• Specific Year
    Any

LIQUOR ACT 1992 - As at 1 February 2024 - Act 21 of 1992

- As at 1 February 2024 - Act 21 of 1992

Table of Provisions

PART 1 - PRELIMINARY

Division 1 - Introduction

  • 1 Short title
  • 2 Commencement
  • 2A Act binds the Crown
  • 3 Main purposes of Act
  • 3A Principle underlying this Act for facilitating and regulating the liquor industry
  • 3B Declaration for Commonwealth Act

Division 2 - Interpretation

  • 4 Definitions
  • 4AA. (Repealed)
  • 4A Meaning of function
  • 4B Meaning of liquor
  • 4C Meaning of associate

Division 3 - Key concepts

4D. (Repealed)
  • 5 Who is a responsible adult for a minor
  • 6 Acceptable evidence of age
  • 7 Presumed quantity of liquor
  • 8 Venue of sale of liquor
  • 9 Ordinary trading hours
  • 9A When a person may be taken to be unduly intoxicated
  • 10 When supply of liquor is in association with eating a meal
  • 10A When meal is taken not to have been prepared and served to be eaten on premises
  • 11 Public place

Division 4 - Exemptions and related matters

Subdivision 1 - Exemptions
  • 11A Meaning of non-profit entity
  • 11B. (Repealed)
  • 12 Exemption for taking, removing or carrying liquor in particular circumstances
  • 13 Exemption for the sale of liquor at fundraising event
  • 14 Exemption for the sale of liquor as part of fundraising raffle
  • 14A Exemption for hospitals and nursing homes
  • 14AB Exemption for particular liquors
  • 14B Other exemptions for the sale of liquor
  • Subdivision 2 - Notices of non-compliance
  • 14C Notice of non-compliance for fundraising event

PART 2 - JURISDICTION OF TRIBUNAL

Division 1 - Jurisdiction of the tribunal

15. (Repealed) 15A. (Repealed) 16. (Repealed) 17. (Repealed) 18. (Repealed) 19. (Repealed) 20. (Repealed) 20A. (Repealed) 20B. (Repealed) 20C. (Repealed) 20D. (Repealed) 20E. (Repealed) 20F. (Repealed)
  • 21 Jurisdiction and powers of tribunal
  • 22. (Repealed) 23. (Repealed) 24. (Repealed) 25. (Repealed) 26A. (Repealed) 26. (Repealed) 27. (Repealed) 28. (Repealed) 29. (Repealed)

Division 1A - (Repealed)

Division 2 - Review of decisions by tribunal

  • 29A Definitions
  • 30 Who may apply for review of decisions
  • 31 Failure to notify about decision
  • 32 Notification of review to interested persons
  • 33 Tribunal to decide review on evidence before the commissioner
  • 34 Tribunal may give leave for review to be decided on new evidence in particular circumstances
  • 35 Appeals from tribunal only to Court of Appeal on a question of law
  • 35A. (Repealed)

Division 3 - (Repealed)

PART 3 - ADMINISTRATION

  • 42 Power of delegation
  • 42A Commissioner may make guidelines
  • 43 Register of licences, permits and applications to be kept
  • 44 Register open to inspection
  • 44A Owner, lessee, mortgagee and secured creditors to give particulars to commissioner
  • 45 Court officials to furnish particulars
  • 46 Compliance orders for licensed premises etc.
  • 46A Compliance orders for unreasonable noise
  • 47 Assistance to public authorities
  • 47A Publication of information on internet etc.
  • 47B Exchange of information
  • 47C Police commissioner to notify of charges
  • 48 Preservation of confidentiality
  • 49 Protection from liability

PART 3A - RISK-ASSESSED MANAGEMENT PLANS

  • 50 Application of pt 3A
  • 51 Approval of plan or revised plan
  • 52 Changing plan on application by licensee
  • 52A Commissioner may direct licensee to change plan
  • 53 Recording change of plan
  • 54 Conditions about approved plan
  • 55. (Repealed) 56. (Repealed) 57. (Repealed)

PART 4 - LICENCES

Division 1 - Licences under this Act

  • 58 Available licences
  • 58A Licences subject to conditions imposed under regulation

Division 2 - Commercial hotel licence

  • 59 Principal activity of a business conducted under a commercial hotel licence
  • 60 Authority of commercial hotel licence
  • 61 Restrictions on grant of commercial hotel licence
  • 61A. (Repealed)
  • 62 Consumption of liquor on premises by residents and guests

Division 3 - Commercial special facility licence

  • 63 Principal activity of a business under a commercial special facility licence
  • 64 Authority of commercial special facility licence
  • 65 Restriction on grant of commercial special facility licence
  • 65A Consumption of liquor on premises by residents and guests

