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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Liquor Control Reform (Packaged Liquor
Licences) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Definitions 3
5. New section 3A inserted 6
3A. What is amenity? 6
6. Conditions of packaged liquor licence 7
7. Phase out of limit on packaged liquor licences 8
8. Amendments to Division 3A of Part 2 9
9 New Division 3B inserted in Part 2 11
Division 3B--Interim Restrictions on Grant, Transfer or
Relocation of Packaged Liquor Licences 11
26L. Application of Division 11
26M. Definitions and interpretation 12
26N. Limitation on grant, transfer or relocation of certain
packaged liquor licences 14
26O. Required notifications in relation to designated
premises and designated areas 15
26P. What happens if there are no other packaged liquor
licensed premises in the designated area? 16
26Q. Procedure if there is one other packaged liquor
licensed premises in the designated area 17
26R. Procedure if there are more than one other packaged
liquor licensed premises in the designated area 19
26S. Minimum offer price 21
26T. Director may require evidence 23
10. New section 35 inserted 23
35. Advertisement of licence application 23
11. Objections 25
12. Miscellaneous amendments 26
13. Supreme Court--limitation of jurisdiction 26
14. New Schedule 2 inserted 26
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Clause Page
15. Transitional provision 27
20. Transitional provision--Liquor Control Reform
(Packaged Liquor Licences) Act 2002 27
16. Abolition of limit on packaged liquor licences 28
ENDNOTES 29
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PARLIAMENT OF VICTORIA
Initiated in Assembly 15 May 2002
As amended by Assembly 6 June 2002
A BILL
to amend the Liquor Control Reform Act 1998 with respect to
packaged liquor licences and for other purposes.
Liquor Control Reform (Packaged
Liquor Licences) Act 2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Liquor
Control Reform Act 1998--
(a) to provide for the misuse or abuse of alcohol
5 to be an additional ground for objection to an
application for the grant, variation or
relocation of a packaged liquor licence;
(b) to define the concept of amenity;
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(c) to improve the advertising of licence
applications;
(d) to provide for additional packaged liquor
licence conditions;
5 (e) to provide for an industry code of conduct on
the retailing of packaged liquor that
promotes the objects of the Act;
(f) to phase out the 8% limit on packaged liquor
licences;
10 (g) to impose restrictions during the phase-out
period on the grant, transfer and relocation of
certain packaged liquor licences;
(h) for other minor purposes.
2. Commencement
15 (1) This Act (except sections 4(2) and 16) comes into
operation on the day on which it receives the
Royal Assent.
(2) Section 4(2) is deemed to have come into
operation on 14 May 2002.
20 (3) Section 16 comes into operation on 1 January
2006.
3. Principal Act
See: In this Act, the Liquor Control Reform Act 1998
Act No.
is called the Principal Act.
94/1998.
Reprint No. 1
as at
18 October
2001
and
amending
Act No.
88/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
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4. Definitions
(1) Insert the following definitions in section 3(1) of
the Principal Act--
' "amenity" has the meaning given by section 3A;
5 "permitted percentage" means--
(a) at any time before the commencement
of section 4(1) of the Liquor Control
Reform (Packaged Liquor Licences)
Act 2002--8%;
10 (b) at any time on and after the
commencement of section 4(1) of the
Liquor Control Reform (Packaged
Liquor Licences) Act 2002 and before
1 July 2003--10%;
15 (c) at any time on and after 1 July 2003
and before 1 July 2004--11%;
(d) at any time on and after 1 July 2004--
12%;'.
