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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Liquor Control Reform Amendment Bill 2008
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Principal Act 2
4 Definitions 2
5 New Division 7A substituted in Part 2 3
Division 7A--Late hour entry declarations 3
58B Application and effect of a late hour entry declaration 3
58C Temporary late hour entry declaration 4
58D Ongoing late hour entry declaration 6
58E Variation or revocation of late hour entry declaration 7
58F Applying for an exemption 7
58G Granting an exemption 8
58H Certain criteria not to be taken into account 10
58I Rules of natural justice excluded 10
58J Licensed premises include authorised premises 10
58K Licensee includes permittee 11
6 Section 87A substituted 11
87A Application for review of refusal to exempt premises
from late hour entry declaration 11
7 Section 87B repealed 11
8 Time limit for applying for review 12
9 New clause 22 inserted in Schedule 3 12
22 Transitional provisions--Liquor Control Reform
Amendment Act 2008 12
10 Repeal of Act 12
ENDNOTES 13
561294B.I-8/10/2008 i BILL LA INTRODUCTION 8/10/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Liquor Control Reform Amendment
Bill 2008
A Bill for an Act to amend the Liquor Control Reform Act 1998
with respect to late hour entry declarations and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Liquor
Control Reform Act 1998 with respect to late
hour entry declarations.
5 2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
561294B.I-8/10/2008 1 BILL LA INTRODUCTION 8/10/2008
Liquor Control Reform Amendment Bill 2008
s. 3
3 Principal Act
See: In this Act, the Liquor Control Reform Act 1998
Act No.
94/1998. is called the Principal Act.
Reprint No. 4
as at
22 May 2008
and
amending
Act Nos
72/2007,
4/2008, 9/2008,
12/2008 and
21/2008.
LawToday:
www.
legislation.
vic.gov.au
4 Definitions
5 In section 3(1) of the Principal Act--
(a) insert the following definitions--
"ongoing late hour entry declaration means
a declaration made under section 58D;
temporary late hour entry declaration
10 means a declaration made under
section 58C;";
(b) for the definition of late hour entry
declaration substitute--
"late hour entry declaration means a
15 temporary late hour entry declaration or
an ongoing late hour entry
declaration;".
561294B.I-8/10/2008 2 BILL LA INTRODUCTION 8/10/2008
Liquor Control Reform Amendment Bill 2008
s. 5
5 New Division 7A substituted in Part 2
For Division 7A of Part 2 of the Principal Act
substitute--
"Division 7A--Late hour entry declarations
5 58B Application and effect of a late hour entry
declaration
(1) A late hour entry declaration--
(a) applies to--
(i) each licensed premises in respect
10 of which a licence specified in the
declaration or a licence of the
class specified in the declaration is
in force in the area or locality
specified in the declaration at the
15 time the declaration takes effect;
and
(ii) if the declaration specifies a class
of licences, each licensed
premises in the area or locality in
20 respect of which a licence of the
specified class is granted or
relocated after the time the
declaration takes effect; and
(b) has effect despite any condition of the
25 licence for any licensed premises to
which it applies.
(2) A late hour entry declaration does not apply
to any licensed premises for which an
exemption is in force under section 58G.
30 (3) Subject to any conditions specified in a late
hour entry declaration, the licensee of
licensed premises to which the declaration
applies must not permit any patrons to enter
561294B.I-8/10/2008 3 BILL LA INTRODUCTION 8/10/2008
Liquor Control Reform Amendment Bill 2008
s. 5
the premises during the hours during which
the declaration applies.
(4) For the avoidance of doubt, patrons already
present in licensed premises at the time from
5 which a late hour entry declaration applies to
the premises may--
(a) leave the premises at any time; or
(b) remain in the premises at all times
while the premises are authorised to
10 trade.
58C Temporary late hour entry declaration
(1) The Director, by notice published in the
Government Gazette, may make a temporary
late hour entry declaration for an area or a
15 locality if the Director believes on
reasonable grounds that--
(a) alcohol-related violence or disorder has
occurred in the area or locality; and
(b) a temporary late hour entry declaration
20 is reasonably likely to be an effective
means of reducing or preventing the
occurrence of alcohol-related violence
or disorder in the area or locality.
(2) The Director may determine an area or
25 locality to which a temporary late hour entry
declaration applies in any manner he or she
thinks fit.