Division 4 - Commercial other licence

Subdivision 1 - General
  • 66 Types of commercial other licence
  • Subdivision 2 - Subsidiary on-premises licence
  • 67 Principal activity of a business under a subsidiary on-premises licence
  • 67AA (Repealed)
  • 67A Principal activity is the provision of meals
  • 67AA Sale of particular takeaway liquor
  • 67B Principal activity is the provision of accommodation
  • 67C Authority of subsidiary on-premises licence
  • 67D Restriction on grant of subsidiary on-premises licence
  • 67E Restriction on sale of liquor for consumption off premises
  • Subdivision 3 - Subsidiary off-premises licence
  • 68 Principal activity of a business under a subsidiary off-premises licence
  • 69 Authority of subsidiary off-premises licence
  • 69A Restriction on grant of subsidiary off-premises licence
  • Subdivision 4 - Bar licence
  • 70 Principal activity of a business under a bar licence
  • 70A Authority of bar licence
  • Subdivision 5 - Industrial canteen licence
  • 71 Definition for sdiv 5
  • 71A Principal activity of a business under an industrial canteen licence
  • 71B Authority of industrial canteen licence
  • 71C Restriction on grant of industrial canteen licence
  • Subdivision 6 - Producer/wholesaler licence
  • 72 Principal activity of a business under a producer/wholesaler licence
  • 72A. (Repealed) 72B. (Repealed)
  • 73 Authority of producer/wholesaler licence
  • 73A. (Repealed) 73B. (Repealed)
  • 74 Restriction on grant of producer/wholesaler licence
  • 74A Sale of craft beer
  • 74B Sale of artisan spirits
  • 75 Restriction on sale of liquor under producer/wholesaler licence
  • 75A Venue of promotional event not licensed premises for producer/wholesaler licence
  • Subdivision 7 - Artisan producer licence
  • 75B Types of artisan producer licence
  • 75C Principal activity of a business under an artisan producer licence (beer)
  • 75D Authority of artisan producer licence (beer)
  • 75E Principal activity of a business under an artisan producer licence (spirits)
  • 75F Authority of artisan producer licence (spirits)
  • 75G Restriction on grant of artisan producer licence
  • 75H Sale of craft beer at promotional event
  • 75I Sale of artisan spirits at promotional event
  • 75J Venue of promotional event not licensed premises for artisan producer licence
  • Subdivision 8 - (Repealed)

Division 5 - Community club licence

  • 76 Principal activity of business under community club licence
  • 77 Authority of community club licence
  • 78 Restrictions on grant of community club licence
  • 79 Requirements of club and secretary

Division 6 - Community other licence

  • 80 Principal activity of business under community other licence
  • 81 Authority of community other licence
  • 81A. (Repealed)
  • 82 Restriction on grant of community other licence and other related matters
  • 83 Requirements of club and secretary

Division 6A - Nightclub licence

  • 83A Principal activity of a business under a nightclub licence
  • 83B Authority of nightclub licence
  • 83C Restrictions on grant of nightclub licence
  • 83D Restriction on sale of liquor for consumption off premises

Division 7 - Extended trading hours approval

  • 84 Authority of extended trading hours approval
  • 84A. (Repealed)
  • 85 Application for approval
  • 86 Hours to which application may relate etc.
  • 87 Restriction on grant of extended trading hours approval
  • 88 Review of operation of extended trading hours approval

Division 8 - (Repealed)

Division 9 - Banning use of regular glass in certain licensed premises

  • 96 Definitions for div 9
  • 97 When all or part of licensed premises must be classified as high risk
  • 98 Notice to licensee of licensed premises considered high risk
  • 99 Representations about notice
  • 99A Ending process without further action
  • 99B Notice classifying relevant premises as high risk
  • 99C Obligations of licensee who receives notice that licensed premises are high risk
  • 99D When licensee may apply to end the banning of regular glass in the licensed premises
  • 99E Judicial review only to apply to commissioner’s decision
  • 99F Commissioner may publish details of classification of premises on website
  • 99G Police commissioner must provide information

PART 4A - PERMITS

Division 1 - Permits under this Act

  • 100 Available permits

Division 2 - Commercial public event permits

  • 101 Definitions for div 2
  • 101AA Meaning of public event
  • 101A Commercial public event permit issued jointly to 2 or more licensees
  • 102 Licensee to obtain a commercial public event permit for selling or supplying liquor at public events
  • 102A. (Repealed) 102B. (Repealed) 102C. (Repealed) 102D. (Repealed) 102E. (Repealed) 102F. (Repealed) 102G. (Repealed)
  • 103 Restriction on grant of commercial public event permit
  • 103A Area defined in commercial public event permit forms part of licensed premises
  • 103B Authority of commercial public event permit

Division 3 - Community liquor permit

  • 103C Authority of community liquor permit
  • 103D Restriction on grant of community liquor permit
  • 103E Identification of premises
  • 103F Restriction on consumption or possession of liquor

Division 4 - Extended hours permit

  • 103G Authority of extended hours permit
  • 103H Grant of permit for Good Friday, Christmas Day or Anzac Day
  • 103I Hours to which applications may relate
  • 103IA Restrictions on grant of permit for trading between 12a.m. and 5a.m.
  • 103IB Restrictions on grant of permit for trading between 7a.m. and 9a.m.
  • 103IC Restrictions on grant of permit for trading between 9a.m. and 10a.m.
  • 103J Maximum number of permits that may be granted
  • 103JAA Maximum number of late night permits that may be granted in first calendar year of licence

Division 5 - Restricted liquor permit

  • 103JA Authority of restricted liquor permit
  • 103K Restriction on grant of restricted liquor permit and other related matters
  • 103L Duration of permit
  • 103M Requirements of club and secretary