(2) In section 3(1) of the Principal Act--
20 (a) insert the following definitions--
' "related body corporate" has the same
meaning as in the Corporations Act;
"voting power" has the meaning given by
section 26C;';
25 (b) for the definition of "related entity"
substitute--
' "related entity", in relation to a body
corporate ("the subject body
corporate"), means--
30 (a) a related entity as that term would
be defined in section 9 of the
Corporations Act if the words "or
member" were omitted from
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paragraphs (d), (e) and (f) of that
definition; or
(b) a person (other than a body
corporate) who has--
5 (i) any interest that gives the
person voting power of not
less than 1% in the subject
body corporate, or entitles
the person to a dividend or
10 distribution of profits in, or
distribution of property on
the winding up of, the
subject body corporate that is
not less than 1% of the total
15 dividend, distribution or
property; or
(ii) an option or right to acquire
an interest referred to in sub-
paragraph (i); or
20 (c) a person (other than a body
corporate) in circumstances where
any other person has an option or
right to require the person to
acquire an interest referred to in
25 paragraph (b)(i); or
(d) another body corporate that has, or
a related body corporate of which
has--
(i) any interest that gives the
30 other body corporate or
related body corporate voting
power of not less than 1% in
the subject body corporate,
or entitles the other body
35 corporate or related body
corporate to a dividend or
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distribution of profits in, or
distribution of property on
the winding up of, the
subject body corporate that is
5 not less than 1% of the total
dividend, distribution or
property; or
(ii) an option or right to acquire
an interest referred to in sub-
10 paragraph (i); or
(e) another body corporate in
circumstances where any other
person has an option or right to
require the body corporate, or a
15 related body corporate of the body
corporate, to acquire an interest
referred to in paragraph (d)(i); or
(f) another body corporate--
(i) in which the subject body
20 corporate, or a related body
corporate of the subject body
corporate, has any interest
that gives the subject body
corporate or related body
25 corporate voting power of
not less than 1% in the other
body corporate, or entitles
the subject body corporate or
related body corporate to a
30 dividend or distribution of
profits in, or distribution of
property on the winding up
of, the other body corporate
that is not less than 1% of the
35 total dividend, distribution or
property; or
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(ii) in relation to which the
subject body corporate, or a
related body corporate of the
subject body corporate, has
5 an option or right to acquire
an interest referred to in sub-
paragraph (i); or
(g) another body corporate in
circumstances where any other
10 person has an option or right to
require the subject body corporate,
or a related body corporate of the
subject body corporate, to acquire
an interest referred to in
15 paragraph (f)(i) in the other body
corporate; or
(h) another body corporate an
employee of which, or an
employee of a related body
20 corporate of which, is a director of
the subject body corporate or of a
related body corporate of the
subject body corporate; or
(i) another body corporate a director
25 of which, or a director of a related
body corporate of which, is an
employee of the subject body
corporate or of a related body
corporate of the subject body
30 corporate;'.
5. New section 3A inserted
After section 3 of the Principal Act insert--
"3A. What is amenity?
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(1) For the purposes of this Act, the amenity of
an area is the quality that the area has of
being pleasant and agreeable.
(2) Factors that may be taken into account in
5 determining whether the grant, variation or
relocation of a licence would detract from or
be detrimental to the amenity of an area
include--
(a) the presence or absence of parking
10 facilities;
(b) traffic movement and density;
(c) noise levels;
(d) the possibility of nuisance or
vandalism;
15 (e) the harmony and coherence of the
environment;
(f) any other prescribed matters.
(3) Nothing in sub-section (2) is intended to
limit the definition of amenity.".
20 6. Conditions of packaged liquor licence
(1) In section 11(3) of the Principal Act, after
paragraph (aa) insert--
"(aab) a condition that, following the period of
3 months after the grant or transfer of the
25 licence to the licensee, the area set aside as
the licensed premises is, at any time when it
is open for business, under the management
or control of a person who has completed a
responsible service of alcohol program
30 approved by the Director under
sub-section (4); and
(aac) a condition that every person who has the
management or control of the area set aside
as the licensed premises when it is open for
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business must have completed a responsible
service of alcohol program approved by the
Director under sub-section (4) in the
previous financial year; and
5 (aad) a condition that the licensee comply with the
code of conduct (if any) determined by the
Minister under sub-section (5) as in force
from time to time; and".
(2) In section 11 of the Principal Act, after sub-
10 section (3) insert--
"(4) The Director may, from time to time,
approve programs to be responsible service
of alcohol programs for the purposes of the
licence condition referred to in sub-section
15 (3)(aab) and the licence condition referred to
in sub-section (3)(aac).
(5) The Minister, by notice published in the
Government Gazette, may determine a code
of conduct, consistent with the objects of this
20 Act, for licensees of packaged liquor
licences.
(6) The Minister may, at any time by notice
published in the Government Gazette, vary
or revoke the code of conduct under sub-
25 section (5).
