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Liquor and Other Acts Amendment Bill 2005
Liquor and Other Acts Amendment Bill
2005
Explanatory Notes for Amendments to be
moved during consideration in detail by the
Honourable Margaret Keech MP Minister for
Tourism, Fair Trading and Wine Industry
Development
Title of the Bill
The short title of the Bill is the Liquor and Other Acts Amendment Bill
2005 (the Bill).
Objectives of the Amendments
It is proposed to make amendments to the Bill during consideration in
detail to mitigate the impact of the proposed Brisbane City Safety Action
Plan (Action Plan) amendments to the Liquor Act 1992 on licensees in the
Brisbane City Council area with permission to trade after 1am. The Action
Plan amendments seek to enhance public safety through the imposition of
stricter licence conditions on all licensees in the Brisbane City Council area
with permission to trade after 1am.
It is also proposed to make amendments to the Bill concerning the Property
Agents and Motor Dealers Act 2000 during consideration in detail. These
amendments will provide that sellers or sellers' agents may include other
documents in the same fax or other electronic communication as the
warning statement, information sheet (if applicable), and proposed relevant
contract or completed contract without reducing buyers' rights and
interests.
Achievement of the Objectives
While it is the Government's intention to toughen the conditions under
which premises operate to minimise harm, it is not the intention to place
excessive financial burdens on legitimate businesses or curtail responsible
practices. The proposed changes to the Bill lessen the impact of the
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Liquor and Other Acts Amendment Bill 2005
conditions during low risk trading periods, and seek to strengthen the
conditions only during high risk trading periods.
They will also clarify the areas of a licensed premise to which the
conditions apply. This will be achieved by removing the requirements for
specified crowd controller ratios on days when the premises does not trade
after 1am and the requirement to have crowd controllers permanently
stationed at each entrance during the trading period. The proposed
amendments will clarify that the conditions will not apply to detached
bottleshop premise and specify that the prohibition on liquor as a prize in a
competition relates only to liquor for consumption on the premise.
The proposed amendments will also delay commencement of the Action
Plan amendments. The conditions relating to crowd controllers, closed-
circuit television, training and house policies will commence on 1 March
2006. This delay will allow industry sufficient time to implement the
necessary changes to their businesses. The conditions relating to
competitions and drinking practices will not commence until 1 April 2006.
This delay will allow sufficient time to prepare, in consultation with
industry, regulations that will prohibit specific activities that may
encourage the rapid of excessive consumption of liquor or promote
intoxication.
These changes will not compromise the objectives of the Bill to enhance
public safety on licensed premises.
The proposed amendments to the Property Agents and Motor Dealers Act
2000 allow for the inclusion of other documents in a fax or other electronic
communication transmitting contractual documents will further facilitate
the communication of sales documents between seller and buyer without
compromising the buyers' statutory rights and interests.
Alternative Ways of Achieving Policy Objectives
There are no alternative ways of achieving the policy objectives.
Estimated Cost for Government Implementation
Any financial impact will be met from the Department of Tourism, Fair
Trading and Wine Industry Development's (DTFTWID) existing budget
allocations.
Consistency with Fundamental Legislative Principles
There is consistency with fundamental legislative principles.
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Liquor and Other Acts Amendment Bill 2005
Consultation for the Liquor Act 1992
Government
The Department of the Premier and the Cabinet
Community
The Queensland Hotels Association, the Lion Nathan Group and Carlton
and United Breweries
Consultation for the Property Agents and Motor Dealers Act
2000
Government
The Department of the Premier and the Cabinet
Queensland Treasury
Body Corporate and Community Management Division of the Department
of Tourism, Fair Trading and Wine Industry Development
Community
Real Estate Institute of Queensland
Queensland Law Society Inc.
Urban Development Institute of Australia
Notes on Provisions
Clause 1
Clause 1 omits current clause 2 which outlines the commencement dates
for the Bill under subsection 1 and 2 and inserts new subsections 1 to 4.
The proposed amendments will delay commencement of the Action Plan
amendments. The conditions relating to crowd controllers, closed-circuit
television, training and house policies will commence on 1 March 2006.
This delay will allow industry sufficient time to implement the necessary
changes to their businesses. The conditions relating to competitions and
drinking practices will not commence until 1 April 2006. This delay will
allow sufficient time to prepare, in consultation with industry, regulations
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Liquor and Other Acts Amendment Bill 2005
that will prohibit specific activities that may encourage the rapid of
excessive consumption of liquor or promote intoxication.
The commencement date for the amendments to the Property Agents and
Motor Dealers Act 2000 (PAMD Act) and the Body Corporate and
Community Management Act 1997 (BCCM Act), contained in Part 4 and 5
of the Bill, remains as 1 December 2005.