Division 6 - Adult entertainment permit

  • 103N Adult entertainment code
  • 103O Only licensees and permittees eligible for grant of adult entertainment permit
  • 103P Authority of adult entertainment permit
  • 103Q Approved area to conform with requirements
  • 103R Duration of adult entertainment permit
  • 103S Adult entertainment permit dependent on currency of licence or community liquor permit or restricted liquor permit
  • 103T Restriction on grant of adult entertainment permit

Division 7 - Restricted area permits

  • 103U Authority of restricted area permit
  • 103V Restriction on grant of restricted area permit

Division 8 - Craft beer producer permits

  • 103W Authority of craft beer producer permit
  • 103X Restriction on grant of craft beer producer permit
  • 103Y Duration of craft beer producer permit
  • 103Z Premises to which craft beer producer permit relates
  • 103ZA Conditions on craft beer producer permits

Division 9 - Artisan spirits producer permits

  • 103ZB Authority of artisan spirits producer permit
  • 103ZC Restriction on grant of artisan spirits producer permit
  • 103ZD Duration of artisan spirits producer permit
  • 103ZE Premises to which artisan spirits producer permit relates
  • 103ZF Conditions on artisan spirits producer permits
  • 104. (Repealed)

PART 5 - GRANT, VARIATION AND TRANSFER OF LICENCES AND PERMITS AND RELATED MATTERS

Division 1 - Applications

  • 105 Requirements for applications
  • 105A Additional requirement for particular applications—risk-assessed management plan
  • 105B Application for adult entertainment permit requires local government consent
  • 106 Who may apply for licence or permit
  • 107 Restrictions on grant of licence or permit
  • 107A Additional restriction on grant of licence
  • 107B Additional restriction on grant of permit
  • 107C Commissioner may impose conditions on licences and permits
  • 107CA Additional condition on adult entertainment permit
  • 107D Restriction on grant of adult entertainment permit
  • 107E Suitability of applicant for adult entertainment permit
  • 107F Application to be referred to police commissioner
  • 108 More than 1 licence or adult entertainment permit may be held
  • 109. (Repealed) 109A. (Repealed) 109B. (Repealed) 109C. (Repealed)
  • 110 Application for grant of extended hours permit
  • 111 Variation of licence
  • 112 Procedure for variation by commissioner
  • 112A Compensation not payable for variation
  • 112B Variation of condition about noise—licensed premises in special entertainment precinct
  • 113 Application for transfer of licence
  • 113A Transfer of licence or permit held for or on behalf of unincorporated association
  • 114. (Repealed)
  • 115 Commissioner’s responsibility on application for transfer or franchising of a licence
  • 116 When community impact statement to be given to commissioner
  • 117 Advice about application etc.
  • 117A Comments about particular applications
  • 118 Advertisement of applications
  • 118AA Commissioner may give notice requiring advertisement of particular applications
  • 118A Submissions
  • 119 Objection by member of public to grant of applications
  • 119A Objection by Minister to grant of applications having significant community impact
  • 120 Requirements of objection by petition
  • 121 Matters the commissioner must have regard to
  • 121A Commissioner must publish information after granting particular applications for extended trading hours approval
  • 121B Commissioner must publish information about particular applications advertised under s 118
  • 122 Procedure on receipt of objections
  • 123 Commissioner may grant provisional licence
  • 123A Commissioner may grant authority to trade for staged development
  • 123B Provisional licence or staged development approval
  • 123C Effect of provisional licence
  • 124 Effect of staged development approval
  • 125 Temporary authority
  • 126 Variation or transfer to be endorsed on licence
  • 127 Duplicate licence or permit
  • 128 Liability of licensees in certain cases

Division 1A - Public safety and amenity

  • 128A Application of div 1A
  • 128B Particular matters the commissioner may consider
  • 128C Conditions relating to public safety or amenity

Division 2 - Persons managing affairs of licensees

  • 129 Applications to continue trading in certain circumstances
  • 130 Where approval under s 129 not obtained
  • 131. (Repealed)
  • 131A Decision by commissioner on application to continue trading in certain circumstances
  • 131B Section 129 applicants may apply under s 113
  • 132 Discharge of licensee or permittee from obligations

Division 3 - Surrender and cancellation of licence or permit

Subdivision 1 - Surrender of licences and permits
  • 133 Request to surrender
  • Subdivision 2 - Cancellation, suspension and variation of permits
  • 134 Cancellation, suspension or variation of permits
  • 134A Ground for taking relevant action relating to adult entertainment permits
  • 134B Show cause notice
  • 134C Decision about relevant action relating to adult entertainment permit
  • 134D. (Repealed)
  • 135 Summary cancellation, suspension or variation
  • 135A Compensation not payable for variation
  • Subdivision 3 - Disciplinary action relating to licences
  • 136 Grounds for disciplinary action
  • 137 Procedure for taking disciplinary action in relation to licence
  • 137A Decision about disciplinary action
  • 137B Notice to be given about decision of commissioner
  • 137C Urgent suspension
  • 137CA. (Repealed)
  • 137CB Immediate suspension of car park approval
  • 137D Amount payable as a debt due to the State
  • 137E Disciplinary action against former licensee
  • Subdivision 4 - Effect of suspension of licence or permit and other matter
  • 138 Effect of suspension
  • 139 Compensation not payable