(7) The Minister must not determine a code of
conduct, or vary or revoke it, until the
Minister has consulted packaged liquor
licensees.".
30 7. Phase out of limit on packaged liquor licences
(1) In the Principal Act--
(a) in the heading to section 18A, omit "8%";
(b) in section 18A(3), for "8%" (where twice
occurring), substitute "the permitted
35 percentage".
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(2) In section 23 of the Principal Act--
(a) in sub-section (1), for "8%" (where twice
occurring) substitute "the permitted
percentage";
5 (b) at the foot of sub-section (1) insert--
"Note: The permitted percentage is defined in
section 3(1).";
(c) in sub-section (2)(b), for "8%" (where twice
occurring) substitute "the permitted
10 percentage";
(d) in the example at the foot of sub-section (3),
for "Company A cannot be granted"
substitute "If the permitted percentage were
8%, company A could not be granted".
15 8. Amendments to Division 3A of Part 2
(1) In the Principal Act--
(a) for the heading to Division 3A of Part 2
substitute--
"Division 3A--Substantial Interests in
20 Packaged Liquor Licensees and Their
Related Entities";
(b) in section 26A, for the definition of
"commencement day" substitute--
' "commencement day" means the day on
25 which the Liquor Control Reform
(Packaged Liquor Licences) Act 2002
received the Royal Assent;';
(c) in the heading to section 26E, for
"Controlling" substitute "Substantial";
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(d) in section 26E--
(i) for "controlling" substitute
"substantial";
(ii) for "50%" (wherever occurring)
5 substitute "20%";
(e) section 26F is repealed;
(f) in section 26G, for "controlling" (wherever
occurring, including in the heading)
substitute "substantial";
10 (g) section 26H is repealed.
(2) In section 26I of the Principal Act--
(a) in sub-section (1)--
(i) for "controlling" (wherever occurring)
substitute "substantial";
15 (ii) in paragraphs (b) and (c), for "8%"
substitute "the permitted percentage";
(b) in the note at the foot of sub-section (1), after
"section 26A." insert 'See also the definition
of "permitted percentage" in section 3(1).';
20 (c) in sub-section (2), for "8%" substitute "the
permitted percentage";
(d) sub-section (7) is repealed;
(e) in sub-section (8), for the definition of
"relevant day", substitute--
25 ' "relevant day" means--
(a) if the interest that gave rise to the
substantial interest referred to in
sub-section (1)(a) was acquired
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before the commencement day--
the commencement day; or
(b) if the interest that gave rise to the
substantial interest referred to in
5 sub-section (1)(a) was acquired on
or after the commencement day--
the day on which the interest was
acquired.'.
(3) In the Principal Act--
10 (a) in section 26J--
(i) for "controlling" (wherever occurring)
substitute "substantial";
(ii) for "8%" (where twice occurring)
substitute "the permitted percentage";
15 (b) in the note at the foot of section 26J, after
"section 26A." insert 'See also the definition
of "permitted percentage" in section 3(1).'.
9 New Division 3B inserted in Part 2
After Division 3A of Part 2 of the Principal Act
20 insert--
'Division 3B--Interim Restrictions on Grant,
Transfer or Relocation of Packaged Liquor
Licences
26L. Application of Division
25 (1) This Division applies to the grant or transfer
of a packaged liquor licence to a person, or
the relocation of a packaged liquor licence
held by a person if, at the time of the
determination of the application for grant,
30 transfer or relocation--
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(a) in the case of a natural person, the
person holds more than 8%, but not
more than the permitted percentage, of
all packaged liquor licences granted
5 and in force under this Act; or
(b) in the case of a body corporate, the sum
of the packaged liquor licences held by
the body corporate and by any related
entities is more than 8%, but not more
10 than the permitted percentage, of all
packaged liquor licences granted and in
force under this Act.
Note: The permitted percentage is defined in
section 3(1).
15 (2) However, this Division does not apply to--
(a) the transfer of a packaged liquor licence
specified in Schedule 2; or
(b) the transfer, before 1 September 2002,
of a packaged liquor licence to a body
20 corporate from any of its related bodies
corporate; or
(c) the relocation of a packaged liquor
licence--
(i) within a retail shopping centre
25 (within the meaning of the Retail
Tenancies Reform Act 1998); or
(ii) if the premises to which the
licence is relocated are within
100 metres of the existing licensed
30 premises.
