LIQUOR ACT 1992 - SECT 4 Definitions

LIQUOR ACT 1992 - SECT 4

4 Definitions

In this Act—


"3a.m. safe night precinct" ...


"abatement notice" means a notice made under section 187 .


"Aboriginal police officer" ...


"accepted representations" —

(a) for part 5C —see section 142ZC (2) ; or

(b) for part 5D , division 5 —see section 142ZT (2) .

(a) books of account; and

(b) such working papers and other documents as are necessary to explain the methods and calculations by which an account is made up.

(a) the atmosphere, ambience, character and pleasantness of the community or locality; and

(b) the health and safety of persons who live in, work in or visit the community or locality and the comfort or enjoyment they derive from the community or locality.

(a) for parts 5A and 5B —an approval under part 5A as a trainer for the licensee’s course; or

(b) for an approved manager—an approval to be an approved manager under part 5C ; or

(c) for a controller—an approval under part 5D for the holder of the approval to work as a controller.

(a) at which spirits are produced under—

(i) a producer/wholesaler licence or an artisan producer licence (spirits); or

(ii) an equivalent licence issued under the law of another State; and

(b) at which no more than 450,000 litres of spirits are produced in any financial year.

(a) spirits produced in an artisan distillery; or

(b) liqueur produced using spirits produced in an artisan distillery.

(a) for part 12 , division 7 , subdivision 1 —see section 276 ; and

(b) for part 12 , division 7 , subdivision 2 —see section 282 .

(a) with an interest in promoting some object; or

(b) for social purposes.

(a) appointed as a community police officer under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 for a community area; and

(b) authorised under that Act to exercise the powers of an investigator under part 7 of this Act for the administration and enforcement of a prescribed provision and sections 168B , 169 and 171 in the area.

(a) an indigenous local government under the Local Government Act 2009 ; or

(c) the Council of the Shire of Aurukun; or

(d) the Council of the Shire of Mornington.

(a) at which beer is produced under—

(i) a producer/wholesaler licence or an artisan producer licence (beer); or

(ii) an equivalent licence issued under the law of another State; and

(b) at which no more than 5 million litres of beer are produced in any financial year.

(a) a member of the Permanent Naval Forces, the Australian Regular Army, the Regular Army Supplement or the Permanent Air Force;

(b) a member of the Emergency Forces or the Reserve Forces who is rendering continuous full-time service.

(a) a development approval under the Planning Act ; or

(b) a PDA development approval under the Economic Development Act 2012 .

(a) cancelling the licence; or

(b) suspending the licence—

(i) for a stated period; or

(ii) until further ordered by the commissioner up to a maximum period of 1 year; or

(c) closing the licensed premises, or part of the licensed premises, for a stated period; or

(d) varying the licence by—

(i) stating in the licence a condition to which it is to be subject; or

(ii) otherwise limiting the authority conferred by the licence; or

(da) cancelling an extended trading hours approval endorsed on the licence; or

(e) reducing the times at which the licensee may conduct business under authority of the licence; or

(f) disqualifying the licensee from holding a licence or permit—

(i) for a stated period; or

(ii) until further ordered by the commissioner up to a maximum period of 5 years; or

(g) requiring the licensee to pay to the department an amount of not more than $10,000; or

Note—

The department may require the licensee to pay the department an amount of not more than $10,000 for each ground for which disciplinary action is taken—see part 5 , division 3 , subdivision 3 (Disciplinary action relating to licences).

(h) requiring the licensee to undertake the licensee’s course within a stated period; or

(i) reprimanding the licensee.

(a) is held primarily for the purpose of raising funds for the benefit of the community; and

(b) is either of the following—

(i) a one-off small regional show;

(ii) another one-off event or occasion starting and ending on the same day.

(a) the decision and the reasons for it;

(b) that the person to whom the notice is given may apply to the commissioner for a review of the decision;

(c) how the person may apply for a review.

(a) is an owner, lessee or mortgagee of licensed premises or a secured creditor of a licensee whose interest is likely to be affected by cancellation of the licence for the premises; and

(b) has, under section 44A (2) , given the commissioner particulars of the person’s interest in the licence.

(a) a person authorised under section 174 (1) ; or

(b) a police officer; or

(c) for the administration and enforcement of sections 168B , 169 and 171 —a community police officer.

(a) given to a person, for satisfactorily completing the licensee’s course, by someone who holds an approval under part 5A as a trainer for the course; and

(b) stating the certificate remains in force for 3 years after it is given to the person.

