) The authority under subsection (1) or (2) is subject to this Act 29
and the conditions stated in a particular licence. 30
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`67D Restriction on grant of subsidiary on-premises 1
licence 2
`The chief executive must not grant a subsidiary on-premises 3
licence to a person for a vehicle the chief executive reasonably 4
considers is, or is to be, used primarily to transport persons by 5
road between licensed premises. 6
`67E Restriction on sale of liquor for consumption off 7
premises 8
`(1) The chief executive may decide that liquor may be sold under 9
authority of a subsidiary on-premises licence for consumption 10
off the licensed premises only if the chief executive is 11
satisfied that sale of the liquor will be made only in the course 12
of the licensee providing catering facilities for functions. 13
`(2) The authority conferred by a subsidiary on-premises licence 14
to sell liquor for consumption off the licensed premises is 15
restricted to the sale of liquor-- 16
(a) as ancillary to a function that-- 17
(i) happens at a place at which the liquor is consumed; 18
and 19
(ii) includes the licensee providing food for the 20
function of sufficient substance as to be ordinarily 21
accepted as a meal for consumption by persons 22
genuinely attending the function, even though the 23
food may be eaten while standing and without 24
cutlery; and 25
(b) for consumption by persons genuinely attending the 26
function. 27
`(3) Subsection (4) applies if the principal activity of a business 28
conducted under a subsidiary on-premises licence is the 29
provision of meals prepared, and served to be eaten, on the 30
licensed premises. 31
`(4) Subsections (1) and (2) do not apply to the licence in relation 32
to a sale or supply of liquor under section 67A(2)(b). 33
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Liquor and Other Acts Amendment Bill 2008
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[s 13]
`Subdivision 3 Subsidiary off-premises licence 1
`68 Principal activity of a business under a subsidiary 2
off-premises licence 3
`(1) The principal activity of a business conducted under a 4
subsidiary off-premises licence is the provision of an activity, 5
matter or service to which the sale of liquor for consumption 6
off the licensed premises is a subsidiary aspect. 7
`(2) The authority under a subsidiary off-premises licence to sell 8
or supply liquor does not apply unless a business is conducted 9
on the licensed premises with the principal activity as 10
mentioned in subsection (1). 11
`69 Authority of subsidiary off-premises licence 12
`(1) A subsidiary off-premises licence authorises the licensee, 13
during the times stated in the licence, to sell liquor on the 14
licensed premises, for consumption off the premises, if the 15
amount of each sale is not more than-- 16
(i) if the chief executive stated an amount in the 17
licence--the amount stated by the chief executive; or 18
(ii) in any other case--2L. 19
`(2) The authority under subsection (1) is subject to this Act and 20
the conditions stated in the particular licence. 21
`69A Restriction on grant of subsidiary off-premises 22
licence 23
`(1) The chief executive must not grant a subsidiary off-premises 24
licence to a person for premises the chief executive reasonably 25
considers are, or are to be, used primarily as a supermarket. 26
`(2) Also, the chief executive must not grant a subsidiary 27
off-premises licence to a person for premises the chief 28
executive reasonably considers are, or are to be, used 29
primarily for the hiring out of party equipment. 30
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Liquor and Other Acts Amendment Bill 2008
Part 2 Amendment of Liquor Act 1992
[s 13]
`Subdivision 4 Bar licence 1
`70 Principal activity of a business under a bar licence 2
`(1) The principal activity of a business conducted under a bar 3
licence is the sale of liquor on the licensed premises having 4
the capacity to seat not more than 60 patrons at any one time. 5
`(2) The authority under a bar licence to sell or supply liquor does 6
not apply unless a business is conducted on the licensed 7
premises with the principal activity as mentioned in 8
subsection (1). 9
`70A Authority of bar licence 10
`(1) A bar licence authorises the licensee to sell liquor on the 11
licensed premises for consumption on the premises during 12
ordinary trading hours or approved extended trading hours. 13
`(2) The authority under subsection (1) is subject to this Act and 14
the conditions stated in a particular licence. 15
`Subdivision 5 Industrial canteen licence 16
`71 Definition for sdiv 5 17
`In this subdivision-- 18
remote industrial locality means a locality at which-- 19
(a) there is no permanent residential population; and 20
(b) mining, or rail or road construction, activities are 21
happening. 22
`71A Principal activity of a business under an industrial 23
canteen licence 24
`(1) The principal activity of a business conducted under an 25
industrial canteen licence is the sale of liquor on the licensed 26
premises located within a remote industrial locality. 27
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[s 13]
`(2) The authority under an industrial canteen licence to sell or 1
supply liquor does not apply unless a business is conducted on 2
the licensed premises with the principal activity as mentioned 3
in subsection (1). 4
`71B Authority of industrial canteen licence 5
`(1) An industrial canteen licence authorises the licensee to sell 6
liquor to a relevant person on the licensed premises, for 7
consumption on or off the premises. 8
`(2) The authority under subsection (1) is subject to this Act and 9
the conditions stated in a particular licence. 10
`(3) In this section-- 11
relevant person means-- 12
(a) a person working at the remote industrial locality within 13
which the premises are located; or 14
(b) a member of the family, or a guest, of a person 15
mentioned in paragraph (a). 16
`71C Restriction on grant of industrial canteen licence 17
`The chief executive may grant an industrial canteen licence 18
in relation to a remote industrial locality only if there is no 19
other licensed premises located within the locality. 20
`Subdivision 6 Producer/wholesaler licence 21
`72 Principal activity of a business under a 22
producer/wholesaler licence 23
`(1) The principal activity of a business conducted under a 24
producer/wholesaler licence is either or both of the 25
following-- 26
(a) the production and wholesale sale on the licensed 27
premises of liquor made on the premises; 28
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[s 13]
(b) the wholesale sale on the licensed premises of liquor. 1
`(2) The authority under a producer/wholesaler licence to sell or 2
supply liquor does not apply unless a business is conducted on 3
the licensed premises with the principal activity as mentioned 4
in subsection (1). 5
`73 Authority of producer/wholesaler licence 6
`(1) A producer/wholesaler licence authorises the licensee-- 7
(a) if the licensee is a producer of liquor--to sell on the 8
licensed premises liquor produced or made on the 9
premises, for consumption on or off the premises, 10
during ordinary trading hours or approved extended 11
trading hours; or 12
(b) if the licensee is a wholesale supplier of liquor--to sell 13
liquor on the licensed premises, for consumption off the 14
premises, during ordinary trading hours. 15
`(2) The authority under subsection (1) is subject to this Act and 16
the conditions stated in a particular licence. 17
`74 Restriction on grant of producer/wholesaler licence 18
`The chief executive may grant a producer/wholesaler licence 19
only if the chief executive is satisfied the business to be 20
conducted under the licence on the licensed premises will 21
have the principal activity as mentioned in section 72(1). 22
`75 Restriction on sale of liquor under 23
producer/wholesaler licence 24
`(1) Subject to subsection (2), the holder of a producer/wholesaler 25
licence must not sell liquor to a person other than-- 26
(a) a licensee or permittee; or 27
(b) a licensee under the Wine Industry Act 1994; or 28
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Liquor and Other Acts Amendment Bill 2008
Part 2 Amendment of Liquor Act 1992
[s 13]
(c) a person engaged in an activity to which this Act is 1
prescribed not to apply, if the sale is for the purpose of 2
that activity; or 3
(d) a person authorised by a law of the Commonwealth, 4
another State or a Territory or foreign country to sell 5
liquor, or the person's agent; or 6
(e) a person exempt from the application of a law of the 7
Commonwealth, another State or a Territory relating to 8
the sale of liquor, or the person's agent, if the sale is 9
made in circumstances in which the person is so exempt; 10
or 11
(f) a person who purchases the liquor for export; or 12
(g) a person who purchases the liquor for stock in a duty 13
free store; or 14
(h) a person who purchases the liquor to provide it for 15
consumption on ships or aircraft on international 16
journeys; or 17
(i) a person who purchases the liquor to provide it at 18
Government House, or at a foreign embassy or 19
consulate, as part of official activities at the place; or 20
(j) a person who purchases the liquor for a religious entity 21
for sacramental purposes. 22
`(2) The holder of a producer/wholesaler licence who is a producer 23
of liquor may-- 24
(a) sell the licensee's liquor and liquor for which the 25
licensee is a wholesaler to a visitor to the licensed 26
premises for consumption on the premises in association 27
with the visitor eating a meal in a part of the premises 28
ordinarily set aside for dining if the meal is prepared, 29
served and intended to be eaten on the premises; and 30
(b) sell the licensee's liquor, for consumption on or off the 31
licensed premises, to a visitor to the licensed premises, 32
if the liquor is sold as a souvenir of the visit. 33
`(3) The holder of a producer/wholesaler licence does not 34
contravene this section by selling liquor during any period-- 35
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(a) to the holder's staff; or 1
(b) for sampling, promotions or similar purposes; 2
if such sales do not exceed 2.5% by value of the holder's total 3
sales of liquor during the period. 4
`(4) This section does not apply to the holder of a 5
producer/wholesaler licence who holds a brewery licence 6
within the meaning of the Excise Act 1901 (Cwlth), section 7
77A in relation to the sale by the licensee of the licensee's 8
liquor. 9
`(5) In this section-- 10
licensee's liquor means liquor produced on the premises to 11
which the licence relates. 12
`Division 5 Community club licence 13
`76 Principal activity of business under community club 14
licence 15
`(1) The principal activity of a business conducted under a 16
community club licence is the provision of facilities and 17
services to the club's members and the achievement of the 18
club's objects. 19
`(2) The authority under a community club licence to sell or 20
supply liquor does not apply unless a business is conducted on 21
the licensed premises with the primary purpose as mentioned 22
in subsection (1). 23
`77 Authority of community club licence 24
`(1) A community club licence authorises the licensee to sell 25
liquor on the licensed premises-- 26
(a) during ordinary trading hours, or approved extended 27
trading hours, to-- 28
(i) a member of the club, for consumption on or off 29
the premises, or a guest of a member in the 30
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member's company, for consumption on the 1
premises; or 2
(ii) a member of a reciprocal club whose members' 3
reciprocal rights are secured by formal reciprocal 4
arrangements for consumption on or off the 5
premises, or a guest of a member of such a 6
reciprocal club in the member's company for 7
consumption on the premises; or 8
(iii) an applicant for membership of the club for a 9
period of 30 days after receipt by the secretary of 10
the club of the applicant's application for 11
membership for consumption on the premises; or 12
(iv) a visitor to the club whose ordinary place of 13
residence is in another State or a Territory or in a 14
foreign country for consumption on the premises; 15
or 16
(v) a visitor to the club whose ordinary place of 17
residence is in the State at least 15km from the 18
club's premises for consumption on the premises; 19
or 20
(vi) a person attending a function or club activity, other 21
than the purpose of the club, on the premises for 22
consumption on the premises; or 23
(vii) for a club that is a RSL or Services Club--a 24
defence member for consumption on the premises; 25
and 26
(b) at any time to a resident on the premises, or a guest of a 27
resident in the resident's company, for consumption on 28
the premises. 29
`(2) Despite subsection (1)(a)(vi), if the chief executive states in a 30
community club licence that the licensed premises include 31
particular premises (the other premises) that the club owns or 32
has a legal right to occupy and the other premises may be used 33
on an infrequent basis for an event, the licence authorises the 34
licensee to sell liquor within a defined area on the other 35
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premises for the event for consumption within the defined 1
area stated in the licence if-- 2
(a) the sale is during ordinary trading hours for the licence 3
to members of the public attending the event on the 4
other premises; and 5
(b) the event is the playing of a sport or game for which the 6
club is established; and 7
Example of sport or game for which a club is established-- 8
If a rugby union club is established but the club allows other 9
clubs to use its premises for bridge or darts, or encourages the 10
rugby union club's members to play those games, the rugby 11
union club is established for rugby union and not other sports or 12
games (like bridge or darts) that may be played on its premises. 13
(c) the club is catering for the event on the other premises; 14
and 15
(d) at least 14 days before the date of the event, the club 16
gives written notice about the event to the police officer 17
in charge of the locality in which the event is to be held. 18
Example for subsection (2)-- 19
A football club may have premises with an adjacent field in 1 suburb 20
that are used on a weekly basis for training and regular games. The club 21
may also own a second field in another suburb which is used a few times 22
a year for the club's games. The chief executive may state in the 23
community club licence that the licensed premises includes defined 24
areas at 1 or both fields. The community club licence authorises the club 25
to sell liquor within the defined areas. 26
`(3) For subsection (2), the area of the other premises defined in 27
the licence forms part of the licensee's licensed premises for 28
the period the licensee is authorised to sell liquor on the other 29
premises. 30
`(4) Despite section 76(1), a community club licence does not 31
authorise the sale or supply of liquor from a facility ordinarily 32
known as a drive-in or drive through bottle shop. 33
`(5) The authority under subsections (1) and (2) is subject to this 34
Act and the conditions stated in a particular licence. 35
`(6) A visitor to the premises of a club who-- 36
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(a) with permission of an authorised agent of the 1
management committee of the club; and 2
(b) after payment of the fee, if any, ordinarily charged for 3
the purpose; 4
plays a sport or game that is part of the club's business, or that 5
is played under the auspices of the club, is taken, for the 6
purposes of subsection (1), to be a member of the club for the 7
day on which the visitor so plays. 8
`(7) If it is a team that plays a sport or game mentioned in 9
subsection (6) as visitors to the premises of a club, every 10
genuine official of the team is taken to be a visitor who has 11
played the sport or game although the official has not taken 12
part in the sport or game. 13
`(8) In this section-- 14
defence member means any of the following persons in 15
possession of a current service identity card-- 16
(a) a member of the Permanent Naval Forces, the Australian 17
Regular Army, the Regular Army Supplement or the 18
Permanent Air Force; 19
(b) a member of the Emergency Forces or the Reserve 20
Forces who is rendering continuous full-time service. 21
game does not include a game within the meaning of the 22
Gaming Machine Act 1991. 23
`78 Restrictions on grant of community club licence 24
`(1) The chief executive may grant a community club licence only 25
if the chief executive is satisfied that-- 26
(a) the business to be conducted under the licence on the 27
licensed premises will have the principal activity as 28
mentioned in section 76(1); and 29
(b) the club in question is a non-proprietary club. 30
`(2) The chief executive may not grant a community club licence 31
