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Queensland
LIQUOR (EVICTIONS,
UNLICENSED SALES AND
OTHER MATTERS)
AMENDMENT BILL 1999
Queensland
LIQUOR (EVICTIONS, UNLICENSED
SALES AND OTHER MATTERS)
AMENDMENT BILL 1999
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 107 (Restrictions on grant of licence or permit) . . . . . . . 4
5 Amendment of s 131A (Decision by chief executive on
application to continue trading in certain circumstances) . . . . . . . . . . . . . . 4
6 Amendment of s 134 (Cancellation, suspension or variation of permits) . . 5
7 Amendment of s 136 (Cancellation of licences) . . . . . . . . . . . . . . . . . . . . . 5
8 Replacement of s 146 (Sale or supply contrary to licence or permit) . . . . 5
146 Supply contrary to licence or permit . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Replacement of s 165 (Obstruction to eviction from premises) . . . . . . . . . 6
165 Removal of persons from premises . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
165A Refusing entry to premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
165B Preservation of other rights to prevent entry to premises or
remove persons from premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Amendment of s 167 (Ascertainment of age) . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Replacement of s 169 (Authority required for sale) . . . . . . . . . . . . . . . . . . . 9
169 Authority required for sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Amendment of s 171 (Carrying or exposing liquor for sale) . . . . . . . . . . . . 9
13 Amendment of s 173 (Occupier and owner of unlicensed premises
liable for sale of liquor etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Amendment of s 177 (Entry and search--evidence of offences) . . . . . . . . . 10
2
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
15 Amendment of s 178 (General powers of investigator in relation
to places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Insertion of new s 183A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
183A Other powers of seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17 Amendment of s 184 (Other powers of investigators) . . . . . . . . . . . . . . . . . . 13
18 Insertion of new pt 7, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2--Provisions relating to seizure
187A Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
187B Receipts for seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
187C Return of seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
187D Access to seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
187E Forfeiture of unreturned property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
187F Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
187G Dealing with forfeited property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Insertion of new s 228A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
228A Disqualification from holding licence or permit on
conviction of certain offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
20 Omission of s 232 (Forfeiture and disposal of seized property) . . . . . . . . . . 17
21 Insertion of new pt 12, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2--Transitional provisions for Liquor (Evictions,
Unlicensed Sales and Other Matters) Amendment Act 1999
254 Meaning of "amending Act" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
255 Transitional provision for amendment of s 169 . . . . . . . . . . . . . . . . . 17
256 Transitional provision for amendment of s 171 . . . . . . . . . . . . . . . . . 18
257 Transitional provision for amendment of s 173 . . . . . . . . . . . . . . . . . 18
258 Transitional provision for amendment of s 228A . . . . . . . . . . . . . . . . 19
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 20
MINOR AMENDMENTS
1999
A BILL
FOR
An Act to amend the Liquor Act 1992
s1 4 s5
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Liquor (Evictions, Unlicensed Sales and 3
Other Matters) Amendment Act 1999. 4
amended 5
Act
Clause 2. This Act amends the Liquor Act 1992. 6
of s 4 (Definitions) 7
Amendment
Clause 3. Section 4-- 8
insert-- 9
` "disqualified person" means a person disqualified under section 228A 10
from holding a licence or permit.1'. 11
of s 107 (Restrictions on grant of licence or permit) 12
Amendment
Clause 4. Section 107(1), `is a fit and proper person'-- 13
omit, insert-- 14
`is not a disqualified person and is a fit and proper person'. 15
of s 131A (Decision by chief executive on application to 16
Amendment
continue trading in certain circumstances) 17
Clause 5. Section 131A(5)-- 18
omit, insert-- 19
`(5) If the chief executive is satisfied that the applicant and, if the 20
1 Section 228A (Disqualification from holding licence or permit on conviction of
certain offences)