Division 3A - Withdrawal of approval of relevant agreements entered into by licensees

  • 139A Application of div 3A
  • 139B. (Repealed)
  • 139C Show cause notice for withdrawal of approval
  • 139D Decision about withdrawing approval of relevant agreement
  • 139E. (Repealed)
  • 139F Requirement to terminate relevant agreement on withdrawal of approval

Division 4 - Closure of premises

  • 140 Closure of unsafe or unhealthy premises
  • 141 Order to close premises for unlawful trading
  • 141A Closure of premises in face of riot or tumult

Division 4A - Training course certificate requirements

  • 141B Application of div 4A
  • 141C Conditions about training course certificates for particular persons
  • 141D Application of s 136

Division 5 - (Repealed)

Division 6 - Certain provisions about conditions of licences for Brisbane City Council area

Subdivision 1 - Preliminary
  • 142AD Definitions for div 6
  • 142AE Application of div 6
  • 142AF Purpose of div 6
  • Subdivision 2 - Conditions of licences
  • 142AG Conditions about crowd controllers
  • 142AH Conditions about closed-circuit television equipment
  • 142AI Conditions about incident register
  • 142AJ Conditions about drinking practices
  • 142AK Compliance with conditions
  • Subdivision 3 - Application of section 136 to conditions under subdivision 2
  • 142AL Application of s 136

Division 7 - (Repealed)

PART 5A - TRAINERS FOR LICENSEE’S COURSE

Division 1 - Appointment of public service officers as trainers

  • 142A Appointment of public service officer as trainer

Division 2 - Obtaining approval as trainer

  • 142B Applying for approval as trainer
  • 142C Deciding application
  • 142D Grant of application
  • 142E Refusal of application

Division 3 - Renewal

  • 142F Applying for renewal
  • 142G Deciding application
  • 142H Renewal of approval
  • 142I Refusal to renew approval
  • 142J Approval continues pending decision about renewal

Division 4 - Lapsing of applications

  • 142K Lapsing of application

Division 5 - Cancellation of approvals

  • 142L Grounds for cancellation
  • 142M Procedure for cancellation

Division 6 - (Expired)

PART 5B - REVIEW OF DECISIONS

  • 142N Application for review
  • 142O No stay of operation of decision
  • 142P Review decision

PART 5C - APPROVAL AS APPROVED MANAGER

Division 1 - Obtaining approval

  • 142Q Applying for approval
  • 142R Deciding application
  • 142S Grant of application
  • 142T Refusal to grant application

Division 2 - Renewal

  • 142U Applying for renewal
  • 142V Deciding application
  • 142W Renewal of approval
  • 142X Refusal to renew approval
  • 142Y Approval continues pending decision about renewal

Division 3 - Lapsing of applications

  • 142Z Lapsing of application

Division 4 - Suspension and cancellation of approvals

  • 142ZA Grounds for suspension or cancellation
  • 142ZAA. (Repealed)
  • 142ZB Show cause notice
  • 142ZC Representations about show cause notices
  • 142ZD Ending show cause process without further action
  • 142ZE Suspension or cancellation

Division 5 - Approved managers

  • 142ZF Responsibility of approved manager etc.

PART 5D - APPROVAL AS ADULT ENTERTAINMENT CONTROLLER

Division 1 - Person to have approval to be controller

  • 142ZG Prohibition on working as controller without approval

Division 2 - Obtaining approval

  • 142ZH Applying for approval
  • 142ZI Current controller’s approval pending decision about approval
  • 142ZJ Application to be referred to police commissioner
  • 142ZK Deciding application
  • 142ZL Grant of application and duration of approval
  • 142ZM Refusal to grant application

Division 3 - Requesting information from police commissioner

  • 142ZN Commissioner may request information from police commissioner during approval
  • 142ZO Police commissioner’s information report

Division 4 - Lapsing of applications

  • 142ZP Lapsing of application

Division 5 - Suspension and cancellation of approvals

  • 142ZQ Grounds for suspension or cancellation
  • 142ZQA. (Repealed)
  • 142ZR Immediate suspension of approval
  • 142ZS Show cause notice
  • 142ZT Representations about show cause notice or immediate suspension notice
  • 142ZU Ending show cause or immediate suspension process
  • 142ZV Suspension or cancellation
  • 142ZW Controller to inform employer of suspension or cancellation of approval

PART 6 - OBLIGATORY PROVISIONS AND OFFENCES

Division 1AA - Responsible service, supply and promotion of liquor and preservation of amenity

  • 142ZX Purposes of div 1AA
  • 142ZY Meaning of relevant premises
  • 142ZZ Unacceptable practices and promotions
  • 142ZZA Responsible practices and promotions
  • 142ZZB Providing a safe environment and preserving amenity
  • 142ZZC Advertising
  • 142ZZD Compliance notices

