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1
Liquor Amendment Bill (No. 2) 1993
LIQUOR AMENDMENT BILL (NO. 2) 1993
EXPLANATORY NOTES
GENERAL OUTLINE
Objective of the Legislation
The objective of this Bill is to abolish the rationalisation program by
removing the provisions allowing licensees of general licences the right to
negotiate a compensation payment on surrender of their licence.
Reasons for the Bill
The Liquor Act 1992 requires that the Act be reviewed after 12 months
of operation. The rationalisation program commenced on 1st July, 1989
following the previous Government's commitment to apportion up to one
per cent of the increased licence fees to the rationalisation program.
The program was designed to rationalise the industry by allowing
non-viable hotels a payment for compensation upon the surrender of their
licence.
The Liquor Act 1992 continued this program for a period of three years.
The program was reviewed as part of a general review of the operation of
the Act. Only 1.6 per cent (18) of the total number of general licences have
taken advantage of the program and surrendered their licences.
Estimated Cost for Government Implementation
There will be no cost for the Government.
Consultation
The Queensland Hotels' Association and Government Departments have
been consulted on this issue.
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Liquor Amendment Bill (No. 2) 1993
NOTES ON PROVISIONS
Clause 1 sets out the short title of the Bill.
Clause 2 states that the Liquor Act 1992 is amended by this Bill.
Clause 3 omits sub-section 2 of Section 139 of the Act which continued
the rationalisation program for a period of three years.
Clause 4 updates a reference in Section 151 to the Art Unions and Public
Amusements Act.
Clause 5 amends Section 222 by deleting a reference to the payment of
compensation from the Liquor Act Trust Fund.
Clause 6 amends Section 223 by deleting reference to the payment of
compensation for the surrender of general licences.
Clause 7 amends Section 236 of the Act which sets out the objects of
Part 11 by omitting reference to the rationalisation program and the
payment of compensation.
Clause 8 omits Section 245, a transitional provision, which is now
obsolete.
Clause 9 omits Division 3 of Part 11 of the Act which contains the
substantive provisions relating to the payment of compensation for
surrender of a general licence.
This clause also inserts a new Section 250, which provides that a request
for compensation received but not finalised before the enactment of this
Bill, may be dealt with as if the Bill had not been enacted. This will prevent
any applicants whose request is only partially dealt with from being
excluded from compensation payments.
© The State of Queensland 1993