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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) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Principal Act 3
4. Definitions 3
5. New section 3AB inserted 3
3AB. What is intoxication? 3
6. Act not to apply in certain cases 4
7. New section 18B inserted 4
18B. Licence condition--security cameras 4
8. Certain premises not to be licensed 5
9. New Division 7A of Part 2 inserted 5
Division 7A--Late Hour Entry Declarations 5
58B. Director may make late hour entry declarations 5
58C. Making a late hour entry declaration 7
58D. Director may revoke or vary a late hour entry
declaration 7
10. New sections 87A and 87B inserted 8
87A. Application for review of late hour entry declaration 8
87B. Time limit for applying for review of late hour entry
declaration 9
11. Time limit for applying for review 11
12. New transitional provision inserted 11
13. Statute law revision 11
ENDNOTES 12
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551377B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Liquor Control Reform Act 1998 and for other
purposes.
Liquor Control Reform (Amendment)
Act 2005
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are to amend the Liquor
Control Reform Act 1998--
(a) to define "state of intoxication" for the
purposes of that Act;
5
(b) to enable the Director, with the approval of
the Minister, to grant a licence or BYO
permit for premises in a prescribed class of
premises;
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(c) to make provision with respect to standards
for security cameras used at licensed
premises;
(d) to enable the Director to impose late hour
entry declarations on licensed premises in
5
specified areas or localities subject to rights
to review by the Victorian Civil and
Administrative Tribunal;
(e) to provide that the Act does not apply to the
Assistant Director, Asset Confiscation
10
Operations when selling by auction any
liquor taken under a warrant or forfeited;
(f) to provide transitional arrangements relating
to decisions under section 103 of the Liquor
Control Act 1987 to disqualify persons from
15
holding licences or permits.
2. Commencement
(1) This Act, except sections 4(2) and 5, comes into
operation on the day after the day on which it
receives the Royal Assent.
20
(2) Subject to sub-section (3), sections 4(2) and 5
come into operation on a day to be proclaimed.
(3) If sections 4(2) and 5 do not come into operation
before 1 December 2006, they come into
operation on that day.
25
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Liquor Control Reform (Amendment) Act 2005
s. 3
Act No.
3. Principal Act
See:
In this Act, the Liquor Control Reform Act 1998 Act No.
is called the Principal Act. 94/1998.
Reprint No. 2
4. Definitions as at
18 June 2002
(1) In section 3(1) of the Principal Act, insert the
5 and
amending
following definition-- Act Nos
39/2002,
' "late hour entry declaration" means a 6/2003,
declaration made under section 58B;'. 96/2003,
114/2003,
92/2004,
(2) In section 3(1) of the Principal Act, insert the 108/2004 and
following definition--
10 18/2005.
LawToday:
' "state of intoxication" has the meaning given www.dms.
dpc.vic.
by section 3AB(1);'. gov.au
5. New section 3AB inserted
After section 3A of the Principal Act insert--
"3AB. What is intoxication?
15
(1) For the purposes of this Act, a person is in a
state of intoxication if his or her speech,
balance, co-ordination or behaviour is
noticeably affected and there are reasonable
grounds for believing that this is the result of
20
the consumption of liquor.
(2) The Director must issue guidelines
containing information about how to
determine whether a person is in a state of
intoxication for the purposes of this Act.".
25
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6. Act not to apply in certain cases
For section 6(j) of the Principal Act substitute--
"(j) to any of the following persons selling by
auction any liquor taken in execution or
under any warrant of distress or forfeited--
5
(i) the Assistant Director, Asset
Confiscation Operations in the
Enforcement Management Division of
the Department of Justice;
(ii) the sheriff or a person authorised by the
10
sheriff;
(iii) a bailiff;
(iv) a member of the police force; or".
7. New section 18B inserted
At the end of Division 1 of Part 2 of the Principal
15
Act insert--
"18B. Licence condition--security cameras
(1) If the Director imposes a condition on a
licence requiring the licensed premises to
which the licence relates to be fitted with
20
security cameras, it is a further condition of
the licence that the security cameras comply
with any standards prescribed for the
purposes of this section.
(2) The regulations may prescribe standards
25
relating to the quality and operation of
security cameras on licensed premises the
licence for which includes a condition
requiring the premises to be fitted with
security cameras.".
30
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8. Certain premises not to be licensed
After section 22(3) of the Principal Act insert--
"(4) The regulations referred to in sub-
section (1)(d) may permit the Director to
grant a licence or BYO permit in respect of
5
premises prescribed for the purposes of this
section if the Director has the approval of the
Minister to do so.".
9. New Division 7A of Part 2 inserted
After Division 7 of Part 2 of the Principal Act
10
insert--
"Division 7A--Late Hour Entry Declarations
58B. Director may make late hour entry
declarations
(1) Subject to this section and section 58C, the
15
Director, at his or her own initiative, may
make a late hour entry declaration for an area
or locality.
(2) A late hour entry declaration--
(a) must specify--
20
(i) the area or locality to which it
applies; and
(ii) the licences or class of licences to
which it applies; and
(iii) the hours during which it applies;
25
and
(b) may specify any conditions that the
Director thinks fit.