(3) For the avoidance of doubt, nothing in this
Division limits the application of section 23.
26M. Definitions and interpretation
(1) In this Division--
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"designated area", in respect of designated
premises, means the area surrounding
the designated premises as determined
by the Minister under sub-section (2);
5 "designated premises" means premises or
proposed premises referred to in
section 26O(1);
"excluded licensee", in respect of a
designated area, means a licensee of
10 packaged liquor licensed premises in
that area if--
(a) the licence was granted or
transferred to the licensee, or
relocated into the designated area,
15 after 23 January 2001; or
(b) the licensee is a natural person
who, on 1 January 2002, held
more than 8% of all packaged
liquor licences granted and in
20 force under this Act; or
(c) the licensee is a body corporate
and the sum of the packaged
liquor licences held by it and by
any related entities on 1 January
25 2002 was more than 8% of all
packaged liquor licences granted
and in force under this Act;
"packaged liquor licence" includes a
general licence under which, in the
30 opinion of the Director, the
predominant activity carried on in the
area set aside as the licensed premises
is the sale by retail of liquor for
consumption off the licensed premises;
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"packaged liquor licensed premises"
means premises in respect of which a
packaged liquor licence is in force;
"practising accountant" means a member
5 of CPA Australia, the Institute of
Chartered Accountants in Australia or
the National Institute of Accountants;
"prospective applicant" means a person
who wants a packaged liquor licence in
10 respect of premises or proposed
premises, whether by the grant of a new
licence or the transfer or relocation of
an existing licence.
(2) For the purposes of this Division, the
15 Minister, by notice published in the
Government Gazette, may from time to time
determine an area to be the designated area
in respect of designated premises.
(3) The designated area may vary for different
20 areas of the State.
(4) In this Division, a reference to a licence
includes a reference to a licence that is
renewed in accordance with Division 8.
(5) In determining for the purposes of this
25 Division the number of packaged liquor
licences held by a person, account is not to
be taken of any general licence that was--
(a) in force on 23 January 2001; and
(b) held by the person on that day.
30 26N. Limitation on grant, transfer or relocation
of certain packaged liquor licences
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If this Division applies, the Director must not
grant an application for the grant, transfer or
relocation of a packaged liquor licence
except in accordance with this Division.
5 26O. Required notifications in relation to
designated premises and designated areas
(1) A prospective applicant may notify the
Director in writing of the address or location
of the premises or proposed premises in
10 respect of which the prospective applicant
wants a packaged liquor licence.
(2) A prospective applicant who notifies the
Director under sub-section (1) must cause a
notice to be advertised in a newspaper
15 circulating in the designated area
containing--
(a) the name and address of the prospective
applicant; and
(b) the address or location of the
20 designated premises; and
(c) any other information specified by the
Director.
(3) The notice referred to in sub-section (2) must
comply with any requirements specified by
25 the Director as to size.
(4) Within 14 days after receiving a notification
under sub-section (1), the Director must--
(a) give written notice to the prospective
applicant--
30 (i) containing the name and address
of any licensee of packaged liquor
licensed premises in the
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designated area in respect of the
designated premises, other than
the prospective applicant or an
excluded licensee; and
5 (ii) if there are more than one such
packaged liquor licensed
premises, specifying the order of
the licensees for the purposes of
section 26R; and
10 (b) give written notice to each licensee of
packaged liquor licensed premises in
the designated area in respect of the
designated premises, other than the
prospective applicant or any excluded
15 licensee, specifying--
(i) the name and address of the
prospective applicant; and
(ii) the address or location of the
designated premises.
20 (5) For the purposes of sub-section (4)(a)(ii), the
Director is to determine the order of
licensees in the order of closest to furthest in
proximity of the packaged liquor licensed
premises to the designated premises by the
25 nearest practicable route.
(6) For the avoidance of doubt, this section
applies if the designated premises are
packaged liquor licensed premises (that is,
where the licensee is a person other than the
30 prospective applicant).
