Queensland Consolidated Acts Queensland Consolidated ActsIn this Act--
accepted representations see section 142ZC(2).
accounting records includes--
(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.
adult entertainment has the meaning given by section 103N(2).
adult entertainment permit means a permit granted under this Act authorising a person to provide adult entertainment.
affected by bankruptcy action, in relation to an individual, means the individual, in any jurisdiction--
(a) is bankrupt; or
(b) has compounded with creditors; or
(c) has otherwise taken, or applied to take, advantage of any law about bankruptcy.
Anzac Day event, for an RSL or Services Club, means an event or occasion organised by the club to commemorate Anzac Day.
approval, for parts 5A and 5B, means an approval, under part 5A, as a trainer for the licensee's course or approved training course.
approved area has the meaning given by section 103P(1).
approved extended trading hours, for licensed premises, means the trading hours mentioned in an extended trading hours approval for the premises that is endorsed, under section 85(1), on the licence.
approved form means a form approved by the chief executive.
approved risk-assessed management plan see section 50.
approved training course means a course approved by the chief executive about the responsible service of liquor.
assessment period means the period by reference to which a fee payable in respect of a licence for a licence period is to be assessed.
assistant commissioner, for a locality, means the assistant commissioner in charge of the police service for the locality.
associate has the meaning given by section 4C.
bar licence means a commercial other licence for conducting a business with the principal activity mentioned in section 70.
boat means a boat, ship or other vessel of any size or kind, and includes a hovercraft.
brothel licence has the meaning given by the Prostitution Act 1999, schedule 4.
chairperson means the chairperson of the tribunal.
change day--
(a) for part 12, division 7, subdivision 1--see section 276; and
(b) for part 12, division 7, subdivision 2--see section 282.
club means an association of persons who meet periodically--
(a) with an interest in promoting some object; or
(b) for social purposes.
code means the adult entertainment code made and approved under section 103N.
column 1 licence, for part 12, division 8, see section 288.
column 1 permit, for part 12, division 8, see section 288.
column 2 licence, for part 12, division 8, see section 288.
column 2 permit, for part 12, division 8, see section 288.
commencement means--
(a) for part 12, division 6, see section 268; or
(b) for part 12, division 8, see section 288.
commissioner means the commissioner of the police service.
community area means a community area under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984.
community impact statement means a statement by that name required to be given to the chief executive under section 116.
community investment fund, for part 9, see section 199.
community justice group means a community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, part 4.
community police officer means a person who is--
(a) appointed as a community police officer under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, or as an Aboriginal police officer under the Local Government (Aboriginal Lands) Act 1978, 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.
controller means a person authorised by the chief executive under section 109B to supervise the provision of adult entertainment.
corporatised corporation see the Local Government Act 1993, section 592.
council means--
(a) a community government under the Local Government (Community Government Areas) Act 2004; or
(b) an indigenous regional council under the Local Government Act 1993; or
(c) the Council of the Shire of Aurukun; or
(d) the Council of the Shire of Mornington.
crowd controller, for part 5, division 6, see section 142AD.
current licensee's course certificate means a licensee's course certificate that is in force.
current training course certificate means a training course certificate that is in force.
designated public place, for part 6A, division 3, see section 173K.
detached bottle shop means premises approved by the chief executive as mentioned in section 60(1)(d), even if the premises are subsequently relocated under section 154A or transferred under section 154B.
development approval see the Integrated Planning Act 1997, schedule 10.
director means the director of the Commercial and Consumer Tribunal Registry established under the tribunal Act.
disciplinary action, relating to a licence, means--
(a) cancelling the licence; or
(b) suspending the licence--
(i) for a stated period; or
(ii) until further ordered by the chief executive 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 chief executive up to a maximum period of 5 years; or
(g) requiring the licensee to pay to the department an amount of not more than $10000; or
Editor's note--
The department may require the licensee to pay the department an amount of not more than $10000 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.
disqualified person means a person disqualified under section 228A from holding a licence or permit.
entertainment, for an on-premises (cabaret) licence, see section 4AA.
executive officer, of a corporation, in sections 4C and 107E, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.
exempt minor see section 155.
exit, of premises, for part 5, division 6, see section 142AD.
extended trading hours approval see section 84.
family of an individual, has the meaning given by the Prostitution Act 1999, schedule 4.
fee includes a tax.
function see section 4A.
have in possession includes have under control in any place, whether for the use or benefit of the person in relation to whom the term is used or another person, even though another person has the actual possession or custody.
incident register, for part 5, division 6, see section 142AD.
indigenous regional council means an indigenous regional council under the Local Government Act 1993.
industrial canteen licence means a commercial other licence for conducting a business with the principal activity mentioned in section 71A.
information notice, for a decision of the chief executive under part 5A, means a written notice stating the following--
(a) the decision and the reasons for it;
(b) that the person to whom the notice is given may apply to the chief executive for a review of the decision;
(c) how the person may apply for a review.
interested person, in section 43 and part 5, division 3, subdivision 3, means a person who--
(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 chief executive particulars of the person's interest in the licence.