s6 5 s8
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
applicant has nominated a nominee, the nominee are not disqualified 1
persons and are fit and proper persons to conduct the business under the 2
authority of the licence, the chief executive may authorise the applicant and 3
nominee to conduct the business under the authority of the licence. 4
`(5A) If the application was made because of an order for cancellation of 5
the licence and the chief executive authorises the conduct of the business 6
under subsection (5), the order for cancellation is set aside.'. 7
of s 134 (Cancellation, suspension or variation of 8
Amendment
permits) 9
Clause 6. Section 134-- 10
insert-- 11
`(2) The chief executive must immediately cancel a permit if the chief 12
executive is satisfied the permittee has become a disqualified person.'. 13
of s 136 (Cancellation of licences) 14
Amendment
Clause 7.(1) Section 136(1)(d), `is not a fit and proper person'-- 15
omit, insert-- 16
`is a disqualified person or is not a fit and proper person'. 17
(2) Section 136-- 18
insert-- 19
`(5A) However, if the chief executive is satisfied the licensee or a 20
nominee is a disqualified person, the chief executive must, by order, cancel 21
the licence.'. 22
of s 146 (Sale or supply contrary to licence or permit) 23
Replacement
Clause 8. Section 146-- 24
omit, insert-- 25
s9 6 s9
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
contrary to licence or permit 1
`Supply
`146.(1) A licensee or permittee, or an employee or agent of a licensee or 2
permittee, must not supply liquor-- 3
(a) at an unauthorised time; or 4
(b) in an unauthorised quantity; or 5
(c) in an unauthorised way; or 6
(d) for an unauthorised purpose. 7
Maximum penalty--100 penalty units. 8
`(2) In subsection (1)-- 9
"supply" includes sell. 10
"unauthorised" means not authorised by the licence or permit.'. 11
of s 165 (Obstruction to eviction from premises) 12
Replacement
Clause 9. Section 165-- 13
omit, insert-- 14
of persons from premises 15
`Removal
`165.(1) An authorised person for premises to which a licence or permit 16
relates may require a person to leave the premises if-- 17
(a) the person is unduly intoxicated; or 18
(b) the person is disorderly; or 19
(c) the person is creating a disturbance; or 20
(d) the person is a minor, other than an exempt minor; or 21
(e) the person has entered the premises despite being refused entry 22
under section 165A; or 23
(f) the person refuses to state particulars, or to produce evidence, as 24
to age when required to do so under section 167. 25
`(2) A person must immediately leave premises when required to do so 26
under subsection (1). 27
s9 7 s9
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
Maximum penalty--25 penalty units. 1
`(3) If a person fails to leave when required under subsection (1), the 2
authorised person may use necessary and reasonable force to remove the 3
person. 4
`(4) A person must not resist an authorised person who is removing the 5
person under subsection (3). 6
Maximum penalty--25 penalty units. 7
`(5) In this section-- 8
"authorised person", for premises to which a licence or permit relates, 9
means-- 10
(a) the licensee or permittee; or 11
(b) an employee or agent of the licensee or permittee. 12
entry to premises 13
`Refusing
`165A.(1) An authorised person for premises to which a licence or 14
permit relates may refuse to allow a person to enter the premises if-- 15
(a) the person is unduly intoxicated; or 16
(b) the person is disorderly; or 17
(c) the person is a minor, other than an exempt minor; or 18
(d) the authorised person suspects on reasonable grounds the person 19
is a minor and the person fails to-- 20
(i) produce acceptable evidence that the person is not a minor; 21
or 22
(ii) show that, if admitted to the premises, the person will be an 23
exempt minor.2 24
`(2) A person must not enter, or attempt to enter, premises to which the 25
person is refused entry under subsection (1). 26
Maximum penalty--25 penalty units. 27
2 See sections 6 (Acceptable evidence of age) and 155 (Minors on premises).
s 10 8 s 10
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
`(3) If a person attempts to enter premises despite being refused entry to 1
