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LIQUOR CONTROL REFORM ACT 1998


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   3A.     What is amenity?  
   3AA.    Evidence constituting detraction from or detriment to amenity of area  
   3AB.    What is intoxication?  
   3AC.    Who is an associate?  
   3B.     Where supply occurs if off-premises request made  
   4.      Objects  
   5.      Liquor Control Advisory Council  
   6.      Act not to apply in certain cases  
   6A.     Exemption from Act—bed and breakfast businesses  
   6B.     Exemption from Act—florist or giftmaker  
   6C.     Exemption from Act—hairdressers  
   6D.     Exemption from Act—butchers  
   6E.     Exemption from Act—hospitals  
   6F.     Exemption from Act—residential care services  
   6G.     Exemption from Act—retirement villages  
   6H.     Exemption from Act—cruise ships  

   PART 2--LICENCES AND BYO PERMITS

   7.      What are the categories of licences and permits that may be issued under this Act?  
   8.      General licence  
   9.      On-premises licence  
   9A.     Restaurant and cafe licence  
   10.     Club licence  
   11.     Packaged liquor licence  
   11A.    Late night licence  
   12.     Pre-retail licence  
   13.     Wine and beer producer's licence  
   14.     Limited licence  
   14A.    Major event licence  
   14B.    Determination of major event  
   15.     BYO permit  
   15A.    ANZAC Day restrictions  
   15B.    Exemptions from ANZAC Day restrictions—Duty free shops and aircraft  
   15C.    Exemptions from ANZAC Day restrictions—Residents and guests  
   15D.    Exemptions from ANZAC Day restrictions—Wineries  
   15E.    Sexually explicit entertainment licence condition—fees  
   16.     Licence and permit condition—compliance with planning scheme  
   17.     Licence condition—extended hours  
   18.     Licence and permit condition—approval of directors  
   18B.    Licence condition—security cameras  
   19.     30-minute period for consumption of liquor after hours  
   20.     Gratuitous supply of liquor  
   21.     Bringing of liquor onto licensed premises  
   22.     Certain premises not to be licensed  
   24.     Further restriction on grant of packaged liquor and late night (packaged liquor) licences  
   25.     Restrictions on grant of club licences  
   25A.    Restriction on insertion of licence condition permitting vending machines  
   26.     Restriction on grant of limited licence  
   26A.    Restriction on grant of major event licence  
   26B.    Restriction on the grant of certain licences—approved responsible service of alcohol programs  
   26C.    Approval of responsible service of alcohol programs  
   27.     Who can apply for a licence or BYO permit?  
   28.     Form of application  
   29.     Application for variation of licence or BYO permit  
   30.     Procedure on application for variation by Chief Commissioner or licensing inspector  
   31.     Application for relocation of licence or BYO permit  
   32.     Application for transfer of licence or BYO permit  
   33.     Copy of application to be given to police and local council  
   34.     Public display of licence application  
   35.     Advertisement of licence application  
   36.     Notification of particular persons  
   37.     Guidelines  
   38.     Objection on ground of amenity  
   39.     Objection by Chief Commissioner  
   40.     Objection by local council  
   41.     Objection to licence by licensing inspector  
   42.     Commission may refuse to accept objection  
   43.     Withdrawal of objection  
   44.     Determination of uncontested applications  
   47.     Determination of contested application  
   48.     Commission may permit amendments and disregard errors  
   49.     Licence and BYO permit conditions  
   50.     Period of licence or BYO permit  
   51.     Form of licence or BYO permit and endorsements  
   52.     Copy of licence or BYO permit  
   53.     Liability of joint and incorporated licensees or permittees and unincorporated clubs  
   53A.    Criminal liability of officers of bodies corporate—accessorial liability  
   53B.    Criminal liability of officers of bodies corporate—failure to exercise due diligence  
   53C.    Criminal liability of officers of bodies corporate—failure to exercise due diligence (evidential burden of proof)  
   54.     Nominee of licensee or permittee  
   55.     Transfer of club licence to incorporated association  
   56.     Concurrent dealing with transfer and relocation  
   57.     Effect of transfer or relocation  
   58.     Variation of licence or BYO permit at initiative of Commission  
   58A.    Correcting mistakes  
   58B.    Commission may make late hour entry declarations  
   58C.    Making a late hour entry declaration  
   58CA.   Temporary late hour entry declaration  
   58D.    Commission may revoke or vary a late hour entry declaration  
   59.     Licence to be renewed within 3 months  
   60.     Licence renewal after 3 months  
   61.     Notice of failure to renew licence or BYO permit  
   62.     Power to owner and others to renew licence  
   63.     Surrender of licence or BYO permit  
   64.     Release of licensee or permittee  
   65.     Partner leaving partnership  
   66.     Licence or permit lapses if not endorsed  
   66AA.   Definitions  
   66AB.   Specification of certain licences  
   66AC.   Specification of certain licences as small business licences  
   66AD.   Requirement to provide wholesale information  
   66A.    Information in relation to fees  