(3) A temporary late hour entry declaration--
(a) must specify--
30 (i) the area or locality to which it
applies; and
(ii) the licences or class of licences to
which it applies; and
561294B.I-8/10/2008 4 BILL LA INTRODUCTION 8/10/2008
Liquor Control Reform Amendment Bill 2008
s. 5
(iii) the hours during which it applies;
and
(b) must state--
(i) that a licensee may apply under
5 section 58F for an exemption from
the declaration; and
(ii) the period in which an application
for exemption may be made; and
(c) may specify any conditions that the
10 Director thinks fit.
(4) Before making a temporary late hour entry
declaration, the Director must consult the
Chief Commissioner.
(5) The Director must give written notice of a
15 temporary late hour entry declaration to each
licensee of licensed premises to which the
declaration applies.
(6) A temporary late hour entry declaration takes
effect on the day specified in the notice
20 under subsection (1) and expires when the
earliest of the following occurs--
(a) the declaration is revoked under
section 58E(3);
(b) an ongoing late hour entry declaration
25 is made for the area or locality;
(c) a period of 3 months elapses after the
day on which the declaration takes
effect.
(7) Nothing in this section prevents the Director
30 from making an ongoing late hour entry
declaration in relation to the area or locality
to which a temporary late hour entry
declaration applies while the temporary
declaration is in force.
561294B.I-8/10/2008 5 BILL LA INTRODUCTION 8/10/2008
Liquor Control Reform Amendment Bill 2008
s. 5
58D Ongoing late hour entry declaration
(1) The Director, by notice published in the
Government Gazette, may make an ongoing
late hour entry declaration for an area or a
5 locality.
(2) The Director may determine an area or
locality to which an ongoing late hour entry
declaration applies in any manner he or she
thinks fit.
10 (3) The Director may make an ongoing late hour
entry declaration for an area or locality
whether or not a temporary late hour entry
declaration has been made for that area or
locality.
15 (4) An ongoing late hour entry declaration--
(a) must specify--
(i) the area or locality to which it
applies; and
(ii) the licences or class of licences to
20 which it applies; and
(iii) the hours during which it applies;
and
(iv) the day on which it takes effect;
and
25 (b) must state--
(i) that a licensee may apply under
section 58F for an exemption from
the declaration; and
(ii) the period in which an application
30 for exemption may be made; and
(c) may specify any conditions that the
Director thinks fit.
561294B.I-8/10/2008 6 BILL LA INTRODUCTION 8/10/2008
Liquor Control Reform Amendment Bill 2008
s. 5
(5) An ongoing late hour entry declaration takes
effect 21 days after the day on which notice
of the declaration is published under
subsection (1) and remains in force until it is
5 revoked under section 58E(3).
(6) The Director must publish a copy of an
ongoing late hour entry declaration in a
newspaper circulating generally in Victoria,
but failure to do so does not affect the
10 validity or operation of the declaration.
58E Variation or revocation of late hour entry
declaration
(1) The Director, by notice published in the
Government Gazette, may vary a late hour
15 entry declaration at any time.
(2) A variation takes effect 21 days after the day
on which notice of it is published under
subsection (1).
(3) The Director, by notice published in the
20 Government Gazette, may revoke a late hour
entry declaration at any time.
58F Applying for an exemption
(1) If a late hour entry declaration is made or
varied, a licensee may apply to the Director
25 for an exemption from the declaration for the
licensee's licensed premises.
(2) An application for an exemption must be
made--
(a) in the case of a licensee who
30 commenced trading on the licensed
premises on or before the day on which
notice of the declaration or variation
was published--within 30 days after
the day on which notice of the
35 declaration or variation was published;
561294B.I-8/10/2008 7 BILL LA INTRODUCTION 8/10/2008
Liquor Control Reform Amendment Bill 2008
s. 5
(b) in any other case--within 30 days after
the day on which the licensee
commenced trading on the licensed
premises.
5 (3) An application for an exemption must be in
writing in a form approved by the Director.
58G Granting an exemption
(1) On application under section 58F, the
Director may exempt licensed premises from
10 a late hour entry declaration if the Director is
satisfied that the application of the
declaration to the premises is not reasonably
likely to be an effective means of reducing or
preventing the occurrence of alcohol-related
15 violence or disorder in the area or locality to
which the declaration applies, having regard
to--
(a) the effective enforcement of
compliance with the declaration in the
20 area or locality if the exemption were
granted; and
(b) the effectiveness of the declaration in
the area or locality if the exemption
were granted; and
25 (c) whether the imposition of licence
conditions, rather than the application
or continued application of the
declaration to the premises, would more
effectively address alcohol-related
30 violence or disorder in the area or
locality.