Division 1AB - Sale, supply and consumption of liquor in car parks

  • 142ZZE Sale, supply or consumption of liquor in car park
  • 142ZZF Application for car park approval
  • 142ZZG Commissioner’s consideration of application
  • 142ZZH Restriction on grant of car park approval
  • 142ZZI Conditions on car park approval
  • 142ZZJ Authority of car park approval

Division 1 - Provisions binding licensees, permittees, approved managers, employees and agents

  • 143 Particulars to be displayed on premises
  • 143A Particulars to be displayed for approved area for adult entertainment
  • 143B Particulars to be displayed for exemption from restriction on the sale or supply of rapid intoxication drinks
  • 144 Change of name requires approval
  • 145 Keeping licence or permit at licensed premises
  • 145A Production of licence or permit on request
  • 146 Supply contrary to licence or permit
  • 147 Consumption or removal contrary to licence or permit
  • 148 Gratuitous supply of liquor
  • 148AA Licences subject to conditions about closed-circuit television equipment
  • 148A. (Repealed)
  • 148AB Restriction on sale of craft beer and artisan spirits
  • 148B. (Repealed)
  • 149 Employment on licensed premises
  • 149A Providing adult entertainment without adult entertainment permit
  • 149B Supervising adult entertainment
  • 150 Notification of change in controlling interest in licensee
  • 150A Notification of change—artisan producer licence (beer)
  • 150B Notification of change—artisan producer licence (spirits)
  • 151 Unlawful betting or gaming
  • 151A Betting on licensed premises
  • 152 Prohibition on other use of premises
  • 152A Change in principal activity of business conducted under a licence
  • 153 Letting or subletting of licensed premises
  • 153A. (Repealed)
  • 154 Alteration etc. and maintenance of licensed premises
  • 154A Relocation of detached bottle shops
  • 154B Transfer of certain premises
  • 154C Inclusion or amendment of other premises as part of authority of community club licence
  • 155 Minors on premises
  • 155AA Minors must not be in approved area when adult entertainment being provided
  • 155AB Supervision of volunteers—community club licence, community other licence or restricted liquor permit

Division 1A - Provisions binding particular licensees and permittees

  • 155AC Application of div 1A
  • 155AD Who must be present or reasonably available at licensed premises etc.
  • 155AE Copies of certificates must be available at premises
  • 155AF Exemption from obligation under s 155AD(3)

Division 1B - Banning sale or supply of rapid intoxication drinks during restricted period

  • 155AG Meaning of rapid intoxication drink
  • 155AH Application of division
  • 155AI Prohibition on sale or supply of rapid intoxication drinks during restricted period
  • 155AJ Applying for exemption
  • 155AK Granting exemption
  • 155AL Exemption notice
  • 155AM Effect of exemption for extended hours permits
  • 155AN Commissioner must impose licence conditions for exemption
  • 155AO Commissioner may suspend exemption
  • 155AP Varying or revoking suspension

Division 2 - Provisions binding all persons

  • 155A Prohibition on sale to a minor
  • 156 Liquor prohibited to certain persons
  • 156A Irresponsible supply of liquor to a minor at a private place etc.
  • 156B Prohibition on sale of undesirable liquor product
  • 156C Interim prohibition on sale of undesirable liquor product
  • 157 Prohibitions affecting minors
  • 158 False representation of age
  • 159 Wrongful dealing with genuine evidence of age
  • 160 Seizure of document wrongly used as evidence of age
  • 161 Consumption or removal of liquor outside trading hours
  • 162 Taking liquor onto or away from premises subject to subsidiary on-premises licence
  • 162A Taking liquor onto or away from premises subject to nightclub licence
  • 162B Taking liquor into or from area defined in commercial public event permit
  • 162C Taking liquor into or from venue of event or occasion for community liquor permit
  • 163 False representation of intention to dine
  • 164 Conduct causing public nuisance
  • 165 Removal of persons from premises
  • 165A Refusing entry to premises
  • 165B Preservation of other rights to prevent entry to premises or remove persons from premises
  • 166 Obstruction generally
  • 167 Ascertainment of age
  • 168 Interference with licence or permit
  • 168A Advertising adult entertainment
  • 168B Prohibition on possession of liquor in restricted area
  • 168C Attempt to take liquor into restricted area

Division 3 - Provisions concerning sale of liquor by unlicensed persons or on unlicensed premises

  • 169 Authority required for sale
  • 170 Sale of liquor on premises to which licence or permit relates
  • 171 Carrying or exposing liquor for sale
  • 172 Offer to purchase liquor made elsewhere than at licensed premises
  • 173 Occupier and owner of unlicensed premises liable for sale of liquor etc.