if-- 32
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(a) the premises to which the community club licence 1
would relate are a part of larger premises, wholly or 2
partly (the larger premises); and 3
(b) another type of licence was formerly held in relation to 4
the larger premises; and 5
(c) another type of licence is still held in relation to the 6
remainder of the larger premises, wholly or partly. 7
Example-- 8
If club A applies for a community club licence in relation to a part of 9
premises that has been excised from club B's general licence, club A's 10
application must be refused. 11
`79 Requirements of club and secretary 12
`(1) A community club licence is subject to the following 13
conditions-- 14
(a) the rules of the club must comply with the schedule, 15
except as otherwise authorised in writing by the chief 16
executive; 17
(b) if an amendment of the rules of the club is adopted by 18
the club-- 19
(i) the club's secretary must, within 14 days after the 20
adoption of the amendment, give to the chief 21
executive a certified copy of the proposed 22
amendment; and 23
(ii) the amendment takes effect at the end of 28 days 24
after receipt by the chief executive of the certified 25
copy, unless, within that period, the chief executive 26
disallows the amendment by written notice given 27
to the club's secretary; 28
(c) the club's secretary must keep on the club premises a 29
register of-- 30
(i) the name and address of each member of the club; 31
and 32
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(ii) particulars of payment of the membership 1
subscription last paid by the member; 2
(d) the club's secretary must keep on the club premises a 3
register of-- 4
(i) the name of each guest of a member or visitor to 5
the club premises; and 6
(ii) the current place of residence of each guest or 7
visitor or, if the guest or visitor is a member of a 8
reciprocal club, the name of the reciprocal club; 9
(e) the club's secretary must keep the register mentioned in 10
paragraph (c) or (d) open for inspection at any time by 11
an investigator. 12
`(2) The regulations may prescribe amendments to which 13
subsection (1)(b)(i) does not apply. 14
`(3) An amendment to which subsection (1)(b)(i) does not apply 15
takes effect as soon as it is adopted by the club. 16
`(4) Subsection (1)(d) does not apply to a person who is-- 17
(a) a minor; or 18
(b) a visitor mentioned in section 77(6) or (7). 19
`(5) A person must not make an entry in a register, or give 20
information to someone else to enter in a register, mentioned 21
in subsection (1)(c) or (d) that the person knows is false, 22
misleading or incomplete in a material particular. 23
Maximum penalty--35 penalty units. 24
`(6) It is enough for a complaint against a person for an offence 25
against subsection (5) to state that the information entered was 26
false, misleading or incomplete to the person's knowledge. 27
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`Division 6 Community other licence 1
`80 Principal activity of business under community other 2
licence 3
`(1) The principal activity of a business conducted under a 4
community other licence is the provision of facilities and 5
services to the relevant club's members and the achievement 6
of the club's objects. 7
`(2) The authority under a community other licence to sell or 8
supply liquor does not apply unless a business is conducted on 9
the licensed premises with the primary purpose as mentioned 10
in subsection (1). 11
`(3) In this section-- 12
relevant club means the club to which the licence relates. 13
`81 Authority of community other licence 14
`(1) A community other licence authorises the licensee to sell and 15
supply liquor on the licensed premises during ordinary trading 16
hours to the following persons, for consumption on the 17
premises-- 18
(a) a member of the relevant club; 19
(b) a guest of a member of the relevant club in the member's 20
company; 21
(c) a member of a reciprocal club; 22
(d) a guest of a member of a reciprocal club in the 23
member's company. 24
`(2) The authority under subsection (1) is subject to this Act and 25
the conditions stated in the licence. 26
`(3) In this section-- 27
relevant club means the club to which the licence relates. 28
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`82 Restriction on grant of community other licence and 1
other related matters 2
`(1) The chief executive may grant a community other licence 3
only if the chief executive is satisfied the relevant club is a 4
non-proprietary club. 5
`(2) The chief executive must include the following matters in a 6
community other licence-- 7
(a) the times, totalling not more than 25 hours a week, for 8
the sale of liquor under the licence; 9
(b) the area to which the licence relates. 10
`(3) In this section-- 11
relevant club means the club to which the licence relates. 12
`83 Requirements of club and secretary 13
`(1) A community other licence is subject to the following 14
conditions-- 15
(a) the rules of the relevant club must comply with the 16
schedule, unless the chief executive has given written 17
permission to the club to amend the rules; 18
(b) if an amendment of the rules of the relevant club is 19
adopted by the club-- 20
(i) within 14 days after adoption of the amendment, 21
the club's secretary must give the chief executive a 22
certified copy of the amendment; and 23
(ii) the amendment takes effect at the end of 28 days 24
after the chief executive receives the certified copy 25
unless the chief executive has disallowed the 26
amendment by written notice given to the club's 27
secretary; 28
(c) the relevant club's secretary must keep on the club 29
premises a register of-- 30
(i) the name and address of each club member; and 31
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(ii) particulars of the most recent membership 1
subscription paid by the member; 2
(d) the relevant club's secretary must keep on the club 3
premises a register of-- 4
(i) the name and current address of each guest of a 5
member; and 6
(ii) the name of each member of a reciprocal club, on 7
the premises, and the name of the reciprocal club; 8
and 9
(iii) the name and current address of each guest of a 10
member of a reciprocal club mentioned in 11
subparagraph (ii); 12
(e) the relevant club's secretary must keep the registers 13
mentioned in paragraphs (c) and (d) open for inspection 14
by an investigator at any time when the club is open. 15
`(2) The regulations may prescribe amendments to which 16
subsection (1)(b)(i) does not apply. 17
`(3) An amendment to which subsection (1)(b)(i) does not apply 18
takes effect as soon as it is adopted by the relevant club. 19
`(4) A person must not make an entry in a register, or give 20
information to someone else to enter in a register, mentioned 21
in subsection (1)(c) or (d), that the person knows is false, 22
misleading or incomplete in a material particular. 23
Maximum penalty--35 penalty units. 24
`(5) It is enough for a complaint against a person for an offence 25
against subsection (4) to state that the information entered was 26
false, misleading or incomplete to the person's knowledge. 27
`(6) In this section-- 28
relevant club means the club to which the licence relates. 29
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`Division 7 Extended trading hours approval 1
`84 Authority of extended trading hours approval 2
`An extended trading hours approval authorises the licensee 3
who is the holder of the approval to sell liquor on a regular 4
basis under authority of the licence that relates to the licensed 5
premises for which the approval is granted subject to this Act 6
at the times, and subject to the conditions, stated in the 7
approval. 8
`85 Application for approval 9
`(1) An applicant for a licence, or a licensee, may apply to the 10
chief executive for an extended trading hours approval for the 11
premises that are, or are to be, the licensed premises. 12
`(2) If the application is granted, the approval must be endorsed by 13
the chief executive on the licence. 14
`86 Hours to which application may relate etc. 15
`(1) An application may be made for an extended trading hours 16
approval for a licence other than a community other licence 17
that, if granted, would extend trading hours on a regular basis 18
to include trading between 12a.m. and 5a.m. 19
`(2) An application may be made for an extended trading hours 20
approval for a licence other than a community other licence 21
that, if granted, would extend trading hours on a regular basis 22
to include trading between 9a.m. and 10a.m. 23
`(3) The applicant for an application mentioned in subsection (2) 24
must satisfy the chief executive that there is a demonstrated 25
community need for the application to be granted. 26
`(4) An application may be made for an extended trading hours 27
approval for a community club licence that, if granted, would 28
extend trading hours on a regular basis to include trading 29
between 7a.m. and 9a.m. 30
`(5) For an application mentioned in subsection (4)-- 31
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(a) the applicant must satisfy the chief executive that there 1
is a demonstrated community need for the application to 2
be granted; or 3
(b) the club to which the licence relates must be a sporting 4
club for a sport prescribed under a regulation. 5
`(6) An application may be made for an extended trading hours 6
approval for a licence other than a community other licence 7
that, if granted, would extend trading hours on a regular basis 8
to include trading between 7a.m. and 9a.m. but only for the 9
purpose of selling and supplying liquor to or for persons 10
genuinely attending a function held on the licensed premises 11
during those hours. 12
`87 Restriction on grant of extended trading hours 13
approval 14
`The chief executive must not grant an extended trading hours 15
approval that would purport to authorise the sale of liquor at 16
any time on Good Friday, Christmas Day or Anzac Day, 17
otherwise than as prescribed by section 9. 18
`Part 4A Permits 19
`Division 1 Permits under this Act 20
`100 Available permits 21
`The following permits may be granted and held under this 22
Act-- 23
(a) a commercial public event permit; 24
(b) a community liquor permit; 25
(c) an extended hours permit; 26
(d) a restricted liquor permit; 27
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(e) an adult entertainment permit; 1
(f) a restricted area permit. 2
`Division 2 Commercial public event permits 3
`101 Definitions for div 2 4
`In this division-- 5
licence means each of the following licences for which the 6
authority under the licence is extended to allow the sale of 7
liquor on premises that are not the licence's main premises-- 8
(a) commercial hotel licence; 9
(b) subsidiary on-premises licence; 10
(c) subsidiary off-premises licence. 11
main premises means licensed premises described in a 12
licence. 13
private event means an event or occasion, held at premises 14
other than main premises, if-- 15
(a) the event or occasion is not publicly advertised or is not 16
open to the public or casual attendance; or 17
(b) attendance at the event or occasion is restricted by 18
personal invitation of the function's host; or 19
(c) admission to the event or occasion does not involve 20
paying a fee for-- 21
(i) admission; or 22
(ii) entertainment or services provided at the event or 23
occasion. 24
Examples of a private event-- 25
a 21st birthday party, boardroom lunch, company cocktail party, wedding 26
public event, in relation to a licensee, means an event or 27
occasion held at premises other than the licensee's main 28
premises, that is not a private event. 29
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Examples of a public event-- 1
a festival, public ball, race meeting, rock concert 2
`101A Commercial public event permit issued jointly to 2 3
or more licensees 4
`(1) A reference in this division to a licensee, for a commercial 5
public event permit issued jointly to 2 or more licensees, is a 6
reference to each of the licensees. 7
`(2) If a commercial public event permit is issued jointly to 2 or 8
more licensees and one of the licences is suspended, the 9
permit is taken to be suspended for the period of the 10
suspension. 11
`(3) If a commercial public event permit is issued jointly to 2 or 12
more licensees and one of the licences is cancelled, the permit 13
is taken to be cancelled. 14
`102 Licensee to obtain a commercial public event 15
permit for selling or supplying liquor at public events 16
`(1) A licensee who proposes to sell or supply liquor at a public 17
event under the licence must apply for the grant of a 18
commercial public event permit to sell or supply the liquor at 19
the public event. 20
`(2) Without limiting section 105, an application must-- 21
(a) describe the area where the liquor will be sold or 22
supplied and consumed and the area where any catering 23
to be provided by the licensee will take place; and 24
(b) be accompanied by a proposed event management plan 25
for the public event addressing all matters about which 26
the chief executive is to be satisfied under section 27
103(1). 28
`(3) An application under subsection (1) may be made jointly by 2 29
or more licensees. 30
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`103 Restriction on grant of commercial public event 1
permit 2
`(1) The chief executive must not grant a commercial public event 3
permit for a public event unless the chief executive is satisfied 4
about all of the following-- 5
(a) the licensee would, in catering for the public event, be 6
carrying out the principal activity of the business 7
conducted under the licence; 8
(b) premises in which liquor may be sold, supplied and 9
consumed at the public event are properly defined and 10
will be appropriately monitored; 11
(c) the public event will not create any undue annoyance, 12
disturbance or inconvenience to residents of the locality 13
in which the public event is to be held; 14
(d) the public event will not create an unsafe or unhealthy 15
environment for persons employed at and attending the 16
public event or residents of the locality in which the 17
public event is to be held; 18
(e) appropriate planning for the public event has been 19
carried out with the police service and local government 20
for the area in which the public event is to be held; 21
(f) any other matter prescribed under a regulation. 22
`(2) Subsection (1)(a) does not apply to an application for a 23
commercial public event permit to extend the authority of a 24
subsidiary on-premises licence if the principal activity of the 25
business conducted under the licence is the provision of 26
accommodation. 27
`(3) The chief executive must not grant a commercial public event 28
permit for a public event that would purport to authorise the 29
sale of liquor at any time on Good Friday or Christmas Day or 30
before 1.00p.m. on Anzac Day. 31
`(4) Despite subsection (3), the chief executive may grant a 32
commercial public event permit to authorise a licensee to sell 33
liquor between 5a.m. and 1p.m. on Anzac Day if-- 34
(a) the chief executive is satisfied the licensee has entered 35
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into an agreement with an RSL or Services Club to sell 1
liquor under the permit at a public event that is an Anzac 2
Day event for the club; and 3
(b) the permit authorises the sale of liquor only at the event. 4
`103A Area defined in commercial public event permit 5
forms part of licensed premises 6
`The area defined in a commercial public event permit for a 7
public event forms part of the licensee's licensed premises for 8
the period the licensee is authorised to sell or supply liquor at 9
the event under the permit. 10
`103B Authority of commercial public event permit 11
`(1) Subject to this Act, a commercial public event permit 12
authorises the licensee to sell or supply liquor-- 13
(a) at the public event stated in the permit; and 14
(b) at the times on the day or days stated in the permit; and 15
(c) subject to the conditions stated in the permit. 16
`(2) The authority of a commercial public event permit for a public 17
event extends to the sale or supply of liquor for consumption 18
within the area defined in the permit for the event. 19
`Division 3 Community liquor permit 20
`103C Authority of community liquor permit 21
`(1) Subject to this Act, a community liquor permit authorises the 22
permittee to sell liquor-- 23
(a) at the event or occasion; and 24
(b) at the times on the day or days; and 25
(c) subject to the conditions; 26
stated in the permit. 27
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`(2) Authority of a community liquor permit extends to sale of 1
liquor-- 2
(a) for consumption at the event or occasion stated in the 3
permit; and 4
(b) for removal from the venue of the event or occasion, and 5
subsequent consumption, if stated in the permit. 6
`103D Restriction on grant of community liquor permit 7