Amendments in the Bill relating to following administrative changes to the
Liquor Act 1992 will commence on 1 January 2006 (previously 1
December 2005): 3, 4(2), 5 to 24, 32 to 35, and section 36 (excluding new
sections 274 and 275) this delay will enable sufficient time to notify
licensees of the amendments.
Clause 2
Clause 2 inserts into current clause 26, at section 142AE(2)(b) new
subsections (i) and (ii). These new subsections provide that the Division
does not apply to that part of licensed premises which is used principally
for the residential accommodation of guests or a detached bottle-shop.
This amendment will clarify any uncertainty regarding the application of
the Action Plan amendments.
Clause 3
Clause 3 inserts into current clause 26, at subsection 142AE(4) a new
subsection (c) which exempts licensed premises in the Brisbane City
Council area from the crowd controller ratios prescribed under section
142AG, on nights when the licensed premises are not open for business
after 1am.
Clause 4
Clause 4 deletes from current clause 26, subsection 142AG(b) which
requires that crowd controllers prescribed under 142AG(a) are located at
each entrance and exit point of the licensed premises. This deletion will
remove an inconsistency with subsection 142AG(a).
Clause 5
Clause 5 extends subsection 142AL(1)(a)(ii). Current subsection
142AL(1) provides that the licensee or permittee must not conduct on the
licensed premises a competition or game in which contestants or players
consume liquor on the premises. The addition to subsection
142AL(1)(a)(ii) ensures that free or discounted liquor given as a prize is
not for consumption on the premises. Therefore free or discounted liquor
may be given as a prize for consumption off the premises.
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Liquor and Other Acts Amendment Bill 2005
Clause 6
Clause 6 deletes 142AL(2) and 142AL(3) as it is considered that
142AL(1)(b) will adequately provide for the declaration of regulations to
incorporate the provisions of the deleted subsections. It will provide
further flexibility to enable the Liquor Licensing Division to respond to
changing industry practices.
Clauses 7 to 12
Clauses 7 to 12 will amend the current clause 57 which proposes to insert a
new section 365 into the PAMD Act which relates to completed contracts
for residential property and the binding of the parties to those contracts.
The new section maintains the requirement the warning statement, the
information sheet (in the case of a unit sale), and the relevant contract,
signed by both the buyer and seller, must be physically attached when
given or posted to the buyer by the seller or seller's agent, the warning
statement must be attached as the first or top sheet of the relevant contract.
Where the documents are provided by facsimile or by other means of
electronic communication, that is, when the documents cannot be
physically attached, the provisions detail new processes for giving a cover
page or message providing information about the documents; the warning
statement, information sheet (in the case of a unit sale); and relevant
contract.
Following industry stakeholder representation, it is now proposed to allow
other documents to be included in a transmission but in a manner that
ensures contract documents remain sufficiently prominent. In fax
transmissions, any other document must follow after the prescribed
contract documents. In the case of any other electronic communication,
other material can be included in that communication but the warning
statement, information sheet and completed contract must be joined as a
single file with no other material in that document. In the case of emails
this will usually require the use of separate file attachments.
Clauses 13 to 18
Clauses 13 to 18 amend clause 60 of the Bill which proposes to insert new
sections 366, 366A, 366B, 366C and 366D relating to sending the warning
statement, information sheet (in the case of a unit sale) and a proposed
relevant contract for the purchase of residential property.
The proposed new section 366B confirms that where the warning
statement, the information sheet (in the case of a unit sale), and the
proposed relevant contract to be signed by the buyer is given or posted to
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Liquor and Other Acts Amendment Bill 2005
the buyer by the seller or seller's agent, the warning statement must be
attached as the first or top sheet of the relevant contract. Where the
documents are provided by facsimile or by other means of electronic
communication, that is, when the documents cannot be physically attached,
the proposed new sections 366 and 366A detail new processes for giving a
cover page or message providing information about the documents; the
warning statement, information sheet (in the case of a unit sale); and
proposed relevant contract.
Following industry stakeholder representation it is now proposed to allow
other documents to be included in a transmission but in a manner that
ensures contract documents remain sufficiently prominent. In fax
transmissions, any other document must follow after the prescribed
contract documents. In the case of any other electronic communication,
other material can be included in that communication but the warning
statement, information sheet and completed contract must be joined as a
single file with no other material in that document. In the case of emails
this will usually require the use of separate file attachments. The one
exception is the disclosure statement in a unit sale (clause 18) which may
be included in the file if it does not appear before the information sheet.
The proposed amendment in committee makes complementary
amendments to the proposed new section 365.
© State of Queensland 2005