the premises under subsection (1), an authorised person may use necessary 2
and reasonable force to prevent the person from entering the premises. 3
`(4) A person must not resist an authorised person who is preventing the 4
person from entering premises under subsection (3). 5
Maximum penalty--25 penalty units. 6
`(5) In this section-- 7
"authorised person", for premises to which a licence or permit relates, 8
means-- 9
(a) the licensee or permittee; or 10
(b) an employee or agent of the licensee or permittee. 11
of other rights to prevent entry to premises or remove 12
`Preservation
persons from premises 13
`165B. Sections 165 and 165A do not limit any rights a person has under 14
another law to prevent entry to premises to anyone or remove anyone from 15
premises. 16
17
Example--
18
A licensee decides on a dress standard for persons in the licensed premises. The
19
licensee may exercise the licensee's rights apart from this Act to stop anyone who
20
does not comply with the standard from entering the premises.'.
of s 167 (Ascertainment of age) 21
Amendment
Clause 10.(1) Section 167(2) and (3)-- 22
omit. 23
(2) Section 167(4), definition "authorised person", paragraphs (c) and 24
(d)-- 25
omit. 26
(3) Section 167(4)-- 27
renumber as section 167(2). 28
s 11 9 s 12
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
of s 169 (Authority required for sale) 1
Replacement
Clause 11. Section 169-- 2
omit, insert-- 3
required for sale 4
`Authority
`169. A person must not sell liquor unless-- 5
(a) if the liquor is wine--the sale is made under the authority of a 6
licence or permit under this Act or the Wine Industry Act 1994; or 7
(b) otherwise--the sale is made under the authority of a licence or 8
permit. 9
Maximum penalty-- 10
(a) for a first offence--500 penalty units; or 11
(b) for a second offence--700 penalty units or 6 months 12
imprisonment; or 13
(c) for a third or later offence--1 000 penalty units or 18 months 14
imprisonment.'. 15
of s 171 (Carrying or exposing liquor for sale) 16
Amendment
Clause 12.(1) Section 171(1)-- 17
insert-- 18
`Maximum penalty-- 19
(a) for a first offence--500 penalty units; or 20
(b) for a second offence--700 penalty units or 6 months 21
imprisonment; or 22
(c) for a third or later offence--1 000 penalty units or 18 months 23
imprisonment.'. 24
(2) Section 171, penalty at the end of the section-- 25
omit. 26
s 13 10 s 14
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
of s 173 (Occupier and owner of unlicensed premises 1
Amendment
liable for sale of liquor etc.) 2
Clause 13.(1) Section 173(2), `suffered'-- 3
omit, insert-- 4
`allowed'. 5
(2) Section 173(2)(b) and (c)-- 6
renumber as section 173(2)(c) and (d). 7
(3) Section 173(2)(a)-- 8
omit, insert-- 9
`(a) during the 2 years before the sale, liquor has been sold on the 10
premises on at least 3 other occasions; and 11
(b) someone has been convicted of an offence against this division 12
relating to the sale on each of the other occasions; and'. 13
(4) Section 173(3), `Two convictions'-- 14
omit, insert-- 15
`A conviction'. 16
(5) Section 173(3), `constitute'-- 17
omit, insert-- 18
`is'. 19
of s 177 (Entry and search--evidence of offences) 20
Amendment
Clause 14.(1) Section 177(2)(b)-- 21
omit. 22
(2) Section 177(2)(c)-- 23
renumber as section 177(2)(b). 24
s 15 11 s 16
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
of s 178 (General powers of investigator in relation to 1
Amendment
places) 2
Clause 15.(1) Section 178(1)(f)-- 3
omit, insert-- 4
`(f) the powers mentioned in sections 182 to 184.3'. 5
(2) Section 178(4) and (5)-- 6
omit, insert-- 7
`(4) An investigator who damages anything when exercising or 8
purporting to exercise a power under this part must, as soon as practicable 9
after damaging the thing, give written notice of particulars of the damage to 10
the person who appears to the investigator to be the owner.'. 11
(3) Section 178(6) and (7)-- 12
renumber as section 178(5) and (6). 13
of new s 183A 14
Insertion
Clause 16. After section 183-- 15
insert-- 16
powers of seizure 17
`Other
`183A.(1) If an investigator knows, or suspects on reasonable grounds, 18
that liquor is being sold, consumed, possessed or carried for sale in 19