`(1) The chief executive must not grant a community liquor 8
permit-- 9
(a) for licensed premises; or 10
(b) if the chief executive considers that the supply of liquor 11
proposed to be provided under authority of the permit 12
would more appropriately be provided under authority 13
of a licence. 14
`(2) The chief executive may grant a community liquor permit 15
only to-- 16
(a) a non-proprietary club; or 17
(b) another entity, if the chief executive is satisfied all the 18
net proceeds from the sale of liquor under the permit 19
will be used for the benefit of the community. 20
`(3) If the applicant for a community liquor permit is a 21
non-proprietary club that is an unincorporated association, the 22
permit may be granted only to an individual for the 23
non-proprietary club. 24
`103E Identification of premises 25
`(1) The chief executive must-- 26
(a) define an area adjacent to each premises to which a 27
community liquor permit relates; and 28
(b) state the means by which the area must be marked out. 29
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`(2) An area defined under subsection (1) is part of the premises to 1
which the permit relates. 2
`103F Restriction on consumption or possession of liquor 3
`(1) During continuance of a community liquor permit, a person 4
must not-- 5
(a) consume liquor; or 6
(b) have liquor in possession for consumption; 7
at the venue of the event or occasion stated in the permit 8
elsewhere than in an area that is part of the premises to which 9
the permit relates. 10
`(2) Subsection (1) does not apply to consumption of, or having in 11
possession, liquor supplied by the person or association of 12
persons controlling the event or occasion in a part of the 13
venue of the event or occasion set apart for use by that person 14
or association and guests. 15
`Division 4 Extended hours permit 16
`103G Authority of extended hours permit 17
`An extended hours permit authorises the licensee who is the 18
holder of the permit to sell liquor on a particular day under 19
authority of the licence that relates to the licensed premises 20
for which the permit is granted subject to this Act at the time, 21
and subject to the conditions, stated in the permit. 22
`103H Restriction on grant of extended hours permit 23
`(1) The chief executive must not grant an extended hours permit 24
that would purport to authorise the sale of liquor at any time 25
on Good Friday, Christmas Day or Anzac Day, otherwise than 26
as prescribed by section 9. 27
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`(2) However, the chief executive may grant an extended hours 1
permit to authorise a licensee to sell liquor between 5a.m. and 2
1p.m. on Anzac Day if-- 3
(a) the chief executive is satisfied the licensee has entered 4
into an agreement with an RSL or Services Club to sell 5
liquor under the permit at an Anzac Day event for the 6
club; and 7
(b) the permit authorises the sale of liquor only at the event. 8
`103I Hours to which application may relate etc. 9
`(1) An application may be made for an extended trading hours 10
permit for a licence other than a community other licence that, 11
if granted, would extend trading hours on a particular day to 12
include trading between 12a.m. and 5a.m. 13
`(2) An application may be made for an extended trading hours 14
permit for a licence other than a community other licence that, 15
if granted, would extend trading hours on a particular day to 16
include trading between 9a.m. and 10a.m. 17
`(3) The applicant, for an application mentioned in subsection (2), 18
must satisfy the chief executive that there is a demonstrated 19
community need for the application to be granted. 20
`(4) An application may be made for an extended trading hours 21
permit for a community club licence that, if granted, would 22
extend trading hours on a particular day to include trading 23
between 7a.m. and 9a.m. 24
`(5) For an application mentioned in subsection (4)-- 25
(a) the applicant must satisfy the chief executive that there 26
is a demonstrated community need for the application to 27
be granted; or 28
(b) the club to which the licence relates must be a sporting 29
club for a sport prescribed under a regulation. 30
`(6) An application may be made for an extended trading hours 31
permit for a licence other than a community other licence that, 32
if granted, would extend trading hours on a particular day to 33
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include trading between 7a.m. and 9a.m., but only for the 1
purpose of selling and supplying liquor to or for persons 2
genuinely attending a function held on the licensed premises 3
during those hours. 4
`103J Restriction on number of extended trading hours 5
permits for particular premises 6
`(1) The chief executive may issue a maximum of 12 extended 7
trading hours permits, for particular licensed premises, 8
mentioned in section 103I(1) during a 1 year period. 9
`(2) The chief executive may issue a maximum of 4 extended 10
trading hours permits, for particular licensed premises, 11
mentioned in section 103I(2), (4) or (6) during a 1 year period. 12
`Division 5 Restricted liquor permit 13
`103JA Authority of restricted liquor permit 14
`(1) A restricted liquor permit authorises the permittee to sell and 15
supply liquor on the premises to which the permit relates to 16
the following persons, for consumption on the premises-- 17
(a) a member of the relevant club; 18
(b) a guest of a member of the relevant club in the member's 19
company; 20
(c) a member of a reciprocal club; 21
(d) a guest of a member of a reciprocal club in the 22
member's company. 23
`(2) The authority under subsection (1) is subject to this Act and 24
the conditions stated in the permit. 25
`(3) In this section-- 26
relevant club means the club to which the permit relates. 27
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`103K Restriction on grant of restricted liquor permit and 1
other related matters 2
`(1) The chief executive may grant a restricted liquor permit only 3
if the chief executive is satisfied the relevant club is a 4
non-proprietary club. 5
`(2) The chief executive must include the following matters in a 6
restricted liquor permit-- 7
(a) the times, totalling not more than 25 hours a week, for 8
the sale of liquor under the permit; 9
(b) the area to which the permit relates. 10
`(3) In this section-- 11
relevant club means the club to which the permit relates. 12
`103L Duration of permit 13
`The chief executive may grant a restricted liquor permit for a 14
period of at least 3 months but no longer than 6 months. 15
`103M Requirements of club and secretary 16
`(1) A restricted liquor permit is subject to the following 17
conditions-- 18
(a) the rules of the relevant club must comply with the 19
schedule, unless the chief executive has given written 20
permission to the club to vary the rules; 21
(b) if an amendment of the rules of the relevant club is 22
adopted by the club-- 23
(i) within 14 days after adoption of the amendment, 24
the club's secretary must give the chief executive a 25
certified copy of the amendment; and 26
(ii) the amendment takes effect at the end of 28 days 27
after the chief executive receives the certified copy 28
unless the chief executive has disallowed the 29
amendment by written notice given to the club's 30
secretary; 31
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(c) the relevant club's secretary must keep on the club 1
premises a register of-- 2
(i) the name and address of each club member; and 3
(ii) particulars of the most recent membership 4
subscription paid by the member; 5
(d) the relevant club's secretary must keep on the club 6
premises a register of-- 7
(i) the name and current address of each guest of a 8
member; and 9
(ii) the name of each member of a reciprocal club, on 10
the premises, and the name of the reciprocal club; 11
and 12
(iii) the name and current address of each guest of a 13
member of a reciprocal club mentioned in 14
subparagraph (ii); 15
(e) the relevant club's secretary must keep the registers 16
mentioned in paragraphs (c) and (d) open for inspection 17
by an investigator at any time when the club is open. 18
`(2) The regulations may prescribe amendments to which 19
subsection (1)(b)(i) does not apply. 20
`(3) An amendment to which subsection (1)(b)(i) does not apply 21
takes effect as soon as it is adopted by the relevant club. 22
`(4) A person must not make an entry in a register, or give 23
information to someone else to enter in a register, mentioned 24
in subsection (1)(c) or (d), that the person knows is false, 25
misleading or incomplete in a material particular. 26
Maximum penalty--35 penalty units. 27
`(5) It is enough for a complaint against a person for an offence 28
against subsection (4) to state that the information entered was 29
false, misleading or incomplete to the person's knowledge. 30
`(6) In this section-- 31
relevant club means the club to which the permit relates. 32
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`Division 6 Adult entertainment permit 1
`103N Adult entertainment code 2
`(1) There is to be an adult entertainment code (the code). 3
`(2) The code prescribes the live entertainment that may be 4
performed for an audience, by a person performing an act of 5
an explicit sexual nature (adult entertainment), on licensed 6
premises or premises to which a community liquor permit or 7
restricted liquor permit relates under an adult entertainment 8
permit. 9
`(3) Adult entertainment does not include the performance of the 10
following acts-- 11
(a) sexual intercourse; 12
(b) masturbation; 13
(c) oral sex. 14
`(4) The chief executive and the commissioner are to make the 15
code. 16
`(5) The code is not effective until it is approved by the Governor 17
in Council under a regulation. 18
`(6) The chief executive must ensure that a copy of the code 19
approved under subsection (5) is made available for 20
inspection without charge, or for purchase during normal 21
business hours at the office of the department in which this 22
Act is administered. 23
`(7) In this section-- 24
oral sex has the meaning given by the Criminal Code, section 25
229E(5). 26
`103O Only licensees and permittees eligible for grant of 27
adult entertainment permit 28
`(1) A person is eligible to apply for, or to be granted, an adult 29
entertainment permit only if the person is a licensee or the 30
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holder of a community liquor permit or restricted liquor 1
permit. 2
`(2) Subsection (1) does not limit another requirement about who 3
may apply for, or the grant of, an adult entertainment permit 4
under part 5. 5
`103P Authority of adult entertainment permit 6
`(1) An adult entertainment permit authorises the permittee to 7
provide adult entertainment only-- 8
(a) in an area of the permittee's premises approved by the 9
chief executive (the approved area); and 10
(b) during the hours stated in the permit. 11
`(2) The adult entertainment permit is subject to this Act and the 12
conditions prescribed under a regulation or imposed by the 13
chief executive. 14
`103Q Approved area to conform with requirements 15
`Before the chief executive approves an area as an approved 16
area, the chief executive must be satisfied the area conforms, 17
or will conform, with this Act and the following requirements 18
while adult entertainment is being provided in the area-- 19
(a) the area must be fully enclosed in a way that prevents a 20
person outside the area from seeing inside the area; 21
(b) the area must not contain, for the private use of persons 22
attending the entertainment, a lounge, booth, 23
compartment or cubicle (other than a toilet cubicle); 24
(c) another requirement prescribed under a regulation. 25
`103R Duration of adult entertainment permit 26
`An adult entertainment permit-- 27
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(a) is issued for the term stated in it, not longer than 1 year, 1
unless it is sooner surrendered, suspended or cancelled 2
under this Act; and 3
(b) is not renewable; and 4
(c) is not transferable. 5
`103S Adult entertainment permit dependent on currency 6
of licence or community liquor permit or restricted 7
liquor permit 8
`(1) This section applies if an adult entertainment permit is issued 9
for licensed premises or for premises to which a community 10
liquor permit or restricted liquor permit relates and-- 11
(a) the licence or community liquor permit or restricted 12
liquor permit ends or is suspended or cancelled; or 13
(b) the licensee or permittee surrenders the licence or 14
community liquor permit or restricted liquor permit. 15
`(2) If the licence or community liquor permit or restricted liquor 16
permit ends, the adult entertainment permit also ends at the 17
same time. 18
`(3) If the licence or community liquor permit or restricted liquor 19
permit is suspended, the adult entertainment permit is also 20
suspended at the same time. 21
`(4) If the licence or community liquor permit or restricted liquor 22
permit is surrendered or cancelled, the adult entertainment 23
permit is also surrendered or cancelled at the same time. 24
`103T Restriction on grant of adult entertainment permit 25
`(1) The chief executive must not grant an adult entertainment 26
permit that would relate to premises at which a public event or 27
private event is to be held other than for-- 28
(a) if the applicant is a licensee--the main premises under 29
the licence; or 30
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(b) if the applicant is the holder of a community liquor 1
permit or restricted liquor permit--the premises to 2
which the permit relates. 3
`(2) In this section, including in the definitions public event and 4
private event as applying for this section-- 5
main premises means licensed premises described in a licence 6
other than-- 7
(a) a detached bottle shop; or 8
(b) for a community club licence--premises mentioned in 9
section 77(2). 10
`Division 7 Restricted area permits 11
`103U Authority of restricted area permit 12
`(1) A restricted area permit authorises the permittee to have in 13
possession in a restricted area more than the prescribed 14
quantity of a type of liquor for the area-- 15
(a) at the times and on the day or days, and for the purpose, 16
stated in the permit; or 17
(b) during the period of not more than 1 year, and for the 18
purpose, stated in the permit. 19
`(2) The permit is subject to this Act and the conditions prescribed 20
under a regulation or imposed by the chief executive. 21
`103V Restriction on grant of restricted area permit 22
`The chief executive must not grant an application for a 23
restricted area permit unless the chief executive is satisfied-- 24
(a) the amount of liquor the applicant has applied to have in 25
possession is reasonable for the purpose stated in the 26
application; and 27
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(b) if the purpose is not merely personal to the 1
applicant--another restricted area permit has not been 2
issued to another person for the purpose.'. 3
Clause 14 Amendment of s 105 (Requirements for applications) 4
Section 105-- 5
insert-- 6
`(1A) Also, the application must be accompanied by-- 7
(a) if the application is for a licence or restricted liquor 8
permit--the proposed risk-assessed management plan 9
for the proposed licensed premises or premises for 10
which the applicant wants a restricted liquor permit; or 11
(b) if the application is a relevant application--the proposed 12
revised risk-assessed management plan for the licensed 13
premises. 14
`(5) In this section-- 15
relevant application means-- 16
(a) an application for the transfer of a licence; or 17
(b) an application for a permanent variation of a licence; or 18
(c) an application for an approval for a permanent change in 19
a licensed area; or 20
(d) an application for an extended trading hours approval; 21
or 22
(e) an application for an approval for a change in the 23
principal activity of a business conducted under a 24
licence.'. 25
Clause 15 Omission of s 109C (Application for grant of extended 26
hours permit) 27
Section 109C-- 28
omit. 29
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Clause 16 Amendment of s 110 (Application for grant of extended 1
hours permit not on regular basis) 2
(1) Section 110, heading, `not on regular basis'-- 3
omit. 4
(2) Section 110(1)-- 5
omit, insert-- 6
`(1) A licensee may apply for an extended hours permit for the 7
licensed premises.'. 8
(3) Section 110(5), `hours beyond 2a.m.'-- 9
omit, insert-- 10
`trading hours on a particular day to include trading between 11
12a.m. and 5a.m.'. 12
Clause 17 Replacement of s 116 (Public interest relevant to 13
applications) 14
Section 116-- 15
omit, insert-- 16
`116 When community impact statement to be given to 17
chief executive 18
`(1) The following applications must be accompanied by a 19
community impact statement-- 20
(a) an application for a licence, other than a community 21