26P. What happens if there are no other
packaged liquor licensed premises in the
designated area?
If there are no packaged liquor licensed
35 premises in the designated area (other than
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premises of the prospective applicant or an
excluded licensee)--
(a) the Director must give written notice of
that fact to the prospective applicant
5 within 14 days after receiving
notification under section 26O(1); and
(b) a packaged liquor licence may be
granted or transferred to the prospective
applicant in respect of the designated
10 premises, or relocated to the designated
premises, in accordance with this Act
as if this Division did not apply.
26Q. Procedure if there is one other packaged
liquor licensed premises in the designated
15 area
(1) If there is one packaged liquor licensed
premises in the designated area (other than
premises of the prospective applicant or an
excluded licensee), the prospective applicant
20 may give a written notice that complies with
sub-section (2) to the licensee of the
packaged liquor licensed premises.
(2) A notice under sub-section (1) must--
(a) request the licensee to inform the
25 prospective applicant, within 7 days
after receiving the notice, whether or
not the licensee is interested in
receiving an offer from the prospective
applicant to purchase the packaged
30 liquor business carried on at the
licensee's packaged liquor licensed
premises; and
(b) be sent to the licensee by registered
post or certified mail.
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(3) If, within 7 days after receiving a notice
under sub-section (1), the licensee informs
the prospective applicant that the licensee is
interested in receiving an offer, the
5 prospective applicant may make a written
offer to purchase the packaged liquor
business carried on at the licensee's packaged
liquor licensed premises, for a price that is
not less than the amount determined in
10 accordance with section 26S.
(4) If an offer under sub-section (3) is accepted,
an application may be made and determined,
in accordance with this Act, for the transfer
of the licence from the licensee to the
15 prospective applicant and, if necessary, the
relocation of the licence to the designated
premises.
(5) If the licensee--
(a) informs the prospective applicant that
20 the licensee is not interested in
receiving an offer; or
(b) does not respond to the notice under
sub-section (1) within 7 days; or
(c) does not, within 14 days after a request
25 from the prospective applicant, give the
prospective applicant any information
the prospective applicant needs to be
able to make an offer under sub-
section (3); or
30 (d) does not accept an offer made under
sub-section (3) within 30 days or any
later period determined by the
Director--
a packaged liquor licence may be granted or
35 transferred to the prospective applicant in
respect of the designated premises, or
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relocated to the designated premises, in
accordance with this Act as if this Division
(other than section 26T) did not apply.
26R. Procedure if there are more than one other
5 packaged liquor licensed premises in the
designated area
(1) If there are more than one packaged liquor
licensed premises in the designated area
(other than premises of the prospective
10 applicant or an excluded licensee), the
prospective applicant may give a written
notice that complies with sub-section (2) to
the first licensee in the order specified by the
Director under section 26O(4)(a)(ii).
15 (2) A notice under sub-section (1) must--
(a) request the licensee to inform the
prospective applicant, within 7 days
after receiving the notice, whether or
not the licensee is interested in
20 receiving an offer from the prospective
applicant to purchase the packaged
liquor business carried on at the
licensee's packaged liquor licensed
premises; and
25 (b) be sent to the licensee by registered
post or certified mail.
(3) If, within 7 days after receiving a notice
under sub-section (1), the licensee informs
the prospective applicant that the licensee is
30 interested in receiving an offer, the
prospective applicant may make a written
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offer to purchase the packaged liquor
business carried on at the licensee's packaged
liquor licensed premises, for a price that is
not less than the amount determined in
5 accordance with section 26S.
(4) If an offer under sub-section (3) is accepted,
an application may be made and determined,
in accordance with this Act, for the transfer
of the licence from the licensee to the
10 prospective applicant and, if necessary, the
relocation of the licence to the designated
premises.
(5) If the licensee--
(a) informs the prospective applicant that
15 the licensee is not interested in
receiving an offer; or
(b) does not respond to the notice under
sub-section (1) within 7 days; or
(c) does not, within 7 days after a request
20 from the prospective applicant, give the
prospective applicant any information
the prospective applicant needs to be
able to make an offer under sub-
section (3); or
25 (d) does not accept an offer made under
sub-section (3) within 30 days or any
later period determined by the
Director--
the prospective applicant, after giving
30 written notice to the Director, may give a
written notice that complies with sub-section
(2) to the next licensee in the order specified
by the Director under section 26O(4)(a)(ii).