contravention of this Act, or has been sold in contravention of this Act, the 20
investigator may seize any of the following-- 21
(a) the liquor; 22
(b) bottles or other containers in which the liquor is contained; 23
(c) if it is known or suspected that liquor is being or has been sold in 24
3 Sections 182 (Requirement to give name, address and age), 183 (Power to
require answers to questions), 183A (Other powers of seizure) and 184 (Other
powers of investigators)
s 16 12 s 16
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
contravention of section 1694 --other property (including other 1
liquor) that the investigator believes, on reasonable grounds, it is 2
necessary to seize to prevent its use in continuing or repeating the 3
contravention or suspected contravention; 4
(d) if it is known or suspected that liquor is being carried for sale in 5
contravention of section 1715-- 6
(i) utensils suitable for measuring or consuming the liquor; 7
(ii) a vehicle, boat, aircraft, animal or other thing being used to 8
carry the liquor. 9
10
Examples of property that may be seized under paragraph (c)--
11
Refrigerators, glasses, glass washers, keg lines, measures, pourers, liquor display
12
cabinets, shelving, signage, dry bars, bar stools, bar servery.
`(2) In deciding for subsection (1)(c) whether it is necessary to seize 13
property, the investigator must consider the following-- 14
(a) any previous occasions on which an investigator knows, or 15
suspects on reasonable grounds, section 169 has been 16
contravened-- 17
(i) by the person from whom the property is being seized; or 18
(ii) in the premises from which the property is being seized; 19
(b) any representations made to the investigator, by a person from 20
whom the property is being seized, about the operational needs of 21
a lawful business conducted by the person; 22
(c) any other matter that may reasonably be taken to indicate whether 23
or not a contravention of section 169 is likely to be continued or 24
repeated if the property is not seized. 25
`(3) In this section-- 26
"liquor" includes anything suspected on reasonable grounds to be liquor.'. 27
4 Section 169 (Authority required for sale)
5 Section 171 (Carrying or exposing liquor for sale)
s 17 13 s 18
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
of s 184 (Other powers of investigators) 1
Amendment
Clause 17.(1) Section 184(1)(d)-- 2
omit, insert-- 3
`(d) the powers of an authorised person under sections 165, 165A 4
and 167;6'. 5
(2) Section 184(1)(f) and (g)-- 6
omit. 7
(3) Section 184(1)(h)-- 8
renumber as section 184(1)(f). 9
(4) Section 184(3) and (4)-- 10
omit. 11
of new pt 7, div 2 12
Insertion
Clause 18. Part 7, after section 187-- 13
insert-- 14
`Division 2--Provisions relating to seizure 15
16
`Application
`187A.(1) Sections 187B to 187G apply if an investigator who is not a 17
police officer seizes property under this part. 18
`(2) If an investigator who is a police officer seizes property under this 19
part-- 20
(a) sections 187B to 187G do not apply; and 21
(b) the Police Powers and Responsibilities Act 1997 applies as if the 22
property were seized as evidence under that Act. 23
6 Sections 165 (Removal of persons from premises), 165A (Refusing entry to
premises) and 167 (Ascertainment of age)
s 18 14 s 18
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
for seized property 1
`Receipts
`187B.(1) As soon as practicable after the investigator seizes the 2
property, the investigator must give a receipt for it to the person from whom 3
it was seized. 4
`(2) However, if for any reason it is not practicable to comply with 5
subsection (1), the investigator must leave the receipt at the place of seizure 6
in a conspicuous position and in a reasonably secure way. 7
`(3) The receipt must describe generally each thing seized and its 8
condition. 9
`(4) This section does not apply to property if it is impracticable or would 10
be unreasonable to give the receipt, given its nature, condition and value. 11
of seized property 12
`Return
`187C.(1) This section applies to the seized property if it is not forfeited 13
under section 187E or 187F. 14
`(2) The investigator must return the property to the person from whom 15
it was seized not later than the following times-- 16