club licence or community other licence; 22
(b) an application, under section 111, by a licensee for a 23
variation of the licence; 24
(c) an application for an extended trading hours approval 25
mentioned in section 86(1). 26
`(2) Subsection (3) applies to the following applications-- 27
(a) an application for a community club licence or 28
community other licence; 29
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(b) an application for a commercial public event permit or 1
community liquor permit. 2
`(3) If the chief executive reasonably believes the impact on the 3
amenity of the community concerned would be significantly 4
adversely affected if the application is granted, the chief 5
executive may, by written notice given to the applicant, 6
require the applicant to give the chief executive a community 7
impact statement in relation to the application within 60 days 8
after the giving of the notice. 9
`(4) The applicant is taken to have withdrawn the application if, 10
within the time stated in subsection (3), the applicant does not 11
comply with the requirement under subsection (3). 12
`(5) The purpose of a community impact statement is to help the 13
chief executive assess the impact on the amenity of the 14
community concerned if the application is granted. 15
`(6) A community impact statement must address the following-- 16
(a) the existing and projected population and demographic 17
trends in the locality; 18
(b) the number of persons residing in, resorting to or 19
passing through the locality, and their respective 20
expectations; 21
(c) the likely health and social impacts that granting the 22
application would have on the population of the locality; 23
(d) an assessment of the magnitude, duration and 24
probability of the occurrence of the health and social 25
impacts; 26
(e) the proximity of the proposed licensed premises or 27
proposed premises to which the permit is to relate to 28
identified sub-communities within the locality, 29
including, for example, schools and places of worship, 30
and the likely impact on those sub-communities. 31
`(7) In preparing a community impact statement, the applicant 32
must have regard to relevant guidelines issued by the chief 33
executive.'. 34
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Clause 18 Amendment of s 118A (Submissions on public interest) 1
(1) Section 118A, heading, `on public interest'-- 2
omit. 3
(2) Section 118A(1), from `matters'-- 4
omit, insert-- 5
`matters mentioned in section 116(6).'. 6
Clause 19 Replacement of s 121 (Conference of concerned persons 7
and decision by chief executive) 8
Section 121-- 9
omit, insert-- 10
`121 Matters the chief executive must have regard to 11
`In deciding whether to grant the application, the chief 12
executive must have regard to-- 13
(a) if the application is an application to which section 116 14
applies--the matters mentioned in section 116(6); and 15
(b) objections made to the grant of the application; and 16
(c) comments from the local government for the area to 17
which the application relates; and 18
(d) for an application for an extended trading hours 19
approval mentioned in section 86(1), an application for 20
an adult entertainment permit or an application relating 21
to a restricted area--comments from the assistant 22
commissioner for the locality to which the application 23
relates; and 24
(e) if the application relates to a community 25
area--comments from the community justice group for 26
the area; and 27
(f) the impact on the amenity of the community concerned; 28
and 29
(g) for an application for an extended trading hours 30
approval mentioned in section 86(1)-- 31
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(i) the previous conduct of the applicant in 1
discharging any duties under this Act previously 2
placed on the applicant, especially for the premises 3
for which the extension is sought; and 4
(ii) the applicant's ability to control the noise and 5
behaviour of the number of persons that could 6
reasonably be expected to be on and in the vicinity 7
of the premises if the extension were granted; and 8
(iii) the suitability of the premises and its facilities for 9
the purpose for which the extension is sought.'. 10
Clause 20 Amendment of s 136 (Grounds for disciplinary action) 11
Section 136(1)-- 12
insert-- 13
`(i) the licensee is no longer eligible to hold the licence 14
under section 106(3) or (4).'. 15
Clause 21 Insertion of new s 137E 16
Part 5, division 3, subdivision 3-- 17
insert-- 18
`137E Disciplinary action against former licensee 19
`(1) Subsection (2) applies if-- 20
(a) the chief executive gives a licensee a notice about a 21
proposed action under section 137; and 22
(b) the licensee transfers the licence before the chief 23
executive makes a decision about the proposed action 24
under section 137A. 25
`(2) Sections 137A, 137B and 137D continue to apply in relation 26
to the proposed action as if the licence is still held by the 27
former licensee. 28
`(3) Subsection (4) applies if-- 29
(a) a licensee transfers the licence; and 30
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(b) within 1 year after the transfer, the chief executive 1
considers there is a ground to take relevant disciplinary 2
action relating to the licence for circumstances arising 3
before the transfer. 4
`(4) Sections 137 to 137B and 137D apply as if the licence is still 5
held by the former licensee. 6
`(5) However, for subsections (2) and (4), the only disciplinary 7
action that may be taken against the former licensee is a 8
relevant disciplinary action. 9
`(6) For subsections (2) and (4), this Act applies, with any 10
necessary changes, to the former licensee as if a reference to a 11
licensee included the former licensee. 12
`(7) In this section-- 13
relevant disciplinary action means one of the actions 14
mentioned in paragraphs (f), (g) and (i) of the definition 15
disciplinary action in section 4.'. 16
Clause 22 Amendment of s 142 (Closure of premises in face of riot 17
or tumult) 18
(1) Section 142(2)-- 19
omit, insert-- 20
`(4) A person must not knowingly contravene an order under 21
subsection (1) or (2). 22
Maximum penalty for subsection (4)--25 penalty units.'. 23
(2) Section 142-- 24
insert-- 25
`(2) If an investigator informs the chief executive that a magistrate 26
or 2 justices are not readily available to deal with an 27
application under subsection (1), the chief executive may 28
order that all or any of the licensed premises in a locality in 29
which a riot or tumult is happening, or is reasonably expected 30
to happen, be closed during a period of not longer than 48 31
hours stated in the order. 32
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`(3) An order under subsection (2) about licensed premises 1
applying for a period (the initial period) does not preclude a 2
magistrate or 2 justices making an order under subsection (1) 3
about the premises applying for a period that includes part of 4
the initial period.'. 5
(3) Section 142-- 6
renumber as section 141A. 7
Clause 23 Insertion of new pt 5, div 4A 8
After section 141A, as renumbered-- 9
insert-- 10
`Division 4A Training course certificate 11
requirements 12
`141B Application of div 4A 13
`This division applies to licensed premises. 14
`141C Conditions about training course certificates for 15
particular persons 16
`(1) It is a condition of the licensee's licence that each of the 17
following persons must have a current training course 18
certificate-- 19
(a) if the licensee is an individual--the licensee; 20
(b) a member of staff of the licensed premises who is 21
involved in the service or supply of liquor at the 22
premises. 23
Examples of staff involved in the service or supply of liquor-- 24
bartenders, glass collectors, floor hostesses or room service staff 25
`(2) However, the condition mentioned in subsection (1)(c) does 26
not apply to a licence, in relation to a person who becomes a 27
member of staff of the licensed premises after the 28
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[s 24]
commencement of this section, until 30 days after the person 1
becomes a member of the staff. 2
`(3) Also, it is a condition of the licensee's licence that the 3
licensee-- 4
(a) must keep a register (a training register) containing the 5
information prescribed under a regulation about-- 6
(i) current training course certificates kept by the 7
licensee under subsection (4); or 8
(ii) matters relating to training persons involved in the 9
service or supply of liquor at the licensed premises; 10
and 11
(b) must keep the register available for inspection by an 12
investigator at the premises. 13
`(4) Also, subject to subsection (2), it is a condition of the 14
licensee's licence that the licensee must keep with the 15
licensee's training register a copy of the current training 16
course certificates held by persons mentioned in subsection 17
(1). 18
`141D Application of s 136 19
`For this Act, a reference in section 136(1)(a)(iii) to a 20
condition stated in the licence is taken to include a reference 21
to a condition of the licence imposed under section 141C.'. 22
Clause 24 Replacement of pt 5, div 6 (Certain provisions about 23
conditions of licences and permits for Brisbane City 24
Council area) 25
Part 5, division 6-- 26
omit, insert-- 27
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`Division 6 Certain provisions about conditions 1
of licences for Brisbane City 2
Council area 3
`Subdivision 1 Preliminary 4
`142AD Definitions for div 6 5
`In this division-- 6
crowd controller means the holder of a current licence issued 7
under the Security Providers Act 1993 for carrying out the 8
functions of a crowd controller under that Act. 9
exit, of premises, does not include an exit that is not ordinarily 10
used by patrons of the premises while the premises are open 11
for business. 12
Example-- 13
an emergency exit 14
incident register see section 142AI(1)(a). 15
trading period means the period starting at 8p.m. on any day 16
and ending at 7a.m. on the following day. 17
training register see section 142AI(2)(a). 18
`142AE Application of div 6 19
`(1) This division applies in the area of the Brisbane City Council 20
to licensed premises if the licensee is authorised under this 21
Act to sell or supply liquor on the premises at any time after 22
1a.m. during the trading period. 23
`(2) However, this division does not apply to-- 24
(a) licensed premises if the licensee is authorised, under 25
section 9(13), to sell or supply liquor on the premises 26
only after 1a.m. on New Year's Day; or 27
(b) that part of licensed premises that-- 28
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(i) is used principally for the residential 1
accommodation of guests staying at the premises; 2
or 3
(ii) is a detached bottle shop. 4
`(3) Also, this division does not apply on Anzac Day to licensed 5
premises on the premises of an RSL or Services Club. 6
`(4) In addition-- 7
(a) sections 142AG and 142AH do not apply to licensed 8
premises at Brisbane Airport, Airport Drive, Brisbane 9
known as the Brisbane International Terminal building 10
and the Brisbane Domestic terminal building; and 11
(b) section 142AG does not apply to the following-- 12
(i) licensed premises mentioned in section 67A; 13
(ii) licensed premises at Suncorp Stadium, 14
Castlemaine Street, Milton; 15
(iii) licensed premises at the Queensland Sport and 16
Athletics Centre, Kessels Road, Nathan; 17
(iv) licensed premises at the Brisbane Cricket Ground, 18
Vulture Street, Woolloongabba; 19
(v) licensed premises at the Brisbane Convention and 20
Exhibition Centre, corner of Glenelg and Merivale 21
Streets, South Brisbane; 22
(vi) licensed premises at the Brisbane Entertainment 23
Centre, Melaleuca Drive, Boondall; and 24
(c) section 142AG does not apply to licensed premises 25
during a trading period in which the premises are not 26
open for business after 1a.m. 27
`142AF Purpose of div 6 28
`(1) This division has, in relation to the licensee, the same purpose 29
as the purpose mentioned in section 148A(1). 30
`(2) This division does not limit section 148A. 31
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`Subdivision 2 Conditions of licences 1
`142AG Conditions about crowd controllers 2
`It is a condition of the licensee's licence that the licensee-- 3
(a) must ensure that at least the number of crowd controllers 4
prescribed under a regulation are engaged in 5
maintaining order in and around the licensed 6
premises-- 7
(i) while the premises are open for business after 8
11p.m. during the trading period; and 9
(ii) for at least 1 hour after the premises close for 10
business during or at the end of the trading period; 11
and 12
(b) must not allow a crowd controller to be engaged under 13
paragraph (a) unless the crowd controller-- 14
(i) has a current training course certificate; and 15
(ii) has given the licensee a copy of the certificate and 16
the crowd controller's licence granted under the 17
Security Providers Act 1993, section 14(1); and 18
(iii) is dressed in a way that distinguishes the crowd 19
controller from patrons of the premises; and 20
(c) must keep each crowd controller's certificate and 21
licence, given to the licensee under paragraph (b)(ii), 22
with the licensee's training register while the crowd 23
controller is engaged in maintaining order in and around 24
the premises. 25
`142AH Conditions about closed-circuit television equipment 26
`It is a condition of the licensee's licence that the licensee-- 27
(a) must have closed-circuit television equipment at each 28
entrance and exit of the licensed premises that provides 29
access for patrons of the premises during the trading 30
period; and 31
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(b) must display signage at the premises in a way that is 1
likely to make the patrons aware that closed-circuit 2
television equipment is installed under paragraph (a); 3
and 4
(c) must ensure the equipment-- 5
(i) meets the minimum requirements for the 6
equipment prescribed under a regulation; and 7
(ii) is operational and recording for the period starting 8
at 8p.m. in a trading period in which the premises 9
are open for business and ending at least 1 hour 10
after the premises close for business during or at 11
the end of the trading period; and 12
(d) must stop selling or supplying liquor on the premises, 13
and close the premises, if the equipment is not 14
operational and recording during the trading period 15
while the premises are open for business at any time 16
between 1a.m. and when the premises would ordinarily 17
otherwise close for business; and 18
(e) must not allow the equipment to be operated by anyone 19
other than-- 20
(i) the licensee for the licence; or 21
(ii) an approved manager working at the premises; and 22
(f) must keep each recording made by the equipment in a 23
secure place, and available for inspection and viewing 24
by an investigator, at the premises until the recording-- 25
(i) is erased or destroyed under paragraph (h); or 26
(ii) is earlier given to an investigator; and 27
(g) must not allow a recording to be viewed at the premises 28
by anyone other than an investigator or a person 29
mentioned in paragraph (e); and 30
(h) must ensure a recording, unless it is earlier given to an 31
investigator, is erased or destroyed by a person 32
mentioned in paragraph (e)-- 33
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(i) if the recording does not show an incident required 1
to be recorded in the licensee's incident 2
register--not earlier than 28 days after the 3
recording is made (the retention period), but 4
within 30 days after the retention period ends; or 5
(ii) otherwise--not earlier than 1 year after the 6
retention period for the recording ends. 7
`142AI Conditions about incident and training registers 8
`(1) It is a condition of the licensee's licence that the licensee-- 9
(a) must keep a register (an incident register) containing 10
the information prescribed under a regulation about each 11
incident at the licensed premises-- 12
(i) in which a person is injured; or 13
(ii) requiring a person to be removed from the 14
premises; and 15
(b) must ensure that, for each incident recorded in the 16
register under paragraph (a), the register is signed as 17
correct by each crowd controller or member of staff 18
involved in the incident; and 19
(c) must keep the register in a secure place, and available 20
for inspection by an investigator, at the premises; and 21
(d) must not allow the register to be inspected at the 22
premises by anyone other than-- 23
(i) an investigator; or 24
(ii) the licensee for the licence; or 25
(iii) a crowd controller or member of staff involved in 26
an incident recorded in the register; or 27
(iv) an approved manager working at the premises. 28
`(2) Also, it is a condition of the licensee's licence that the 29
licensee-- 30
(a) must keep a register (a training register) containing the 31
information prescribed under a regulation about-- 32