Division 4 - Provisions concerning consumption of liquor in certain public places

  • 173A Definitions
  • 173B Consumption of liquor in certain public places prohibited
  • 173C Local government, other than particular local governments, may designate public places where liquor may be consumed
  • 173D Local government must advertise designation and place signs
  • 173E Local government must advertise repeal or amendment of designation and remove or alter signs

Division 5 - Prohibited items for identified organisations

  • 173EA Definitions for div 5
  • 173EAA Identified organisations
  • 173EB Exclusion of prohibited persons
  • 173EC. (Repealed)
  • 173ED Removal of prohibited person

PART 6AA - ID SCANNING

Division 1 - Preliminary

  • 173EE Definitions for pt 6AA

Division 2 - Use of ID scanners in particular licensed premises

  • 173EF Licensed premises to which this division applies
  • 173EG Licence conditions about regulated premises
  • 173EH ID scanning obligations of staff members for regulated premises
  • 173EHAAA ID scanning entry requirements for entry to regulated premises
  • 173EHAA Re-entry pass system for regulated premises
  • 173EHA Delayed application of s 173EH to particular regulated premises
  • 173EI Privacy

Division 3 - Operation of approved ID scanning systems

  • 173EJ Obligations about operation
  • 173EJA Obligation to notify of system failure
  • 173EJB Other obligation if system failure
  • 173EK Change of executive officers
  • 173EL Operation of scanning system without approval
  • 173EM Privacy
  • 173EMA Information sharing

Division 4 - Approvals

  • 173EN Approval of ID scanners and modifications
  • 173EO Approval of ID scanning systems and modifications
  • 173EOA Direction about ID scanning system
  • 173EP Suspension or revocation of approvals relating to ID scanners or ID scanning systems
  • 173EPA Immediate suspension of approvals relating to ID scanners or ID scanning systems
  • 173EQ Approval of persons to operate ID scanning systems
  • 173ER Suspension or revocation of approval to operate ID scanning system
  • 173ES Immediate suspension of approval to operate ID scanning system
  • 173ET Commissioner takes over operation of approved ID scanning system in particular circumstances

PART 6A - RESTRICTED AREAS

Division 1 - Preliminary

  • 173F Purpose of pt 6A

Division 2 - Declaration of, and prohibition of possession of liquor in, restricted areas

  • 173G Declaration of restricted area
  • 173H Declaration of prohibition of possession of liquor in restricted area
  • 173I Consultation with community justice groups for declarations
  • 173J Notice about prohibition of possession of liquor in restricted area

Division 3 - Designation of public places where liquor may be consumed

  • 173K Definition for div 3
  • 173L Regulation may designate public place in restricted area where certain type of liquor may be consumed
  • 173M Notice of designation
  • 173N Suspension of designation

PART 6AB - SAFE NIGHT PRECINCTS

Division 1 - Preliminary

  • 173NA Purposes of pt 6AB
  • 173NB Meaning of relevant licensee

Division 2 - Safe night precincts and local boards

  • 173NC Safe night precincts and local boards
  • 173NCAA Review of safe night precincts
  • 173NCA Changing or revoking area of safe night precincts
  • 173ND Commissioner must give notice of local board

Division 3 - Provisions that apply when a safe night precinct has a local board

  • 173NE Application of div 3
  • 173NF Relevant licensee must be member of local board
  • 173NG Commissioner may require exempt licensee to become member of local board
  • 173NH Public safety consultative committees

Division 4 - Rules of local boards

  • 173NI Inconsistent rules of local boards of no effect
  • 173NJ Objectives of local boards
  • 173NK Rules must limit membership of local board
  • 173NL Relevant licensee must be admitted as member of local board
  • 173NM No limit to other rules about membership
  • 173NN Local board must advise commissioner about licensee members
  • 173NO Termination of licensee member’s membership
  • 173NP Local board must invite consultative committee to meetings
  • 173NQ Prescribed rules

Division 5 - (Repealed)

PART 6B - (Repealed)

PART 6C - (Repealed)

PART 7 - INVESTIGATORS AND THEIR POWERS

Division 1A - Preliminary

  • 173R Definition for part

Division 1 - Exercise of powers

  • 174 Investigators
  • 174AA Production or display of identity card
  • 174A Powers of community police officers
  • 175 Power to stop and search vehicles etc.
  • 176 Entry and search—monitoring compliance
  • 177 Entry and search—evidence of offences
  • 178 General powers of investigator in relation to places
  • 179 Monitoring warrants
  • 180 Offence-related warrants
  • 181 Warrants may be granted by telephone, facsimile, radio etc.
  • 182 Requirement to give name, address and age
  • 183 Power to require answers to questions
  • 183AA Power to require production of documents
  • 183A Other powers of seizure
  • 183B Powers supporting seizure
  • 184 Other powers of investigators
  • 185 Obstruction of investigators
  • 186 Seizure of material associated with representation of age
  • 187 Abatement of nuisance or dangerous activity

Division 2 - Provisions relating to seizure

  • 187A Application
  • 187B Receipts for seized property
  • 187C Return of seized property
  • 187D Access to seized property
  • 187E Forfeiture of unreturned property
  • 187EA Forfeiture of seized property to prevent commission of particular offences—investigator
  • 187EB Forfeiture of seized property to prevent commission of particular offences—commissioner
  • 187EC Application for return of seized property
  • 187F Forfeiture on conviction
  • 187G Dealing with forfeited property
  • 188. (Repealed) 189. (Repealed) 190. (Repealed) 191. (Repealed)
  • 192 (Expired)
  • 193. (Repealed) 194. (Repealed) 195. (Repealed) 196. (Repealed)

PART 8 - (Expired)