(a) if a proceeding for an offence involving the property is started 17
within 6 months after the seizure--at the end of the proceeding 18
and any appeal from the proceeding; 19
(b) otherwise--6 months after the seizure. 20
`(3) Despite subsection (2), if the property was seized only as evidence, 21
the investigator must immediately return the property if the investigator 22
stops being satisfied its continued retention as evidence is necessary. 23
to seized property 24
`Access
`187D.(1) Until the seized property is forfeited or returned, the 25
investigator must allow its owner to inspect it and, if it is a document, to 26
copy it. 27
`(2) Subsection (1) does not apply if it is impracticable or would be 28
unreasonable to allow the inspection or copying. 29
s 18 15 s 18
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
of unreturned property 1
`Forfeiture
`187E.(1) The seized property is forfeited to the State if-- 2
(a) the investigator can not find the person from whom it was seized, 3
after making reasonable inquiries; or 4
(b) the investigator can not find the person from whom it was seized 5
and it would be unreasonable to make inquiries to find the person; 6
or 7
(c) the investigator can not return it, after making reasonable efforts; 8
or 9
(d) it would be unreasonable to make efforts to return the property. 10
11
Examples for paragraph (d)--
12
1. The person from whom the property was seized has migrated to another country.
13
2. The seized property consists a small amount of liquor that does not have a high
14
value.
`(2) Regard must be had to the nature, condition and value of property in 15
deciding-- 16
(a) whether it is reasonable to make inquiries or efforts; and 17
(b) if making inquiries or efforts--what inquiries or efforts, including 18
the period over which they are made, are reasonable. 19
on conviction 20
`Forfeiture
`187F.(1) On the conviction of a person for an offence against this Act 21
involving the seized property, the court may order the forfeiture to the State 22
of the property. 23
`(2) The court may make the order whether or not the property has been 24
returned to the person from whom it was seized. 25
`(3) The court may make any order to enforce the forfeiture it considers 26
appropriate. 27
`(4) This section does not limit the court's powers under the Penalties 28
and Sentences Act 1992 or another law. 29
s 19 16 s 19
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
with forfeited property 1
`Dealing
`187G.(1) On the forfeiture of property to the State, the property 2
becomes the State's property and may be dealt with by the chief executive 3
as the chief executive considers appropriate. 4
`(2) Without limiting subsection (1), the chief executive may destroy or 5
dispose of the property. 6
`(3) If the property is sold, the proceeds of sale are to be paid-- 7
(a) first, in meeting expenses of the sale; and 8
(b) second, in meeting the expenses of the seizure and storage of the 9
seized property; and 10
(c) third, to the consolidated fund.'. 11
of new s 228A 12
Insertion
Clause 19. After section 228-- 13
insert-- 14
from holding licence or permit on conviction of 15
`Disqualification
certain offences 16
`228A.(1) A person is disqualified from holding a licence or permit on 17
the person's second or later conviction of an unlicensed sales offence. 18
`(2) The person remains disqualified for the following period-- 19
(a) if the conviction was the person's second conviction of an 20
unlicensed sales offence--5 years from the date of the conviction; 21
(b) if the conviction was the person's third or later conviction of an 22
unlicensed sales offence--10 years from the date of the 23
conviction. 24
`(3) To remove doubt, it is declared that, in deciding for this section 25
whether a conviction is a second, third or later conviction of an unlicensed 26
sales offence, an expired conviction of an unlicensed sales offence must not 27
be counted. 28
s 20 17 s 21
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
`(4) In this section-- 1
"expired conviction" means a conviction-- 2
(a) for which the rehabilitation period under the Criminal Law 3
(Rehabilitation of Offenders) Act 1986 has expired; and 4