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[s 24]
(i) current training course certificates kept by the 1
licensee under section 142AG(c); or 2
(ii) matters relating to training persons involved in the 3
service or supply of liquor at the licensed premises; 4
and 5
(b) must keep the register available for inspection by an 6
investigator at the premises. 7
`142AJ Conditions about drinking practices 8
`It is a condition of the licensee's licence that the licensee 9
must not conduct on the licensed premises-- 10
(a) a competition or game in which-- 11
(i) contestants or players consume liquor on the 12
premises; or 13
(ii) free or discounted liquor is given as a prize for 14
consumption on the premises; or 15
Examples of a competition or game-- 16
· `drink to win' 17
· `last man standing' 18
· `all you can drink' 19
· `skolling competition' 20
(b) another activity, prescribed under a regulation, that may 21
encourage the rapid or excessive consumption of liquor 22
or promote intoxication. 23
`142AK Compliance with conditions 24
`The holder of a licence subject to a condition under this 25
subdivision must comply with the condition. 26
Maximum penalty--100 penalty units. 27
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[s 25]
`Subdivision 3 Application of s 136 to conditions 1
under sdiv 2 2
`142AL Application of s 136 3
`For this Act, a reference in section 136(1)(a)(iii) to a 4
condition stated in the licence is taken to include a reference 5
to a condition of the licence imposed under subdivision 2.'. 6
Clause 25 Amendment of s 142B (Applying for approval as trainer) 7
(1) Section 142B(2)-- 8
omit. 9
(2) Section 142B(3) and (4)-- 10
renumber as section 142B(2) and (3). 11
Clause 26 Insertion of new s 152A 12
After section 152-- 13
insert-- 14
`152A Change in principal activity of business conducted 15
under a licence 16
`A licensee must not, without the chief executive's approval, 17
change the principal activity of a business conducted under a 18
licence. 19
Maximum penalty--100 penalty units.'. 20
Clause 27 Insertion of new s 155AB 21
Part 6, division 1-- 22
insert-- 23
`155AB Supervision of volunteers--community club licence, 24
community other licence or restricted liquor permit 25
`(1) A licensee for a community club licence or community other 26
licence, or permittee for a community liquor permit or 27
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[s 28]
restricted liquor permit, must take reasonable steps to ensure 1
that a relevant volunteer is under the general supervision of a 2
person holding a current training course certificate while the 3
relevant volunteer is serving or supplying liquor at the 4
licensed premises or premises to which the permit relates. 5
Maximum penalty--10 penalty units. 6
`(2) In this section-- 7
relevant volunteer means a volunteer involved in the service 8
or supply of liquor at the premises who does not hold a current 9
training course certificate.'. 10
Clause 28 Amendment of ss 155A and 156 11
Sections 155A and 156(3), `40 penalty units'-- 12
omit, insert-- 13
`80 penalty units'. 14
Clause 29 Insertion of new ss 156A156C 15
After section 156-- 16
insert-- 17
`156A Irresponsible supply of liquor to a minor at a private 18
place etc. 19
`(1) An adult must not supply liquor to a minor at a private place, 20
unless the adult is a responsible adult for the minor. 21
Maximum penalty--80 penalty units. 22
`(2) A responsible adult for a minor must not supply liquor to the 23
minor at a private place, unless the supply is consistent with 24
the responsible supervision of the minor. 25
Maximum penalty--80 penalty units. 26
`(3) For subsection (2), in considering whether the supply is 27
consistent with the responsible supervision of the minor, 28
relevant factors include the following-- 29
(a) whether the adult is unduly intoxicated; 30
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[s 29]
(b) whether the minor is unduly intoxicated; 1
(c) the age of the minor; 2
(d) whether the minor is consuming the liquor supplied with 3
food; 4
(e) whether the adult is responsibly supervising the minor's 5
consumption of the liquor supplied; 6
(f) the quantity of liquor supplied and the period over 7
which it was supplied. 8
`156B Prohibition on sale of undesirable liquor product 9
`(1) A regulation may declare a particular liquor product, or class 10
of liquor products, to be an undesirable liquor product. 11
`(2) A person must not sell or supply a liquor product, or liquor 12
product that is part of a class of liquor products, declared 13
under subsection (1) to be an undesirable liquor product. 14
Maximum penalty-- 15
(a) if the person is the licensee or permittee of, or the 16
nominee of, the premises to which a licence or permit 17
relates--100 penalty units; or 18
(b) in any other case--25 penalty units. 19
`(3) The Minister may recommend the making of a regulation 20
under subsection (1) about a liquor product or class of liquor 21
products only if, in the opinion of the Minister-- 22
(a) the name, design of packaging of the liquor product or 23
class of liquor products is likely to be attractive to 24
minors or young people; or 25
(b) the liquor product or class of liquor products is likely to 26
be confused with soft drinks or confectionery; or 27
(c) the liquor product or class of liquor products, for any 28
other reason, is likely to have a special appeal to minors 29
or young people; or 30
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[s 29]
(d) it is otherwise in the public interest to declare the liquor 1
product or class of liquor products to be an undesirable 2
liquor product. 3
`(4) The Minister must, before recommending the making of a 4
regulation under subsection (1), make every reasonable effort 5
to consult with-- 6
(a) relevant liquor industry representatives; and 7
(b) the manufacturer and distributor of the liquor product or 8
class of liquor products proposed to be declared to be an 9
undesirable liquor product; 10
about the proposed declaration. 11
`(5) However, failure to comply with subsection (4) does not affect 12
the validity of the regulation. 13
`156C Interim prohibition on sale of undesirable liquor 14
product 15
`(1) The Minister may make an interim order declaring a particular 16
liquor product, or class of liquor products, to be an 17
undesirable liquor product. 18
`(2) In deciding whether to make the interim order, the Minister 19
must have regard to the matters mentioned in section 156B(3). 20
`(3) To give effect to the interim order, the Minister must publish 21
the order on the department's web site on the internet. 22
`(4) The interim order stops having effect at the end of 42 days 23
after it is published under subsection (3). 24
`(5) While the interim order is in force, a person must not sell or 25
supply the liquor product, or a liquor product that is part of the 26
class of liquor products, declared to be an undesirable liquor 27
product. 28
Maximum penalty-- 29
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[s 30]
(a) if the person is the licensee or permittee of, or the 1
nominee of, the premises to which a licence or permit 2
relates--100 penalty units; or 3
(b) in any other case--25 penalty units.'. 4
Clause 30 Amendment of s 173B (Consumption of liquor in certain 5
public places prohibited) 6
(1) Section 173B(1)(a)-- 7
insert-- 8
`(iii) relevant land prescribed under a regulation; or'. 9
(2) Section 173B-- 10
insert-- 11
`(3) Also, a person does not commit an offence against subsection 12
(1) in relation to a place mentioned in subsection (1)(a)(iii) if 13
the consumption of liquor in the place is authorised or 14
permitted by the State or relevant statutory authority. 15
`(4) In this section-- 16
relevant land means land owned by, or under the control of, 17
the State or a statutory authority.'. 18
Clause 31 Replacement of ss 199 and 200 19
Sections 199 and 200-- 20
omit, insert-- 21
`199 Definitions for pt 9 22
`In this part-- 23
community investment fund means the fund by that name 24
established under the Gaming Machine Act 1991, section 25
314(1). 26
licence does not include a provisional licence. 27
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[s 32]
`200 Licence period 1
`The licence period for a licence is a financial year.'. 2
Clause 32 Amendment of s 202 (Fees payable for licences and 3
permits) 4
(1) Section 202(2)-- 5
renumber as section 202(3). 6
(2) Section 202(1)-- 7
omit, insert-- 8
`(1) The licence fee payable for a licence for a licence period is to 9
be assessed in the way prescribed under a regulation. 10
`(2) If the licence fee is self-assessed by the licensee under 11
subsection (1), a regulation may-- 12
(a) prescribe the information the licensee is to provide to 13
the chief executive about the self-assessment; and 14
(b) provide for the reassessment of the fee by the chief 15
executive.'. 16
Clause 33 Omission of ss 203207 17
Sections 203 to 207-- 18
omit. 19
Clause 34 Amendment of s 208 (Payment of fees) 20
(1) Section 208(2), from `stated'-- 21
omit, insert-- 22
`prescribed under a regulation.'. 23
(2) Section 208-- 24
insert-- 25
`(3) A regulation may make provision for-- 26
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[s 35]
(a) the consequences of failing to pay a fee mentioned in 1
subsection (2); and 2
(b) the appeal by a licensee to the tribunal about the failure 3
to pay the fee.'. 4
Clause 35 Omission of ss 209214 5
Sections 209 to 214-- 6
omit. 7
Clause 36 Amendment of s 215 (Refund of fee) 8
Section 215, `, other than a discontinuance fee,'-- 9
omit. 10
Clause 37 Amendment of s 215A (Refund of fees--general) 11
Section 215A(5) definition fee, `, and includes a 12
supplementary fee'-- 13
omit. 14
Clause 38 Amendment of s 217 (Records to be kept by licensee) 15
(1) Section 217(1) and (2)-- 16
omit. 17
(2) Section 217(3) to (7)-- 18
renumber as section 217(1) to (5). 19
(3) Section 217(3), as renumbered-- 20
omit, insert-- 21
`(3) A licensee commits an offence if the licensee's accounting 22
records are not kept as required under subsection (1). 23
Maximum penalty--350 penalty units.'. 24
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[s 39]
Clause 39 Amendment of s 218 (Powers of examination by 1
investigator) 2
Section 218(4)-- 3
omit, insert-- 4
`(4) While an investigator has custody or control of a record 5
removed under subsection (2), the investigator must permit, at 6
all reasonable times-- 7
(a) inspection of the record; and 8
(b) the making of additions to the record; 9
by a person who, if the record had not been removed, would 10
be entitled to inspect the record or make the additions.'. 11
Clause 40 Insertion of new ss 219 and 220 12
Part 9-- 13
insert-- 14
`219 Community investment fund 15
`(1) Each month, the Minister must pay into the community 16
investment fund all licence fees received by the chief 17
executive during the previous month. 18
`(2) The amounts paid into the fund under this Act are 19
administered receipts. 20
`(3) In this section-- 21
administered receipt see the Financial Administration and 22
Audit Act 1977, section 4(1). 23
`220 Disbursement of fees etc. 24
`(1) All fees and charges payable under this Act, other than a 25
payment mentioned in subsection (2), received by the chief 26
executive must be paid into the consolidated fund. 27
`(2) A payment for a licence fee must on its receipt be paid into 28
one of the accounts of the departmental accounts of the 29
department that is used only for the purpose of holding the 30
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[s 41]
payments until the disbursement of the amounts of the 1
payments under section 219(1). 2
`(3) The Minister may cause amounts to be paid out of the 3
community investment fund for-- 4
(a) alcohol consumption research, and dealing with social 5
issues arising from alcohol abuse and misuse; and 6
(b) funding that part of the department through which this 7
Act is administered. 8
`(4) Amounts may be paid under subsection (3) without further 9
appropriation. 10
`(5) In this section-- 11
departmental accounts, of a department, means the accounts 12
of the department under the Financial Administration and 13
Audit Act 1977, section 12.'. 14
Clause 41 Insertion of new ss 224 and 225 15
Part 10-- 16
insert-- 17
`224 Liquor accord 18
`(1) Any 2 or more interested persons may be parties to a liquor 19
accord for a locality in which licensed premises are situated. 20
`(2) In this section-- 21
liquor accord, for a locality, means an agreement, 22
memorandum of understanding or other arrangement entered 23
into for the purposes of-- 24
(a) promoting responsible practices in relation to the sale 25
and supply of liquor at licensed premises situated in the 26
locality; and 27
(b) minimising harm caused by alcohol abuse and misuse 28
and associated violence in the locality; and 29
(c) minimising alcohol-related disturbances, or public 30
disorder, in the locality. 31
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[s 42]
`225 Additional time for consumption or removal of liquor 1
`A licence or permit that authorises-- 2
(a) the sale of liquor, during any period, for consumption on 3
licensed premises; or 4
(b) the sale of liquor, during any period, for consumption 5
off licensed premises; 6
also authorises-- 7
(c) consumption on the premises of liquor supplied on a 8
sale mentioned in paragraph (a); and 9
(d) removal from the premises of liquor supplied on a sale 10
mentioned in paragraph (b); 11
within 30 minutes after the end of the period during which the 12
sale is made.'. 13
Clause 42 Amendment of s 235 (Regulation-making power) 14
Section 235(2)(c)-- 15
omit, insert-- 16
`(c) fees, including the refunding of fees, for this Act; and'. 17
Clause 43 Insertion of pt 12, div 8 18
After section 287-- 19
insert-- 20
`Division 8 Transitional provisions for Liquor 21
and Other Acts Amendment Act 22
2008 23
`288 Definitions for div 8 24
`In this division-- 25
column 1 licence see section 289(1). 26
column 2 licence see section 289(2). 27
Page 84
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Part 2 Amendment of Liquor Act 1992
[s 43]
column 1 permit see section 290(1). 1
column 2 permit see section 290(2). 2
commencement means commencement of this section. 3
post-amended Act means this Act as in force immediately 4
after the commencement. 5
pre-amended Act means this Act as in force before the 6
commencement. 7
`289 Existing licences 8
`(1) This section applies to a person who, immediately before the 9
commencement, held under the pre-amended Act a licence 10
mentioned in column 1 of the following table (a column 1 11
licence)-- 12
Table 13
column 1 column 2
general licence commercial hotel
licence
special facility licence commercial special
facility licence
residential licence subsidiary on-premises
licence
on-premises licence subsidiary on-premises
licence
producer/wholesaler licence producer/wholesaler
licence
limited licence relating to an activity, industrial canteen
matter or service under section 94A licence
of the pre-amended Act that is a
canteen
Page 85
Liquor and Other Acts Amendment Bill 2008
Part 2 Amendment of Liquor Act 1992
[s 43]
column 1 column 2
limited licence relating to an activity, subsidiary off-premises
matter or service under section 94A licence
of the pre-amended Act other than a
canteen
club licence community club
licence.
`(2) The person is taken to be the holder of a licence mentioned in 1
column 2 of the table (a column 2 licence) shown opposite the 2
column 1 licence. 3
`(3) If the column 1 licence held by the person immediately before 4
the commencement was subject to a condition, the column 2 5
licence the person is taken to hold is taken to be subject to the 6
condition. 7
`(4) Subsections (5) and (6) applies to a person who, immediately 8
before the commencement held, under the pre-amended Act, a 9
restricted club permit that was granted for a period of 1 year. 10
`(5) The person is taken to be the holder of a community other 11
licence. 12
`(6) If the restricted club permit held by the person immediately 13
before the commencement was subject to a condition, the 14
column 2 licence the person is taken to hold is taken to be 15
subject to the condition. 16
`290 Existing permits 17
`(1) This section applies to a person who, immediately before the 18
commencement, held under the pre-amended Act a permit 19
mentioned in column 1 of the following table (a column 1 20
permit)-- 21
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Liquor and Other Acts Amendment Bill 2008
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[s 43]
Table 1
column 1 column 2
general purpose permit community liquor
permit
catering away permit commercial public
event permit
restricted club permit granted for a restricted liquor permit
period of less than 1 year
extended trading hours permit for 1 extended hours permit
occasion that extends trading hours for the same hours as
to include trading for hours other mentioned in the
than between 5a.m. and 7a.m. corresponding column 1
permit.