PART 9 - FINANCIAL PROVISIONS

  • 199 Definition for pt 9
  • 200 Licence period
  • 201 Duration of licence
  • 202 Fees payable for licences and permits
  • 202A Concessional base licence fee for particular licences in very remote Australia
  • 203 Filing of returns
  • 204. (Repealed) 205. (Repealed) 206. (Repealed) 207. (Repealed)
  • 208 Payment of fees
  • 209 Payment of fees by instalments
  • 210. (Repealed) 211. (Repealed) 212. (Repealed) 213. (Repealed) 214. (Repealed)
  • 215 Refund of fee
  • 215A. (Repealed)
  • 216 Unpaid fees a debt to State
  • 217 Records to be kept by licensee
  • 218 Powers of examination by investigator
  • 219. (Repealed)
  • 220 Payments into consolidated fund
  • 221 (Expired)
  • 222. (Repealed) 223. (Repealed)

PART 10 - MISCELLANEOUS PROVISIONS

  • 224 Liquor accord
  • 224A Authorisation for purposes of Competition and Consumer Act 2010 (Cwlth)
  • 225 Additional time for consumption or removal of liquor
  • 226 Contravention of conditions of licences etc.
  • 227 Payment of penalties to consolidated fund
  • 228 Suspension of licence for offences concerning minors and other persons
  • 228A Disqualification from holding licence or permit on conviction of certain offences
  • 228B. (Repealed)
  • 228C Inconsistency with authority to sell craft beer or artisan spirits and authority under commercial special facility licence
  • 229 Liability for certain offences against Act
  • 230 Defence to charge if age material
  • 231 False or misleading statements
  • 231A False, misleading or incomplete documents
  • 231B Impersonation of investigator
  • 232 Summary proceedings for offences
  • 232A. (Repealed)
  • 232B Police commissioner to give information to commissioner
  • 233 Evidentiary provisions
  • 233A Use of code in proceedings
  • 234 Service of documents
  • 234A Approval of forms
  • 235 Regulation-making power

PART 10A - (Expired)

PART 11 - TRANSITIONAL PROVISIONS

Division 1 - General

  • 236 Object of part
  • 237 Interpretation

Division 2 - Transitional provisions

  • 238 Completion of proceedings in the Court
  • 238A Disposal of applications for removal
  • 239 Termination of Court
  • 240. (Repealed)
  • 241 Disposal of applications made to Commission
  • 242 Table of corresponding licences
  • 243 Continuance of existing licences
  • 243A Variation of general licence (previously spirit merchant’s (retail) licence)
  • 244 Continuance of existing permits
  • 245. (Repealed)
  • 246 Continuance of business of spirit merchant
  • 247 Review of licences
  • 248 Enforcement of orders etc. under repealed Act
  • 249 Recovery of outstanding amounts
  • 249A Apportionment of licence fees under s 18B of repealed Act
  • 250 Compensation for certain surrendered general licences
  • 251 References to Liquor Act 1912

PART 12 - FURTHER TRANSITIONAL AND VALIDATION PROVISIONS

Division 1 - Transitional provisions about restricted club licences for the Liquor Amendment Act (No. 2) 1994

  • 252 Object of division
  • 253 Continuance of existing licences

Division 2 - Transitional provisions for Liquor (Evictions, Unlicensed Sales and Other Matters) Amendment Act 1999

  • 254 Meaning of amending Act
  • 255 Transitional provision for amendment of s 169
  • 256 Transitional provision for amendment of s 171
  • 257 Transitional provision for amendment of s 173
  • 258 Transitional provision for amendment of s 228A

Division 3 - Transitional provisions for Liquor Amendment Act 2001

  • 259 Transitional provision for tribunal
  • 260 Transitional provision for certain general licences
  • 261 Transitional provision for applications under pt 5
  • 262 Transitional provision for temporary authority
  • 263 Continuation of notices under s 187
  • 264 Effect of s 85(1C) in relation to club licences
  • 265 Review of licences

Division 4 - Transitional provision for Indigenous Communities Liquor Licences Act 2002

  • 266 Licence applications for community areas

Division 5 - Transitional provision for Liquor Amendment Act 2003

  • 267 Dealing with particular application or nomination

Division 6 - Transitional provisions for Liquor and Other Acts Amendment Act 2005

  • 268 Definitions for div 6
  • 269 Dealing with nomination of nominee
  • 270 Particular person ceases to be nominee
  • 271 Application for variation of particular licence
  • 272 Application for renewal of extended hours permit
  • 273 Provisional licences continue in force
  • 274 Provision about current training course certificates
  • 275 When particular conditions under pt 5, div 6 apply

Division 7 - Transitional provisions for Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and Other Acts Amendment Act 2008

Subdivision 1 - General licence held by a local government, corporatised corporation or relevant public sector entity, other than the Torres Strait Island Regional Council
  • 276 Definitions for sdiv 1
  • 277 Application of sdiv 1
  • 278 Lapsing of relevant licence
  • 279 Continuation of relevant licence
  • 280 Application for the transfer of a relevant licence
  • 281 No further application for the transfer of a relevant licence
  • Subdivision 2 - General licence held by the Torres Strait Island Regional Council
  • 282 Definitions for sdiv 2
  • 283 Application of sdiv 2
  • 284 Lapsing of relevant licence
  • 285 Continuation of relevant licence
  • 286 Application for the transfer of a relevant licence
  • 287 No further application for the transfer of a relevant licence