(b) that has not been revived under that Act. 5
"unlicensed sales offence" means an offence against section 169 or 171.7'. 6
of s 232 (Forfeiture and disposal of seized property) 7
Omission
Clause 20. Section 232-- 8
omit. 9
of new pt 12, div 2 10
Insertion
Clause 21. After section 253-- 11
insert-- 12
2--Transitional provisions for Liquor (Evictions, Unlicensed 13
`Division
Sales and Other Matters) Amendment Act 1999 14
of "amending Act" 15
`Meaning
`254. In this division-- 16
"amending Act" means the Liquor (Evictions, Unlicensed Sales and Other 17
Matters) Amendment Act 1999. 18
provision for amendment of s 169 19
`Transitional
`255.(1) This section applies for deciding the penalty for an offence 20
against section 1698 committed by a person after the commencement. 21
7 Section 169 (Authority required for sale) or 171 (Carrying or exposing liquor for
sale)
8 Section 169 (Authority required for sale)
s 21 18 s 21
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
`(2) Another offence against section 169 committed by the person before 1
the commencement must not be counted in deciding whether the offence 2
mentioned in subsection (1) is a first, second, third or later offence against 3
section 169. 4
`(3) In this section-- 5
"commencement" means the commencement of section 11 of the 6
amending Act. 7
provision for amendment of s 171 8
`Transitional
`256.(1) This section applies for deciding the penalty for an offence 9
against section 171(1)9 committed by a person after the commencement. 10
`(2) Another offence against section 171(1) committed by the person 11
before the commencement must not be counted in deciding whether the 12
offence mentioned in subsection (1) is a first, second, third or later offence 13
against section 171. 14
`(3) In this section-- 15
"commencement" means the commencement of section 12 of the 16
amending Act. 17
provision for amendment of s 173 18
`Transitional
`257.(1) This section applies to a sale of liquor on unlicensed premises 19
after the commencement. 20
`(2) In deciding under section 173(2)(a)10 whether, during the 2 years 21
before the sale, liquor has been sold on the premises on at least 3 other 22
occasions, an occasion before the commencement must not be counted. 23
`(3) In this section-- 24
"commencement" means the commencement of section 13 of the 25
amending Act. 26
9 Section 171 (Carrying or exposing liquor for sale)
10 Section 173 (Occupier and owner of unlicensed premises liable for sale of liquor
etc.)
s 21 19 s 21
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
provision for amendment of s 228A 1
`Transitional
`258.(1) A person may be disqualified under section 228A11 only on 2
conviction of an unlicensed sales offence committed after the 3
commencement. 4
`(2) However, a conviction of an unlicensed sales offence committed 5
before the commencement, whether the conviction happens before or after 6
the commencement, must be counted in deciding whether the conviction 7
mentioned in subsection (1) is a second, third or later conviction of an 8
unlicensed sales offence. 9
`(3) Subsection (2) applies subject to section 228A(3). 10
`(4) In this section-- 11
"commencement" means the commencement of section 19 of the 12
amending Act.'. 13
11 Section 228A (Disqualification from holding licence or permit on conviction of
certain offences)
20
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
SCHEDULE 1
¡
MINOR AMENDMENTS 2
section 2 3
1. Part 6, division 1, heading-- 4
omit, insert-- 5
`Division 1--Provisions binding licensees, permittees and associated 6
persons'. 7
2. Section 145B-- 8
relocate to part 6, division 2 and renumber as section 155A. 9
3. Section 164(4), `likely'-- 10
omit, insert-- 11
`is likely'. 12
4. Part 7, before section 174-- 13
insert-- 14
`Division 1--Exercise of powers'. 15
5. Part 12, heading-- 16
omit, insert-- 17
`PART 12--FURTHER TRANSITIONAL PROVISIONS 18
`Division 1--Transitional provisions about restricted club licences for 19
the Liquor Amendment Act (No. 2) 1994'. 20
21
Liquor (Evictions, Unlicensed Sales and Other
Matters) Amendment
6. Section 252, `Part'-- 1
omit, insert-- 2
`division'. 3
4
5
© State of Queensland 1999
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