`(2) The person is taken to be the holder of a permit mentioned in 2
column 2 of the table (a column 2 permit) shown opposite the 3
column 1 permit. 4
`(3) If the column 1 permit held by the person immediately before 5
the commencement was subject to a condition, the column 2 6
permit the person is taken to hold is taken to be subject to the 7
condition. 8
`291 Extended hours permit that includes trading 9
between 5a.m. and 7a.m. or between 7a.m. and 10
10a.m. 11
`(1) If a licensee holds an extended hours permit under the 12
pre-amended Act that extends trading hours on a regular basis, 13
or for 1 occasion, to include trading between 5a.m. and 7a.m. 14
or between 7a.m. and 10a.m., the permit lapses on the 15
commencement. 16
(2) Subsection (3) applies if-- 17
(a) a licensee has made an application under the 18
pre-amended Act for an extended hours permit that 19
would extend trading hours on a regular basis, or for 1 20
occasion, to include trading between 5a.m. and 7a.m. or 21
between 7a.m. and 10a.m.; and 22
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[s 43]
(b) the application has not been decided before the 1
commencement. 2
`(3) The application lapses on the commencement. 3
`(4) Despite any other Act or law, no compensation is payable by 4
the State to any person because of the operation of this 5
section. 6
`292 Existing application for column 1 licence etc. 7
`(1) An application for, or relating to, a column 1 licence made 8
under the pre-amended Act and not decided before the 9
commencement must be decided under the pre-amended Act. 10
`(2) The application mentioned in subsection (1) is taken to be 11
about the column 2 licence shown opposite the column 1 12
licence. 13
`(3) An application for, or relating to, a restricted club permit that 14
for a period of 1 year made under the pre-amended Act and 15
not decided before the commencement must be decided under 16
the pre-amended Act. 17
`(4) The application mentioned in subsection (2) is taken to be 18
about a community other licence. 19
`(5) An application for, or relating to, a column 1 permit made 20
under the pre-amended Act and not decided before the 21
commencement must be decided under the pre-amended Act. 22
`(6) The application mentioned in subsection (5) is taken to be 23
about the column 2 permit shown opposite the column 1 24
permit. 25
`293 Nominee for a licence or permit 26
`A person who is a nominee for a licence or permit 27
immediately before the commencement is taken to hold an 28
approval as an approved manager until 30 June 2010, unless 29
the approval is cancelled or surrendered before that day. 30
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[s 44]
`294 Training course certificate requirement 1
`(1) Subsection (2) applies to a member of staff of licensed 2
premises who immediately before the commencement-- 3
(a) is involved in the service or supply of liquor at the 4
premises; and 5
(b) does not hold a current training course certificate. 6
`(2) If the person wishes to continue to be a staff member of the 7
premises and be involved in the service or supply of liquor at 8
the premises until after 30 June 2010, the person must be 9
issued with a training course certificate before that day. 10
`295 Risk-assessed management plan conditions 11
`(1) Subsection (2) applies to a person who, immediately before 12
the commencement, held under the pre-amended Act-- 13
(a) a licence; or 14
(b) restricted club permit granted for a period of less than 1 15
year. 16
`(2) Section 54 does not apply to the person in relation to the 17
licence or permit. 18
`(3) Subsection (4) applies to an application under the 19
pre-amended Act for a licence, or restricted club permit for a 20
period of less than 1 year, that has not been decided before the 21
commencement. 22
`(4) If the chief executive grants the application, section 54 does 23
not apply to the licence or permit holder in relation to the 24
licence or permit.'. 25
Division 3 Amendments relating to approved 26
managers 27
Clause 44 Amendment of s 4 (Definitions) 28
Section 4-- 29
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Liquor and Other Acts Amendment Bill 2008
Part 2 Amendment of Liquor Act 1992
[s 45]
insert-- 1
`accepted representations see section 142ZC(2). 2
current licensee's course certificate means a licensee's 3
course certificate that is in force. 4
licensee's course certificate means a certificate in the 5
approved form-- 6
(a) given to a person, for satisfactorily completing the 7
licensee's course, by someone who holds an approval 8
under part 5A as a trainer for the course; and 9
(b) stating the certificate remains in force for 3 years after it 10
is given to the person. 11
proposed action see section 142ZB(2)(a). 12
show cause notice see section 142ZB(1). 13
show cause period see section 142ZB(2)(e).'. 14
Clause 45 Amendment of s 21 (Jurisdiction and powers of tribunal) 15
Section 21(1)-- 16
insert-- 17
`(eb) the refusal to grant an application for an approval as an 18
approved manager; or 19
(ec) the refusal to renew an approval as an approved 20
manager; or 21
(ed) the suspension or cancellation of an approval as an 22
approved manager; or'. 23
Clause 46 Insertion of new pt 4, div 15 24
Part 4-- 25
insert-- 26
Page 90
Liquor and Other Acts Amendment Bill 2008
Part 2 Amendment of Liquor Act 1992
[s 47]
`Division 15 Approved managers 1
`104A Responsibility of approved manager etc. 2
`(1) This section applies if an approved manager is in control of 3
licensed premises or premises to which a permit relates. 4
`(2) In the conduct of business on the premises, the approved 5
manager is responsible for ensuring that-- 6
(a) liquor is supplied or possessed on the premises only in 7
accordance with the authority conferred by the licence 8
or permit; and 9
(b) for an adult entertainment permit--the conduct of 10
entertainment under the permit is in accordance with 11
this Act and the conditions of the permit. 12
`(3) The approved manager's liability to be punished for a 13
contravention of this Act does not affect the liability of the 14
licensee or permittee to be punished for the contravention.'. 15
Clause 47 Replacement of ss 107A and 107B 16
Sections 107A and 107B-- 17
omit, insert-- 18
`107A Additional restriction on grant of licence 19
`(1) This section applies to an application for a licence made by an 20
individual. 21
`(2) The chief executive may grant the application only if the 22
individual has, within 3 years before the day the application is 23
granted successfully completed the licensee's course and 24
approved training course. 25
`(3) Despite subsection (2), the chief executive may grant the 26
application if the chief executive is satisfied the individual 27
need not undertake either or both of the courses, having regard 28
to the principal activity, and the nature and extent, of the 29
business conducted, or to be conducted, under the licence. 30
`(4) In this section-- 31
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Liquor and Other Acts Amendment Bill 2008
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[s 48]
individual does not include an individual who is applying for 1
the licence in the capacity of chief executive of a department. 2
`107B Additional restriction on grant of permit 3
`(1) This section applies to an application for a permit if the chief 4
executive-- 5
(a) reasonably believes that, having regard to the nature of 6
the activity to be conducted under the permit and to 7
minimise harm caused by alcohol abuse or misuse and 8
associated violence, the applicant should undertake the 9
licensee's course and approved training course, or either 10
course, before the permit is granted; and 11
(b) gives the applicant a written notice stating the applicant 12
must undertake the licensee's course and approved 13
training course, or either course, before the permit is 14
granted. 15
`(2) The chief executive may grant the application only if the 16
applicant successfully completes the course or courses stated 17
in the notice. 18
`(3) In this section-- 19
nature, of the activity to be conducted under the permit, 20
includes the duration, location or size of the activity. 21
permit does not include a restricted area permit.'. 22
Clause 48 Replacement of s 131A (Decision by chief executive on 23
application to continue trading in certain circumstances) 24
Section 131A-- 25
omit, insert-- 26
`131A Decision by chief executive on application to 27
continue trading in certain circumstances 28
`(1) This section applies if an application is made under section 29
129. 30
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Liquor and Other Acts Amendment Bill 2008
Part 2 Amendment of Liquor Act 1992
[s 48]
`(2) If an applicant is the occupier or is entitled to possession of 1
the licensed premises, the chief executive may authorise the 2
applicant to conduct business on licensed premises under 3
authority of the licence on an interim basis. 4
`(3) The chief executive may impose conditions on the authority 5
under subsection (2)-- 6
(a) to ensure appropriate compliance with this Act; or 7
(b) to minimise harm caused by alcohol abuse and misuse 8
and associated violence; or 9
(c) to minimise alcohol-related disturbances, or public 10
disorder, in a locality. 11
`(4) Without limiting subsection (3), the chief executive may 12
impose a condition requiring the applicant to successfully 13
complete the licensee's course and approved training course, 14
or either course, within 3 months after the authority is given. 15
`(5) The authority under subsection (2) continues until the earliest 16
of the following happens-- 17
(a) the application on which it is made is disposed of by the 18
chief executive; 19
(b) the authority is revoked by the chief executive because 20
the applicant contravenes this Act or a condition of the 21
licence or authority; 22
(c) the authority expires. 23
`(6) If the application is made by a person as mentioned in section 24
129(4), the maximum period for an authority given under 25
subsection (2) is not for more than 6 months after the date of 26
the application. 27
`(7) While the authority under subsection (2) continues, the 28
applicant is subject to liabilities under this Act as if the 29
applicant were the licensee of the licensed premises. 30
`(8) If the chief executive is satisfied that the applicant is not a 31
disqualified person and is a fit and proper person to conduct 32
the business under the authority of the licence, the chief 33
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[s 49]
executive may authorise the applicant to conduct the business 1
under the authority of the licence. 2
`(9) If the application was made because of an order for 3
cancellation of the licence and the chief executive authorises 4
the conduct of the business under subsection (8), the order for 5
cancellation is set aside. 6
`(10) If the chief executive is not satisfied about the matters 7
mentioned in subsection (8), the chief executive must reject 8
the application and may make an order under section 132. 9
`(11) On the chief executive's rejection of the application-- 10
(a) if an authority under subsection (2) is still in force--the 11
authority is revoked; and 12
(b) if the application was made because of an order for 13
cancellation of a licence--the chief executive's order for 14
cancellation of the licence takes effect.'. 15
Clause 49 Replacement of s 132 (Discharge of licensee or permittee 16
from obligations) 17
Section 132-- 18
omit, insert-- 19
`132 Discharge of licensee or permittee from obligations 20
`If-- 21
(a) a licensee who is not the sole owner of licensed 22
premises, has ceased to conduct business on the 23
premises under authority of the licence; or 24
(b) a licensee who holds the licence as a member of a 25
partnership has ceased to be a member of the 26
partnership; 27
the chief executive may, by order, do all or any of the 28
following-- 29
(c) discharge the licensee prospectively from obligations 30
under this Act in relation to the licensed premises; 31
(d) suspend the licence until-- 32
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[s 50]
(i) the licence has been properly transferred; or 1
(ii) a person has been authorised by the chief executive 2
under section 131A to conduct business under 3
authority of the licence; 4
as the case may require.'. 5
Clause 50 Replacement of s 134 (Cancellation, suspension or 6
variation of permits) 7
Section 134-- 8
omit, insert-- 9
`134 Cancellation, suspension or variation of permits 10
`(1) The chief executive may, on the chief executive's own 11
initiative, cancel, suspend or vary a permit if the chief 12
executive is satisfied that-- 13
(a) the permittee has contravened-- 14
(i) this Act or the Racing Act 2002, section 321 or 15
323; or 16
(ii) a condition stated in the permit; or 17
(iii) an order of the chief executive or a requisition of 18
an investigator; or 19
(b) the use of the premises in relation to which the permit is 20
held at the times authorised by the permit, or the 21
behaviour of persons entering or leaving the premises at 22
or about those times-- 23
(i) is causing undue annoyance or disturbance to 24
persons living, working or doing business in the 25
neighbourhood of the premises; or 26
(ii) is causing disorderly conduct in, or in the 27
neighbourhood of, the premises. 28
`(2) Also, the chief executive may vary a permit that relates to 29
premises in a restricted area to make the conditions of the 30
permit consistent with the conditions of licences for licensed 31
premises in the area. 32
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`(3) The chief executive must immediately cancel a permit if the 1
chief executive is satisfied the permittee has become a 2
disqualified person. 3
`(4) Subsection (5) applies if an adult entertainment permit has 4
been issued for licensed premises or premises to which a 5
community liquor permit or restricted liquor permit relates, 6
and the chief executive-- 7
(a) is advised that the licensee has ceased to conduct the 8
business authorised by the licensee's licence on the 9
premises; or 10
(b) receives an application to transfer the licence because of 11
the sale of the business authorised by the licensee's 12
licence on the premises; or 13
(c) receives an application to conduct the business of a 14
licensee on licensed premises under section 129; or 15
(d) receives a notice from a corporation under section 150 16
about a change in the controlling interest in the 17
corporation. 18
`(5) The chief executive must, by written notice, cancel the adult 19
entertainment permit. 20
`(6) If subsection (4)(a) applies, the notice must be given to the 21
person controlling, or apparently controlling, the premises and 22
takes effect on giving the notice. 23
`(7) If subsection (4)(b) applies-- 24
(a) if the licensee has ceased to conduct the business--the 25
notice must be given to the person controlling, or 26
apparently controlling, the premises and takes effect 27
from the date of the notice; or 28
(b) if the licensee continues to conduct the business until the 29
date of settlement of the sale--the notice must be given 30
to the licensee and takes effect from the date of 31
settlement. 32
`(8) If subsection (4)(c) applies, the notice must be given to the 33
person controlling, or apparently controlling, the premises and 34
takes effect 28 days after the date of the notice. 35
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`(9) If subsection (4)(d) applies, the notice must be given to the 1
licensee and takes effect 28 days after the date of the notice.'. 2
Clause 51 Amendment of s 141 (Order to close premises for 3
unlawful trading) 4
Section 141(1)-- 5
omit, insert-- 6
`(1) If business is conducted on licensed premises by a person who 7
is not-- 8
(a) the licensee; or 9
(b) an approved manager; or 10
(c) a person authorised by the chief executive under section 11
131A; 12
the chief executive may give to the person conducting 13
business on the premises an order to cease trading in liquor on 14
the premises and to close the premises.'. 15
Clause 52 Insertion of new pt 5C 16
After section 142P-- 17
insert-- 18
`Part 5C Approval as approved manager 19
`Division 1 Obtaining approval 20
`142Q Applying for approval 21
`(1) A person may apply to the chief executive for an approval as 22
an approved manager. 23
`(2) The applicant-- 24
(a) must be an individual; and 25
(b) can not be a licensee; and 26
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[s 52]
(c) must be the holder of a current training course certificate 1
and a current licensee's course certificate (the relevant 2
certificates). 3
`(3) The application must-- 4
(a) be in the approved form; and 5
(b) be accompanied by-- 6
(i) copies of the relevant certificates; and 7
(ii) the fee prescribed under a regulation. 8
`(4) The applicant also must provide any other relevant 9
information reasonably required by the chief executive to 10
decide the application. 11
`142R Deciding application 12
`(1) The chief executive must consider the application and either 13
grant, or refuse to grant, the application as soon as practicable 14
after the last of the following events happens-- 15