   PART 3--SPECIAL PROCEDURES FOR CERTAIN LICENCES

   67.     Application by amalgamated club for a club licence  
   68.     Objection to grant of licence to amalgamated club  
   69.     Grant of licence to amalgamated club  
   70.     Division does not affect Division 4 of Part 2  
   71.     Definitions  
   72.     Application of Division  
   73.     Requirements for an application to which this Division applies  
   74.     Grant of application  
   75.     Definitions  
   76.     Application of Division  
   77.     Requirements for an application to which this Division applies  
   78.     Objection by Chief Commissioner  
   79.     Grant of application  

   PART 4--AUTHORISATION OF OTHERS TO CARRY ON LICENSED BUSINESS

   80.     Application by executors, trustees and administrators for endorsement on licence or BYO permit  
   81.     Application by owner or mortgagee of licensed premises for endorsement on licence or BYO permit  
   82.     Application procedure  
   83.     Objection by Chief Commissioner  
   84.     Grant of application  
   85.     Endorsement at initiative of Commission  
   86.     Effect of endorsement  

   PART 4A--DEMERITS REGISTER

   86A.    Demerits Register  
   86B.    Commission to record demerit points  
   86C.    Record of day on which offence was committed  
   86D.    Commission must notify licensee or permittee when demerit point is incurred  
   86E.    Automatic suspension of licence or permit if certain number of demerit points incurred  
   86F.    Date of commencement of suspension  
   86G.    Notice of suspension  
   86H.    Minister may suspend, cancel or delay a suspension  
   86I.    Commission may deduct demerit points  
   86J.    Demerit point automatically deducted after 3 years  
   86K.    Commission may publish details of licences and permits  

   PART 6--INQUIRIES AND DISCIPLINARY PROVISIONS

   90.     Definitions  
   91.     Inquiry into whether there are grounds to take disciplinary action  
   92.     Licensee or permittee to be given notice of any inquiry under this Division  
   92A.    Other interested persons to be given notice of any inquiry under this Division  
   93.     Commission's determination following inquiry into existence of grounds for disciplinary action  
   93A.    Disciplinary action that is a cancellation, suspension or variation of licence or permit  
   93B.    Disciplinary action that is a fine  
   93C.    Disciplinary action that is a letter of censure  
   93D.    Disqualification  
   93E.    Endorsement of licence or permit by Commission  
   94.     Inquiry into amenity or disuse  
   94A.    Commission must give notice of proposal to conduct inquiry under section 94  
   94B.    Other interested persons to be given notice of proposal to conduct inquiry under section 94  
   95.     Cancellation, suspension or variation of licence or BYO permit by Commission  
   96A.    Suspension by police  
   96B.    Suspension by Commission  
   96C.    Evidentiary matters  
   97.     Effect of suspension of licence or permit  
   97A.    Service of breach notice  
   97B.    Variation or suspension of licence  

   PART 7--OBLIGATIONS OF OWNERS, MORTGAGEES, LICENSEES AND PERMITTEES

   98.     Owners and mortgagees of licensed premises  
   99.     Refreshments to be available  
   99A.    Free drinking water to be provided at licensed premises  
   99B.    Exemption from requirement to provide free drinking water—without application  
   99C.    Exemption from requirement to provide free drinking water—on application  
   99D.    Matters Commission must consider when exempting licensees from free drinking water requirements  
   100.    Residents' register  
   101.    Copy of licence or permit to be displayed on premises  
   101A.   Plan of premises to be given to the Commission if requested  
   101B.   Plan of premises to be retained and produced for inspection  
   102.    Notices required by the Commission must be displayed  
   103.    Change of directors  
   103A.   Change of associates  
   104.    Approval of directors  
   105.    No letting or sub-letting without consent  
   106.    Control of business of supply of liquor  
   106A.   Lessees etc. are liable for offences  
   106B.   Requirement to notify Commission that sexually explicit entertainment provided on licensed premises  

