Queensland Bills Explanatory Notes

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LIQUOR AMENDMENT BILL 2004

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                         Liquor Amendment Bill 2004


Liquor Amendment Bill 2004


Explanatory Notes

General Outline

Short Title
The short title of the Bill is the Liquor Amendment Bill 2004.

Policy Objective of the Legislation
The Bill proposes to clarify any uncertainty relating to the inclusion of
airport tarmacs within restricted areas. It additionally makes technical
amendments to enable the transport of liquor on consignment through a
restricted area by a transport carrier and allows the issue of restricted area
permits for a stated period of time.

Reasons for the Bill
To clarify confusion as to whether an airport tarmac was considered a
`public place' within a restricted area and to make technical amendments to
enable more effective application of the restricted area provisions.
On 12 July 2004, Cabinet approved that a Bill should be drafted to clarify
the restricted area provisions.

Achieving the Objective
The Bill amends the definition of `public place' in a restricted area to
include specifically tarmacs and any other land used for the landing and
parking of aircraft within a restricted area.
It also corrects a legislative oversight relating to the transport of liquor by
commercial carriers through restricted areas.
Finally, the Bill will amend provisions relating to restricted area permits to
enable them to be issued for a specified period of time of not more than one
(1) year. Currently the Liquor Act 1992 provides that such permits can
only be issued for specified dates. This has been administratively
cumbersome to not only the Division but to business. An amendment will
 
 
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                         Liquor Amendment Bill 2004

enable permits to be issued to tour operators for the entire tourist season. A
range of conditions are placed on permits to ensure they do not
compromise the intent of the restrictions. Whilst permits have also been
issued to members of the clergy to enable the carriage of small quantities of
sacramental wine in restricted areas, the amendment will not impact on the
issue of these permits.

Administrative costs
Administration of the amendments will be carried out within existing
budgets.

Fundamental Legislation Principles
The Bill is consistent with fundamental legislative principles.

Consultation
No formal community consultation has been undertaken. The Departments
of Premier and Cabinet, Aboriginal and Torres Strait Islander Policy and
the Queensland Police Service support the amendments.




Notes on Provisions


Part 1 Preliminary

Short title
Clause 1 sets out the short title of the Act as the Liquor Amendment Act
2004.

Commencement
Clause 2 provides that the proposed amendments will commence on a day
to be fixed by proclamation.
 
 
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                         Liquor Amendment Bill 2004


Part 2 Amendment of the Liquor Act 1992

Act Amended
Clause 3 provides that the Bill amends the Liquor Act 1992 (the Act).
Clause 4(1) inserts a definition of `airport' into section 4 of the Act. The
inclusive definition defines an airport to include an aerodrome, airfield and
landing strip and any other land used for landing or parking aircraft.
Clause 4(1) extends the existing definition of `public place' to include an
airport or a vehicle, boat or aircraft at an airport.
Clause 5(1) amends section 103L(1) of the Act to allow the authorised
holder of a restricted area permit to possess more than the carriage limit in
a restricted area for a specified purpose and on nominated days and times.
Clause 5(1)(b) further provides that permits may be issued for a period of
not more than one year.
Clause 6 omits reference to an `event' in subsections 103M (a) and (b) of
the Act. This amendment will allow restricted area permits to be issued for
periods up to one year.
Clause 7(1) amends the heading for section 168B of the Act to "Prohibition
on possession of liquor in restricted area".
Clause 7(2) provides for the expansion of the existing exemption to the
prohibition of possession of liquor in restricted areas by commercial
carriers in section 168B of the Act. This expansion will allow them to
possess liquor in the course of lawful business if:
     (a) they are delivering it to a premises outside of a restricted area;
         and
     (b) that the package or container the liquor is delivered in is labelled,
         in writing, with the name and address of the vendor and
         purchaser; and
     (c) that the liquor will not be removed from the vehicle while the
         vehicle is in the restricted area; and
     (d) that the liquor is securely stored in a container or fixed to a part
         of the vehicle that is locked; and
     (e) that neither the liquor nor the package or container that the liquor
         is stored in, to be visible from outside the vehicle.
Clauses 7(3) and (4) renumber the subsections of section 168 of the Act.
 
 
© State of Queensland 2004

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