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(3) A late hour entry declaration--
(a) applies to--
(i) each licensed premises in respect
of which a specified licence or
licence of the specified class is in
5
force in the area or locality
specified in the declaration at the
time the declaration is made; and
(ii) if the declaration specifies a class
of licences, each premises in the
10
area or locality in respect of which
a licence of the specified class is
granted after the time the
declaration is made; and
(b) has effect despite any condition of the
15
licence for any licensed premises to
which it applies.
(4) Subject to any conditions specified in a late
hour entry declaration under sub-
section (2)(b), the licensee of licensed
20
premises to which the declaration applies
must not permit any patrons to enter the
premises during the hours during which the
declaration applies.
(5) For the avoidance of doubt, patrons already
25
present in licensed premises at the time from
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
30
while the premises are authorised to
trade.
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58C. Making a late hour entry declaration
(1) The Director must give written notice of a
proposed late hour entry declaration under
section 58B to each licensee of licensed
premises in the area or locality to which the
5
declaration is proposed to apply.
(2) Within 21 days after notice is given to a
licensee under sub-section (1), the licensee
may give the Director written notice of
objection to the proposed late hour entry
10
declaration.
(3) If a licensee gives notice of objection in
accordance with sub-section (2), the Director
must not make the late hour entry declaration
unless the Director--
15
(a) has given the licensee a reasonable
opportunity to make written and oral
submissions in relation to the objection;
and
(b) if any submissions are made, has
20
considered the submissions.
58D. Director may revoke or vary a late hour
entry declaration
(1) The Director may--
(a) vary a late hour entry declaration in
25
accordance with this section; or
(b) revoke a late hour entry declaration.
(2) The Director must give written notice of a
proposed variation of a late hour entry
declaration to each licensee of licensed
30
premises to which the declaration applies.
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(3) Within 21 days after notice is given to a
licensee under sub-section (2) of a proposal
to vary a late hour entry declaration, the
licensee may give the Director written notice
of objection to the proposed variation.
5
(4) If a licensee gives notice of objection in
accordance with sub-section (3), the Director
must not vary the late hour entry declaration
unless the Director--
(a) has given the licensee a reasonable
10
opportunity to make written and oral
submissions in relation to the objection;
and
(b) if any submissions are made, has
considered the submissions.".
15
10. New sections 87A and 87B inserted
After section 87 of the Principal Act insert--
"87A. Application for review of late hour entry
declaration
(1) A licensee of licensed premises to which a
20
late hour entry declaration applies may apply
to the Tribunal for review of the decision of
the Director to make or vary the declaration
as it applies to the licensed premises of the
licensee.
25
(2) In determining an application for review
under sub-section (1), the Tribunal may--
(a) in relation to an application for review
of the decision to make a late hour
entry declaration, make an order that, in
30
relation to the applicant's licensed
premises, the declaration--
(i) continues to apply; or
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(ii) continues to apply subject to any
variation (including any
conditions) that the Tribunal
thinks fit; or
(iii) does not continue to apply; or
5
(b) in relation to an application for review
of the decision to vary a late hour entry
declaration, make an order that the
declaration continues to apply to the
applicant's licensed premises--
10
(i) as varied; or
(ii) as in force before the variation; or
(iii) subject to any other variation
(including any conditions) that the
Tribunal thinks fit.
15
(3) Sections 51(2) and 51(3) of the Victorian
Civil and Administrative Tribunal Act
1998 do not apply to an application for
review under this section.
87B. Time limit for applying for review of late
20
hour entry declaration
(1) An application for review of a decision of
the Director to make or vary a late hour entry
declaration as it applies to particular licensed
premises must be made within 28 days of the
25
later of--
(a) if the licensed premises are licensed
premises to which the declaration
applies at the time the declaration is
made or varied--
30
(i) the day on which the declaration is
made or varied; or
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(ii) if, under the Victorian Civil and
Administrative Tribunal Act
1998, the person requests a
statement of reasons for the
decision, the day on which the
5
statement of reasons is given to
the person or the person is
informed under section 46(5) of
that Act that a statement of
reasons will not be given;
10
(b) if the premises in the area or locality
specified in the declaration become
licensed premises to which the
declaration applies after the time the
declaration is made or varied--
15
(i) the day on which the premises
become licensed premises; or
(ii) if, under the Victorian Civil and
Administrative Tribunal Act
1998, the person requests a
20
statement of reasons for the
decision, the day on which the
statement of reasons is given to
the person or the person is
informed under section 46(5) of
25
that Act that a statement of
reasons will not be given.
(2) Despite section 45(2) of the Victorian Civil
and Administrative Tribunal Act 1998, a
licensee of licensed premises to which sub-
30
section (1)(b) applies may request in writing
a statement of reasons under section 45(1) of
that Act within 28 days after the day on
which the premises of the licensee become
licensed premises to which the relevant late
35
hour entry declaration applies.".
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11. Time limit for applying for review
In section 89 of the Principal Act, after "for
review" insert ", other than an application for
review of a decision of the Director to make or
vary a late hour entry declaration,".
5
12. New transitional provision inserted
In Schedule 3 to the Principal Act, at the end of
clause 14 insert--
"(2) On or after the commencement of this sub-clause, a
10 decision made under section 103 of the repealed Act
that was in force immediately before the
commencement day takes effect according to its terms
as if it were an order made under section 92 of this
Act.".
13. Statute law revision
15
Section 37(b) of the Liquor Control Reform
(Underage Drinking and Enhanced
Enforcement) Act 2004 is repealed.
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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