   PART 7A--BARRING ORDERS

   106C.   Definitions  
   106D.   Barring orders  
   106E.   Police must produce proof of identity  
   106F.   Content of barring order  
   106G.   Duration of barring order  
   106H.   Requirement to give name and address  
   106I.   Variation and revocation of barring order  
   106J.   Offences  
   106K.   Licensee or permittee must keep records of barring orders  

   PART 8--OFFENCES AND ENFORCEMENT

   107.    Unlicensed selling of liquor  
   108.    Offences by licensee and permittee  
   108AA.  Licensee must complete refresher approved responsible service of alcohol programs  
   108AB.  Licensee must ensure staff complete approved responsible service of alcohol programs  
   108AC.  Licensee must ensure staff complete refresher approved responsible service of alcohol programs  
   108AD.  Licensee must keep approved responsible service of alcohol register  
   108AE.  Licensee must produce approved responsible service of alcohol program register for inspection  
   108AF.  Exemption from approved responsible service of alcohol program requirements—without application  
   108AG.  Exemption from approved responsible service of alcohol program requirements—on application  
   108AH.  Matters Commission must consider when exempting licensees from responsible service of alcohol program requirements  
   108B.   Corporate licensee must provide details of directors  
   109.    Taking orders for liquor at unlicensed premises  
   109A.   Sale of liquor through vending machines  
   110.    Holding out  
   111.    Bringing liquor to premises outside trading hours  
   112.    Keeping liquor in unlicensed club  
   113.    Consuming or having liquor on unlicensed premises  
   113A.   Consumption of liquor on party buses  
   114.    Offences by persons other than licensee or permittee  
   115.    Betting on licensed premises  
   115A.   Prohibited advertising or promotion  
   116.    Falsely indicating that premises are licensed  
   117.    Procuring transfer by fraud  
   118.    False or misleading statements  
   118A.   Restrictions on retail supply of alcohol‑based food essences  
   118B.   Regulations prohibiting supply of classes of liquor  
   119.    Supplying liquor to minors  
   120.    Allowing minors on licensed or authorised premises  
   121.    Sending minor to obtain liquor  
   122.    Permitting minor to supply liquor  
   123.    Offences by minors  
   124.    Wrongful dealing in evidence of age document  
   125.    Offence to falsely procure proof of age card  
   126.    Power to demand suspected minor to give his or her age  
   127.    Seizure of evidence of age document  
   128.    Seizure of liquor from minors  
   129.    Right of entry  
   130.    Powers of authorised persons  
   130A.   Power to require names and addresses  
   130B.   Search warrants  
   130C.   Announcement before entry  
   130D.   Copy of warrant to be given to occupier  
   130E.   Offences relating to obstruction of authorised persons  
   130F.   Protection against self-incrimination  
   131.    Power to seize liquor in certain cases  
   132.    Police to assist if person asked to leave premises  
   133C.   Access to seized documents  
   133D.   Use of equipment to examine or process documents  
   133E.   Use or seizure of electronic equipment at premises  
   133F.   Undertakings  
   133G.   Register of undertakings  
   133H.   Injunctions to restrain conduct  
   133I.   Injunctions to do an act or thing  
   133J.   Interim injunctions  
   133K.   Power to rescind or vary injunctions  
   133L.   Undertakings as to damages and costs  
   134.    Presumption as to holder of licence or permit  
   135.    Averments  
   136.    Sufficient evidence of certain matters  
   137.    Copies of certain documents  
   138.    Property forfeited  
   139.    Concurrent proceedings  
   140.    Notice of conviction  
   141.    Power to serve an infringement notice  
   144.    Infringement penalties  
   146.    Effect of expiation  
   146A.   Definitions  
   146B.   Liquor accord terms  
   146C.   Competition and Consumer Act and Competition Code  
   146D.   Information disclosure in relation to liquor accord bans  
   146E.   Approval of advanced RSA programs  
   146F.   Direction to complete approved advanced RSA program  