(a) the chief executive receives the application; 16
(b) the chief executive receives all necessary information to 17
decide the application. 18
`(2) The chief executive may grant the application only if the chief 19
executive is satisfied the applicant is a suitable person to hold 20
the approval. 21
`(3) In deciding whether the applicant is a suitable person to hold 22
the approval, the chief executive may have regard to the 23
following-- 24
(a) the applicant's knowledge of this Act; 25
(b) the applicant's understanding of an approved manager's 26
obligations and responsibilities under this Act; 27
(c) whether the applicant is a person of good repute who 28
does not have a history of behaviour that would render 29
the applicant unsuitable to hold the approval. 30
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`(4) The chief executive may obtain a report from the 1
commissioner in relation to the applicant's criminal history. 2
`(5) A report under subsection (4) must include reference to or 3
disclosure of convictions mentioned in the Criminal Law 4
(Rehabilitation of Offenders) Act 1986, section 6. 5
`142S Grant of application 6
`(1) If the chief executive decides to grant the application, the 7
chief executive must as soon as practicable give the applicant 8
written notice of the decision. 9
`(2) An approval for an approved manager remains in force, unless 10
sooner cancelled, for the period of 5 years after the grant of 11
the application for the approval. 12
`142T Refusal to grant application 13
`If the chief executive decides to refuse to grant the 14
application, the chief executive must as soon as practicable 15
give the applicant a written notice stating-- 16
(a) the decision and reasons for the decision; and 17
(b) that the applicant may appeal to the tribunal against the 18
decision within 28 days after the applicant receives 19
notice of the decision. 20
`Division 2 Renewal 21
`142U Applying for renewal 22
`(1) A person may apply to the chief executive for renewal of the 23
person's approval as an approved manager. 24
`(2) The application may only be made at least 2 months, but not 25
more than 4 months, before the last day of the period of the 26
approval. 27
`(3) The application must-- 28
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[s 52]
(a) be in the approved form; and 1
(b) be accompanied by the fee prescribed under a 2
regulation. 3
`(4) The applicant also must provide any other relevant 4
information reasonably required by the chief executive to 5
decide the application. 6
`142V Deciding application 7
`(1) The chief executive must consider the application and either 8
renew, or refuse to renew, the approval as soon as practicable 9
after the last of the following events happens-- 10
(a) the chief executive receives the application; 11
(b) the chief executive receives all necessary information to 12
decide the application. 13
`(2) In deciding whether to grant the application, the chief 14
executive may have regard to the matters to which the chief 15
executive may have regard, under section 142R(3), in 16
deciding whether a proposed holder of an approval as an 17
approved manager is a suitable person to hold the approval. 18
`142W Renewal of approval 19
`If the chief executive decides to renew the approval, the chief 20
executive must as soon as practicable give the applicant 21
written notice of the decision. 22
`142X Refusal to renew approval 23
`If the chief executive decides to refuse to renew the approval, 24
the chief executive must as soon as practicable give the 25
applicant a written notice stating-- 26
(a) the decision and reasons for the decision; and 27
(b) that the applicant may appeal to the tribunal against the 28
decision within 28 days after the applicant receives 29
notice of the decision. 30
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`142Y Approval continues pending decision about renewal 1
`(1) If a person applies for renewal of an approval as an approved 2
manager under section 142U, the approval is taken to continue 3
in force from the day it would, apart from this subsection, 4
have ended until the day on which any of the following first 5
happens-- 6
(a) the chief executive renews the approval; 7
(b) if the chief executive decides to refuse to renew the 8
approval--the chief executive gives the person notice 9
for the decision under section 142I; 10
(c) the person withdraws the application for renewal; 11
(d) the application lapses under section 142Z. 12
`(2) If the chief executive renews the approval, the approval is 13
taken to have been renewed from the day it would, apart from 14
subsection (1), have ended. 15
`(3) This section does not apply if the approval is cancelled. 16
`Division 3 Lapsing of applications 17
`142Z Lapsing of application 18
`(1) This section applies if an application for an approval as an 19
approved manager, or renewal of an approval as an approved 20
manager, is made under this part. 21
`(2) The chief executive may make a requirement under section 22
142Q(4) or 142U(4) for information to decide the application 23
by giving the applicant a written notice stating-- 24
(a) the required information; and 25
(b) the time by which the information must be given to the 26
chief executive; and 27
(c) that, if the information is not given to the chief executive 28
by the stated time, the application will lapse. 29
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`(3) The stated time must be reasonable and, in any case, at least 1
21 days after the requirement is made. 2
`(4) The chief executive may give the applicant a further notice 3
extending or further extending the time if the chief executive 4
is satisfied it would be reasonable in all the circumstances to 5
give the extension. 6
`(5) A notice may be given under subsection (4) even if the time to 7
which it relates has lapsed. 8
`(6) If the applicant does not comply with the requirement within 9
the stated time, or any extension, the application lapses. 10
`Division 4 Suspension and cancellation of 11
approvals 12
`142ZA Grounds for suspension or cancellation 13
`(1) The chief executive may suspend or cancel a person's 14
approval as an approved manager if the chief executive 15
believes on reasonable grounds-- 16
(a) the approval was granted in error or because of a 17
materially false or fraudulent document, statement or 18
representation; or 19
(b) the holder of the approval is not, or is no longer, a 20
suitable person to hold the approval; or 21
(c) the holder has been convicted of an offence against this 22
Act; or 23
(d) the holder has contravened a provision of this Act (being 24
a provision a contravention of which is not an offence 25
against this Act). 26
`(2) For forming a belief that the ground mentioned in subsection 27
(1)(b) exists, the chief executive may have regard to the 28
matters, mentioned in section 142R(3), to which the chief 29
executive may have regard in deciding whether a proposed 30
holder of an approval as an approved manager is a suitable 31
person to hold the approval. 32
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[s 52]
`142ZB Show cause notice 1
`(1) If the chief executive believes a ground exists to suspend or 2
cancel an approval as an approved manager, the chief 3
executive must give the holder of the approval a written notice 4
under this section (a show cause notice). 5
`(2) The show cause notice must state the following-- 6
(a) the action (the proposed action) the chief executive 7
proposes taking under this division; 8
(b) the grounds for the proposed action; 9
(c) an outline of the facts and circumstances forming the 10
basis for the grounds; 11
(d) if the proposed action is suspension of the 12
approval--the proposed suspension period; 13
(e) an invitation to the holder to show within a stated period 14
(the show cause period) why the proposed action should 15
not be taken. 16
`(3) The show cause period must be a period ending not less than 17
21 days after the show cause notice is given to the holder. 18
`142ZC Representations about show cause notices 19
`(1) The holder of the approval may make representations about 20
the show cause notice to the chief executive in the show cause 21
period. 22
`(2) The chief executive must consider all written representations 23
(the accepted representations) made under subsection (1). 24
`142ZD Ending show cause process without further action 25
`(1) This section applies if, after considering the accepted 26
representations for the show cause notice, the chief executive 27
no longer believes a ground exists to suspend or cancel the 28
approval. 29
`(2) The chief executive must not take any further action about the 30
show cause notice. 31
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[s 52]
`(3) Notice that no further action is to be taken about the show 1
cause notice must be given to the holder of the approval by the 2
chief executive. 3
`142ZE Suspension or cancellation 4
`(1) This section applies if, after considering the accepted 5
representations for the show cause notice, the chief 6
executive-- 7
(a) still believes a ground exists to suspend or cancel the 8
approval; and 9
(b) believes suspension or cancellation of the approval is 10
warranted. 11
`(2) This section also applies if there are no accepted 12
representations for the show cause notice. 13
`(3) The chief executive may-- 14
(a) if the proposed action stated in the show cause notice 15
was to suspend the approval for a stated 16
period--suspend the approval for not longer than the 17
stated period; or 18
(b) if the proposed action stated in the show cause notice 19
was to cancel the approval--either cancel the approval 20
or suspend it for a period. 21
`(4) The chief executive must as soon as practicable give the 22
holder of the approval a written notice stating-- 23
(a) the decision and reasons for the decision; and 24
(b) that the applicant may appeal to the tribunal against the 25
decision within 28 days after the applicant receives 26
notice of the decision. 27
`(5) The decision takes effect on-- 28
(a) the day the notice is given to the holder; or 29
(b) if a later day of effect is stated in the notice--the later 30
day.'. 31
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[s 53]
Clause 53 Replacement of s 149 (Licensee to exercise control over 1
premises) 2
Section 149-- 3
omit, insert-- 4
`149 Employment on licensed premises 5
`A licensee must not, other than with the chief executive's 6
prior approval, knowingly permit to be employed on the 7
licensee's behalf on the licensed premises a person who, 8
because of misconduct or bad character-- 9
(a) has had a licence, permit or other authority relating to 10
the sale or supply of liquor cancelled; or 11
(b) has been refused a licence, permit or other authority 12
relating to the sale or supply of liquor; 13
under this Act or a corresponding previous enactment or 14
under a corresponding law of another State or a Territory. 15
Maximum penalty--100 penalty units.'. 16
Clause 54 Replacement of s 149B (Supervising adult entertainment) 17
Section 149B-- 18
omit, insert-- 19
`149B Supervising adult entertainment 20
`(1) At all times when adult entertainment is being provided under 21
an adult entertainment permit, the entertainment must be 22
supervised by the licensee or permittee, or a controller, to 23
ensure that it is provided in accordance with this Act and the 24
conditions of the permit. 25
Maximum penalty--100 penalty units. 26
`(2) If subsection (1) is contravened, the following persons each 27
commit an offence-- 28
(a) the licensee or permittee; 29
(b) a controller whose duty it was to supervise the 30
entertainment at the relevant time.'. 31
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[s 55]
Clause 55 Insertion of new pt 6, div 1A 1
Part 6-- 2
insert-- 3
`Division 1A Provisions binding particular 4
licensees and permittees 5
`155AC Application of div 1A 6
`This division applies to-- 7
(a) licensed premises, other than licensed premises to which 8
a community club licence or community other licence 9
relates if liquor is served or supplied at the premises 10
only by volunteers; and 11
(b) premises to which a permit relates, other than premises 12
to which a community liquor permit or restricted liquor 13
permit relates if liquor is served or supplied at the 14
premises only by volunteers. 15
`155AD Who must be present or reasonably available at 16
licensed premises etc. 17
`(1) This section applies while the licensed premises or premises 18
to which the permit relates are open for business. 19
`(2) If the licensee or permittee is a corporation-- 20
(a) the licensee or permittee must take reasonable steps to 21
ensure that an approved manager is present or 22
reasonably available, during ordinary trading hours, at 23
or in relation to the licensed premises or premises to 24
which the permit relates; and 25
(b) the licensee or permittee must take reasonable steps to 26
ensure that an approved manager is present, during 27
approved extended trading hours, at the licensed 28
premises or premises to which the permit relates. 29
Maximum penalty--50 penalty units. 30
`(3) If the licensee or permittee is an individual-- 31
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[s 55]
(a) the licensee or permittee must be present or be 1
reasonably available, or take reasonable steps to ensure 2
that an approved manager is present or reasonably 3
available, during ordinary trading hours at or in relation 4
to the licensed premises or premises to which the permit 5
relates; and 6
(b) the licensee or permittee must be present or take 7
reasonable steps to ensure that an approved manager is 8
present, during approved extended trading hours, at the 9
licensed premises or premises to which the permit 10
relates. 11
Maximum penalty--50 penalty units. 12
`(4) Subsection (3) applies subject to section 155AF. 13
`(5) For this section, the licensee or permittee or an approved 14
manager is reasonably available in relation to the licensed 15
premises or premises to which the permit relates if both of the 16
following apply-- 17
(a) the licensee, permittee or approved manager is readily 18
contactable by each person involved in the service or 19
supply of liquor at the premises; 20
(b) the time reasonably needed for the licensee, permittee or 21
approved manager to travel from any place at which the 22
licensee, permittee or approved manager may be present 23
to the premises is not more than 1 hour. 24
`155AE Approved managers register 25
`(1) The licensee or permittee-- 26
(a) must keep a register stating the following for each 27
approved manager rostered on duty for the licensed 28
premises or premises to which the permit relates-- 29
(i) the name of the approved manager; 30
(ii) the date on which, and the starting time and 31
finishing time of each shift for which, the approved 32
manager is rostered on duty; and 33
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[s 55]
(b) must keep the register available for inspection by an 1
investigator at the premises. 2
Maximum penalty--100 penalty units. 3
`(2) The licensee or permittee-- 4
(a) must keep with the register copies of the current training 5
course certificates and current licensee's course 6
certificates held by approved managers rostered on duty 7
for the premises; and 8
(b) must make the copies available for inspection by an 9
investigator at the premises. 10
Maximum penalty--100 penalty units. 11
`(3) An approved manager rostered on duty for the premises 12
must-- 13
(a) at the start of each shift for which the approved manager 14
is rostered on duty-- 15
(i) record in the register the approved manager's 16
name, and the date and starting time of the shift; 17
and 18
(ii) sign the register; and 19
(b) at the end of each shift for which the approved manager 20
is rostered on duty-- 21
(i) record in the register the date and finishing time of 22
the shift; and 23
(ii) sign the register. 24
Maximum penalty--100 penalty units. 25
`155AF Exemption from obligation under s 155AD(3) 26
`(1) Subsection (2) applies if-- 27
(a) the licensee or permittee is an individual; and 28
(b) the licensee or permittee wishes to be absent from the 29
management and supervision of the business conducted 30
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[s 56]
under authority of the licence or permit for a continuous 1
period (the relevant period) of not longer than 3 months. 2
`(2) The licensee or permittee may apply to the chief executive for 3
an exemption from the obligation to comply with section 4
155AD(3) during the relevant period. 5
`(3) The chief executive may grant the application only if the chief 6
executive is satisfied-- 7
(a) the licensee or permittee has made reasonable efforts, 8
but has been unsuccessful, in engaging 1 or more 9
approved managers to be present or reasonably 10
available, during the hours in the relevant period the 11
licensed premises or premises to which the permit 12
relates will be open for business, at or in relation to the 13
premises; and 14
(b) during the relevant period-- 15
(i) liquor will be supplied or possessed on the 16
premises only in accordance with the authority 17
conferred by the licence or permit; and 18