(6) Sub-sections (2), (3), (4) and (5) apply if a
35 prospective applicant gives a written notice
referred to in sub-section (5) to a licensee, as
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if a reference in sub-section (5)(d) to 30 days
were a reference to 15 days.
(7) If all licensees of packaged liquor licensed
premises in the designated area (other than
5 the prospective applicant or excluded
licensees)--
(a) have informed the prospective applicant
that they are not interested in receiving
an offer; or
10 (b) have not responded to the notice under
sub-section (1) or (5) (as the case
requires) within 7 days; or
(c) have not, within 7 days after a request
from the prospective applicant, given
15 the prospective applicant any
information the prospective applicant
needs to be able to make an offer under
sub-section (3); or
(d) have not accepted an offer made under
20 sub-section (3) within 15 or 30 days (as
the case requires) or any later period
determined by the Director--
a packaged liquor licence may be granted or
transferred to the prospective applicant in
25 respect of the designated premises, or
relocated to the designated premises, in
accordance with this Act as if this Division
(other than section 26T) did not apply.
26S. Minimum offer price
30 (1) For the purposes of section 26Q(3) and
26R(3), the minimum offer price is as set out
in this section.
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(2) If the offer is being made to the licensee of
the designated premises, the minimum offer
price is 3 times the licensee's annual net
profit in respect of the packaged liquor
5 business for the previous financial year, as
certified by a practising accountant.
(3) In any other case, the minimum offer price
is--
(a) 35 times the licensee's annual net profit
10 in respect of the packaged liquor
business for the previous financial year,
as certified by a practising accountant;
and
(b) if the licensee is a tenant at the
15 packaged liquor licensed premises, an
additional amount that is the lowest
of--
(i) 6 months' rent under the lease of
the packaged liquor licensed
20 premises;
(ii) the rental payable under the
remaining term of the lease;
(iii) an amount that would enable the
licensee to terminate the lease.
25 (4) If the licensee and the prospective applicant
cannot agree as to the amount of the
minimum offer price--
(a) the prospective applicant must notify
the Director; and
30 (b) the Director must appoint a person
who, in the Director's opinion, is a
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suitably qualified person, to determine
the amount of the minimum offer price
in accordance with this section.
(5) A determination under sub-section (4)(b) as
5 to the amount of the minimum offer price is
binding on the licensee and the prospective
applicant.
(6) The costs of a determination under sub-
section (4)(b) are to be borne equally by the
10 licensee and the prospective applicant.
26T. Director may require evidence
The Director may require an applicant for the
grant, transfer or relocation of a licence to
provide evidence, to the satisfaction of the
15 Director, that the applicant has complied
with section 26Q or 26R (as the case
requires), before considering whether or not
to grant the application.'.
10. New section 35 inserted
20 For section 35 of the Principal Act substitute--
'35. Advertisement of licence application
(1) An applicant for the grant, variation or
relocation of a packaged liquor licence or a
prescribed licence must cause notice of the
25 application to be advertised in a newspaper
circulating in the area--
(a) in which the premises to which the
application relates are or are to be
situated; or
30 (b) to which the licensed premises are
sought to be relocated--
or to be advertised in the manner directed by
the Director under sub-section (3)(b).
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(2) The Director may direct an applicant for the
grant, variation or relocation of a licence
(other than a packaged liquor licence or
prescribed licence) to cause notice of the
5 application to be advertised in a newspaper
circulating in the area--
(a) in which the premises to which the
application relates are or are to be
situated; or
10 (b) to which the licensed premises are
sought to be relocated--
or to be advertised in the manner directed by
the Director under sub-section (3)(b).
(3) The Director may--
15 (a) specify the newspaper in which notice
of an application, or of applications of a
specified class, is or are to be
advertised;
(b) direct that an application, or
20 applications of a specified class, is or
are to be advertised in another manner
specified by the Director.
(4) A notice referred to in sub-section (1) or (2)
must comply with any requirements
25 specified by the Director as to size and the
information contained in it.