   PART 8A--BANNING NOTICES AND EXCLUSION ORDERS

   147.    Order declaring designated area  
   148.    Court proceedings regarding Order  
   148A.   Variation and revocation of Order  
   148B.   Issue of banning notice  
   148C.   Content of banning notice  
   148D.   Requirement to give name and address  
   148E.   Variation and revocation of banning notice  
   148F.   Offence to contravene banning notice or fail to comply with police directions  
   148G.   Direction to leave designated area or licensed premises  
   148H.   Police may use reasonable force to remove person  
   148I.   Exclusion orders  
   148J.   Offence to contravene exclusion order or fail to comply with police directions  
   148K.   Direction to leave designated area or licensed premises  
   148L.   Police may use reasonable force to remove person  
   148M.   Variation of exclusion order  
   148O.   Licensed premises include authorised premises  
   148P.   Disclosure of information for enforcement purposes  
   148Q.   Offence to permit contravention of banning notice or exclusion order  
   148R.   Annual report by Chief Commissioner  

   PART 8B--CLOSURE AND EVACUATION OF LICENSED PREMISES FOR FIRE AND EMERGENCY PURPOSES

   148S.   Definitions  
   148T.   Appointment of fire safety inspector  
   148U.   Fire safety inspector's identity card  
   148V.   Production of identity card  
   148W.   Entry and search of certain premises for serious fire threat  
   148X.   Search of premises after entry authorised by any other Act  
   148Y.   Requirement to assist the fire safety inspector during search of certain premises  
   148Z.   Refusal or failure to comply with requirement  
   148ZA.  Offence to refuse entry to a fire safety inspector  
   148ZB.  Offence to give false or misleading information  
   148ZC.  Advice of fire safety inspector as to serious fire threat  
   148ZD.  Issue of closure and evacuation notice  
   148ZE.  Service of closure and evacuation notice  
   148ZF.  Issue and service of subsequent notice  
   148ZG.  Content of closure and evacuation notice  
   148ZH.  Direction to leave licensed premises  
   148ZI.  Fire safety inspector may request assistance of police  
   148ZJ.  Offence to fail or refuse to comply with a closure and evacuation notice or direction  
   148ZK.  Offence to allow entry  
   148ZL.  Sign must be displayed  
   148ZM.  Injunction to prevent or restrain a contravention  
   148ZN.  Notification of completion of rectification work  
   148ZO.  Inspection by fire safety inspector of rectification work  
   148ZP.  Revocation of closure and evacuation notice and subsequent notice  
   148ZQ.  Giving advice or a decision in writing or orally  
   148ZR.  Delegation by the Commission  
   148ZS.  Disclosure of information for enforcement purposes  
   148ZT.  Disclosure of information by the Commission  
   148ZX.  Power to serve an infringement notice  
   148ZY.  Infringement penalties  

   PART 9--ADMINISTRATION

   149.    Request for statement of reasons for decision  
   150.    Content of statement of reasons and by when they must be given  
   151.    Definitions  
   152.    Reviewable decisions  
   153.    Applications for internal review  
   154.    Notification of certain persons of application for internal review  
   155.    Commission on review must not include commissioner who made the reviewable decision  
   156.    Commission on review must include Chairperson or a Deputy Chairperson  
   157.    Decisions on internal review  
   158.    Review of reviewable decisions relating to refusals to grant licence or BYO permit  
   159.    Review of reviewable decisions relating to late hour entry declarations  
   160.    Applications for internal review do not affect operation of reviewable decisions  
   172.    Licensing inspectors  
   172A.   Appeal to Supreme Court  

   PART 10--GENERAL

   173.    Service of notices and other documents  
   174.    Extension of time for objections  
   175.    Application of Gambling Regulation Act 2003  
   176.    Issue of proof of age cards  
   177.    Treasurer may make payments  
   178.    Treasurer may require information  
   178A.   Delegation  
   179.    Records to be made and kept by certain licensees  
   180.    Regulations  

   PART 11--REPEALS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONALS

   182.    Savings and transitional provisions  
   183.    Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013  
   184.    Transitional provision—Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act 2014  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           ENDNOTES


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