(ii) the risk-assessed management plan for the 19
premises will be complied with. 20
`(4) In this section-- 21
reasonably available see section 155AD(5).'. 22
Part 3 Amendment of Police Powers 23
and Responsibilities Act 2000 24
Clause 56 Act amended in pt 3 25
This part amends the Police Powers and Responsibilities Act 26
2000. 27
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Part 3 Amendment of Police Powers and Responsibilities Act 2000
[s 57]
Clause 57 Amendment of s 53 (Prevention of particular offences 1
relating to liquor) 2
(1) Section 53(1), `This section'-- 3
omit, insert-- 4
`Subsection (2)'. 5
(2) Section 53(1)(a)(i), after `section'-- 6
insert-- 7
`157(2)'. 8
(3) Section 53-- 9
insert-- 10
`(2A) Also, if-- 11
(a) a police officer reasonably suspects a person has 12
committed, is committing or is about to commit an 13
offence against the Liquor Act 1992, section 156(2) at a 14
place; and 15
(b) the police officer reasonably suspects that liquor, 16
whether in opened or unopened containers, in the 17
person's possession or under the person's control relates 18
to, or is contributing to, or is likely to contribute to, the 19
commission of an offence at any place by the person or 20
another person; 21
the police officer may seize the liquor, including any container 22
of the liquor.'. 23
(4) Sections 53(3) and (4), after `subsection (2)'-- 24
insert-- 25
`or subsection (2A)'. 26
(5) Section 53(5), after `subsection (1)'-- 27
insert-- 28
`or subsection (2A)'. 29
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[s 58]
Clause 58 Insertion of new ss 53A and 53B 1
After section 53-- 2
insert-- 3
`53A Seizure of liquor from a minor in particular 4
circumstances 5
`(1) This section applies if a police officer-- 6
(a) is lawfully at a place other than a place to which a 7
licence or permit under the Liquor Act 1992 relates; and 8
(b) finds a minor at the place has possession or control of 9
liquor, whether in opened or unopened containers; and 10
(c) reasonably suspects that the minor is not being 11
responsibly supervised by a responsible adult for the 12
minor. 13
`(2) The police may seize the liquor, including any container of the 14
liquor, (the seized thing) and dispose of it in the way the 15
police officer considers reasonably necessary. 16
`(3) For subsection (2), the police officer may continue to stay at 17
the place and re-enter the place for the time reasonably 18
necessary to remove the seized thing, even though to continue 19
to stay or to re-enter, apart from this section, would be 20
trespass. 21
`(4) For subsection (1) the following matters are to be decided on 22
the same basis as the matters are decided under the Liquor Act 23
1992, section 156A-- 24
(a) whether or not a person is a minor; 25
(b) whether or not a minor is being responsibly supervised; 26
(c) whether or not an adult is a responsible adult for a 27
minor. 28
`(5) If the police officer exercises the power under subsection (2) 29
to seize a thing-- 30
(a) the seized thing is taken to have been forfeited to the 31
State immediately after the police officer seizes it; and 32
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Part 4 Amendment of Acts
[s 59]
(b) chapter 21, part 2, division 3 and chapter 21, part 3 do 1
not apply to the seized thing. 2
`(6) In this section-- 3
liquor has the same meaning as it has in section 53. 4
`53B Entry powers for vehicles referred to in ss 53 and 53A 5
If a place where a police officer is exercising a power under 6
section 53 or section 53A is outside a vehicle that is not being 7
used as a dwelling, the police officer's powers for the section 8
include the power to enter the vehicle to exercise a power 9
under the section within the vehicle.'. 10
Part 4 Amendment of Acts 11
Clause 59 Consequential and other amendments of Acts 12
(1) Schedule 1 amends the Acts mentioned in it. 13
(2) Schedule 2 amends the Liquor Act 1992. 14
Page 112
Liquor and Other Acts Amendment Bill 2008
Schedule 1
Schedule 1 Consequential and other 1
amendments of Acts 2
section 59 3
Cairns Casino Agreement Act 1993 4
1 Section 2, definition special facility licence-- 5
omit, insert-- 6
`special facility licence means a commercial special facility 7
licence under the Liquor Act.'. 8
Charitable and Non-Profit Gaming Act 1999 9
1 Section 110, definition liquor-- 10
omit, insert-- 11
`liquor see the Liquor Act 1992, section 4B.'. 12
Gaming Machine Act 1991 13
1 Sections 56, 61 and 78, `club liquor licence'-- 14
omit, insert-- 15
`community club licence'. 16
Page 113
Liquor and Other Acts Amendment Bill 2008
Schedule 1
2 Sections 56, 78 and 96, `general liquor licence'-- 1
omit, insert-- 2
`commercial hotel licence'. 3
3 Sections 56 and 79 and schedule, definition subsidiary 4
operator, `special facility premises'-- 5
omit, insert-- 6
`commercial special facility premises'. 7
4 Sections 56 and 96 and schedule, definition subsidiary 8
operator, `special facility liquor licence'-- 9
omit, insert-- 10
`commercial special facility licence'. 11
5 Section 189(15), definition eligible licensee, paragraph 12
(b)-- 13
omit. 14
6 Section 189(15), definition eligible licensee, paragraph 15
(c)-- 16
renumber as paragraph (b). 17
7 Section 195(2), from `if,' to `premises'-- 18
omit. 19
9 Schedule, definition club, `club liquor'-- 20
omit, insert-- 21
`community club'. 22
Page 114
Liquor and Other Acts Amendment Bill 2008
Schedule 1
10 Schedule, definition club liquor licence, paragraph (a), 1
`58(1)(e)'-- 2
omit, insert-- 3
`58(1)(d)'. 4
11 Schedule, definitions category 1 licensed premises, 5
general liquor licence, special facility liquor licence and 6
special facility premises-- 7
omit, insert-- 8
`category 1 licensed premises means licensed premises for 9
which one of the following licences under the Liquor Act 10
1992 is in force-- 11
(a) a commercial hotel licence; 12
(b) a commercial special facility licence, other than the 13
commercial special facility licence held by the Gold 14
Coast Commerce Club Inc. 15
commercial hotel licence means a licence mentioned in the 16
Liquor Act 1992, section 58(1)(a). 17
commercial special facility licence means a licence 18
mentioned in the Liquor Act 1992, section 58(1)(b). 19
commercial special facility premises means premises to 20
which a commercial special facility licence relates.'. 21
Liquor Act 1992 22
1 Section 3A(1)(b) and (2), `primary purpose'-- 23
omit, insert-- 24
`principal activity'. 25
2 Section 4, definitions cabaret, current training course 26
certificate, on-premises (cabaret) licence, on-premises 27
Page 115
Liquor and Other Acts Amendment Bill 2008
Schedule 1
(function) licence, on-premises (meals) licence, 1
on-premises (other activity) licence, on-premises 2
(presentations) licence, on-premises (tourist) licence, 3
on-premises (transport) licence and training course 4
certificate-- 5
omit. 6
3 Section 4, definition approved area, `103G(1)'-- 7
omit, insert-- 8
`103P(1)'. 9
4 Section 4, definition adult entertainment, `103E(2)'-- 10
omit, insert-- 11
`103N(2)'. 12
5 Section 4, definition code, `103E'-- 13
omit, insert-- 14
`103N'. 15
6 Section 4, definition commencement-- 16
omit, insert-- 17
`commencement means-- 18
(a) for part 12, division 6, see section 268; or 19
(b) for part 12, division 8, see section 288.'. 20
7 Section 4, definition detached bottle shop, `59(1)(d)'-- 21
omit, insert-- 22
`60(1)(d)'. 23
Page 116
Liquor and Other Acts Amendment Bill 2008
Schedule 1
8 Section 4, definition member of a reciprocal club, `club 1
licence or restricted club permit'-- 2
omit, insert-- 3
`community club licence, community other licence or restricted 4
liquor permit'. 5
9 Section 4, definition post-amended Act-- 6
omit, insert-- 7
`post-amended Act means-- 8
(a) for part 12, division 6, see section 268; or 9
(b) for part 12, division 8, see section 288.'. 10
10 Section 4, definition pre-amended Act-- 11
omit, insert-- 12
`pre-amended Act means-- 13
(a) for part 12, division 6, see section 268; or 14
(b) for part 12, division 8, see section 288.'. 15
11 Section 4, definitions private event and public event, 16
`102D'-- 17
omit, insert-- 18
`101'. 19
12 Section 4AA, `an on-premises (cabaret) licence'-- 20
omit, insert-- 21
`a subsidiary on-premises licence for which the principal activity is 22
the provision of entertainment'. 23
13 Section 42A(1)(b)-- 24
insert-- 25
Page 117
Liquor and Other Acts Amendment Bill 2008
Schedule 1
`Examples-- 1
1 The chief executive might issue a guideline stating the matters that 2
must be dealt with in a risk-assessed management plan. 3
2 The chief executive might issue a guideline stating the matters that 4
must be dealt with in a community impact statement.' 5
14 Section 46(1), `club'-- 6
omit, insert-- 7
`liquor'. 8
15 Section 107C(1)(b), `a conference held under section 121 9
or'-- 10
omit. 11
16 Section 107D(1)(a), `general purpose permit or restricted 12
club'-- 13
omit, insert-- 14
`community liquor permit or restricted liquor'. 15
17 Section 111(1A), (3) and (4)-- 16
omit. 17
18 Sections 113(1) and 117(1)(b), `hours permit'-- 18
omit, insert-- 19
`trading hours approval'. 20
19 Section 117(4), definition relevant application, paragraph 21
(b), before `club'-- 22
insert-- 23
`community'. 24
Page 118
Liquor and Other Acts Amendment Bill 2008
Schedule 1
20 Section 118(1)(c)-- 1
omit, insert-- 2
`(c) an extended trading hours approval or variation of an 3
extended trading hours approval;'. 4
21 Section 118(7) and (8)-- 5
omit. 6
22 Section 118(9)-- 7
renumber as section 118(7). 8
23 Section 121A-- 9
omit. 10
24 Section 122(3)-- 11
omit. 12
25 Sections 123(1)(a), 123A(1)(a) and (c) and 125(3), `primary 13
purpose'-- 14
omit, insert-- 15
`principal activity'. 16
26 Section 125(3), `general'-- 17
omit, insert-- 18
`commercial hotel'. 19
27 Section 126, heading, `or permit'-- 20
omit. 21
Page 119
Liquor and Other Acts Amendment Bill 2008
Schedule 1
28 Section 126(1)-- 1
omit, insert-- 2
`(1) If a licence is varied, the chief executive must cause an 3
appropriate endorsement to be made on the licence.'. 4
29 Section 126(3), `or permit'-- 5
omit. 6
30 Section 136(1)(a)(ii), `primary purpose'-- 7
omit, insert-- 8
`principal activity'. 9
31 Section 142K(2), `142B(4)'-- 10
omit, insert-- 11
`142B(3)'. 12
32 Section 148B(4)-- 13
omit, insert-- 14
`(4) Subsection (2)(b) does not apply to the holder of a subsidiary 15
on-premises licence if the principal activity of the business 16
conducted under the licence is the principal activity 17
mentioned in section 67A.'. 18
33 Section 148B(5) and (6)-- 19
renumber as section 148B(4) and (5). 20
34 Section 149A, `general purpose permit or restricted 21
club'-- 22
omit, insert-- 23
`community liquor permit or restricted liquor'. 24
Page 120
Liquor and Other Acts Amendment Bill 2008
Schedule 1
35 Sections 150(2) and 153(3) and (4), before `special 1
facility'-- 2
insert-- 3
`commercial'. 4
36 Sections 154(2)(a) and (4)(a), `primary purpose'-- 5
omit, insert-- 6
`principal activity'. 7
37 Sections 154A(1)(a) and 154B(1) and (3), `general'-- 8
omit, insert-- 9
`commercial hotel'. 10
38 Sections 154C, before `club'-- 11
insert-- 12
`community'. 13
39 Section 155(5)(b) and (c)-- 14
omit, insert-- 15
`(b) the premises are being used for the conduct of business 16
for the principal activity of providing entertainment on 17
the premises.'. 18
40 Section 155AA(1), `general purpose permit or restricted 19
club'-- 20
omit, insert-- 21
`community liquor permit or restricted liquor'. 22
41 Section 162-- 23
omit, insert-- 24
Page 121
Liquor and Other Acts Amendment Bill 2008
Schedule 1
`162 Taking liquor onto or away from premises subject to 1
subsidiary on-premises licence 2
`(1) A person must not take liquor onto premises to which a 3
subsidiary on-premises licence relates for consumption on the 4
premises, unless the premises are premises mentioned in 5
section 67A. 6
Maximum penalty--25 penalty units. 7
`(2) A person must not take liquor from premises to which a 8
subsidiary on-premises licence relates, unless the premises are 9
premises mentioned in section 67A and-- 10
(a) if the liquor is wine, the wine was supplied to the person 11
on the premises lawfully under the licence as authorised 12
under section 67A(2)(b); or 13
(b) the person brought the liquor onto the premises. 14
Maximum penalty--25 penalty units.'. 15
42 Section 168A(4), `general purpose or restricted club'-- 16
omit, insert-- 17
`community liquor permit or restricted liquor'. 18
43 Section 172(2), `84(1)'-- 19
omit, insert-- 20
`75(1)'. 21
44 Section 187(5), definition licensed premises, `club'-- 22
omit, insert-- 23
`liquor'. 24
45 Section 235(2)(f), `general purpose'-- 25
omit, insert-- 26
`community liquor'. 27
Page 122
Liquor and Other Acts Amendment Bill 2008
Schedule 1
46 Section 235(2)(h), `59'-- 1
omit, insert-- 2
`60(1)(d)'. 3
47 Schedule, heading, `88 and 103D'-- 4
omit, insert-- 5
`79, 83 and 103M'. 6
Tobacco and Other Smoking Products Act 1998 7
1 Sections 26ZA(1)(a) and 26ZJ(2)(c), `general licence or 8
club'-- 9
omit, insert-- 10
`commercial hotel licence or community club'. 11
2 Sections 26ZA(1)(b) and 26ZJ(2)(d), before `special'-- 12
insert-- 13
`commercial'. 14
Page 123
Liquor and Other Acts Amendment Bill 2008
Schedule 2
Schedule 2 Amendments of the Liquor Act 1
1992 relating to approved 2
managers 3
section 59 4
1 Section 4, definition disciplinary action, paragraph (h), `or 5
nominee for the licence'-- 6
omit. 7
2 Section 43(2)(b), from `, nominees' to `permittees'-- 8
omit. 9
3 Section 45(a), `nominees'-- 10
omit, insert-- 11
`approved managers'. 12
4 Section 46(1), `nominee,'-- 13
omit. 14
5 Sections 107(3), 107E(3), 109, 109A and 115(2)-- 15
omit. 16
6 Sections 108(1), from `if for' to `other nominee'-- 17
omit. 18
7 Section 115, `109'-- 19
omit, insert-- 20
`108'. 21
Page 124
Liquor and Other Acts Amendment Bill 2008
Schedule 2
8 Section 128(a), from `, and' to `licence'-- 1
omit. 2
9 Section 131-- 3
omit. 4
10 Section 136(1)(e), from `or any' to `premises,'-- 5
omit. 6
11 Part 6, division 1, heading, `nominees'-- 7
omit, insert-- 8
`approved managers'. 9
12 Section 143(1)(a), from `and' to `premises'-- 10
omit. 11
13 Section 155AA(2), from `licensee' to `controller'-- 12
omit, insert-- 13
`licensee or permittee, an approved manager working at the 14
premises, or the licensee's or permittee's controller'. 15
14 Section 155A, from `a licensee' to `premises'-- 16
omit, insert-- 17
`the licensee or permittee of, or an approved manager working at, 18
the premises to which a licence or permit relates'. 19
15 Section 156(3), `licensee, permittee, nominee or manager 20
of'-- 21
omit, insert-- 22
`licensee or permittee of, or an approved manager working at,'. 23
Page 125
Liquor and Other Acts Amendment Bill 2008
Schedule 2
16 Section 156B(2), penalty, paragraph (a), `the nominee 1
of'-- 2
omit, insert-- 3
`an approved manager working at'. 4
17 Section 156C(5), penalty, paragraph (a), `the nominee 5
of'-- 6
omit, insert-- 7
`an approved manager working at'. 8
18 Section 234(1), `, permittee or nominee'-- 9
omit, insert-- 10
`or permittee'. 11
© State of Queensland 2008
Page 126
AMENDMENTS TO BILL
Liquor and Other Acts Amendment Bill 2008
Liquor and Other Acts Amendment Bill
2008
Amendments agreed to during Consideration
1 Clause 33 (Omission of ss 203207)
At page 80, lines 17 to 19--
omit, insert--
`33 Replacement of ss 203207
`Sections 203 to 207--
omit, insert--
`203 Filing of returns
`(1) A licensee must, within 21 days after the end of a licence
period, file with the chief executive a return in relation to all
liquor purchased, or otherwise obtained, for the licensed
premises during the licence period.
Maximum penalty--25 penalty units.
`(2) However, subsection (1) does not apply to a licensee if the
chief executive is satisfied, and gives written notice to the
licensee that, the licensee need not file a return under
subsection (1), having regard to the principal activity, and the
nature and extent, of the business conducted under the licence.
`(3) Also, the licensee under a producer/wholesaler licence must,
within 21 days after the end of a licence period, file with the
chief executive a return in relation to all liquor sold or
supplied under authority of the licence during the licence
period.
Maximum penalty--25 penalty units.
`(4) A return under subsection (1) or (3) must contain the
particulars, and be accompanied by the documents, prescribed
under a regulation.
Page 1
Liquor and Other Acts Amendment Bill 2008
`(5) If the chief executive is not satisfied a return filed by a
licensee under subsection (1) or (3) is accurate, the chief
executive may, by written notice given to the licensee, require
the licensee to file with the chief executive a further return of
the same type, certified to be accurate by the person
responsible for auditing the accounting records of the business
conducted under the licence.
`(6) A person given a notice under subsection (5) must comply
with the notice within the time stated in the notice.
Maximum penalty for subsection (6)--25 penalty units.'.'.
2 Clauses 38 and 39
At page 81, lines 15 to 24 and page 82, lines 1 to 11--
omit.
© State of Queensland 2008
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