(a) is eaten by a person sitting at a table, or fixed structure used as a table, with cutlery provided for the purpose of eating the food; and

(b) is of sufficient substance as to be ordinarily accepted as a meal.

(a) the income, profits and assets of the association are to be applied only in promotion of its objects; and

(b) the payment of dividends to, or the distribution of income, profits or assets of the association among, its members is prohibited.

(a) for part 12 , division 6 , see section 268 ; or

(b) for part 12 , division 8 , see section 288 .

(a) for part 12 , division 6 , see section 268 ; or

(b) for part 12 , division 8 , see section 288 .

(a) land; and

(b) a building or structure on or in land; and

(c) a vehicle, boat, aircraft, train or other means of transport.

(a) an offence against the Criminal Code , section 76 ; or

(b) an offence mentioned in the Criminal Code , part 2 , chapter 9A ; or

(c) an offence against the Peace and Good Behaviour Act 1982 , section 32 , 54 or 75 ; or

(d) an offence that is—

(i) a prescribed offence within the meaning of the Penalties and Sentences Act 1992 , section 161N ; and

(ii) committed with a serious organised crime circumstance of aggravation within the meaning of the Penalties and Sentences Act 1992 , section 161Q ; or

(e) an offence against the Penalties and Sentences Act 1992 , section 161ZI .

Examples of events held primarily for the purpose of promoting produce from a particular region—

craft market, farmers market, agricultural show, food and wine event

Examples of events held primarily for the purpose of promoting the hospitality industry—

trade fair, craft beer festival

(a) for part 5C —see section 142ZB (2) (a) ; or

(b) for part 5D , division 5 —see section 142ZS (3) (a) .

(a) the Racing Integrity Act 2016 , sections 221 and 223 ;

(b) the Racing Act 2002 , section 321 or 323 .

Editor’s note—

Sections 321 and 323 of the Racing Act 2002 were omitted by the Racing Integrity Act 2016 , section 371 .

(a) cancel the permit; or

(b) suspend the permit for a stated period; or

(c) impose conditions on, or vary conditions of, the permit.

(a) for part 12 , division 7 , subdivision 1 —see section 276 ; and

(b) for part 12 , division 7 , subdivision 2 —see section 282 .

(a) the period at the end of which the approval, or the part of the approval for the use, lapses under the Planning Act or the Economic Development Act 2012 ;

(b) 4 years after the day the approval takes effect.

(a) an entity controlled by 1, or more than 1, local government; or

(b) an entity controlled by an entity mentioned in paragraph (a) .

(a) a member of the Returned & Services League of Australia through any branch of that league in Australia; and

(b) a member of an RSL or Services Club.

(a) barter or exchange; and

(b) offer, agree or attempt to sell; and

(c) expose, send, forward or deliver for sale; and

(d) cause or permit to be sold or offered for sale; and

(e) supply or offer, agree or attempt to supply—

(i) in circumstances in which the supplier derives, or would be likely to derive, a direct or indirect pecuniary benefit; or

(ii) gratuitously, but to gain or keep custom or other commercial advantage.

(a) for part 5C —see section 142ZB (1) ; or

(b) for part 5D , division 5 —see section 142ZS (2) .

(a) for part 5C —see section 142ZB (2) (e) ; or

(b) for part 5D , division 5 —see section 142ZS (3) (e) .

(a) the health or safety of members of the public; and

(b) the amenity of the community.

Examples of criteria that may be prescribed under a regulation—

• the maximum number of persons expected to attend the show or exhibition having regard to attendance at the show or exhibition in previous years

• the maximum period during which liquor is to be sold at the show or exhibition

• the maximum duration of the show or exhibition

(a) to which section 67 applies, if the principal activity stated in the licence is the provision of prepared food to be eaten on the licensed premises; or

(b) to which section 67A applies.

(a) is ordinarily eaten by a person sitting at a table with cutlery provided; and

(b) is of sufficient substance as to be ordinarily accepted as a meal; and

(c) is sold on licensed premises to be consumed off the licensed premises.

(a) a certificate given to a person for satisfactorily completing an approved training course; or

(b) a licensee’s course certificate.

(a) a licence under this Act; or

(b) a licence under the Wine Industry Act 1994 ; or

(c) an approval, however described, under a law of the Commonwealth or a State that allows the approval holder to sell liquor.

(a) exceeds the limits (if any) prescribed by regulation; or

(b) contravenes a compliance order that applies to the premises; or

(c) contravenes a condition that applies to the licence or permit for the premises.