(5) The Director must refuse to consider an
application until the applicant has complied
with sub-section (1) or (2), as the case
30 requires.
(6) In this section--
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Act No.
"prescribed licence" means a licence, other
than a limited licence, of a class that is
prescribed for the purposes of sub-
section (1).'.
5 11. Objections
(1) In section 38 of the Principal Act, after sub-
section (1) insert--
"(1A) In addition to the ground referred to in sub-
section (1), any person may object to the
10 grant, variation or relocation of a packaged
liquor licence on the ground that the grant,
variation or relocation would be conducive
to or encourage the misuse or abuse of
alcohol.".
15 (2) In section 40 of the Principal Act, after sub-
section (1) insert--
"(1A) In addition to the ground referred to in sub-
section (1), the Council of the municipal
district in which premises are situated may
20 object to--
(a) the grant or variation of a packaged
liquor licence in respect of those
premises; or
(b) the relocation of a packaged liquor
25 licence to those premises--
on the ground that the grant, variation or
relocation would be conducive to or
encourage the misuse or abuse of alcohol.".
(3) In section 41(3) of the Principal Act, for
30 paragraph (a) substitute--
"(a) be made to the Director in writing within
30 days after--
(i) in the case of an objection to the grant,
variation or relocation of a licence--the
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Act No.
day on which notice of the application
was first displayed under section 34(1);
or
(ii) in the case of an objection to the
5 transfer of a licence--the day on which
the application was made; and".
12. Miscellaneous amendments
In the Principal Act--
(a) in sections 105(4) and 106(4), omit "or
10 representations";
(b) in sections 131(1)(b) and 135(b), for
"residential licence" substitute "general
licence or an on-premises licence relating to
licensed premises where accommodation for
15 residents is provided".
13. Supreme Court--limitation of jurisdiction
At the end of section 179A of the Principal Act
insert--
"(2) It is the intention of section 26K, as it applies
20 to Division 3A of Part 2 as amended by the
Liquor Control Reform (Packaged Liquor
Licences) Act 2002, to alter or vary
section 85 of the Constitution Act 1975.".
14. New Schedule 2 inserted
25 After Schedule 1 to the Principal Act insert--
"SCHEDULE 2
Section 26L(2)(a)
PACKAGED LIQUOR LICENCES TO WHICH
DIVISION 3B OF PART 2 DOES NOT APPLY
Packaged liquor licence numbers:
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32006727 32024115
32051675 32023931
32051154 32003745
32022139 32008614
32008402 32024602
32050988 32050996
32024335 32021913
32050970 32051976
32050857 32050954".
15. Transitional provision
In Schedule 3 to the Principal Act, after clause 19
insert--
"20. Transitional provision--Liquor Control Reform
5 (Packaged Liquor Licences) Act 2002
(1) Section 11(3)(aac) and (aad), as inserted by
section 6(1) of the Liquor Control Reform
(Packaged Liquor Licences) Act 2002,
extends to packaged liquor licences in force at
10 the commencement of that section 6(1).
(2) However, the licence condition referred to in
section 11(3)(aac) does not apply to a packaged
liquor licence until the financial year
commencing on 1 July 2003.
15 (3) Section 35, as substituted by section 10 of the
Liquor Control Reform (Packaged Liquor
Licences) Act 2002, applies to an application
made on or after the commencement of that
section 10.
20 (4) If--
(a) on or after 14 May 2002 but before the
day on which the Liquor Control
Reform (Packaged Liquor Licences)
Act 2002 receives the Royal Assent, the
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Act No.
Director grants or transfers to a person a
packaged liquor licence; and
(b) the grant or transfer would have been
prohibited by section 23 had the Liquor
5 Control Reform (Packaged Liquor
Licences) Act 2002 received the Royal
Assent--
the grant or transfer (as the case requires) is,
and must be taken always to have been, void.".
10 16. Abolition of limit on packaged liquor licences
In the Principal Act--
(a) in section 3(1), the definitions of "permitted
percentage", "related body corporate",
"related entity" and "voting power" are
15 repealed;
(b) sections 8(2)(ca), 18A and 23, Divisions 3A
and 3B of Part 2, sections 90(1)(fa) and
179A and Schedule 2 are repealed.
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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