Division 8 - Transitional provisions for Liquor and Other Acts Amendment Act 2008

  • 288 Definitions for div 8
  • 289 Existing licences
  • 290 Existing permits
  • 291 Extended hours permit that includes trading between 5a.m. and 7a.m. or between 7a.m. and 10a.m.
  • 292 Existing application for column 1 licence etc.
  • 293 Nominee for a licence or permit
  • 294 Training course certificate requirement
  • 295 Risk-assessed management plan conditions

Division 9 - Transitional provision for Resorts and Other Acts Amendment Act 2009

  • 296 Approved hours for commercial special facility licence

Division 10 - Transitional provisions for Gambling and Other Legislation Amendment Act 2009

  • 297 Definitions for div 10
  • 298 Existing permit for trading on a regular basis between 12 midnight and 5a.m.

Division 11 - Transitional provisions for Liquor and Other Legislation Amendment Act 2010

  • 299 Definitions for div 11
  • 300 Application for licence made before commencement
  • 301 Application for extended trading hours approval made before commencement
  • 302 Application for variation of licence made before commencement
  • 303 Variation of licence started but not dealt with at commencement
  • 304 Disciplinary action started but not dealt with at commencement
  • 305 Extended trading hours already authorised
  • 306 Application of civil banning orders
  • 307. (Repealed)

Division 12 - Transitional provisions for Fiscal Repair Amendment Act 2012

  • 308 Definitions for div 12
  • 309 Guidelines of chief executive or commission continue as guidelines of commissioner
  • 310 Applications made to chief executive or commission taken to be made to commissioner
  • 311 Orders etc. of chief executive or commission taken to be orders etc. of commissioner
  • 312 Appeal to tribunal about decisions of chief executive or commission
  • 313 Existing appeals about decisions of chief executive or commission
  • 314 Documents held by chief executive or commission become documents of commissioner
  • 315 Approved forms continue as approved forms of commissioner

Division 13 - Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013

  • 316 Continuation of existing training course certificate

Division 14 - Transitional provision for Liquor (Red Tape Reduction) and Other Legislation Amendment Act 2013

  • 317 Former controllers under former s 109B continue as adult entertainment controllers

Division 15 - Transitional provisions for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013

  • 318 Existing applications

Division 16 - Transitional provisions for Safe Night Out Legislation Amendment Act 2014

  • 319 Definitions for div 16
  • 320 Lapse of particular applications for extended trading hours approvals
  • 321 Continuing application of repealed s 94
  • 321A Transitional provision for applications for subsidiary on-premises licence (entertainment)
  • 322 Transitional provision for subsidiary on-premises licence (entertainment)
  • 323 Transitional provision for subsidiary on-premises licence (meals)
  • 324 Civil banning orders
  • 325 Cancellation, suspension or variation of permits
  • 326 Grounds for disciplinary action
  • 327 Authority for post-midnight trading for particular licences
  • 328 Declaration and validation relating to particular licences
  • 329 Eligible entity for sale of liquor at a fundraising event

Division 17 - Transitional provisions for Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016

Subdivision 1 - Extended trading hours applications and existing extended trading hours approvals
  • 330 Definitions for subdivision
  • 331 Application of subdivision
  • 332 No compensation for operation of subdivision
  • 333 Restriction on making extended trading hours applications (takeaway liquor)
  • 334 Certain proceedings in court or tribunal relating to extended trading hours applications (takeaway liquor) taken to end
  • 335 Effect of certain court or tribunal decisions relating to extended trading hours applications (takeaway liquor)
  • 336 Applications for extended trading hours between 2a.m. and 5a.m
  • 337 Existing extended trading hours approvals for trading between 2a.m. and 5a.m.
  • 338 Effect of certain court or tribunal decisions relating to extended trading hours approvals
  • 338A Minister must review
  • Subdivision 2 - Other provisions
  • 339 Acceptable evidence of age
  • 340 Conditions relating to sale etc. of liquor in car park
  • 341 Approvals under previous section 153A

Division 18 - Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016

  • 342 Applications not finally decided
  • 343 Show cause process not finally decided
  • 344 Proceedings not finally decided
  • 345 First regulation under s 173EAA(1) exempt from particular requirements

Division 19 - Transitional and declaratory provisions for Liquor and Other Legislation Amendment Act 2017

  • 346 Definitions for division
  • 347 Declaration about period between 1 February 2017 and commencement
  • 348 Cancellation of current 2017 late night permits
  • 349 Counting 2017 late night permits for s 103J
  • 350 Current applications and legal proceedings relating to extended hours permits
  • 351 Retrospective change to operation of ss 336–338
  • 352 No compensation

Division 20 - Transitional provision for Economic Development and Other Legislation Amendment Act 2019

  • 353 Particular existing applications

Division 21 - Validation provision for Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020

  • 354 Liquor supplies authorised by retrospective takeaway liquor authority

Division 22 - Transitional provisions for Liquor (Artisan Liquor) Amendment Act 2021

  • 355 Transition to artisan producer licence
  • 356 No fee payable for application for s 74A(2)(c) condition

Division 23 - Transitional provision for Justice and Other Legislation Amendment Act 2021

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