(2) The Director must consult with the Chief
Commissioner before exempting licensed
premises from a late hour entry declaration.
561294B.I-8/10/2008 8 BILL LA INTRODUCTION 8/10/2008
Liquor Control Reform Amendment Bill 2008
s. 5
(3) The Director may impose any conditions he
or she thinks fit on an exemption under this
section.
(4) If the Director is satisfied that a licensee has
5 contravened a condition of an exemption
under this section--
(a) the Director may revoke the exemption
by giving written notice to the licensee;
and
10 (b) if the Director does so, the late hour
entry declaration applies to the licensed
premises on and after the day on which
the notice of revocation is given to the
licensee.
15 (5) For the avoidance of doubt, the making of an
application for an exemption from a late hour
entry declaration does not affect--
(a) the making or variation of the
declaration; or
20 (b) the application of the declaration to the
licensed premises at any time before the
Director grants the exemption.
(6) The Director must decide an application for
exemption--
25 (a) within 30 days after the expiry of the
period in which the application may be
made, in the case of exemption from a
temporary late hour entry declaration;
or
30 (b) within 60 days after the expiry of the
period in which the application may be
made, in the case of exemption from an
ongoing late hour entry declaration.
561294B.I-8/10/2008 9 BILL LA INTRODUCTION 8/10/2008
Liquor Control Reform Amendment Bill 2008
s. 5
58H Certain criteria not to be taken into
account
In making or varying a late hour entry
declaration, the Director must not take into
5 account--
(a) whether the declaration or variation
would have any adverse financial
consequences for any licensee of
licensed premises in the area or locality
10 to which the declaration, or the
declaration as varied, will apply; or
(b) whether any particular licensed
premises in the area or locality has
contributed or is likely to contribute to
15 alcohol-related violence or disorder in
the area or locality.
58I Rules of natural justice excluded
Except to the extent set out in this Division,
the Director is not bound by any of the rules
20 of natural justice in--
(a) making, varying or revoking a late hour
entry declaration; or
(b) exempting or refusing to exempt
licensed premises from a late hour entry
25 declaration.
58J Licensed premises include authorised
premises
In the case of premises in respect of which
an on-premises licence is in force, a
30 reference in this Division to licensed
premises includes a reference to authorised
premises.
561294B.I-8/10/2008 10 BILL LA INTRODUCTION 8/10/2008
Liquor Control Reform Amendment Bill 2008
s. 6
58K Licensee includes permittee
In this Division, a reference to a licensee
includes a reference to a permittee.".
6 Section 87A substituted
5 For section 87A of the Principal Act substitute--
"87A Application for review of refusal to
exempt premises from late hour entry
declaration
(1) A licensee may apply to the Tribunal for
10 review of a decision of the Director under
section 58G to refuse an application by the
licensee for an exemption of licensed
premises from a late hour entry declaration.
(2) Despite section 51(3)(b) of the Victorian
15 Civil and Administrative Tribunal Act
1998, an order of the Tribunal setting aside a
decision of the Director to refuse an
application for an exemption does not affect
the application of the late hour entry
20 declaration to the licensed premises at any
time before the order of the Tribunal is
made.
(3) In this section--
licensed premises includes authorised
25 premises in the case of premises in
respect of which an on-premises licence
is in force;
licensee includes a permittee.".
7 Section 87B repealed
30 Section 87B of the Principal Act is repealed.
561294B.I-8/10/2008 11 BILL LA INTRODUCTION 8/10/2008
Liquor Control Reform Amendment Bill 2008
s. 8
8 Time limit for applying for review
In section 89 of the Principal Act omit ", other
than an application for review of a decision of the
Director to make or vary a late hour entry
5 declaration,".
9 New clause 22 inserted in Schedule 3
After clause 21 in Schedule 3 to the Principal Act
insert--
"22 Transitional provisions--Liquor Control
10 Reform Amendment Act 2008
Division 7A of Part 2 and sections 87A, 87B
and 89, as in force immediately before the
commencement of the Liquor Control
Reform Amendment Act 2008, continue to
15 apply on and after that commencement in
relation to any late hour entry declaration
that was in effect immediately before that
commencement.".
10 Repeal of Act
20 This Act is repealed on the first anniversary of its
commencement.
Note
The repeal this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
25 Interpretation of Legislation Act 1984).
561294B.I-8/10/2008 12 BILL LA INTRODUCTION 8/10/2008
Liquor Control Reform Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561294B.I-8/10/2008 13 BILL LA INTRODUCTION 8/10/2008
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