interest in a brothel has the meaning given by the Prostitution Act 1999, section 7.
investigator means--
(a) a person authorised under section 174(1); or
(b) in this Act apart from part 7--any of the following--
(i) a commissioned police officer;
(ii) a police officer acting as a commissioned police officer;
(iii) a police officer designated by a police officer mentioned in subparagraph (i) or (ii) to act as an investigator under this Act; or
(c) in part 7--
(i) any police officer; or
(ii) for the administration and enforcement of sections 168B, 169 and 171--a community police officer.
licence includes a licence granted or provisionally granted, and a staged development approval issued, under this Act.
licence period means the period for which a fee is payable in respect of a licence or permit.
licensed brothel has the meaning given by the Prostitution Act 1999, schedule 4.
licensed premises means premises to which a licence relates, and includes premises approved under section 125 for sale of liquor.
licensee means the holder of a licence, and includes a person prescribed to be subject to this Act as if the person were a licensee.
licensee's course see section 142A(1).
licensee's course certificate means a certificate in the approved form--
(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.
liquor see section 4B.
main premises, for part 4A, division 2, see section 101.
meal means food that--
(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.
member of a reciprocal club, in relation to a club with a community club licence, community other licence or restricted liquor permit, means a member of another club whose members have privileges at the club with the licence or permit because of arrangements between the clubs.
mortgagee includes a lienee.
non-proprietary club means an association of persons under whose constitution--
(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.
ordinarily set aside for dining, for a part of licensed premises, means the part of the licensed premises that is set aside as the regular or usual place for dining on the licensed premises, but does not include a part of the licensed premises set aside merely for a particular day.
original decision, for a review under part 5B, see section 142N(1).
patron, in relation to licensed premises or premises to which a permit relates, includes a person entering or seeking to enter the premises to use the areas, facilities or services on offer at the premises.
permit means a permit granted under this Act.
permittee means the holder of a permit, and includes a person prescribed to be subject to this Act as if the person were a permittee.
place includes vacant land or premises.
post-amended Act means--
(a) for part 12, division 6, see section 268; or
(b) for part 12, division 8, see section 288.
pre-amended Act means--
(a) for part 12, division 6, see section 268; or
(b) for part 12, division 8, see section 288.
premises includes--
(a) land; and
(b) a building or structure on or in land; and
(c) a vehicle, boat, aircraft, train or other means of transport.
prescribed provision means the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 34.
prescribed quantity see section 173H(2).
private event see section 101.
producer/wholesaler licence means a commercial other licence for conducting a business with the principal activity mentioned in section 72.
proposed action see section 142ZB(2)(a).
prostitution has the meaning given by the Criminal Code, section 229E.
provisional licence means a licence issued under section 123(2).
public event see section 101.
register means the register kept under section 43.
relevant action, relating to an adult entertainment permit, means--
(a) cancel the permit; or
(b) suspend the permit for a stated period; or
(c) impose conditions on, or vary conditions of, the permit.
relevant licence--
(a) for part 12, division 7, subdivision 1--see section 276; and
(b) for part 12, division 7, subdivision 2--see section 282.
relevant period, for a development approval, means the first of the following periods to end--
(a) the period for the approval under the Integrated Planning Act 1997, section 3.5.21;
(b) 4 years after the day the approval takes effect.
relevant public sector entity means--
(a) an entity controlled by 1, or more than 1, local government; or
(b) an entity controlled by an entity mentioned in paragraph (a).
remote industrial locality, for part 3A, division 4, subdivision 5, see section 71
resident, in relation to licensed premises or premises to which a permit relates, means a resident of the premises.
restricted area means an area declared under section 173G(1) to be a restricted area.
risk-assessed management plan see section 50.
secretary, of a club, means the principal executive officer of the club, by whatever name called, whether or not the person is a member of the club.
sell includes--
(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.
show cause notice see section 142ZB(1).
show cause period see section 142ZB(2)(e).
staged development approval see section 123A(2).
subsidiary off-premises licence means a commercial other licence for conducting a business with the principal activity mentioned in section 68.
subsidiary on-premises licence means a commercial other licence for conducting a business with the principal activity mentioned in section 67.
trading period--
(a) for part 5, division 5, see section 142AA(1); and
(b) for part 5, division 6, see section 142AD.
training course certificate means a certificate in the approved form--
(a) given to a person, for satisfactorily completing the approved training 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.
training register, for part 5, division 6, see section 142AD.
tribunal means the Commercial and Consumer Tribunal under the tribunal Act.
tribunal Act means the Commercial and Consumer Tribunal Act 2003.
unduly intoxicated means a state of being in which a person's mental and physical faculties are impaired because of consumption of liquor so as to diminish the person's ability to think and act in a way in which an ordinary prudent person in full possession of his or her faculties, and using reasonable care, would act under like circumstances.
unlicensed person means a person who is not the holder of--
(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.
unlicensed premises means premises to which a licence or permit does not relate.
wine has the meaning given by the Wine Industry Act 1994.