LIQUOR CONTROL REFORM ACT 1998 - SCHEDULE 4
LIQUOR CONTROL REFORM ACT 1998 - SCHEDULE 4
Schedule 4––Transitional provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011
1 Definitions
In this Schedule—
"commencement day" means the day on which section 64 of the Victorian Commission for Gambling and Liquor Regulation Act 2011 comes into operation;
"Director" means the Director of Liquor Licensing appointed under section 149 as in force immediately before the commencement day;
"LCRA licence or permit" means—
(a) a general licence;
(b) an on-premises licence;
(c) a restaurant and cafe licence;
(d) a club licence;
(e) a packaged liquor licence;
(f) a late night licence;
(g) a pre-retail licence;
(h) a vigneron's licence;
(i) a limited licence;
(j) a major event licence;
(k) a BYO permit;
"liabilities "means all liabilities, duties and obligations, whether actual, contingent or prospective;
"new Commission" means Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011 ;
"Panel" means a Liquor Licensing Panel established under section 157 as in force immediately before the commencement day and in existence before that day;
"pending contested application "means an application made before the commencement day for a LCRA licence or permit in respect of which the Director has not made a decision to grant or refuse to grant the licence or permit before that day;
"property "means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
"rights "means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
"Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 .
2 General savings provisions
(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .
(2) This Schedule applies despite anything to the contrary in any other provision in this Act.
Sch. 4 cl. 3 repealed by No. 94/1998 s. 182(2)
(Sch. 4 cl. 3(4)).
* * * * *
4 Office of Director abolished
On the commencement day—
(a) the office of Director is abolished and the person holding the office goes out of office;
(b) the Panel is abolished and its members go out of office;
(c) all rights, property and assets that, immediately before that day, were vested in the office of Director are, by force of this subclause, vested in the new Commission;
(d) all debts, liabilities and obligations of the Director existing immediately before that day become, by force of this subclause, debts, liabilities and obligations of the new Commission;
(e) the new Commission is, by force of this subclause, substituted as a party to any proceeding pending in any court or tribunal to which the Director was a party immediately before that day;
(f) the new Commission is, by force of this subclause, substituted as a party to any arrangement or contract entered into by or on behalf of the Director as a party and in force immediately before that day.
5 References
On the commencement day any reference to the Director in any Act (other than this Act or the Victorian Commission for Gambling and Liquor Regulation Act 2011 ) or in any rule, regulation, order, agreement, instrument, deed or other document whatever must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject-matter, be construed as a reference to the new Commission.
6 Pending uncontested applications
(1) This clause applies to an application for, or variation of, a LCRA licence or permit made before the commencement day—
(a) that is not a contested application; and
(b) in respect of which the Director has not made a decision before that day.
(2) On and after the commencement day, the new Commission may make the decision, and for that purpose, anything done before that day by the Director for the purpose of making that decision is taken to have been done by the new Commission.
(3) For the purposes of this clause, this Act as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission.
7 Own motion variations of Director
(1) This clause applies if, before the commencement day—
(a) the Director proposes to vary a LCRA licence or permit on his or her own initiative; and
(b) written notice of the proposed variation has been given to the licensee or permittee.
(2) On and after the commencement day, the new Commission—
(a) must, if the licensee or permittee gives any notice of objection to the proposed variation before or after the commencement day, consider any written or oral submissions made in respect of that objection; and
(b) may vary the LCRA licence or permit, and for that purpose, anything done before that day by the Director for the purpose of making the variation is taken to have been done by the new Commission.
(3) For the purposes of this clause, this Act as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission.
8 Pending contested applications referred to Panel in respect of which consideration has not been given
(1) This clause applies if—
(a) before the commencement day, a contested application has been referred by the Director to the Panel; and
(b) the Panel has not yet considered the application or given the applicant and each objector an opportunity to be heard.
(2) On and after the commencement day the new Commission must determine the contested application.
(3) For the purposes of this clause, this Act as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission.
(4) Despite anything to the contrary in any Act or law (other than the Charter of Human Rights and Responsibilities Act 2006 ), every document or other information held by the Director or the Panel immediately before the commencement day that is relevant to a pending contested application to which this clause applies is on that day taken to be a document or information of the new Commission.
9 Pending contested application referred to Panel in respect of which there is no Panel report
(1) This clause applies if—
(a) before the commencement day, a contested application has been considered by the Panel; and
(b) the applicant and each objector has been given an opportunity to be heard; and
(c) the Panel has not given the Director its report in respect of the application under section 46(3).
(2) On and after the commencement day, the new Commission—
(a) may have regard to any record of the hearings conducted by the Panel; and
(b) must determine the contested application.
(3) For the purposes of this clause, this Act as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission.
(4) Despite anything to the contrary in any Act or law (other than the Charter of Human Rights and Responsibilities Act 2006 ), every document or other information held by the Panel immediately before the commencement day that is relevant to a pending contested application to which this clause applies is on that day taken to be a document or information of the new Commission.
10 Contested applications in respect of which Panel has given Panel report
(1) This clause applies if before the commencement day, the Panel has given the Director its report in respect of a contested application under section 46(3).
(2) On and after the commencement day the new Commission must have regard to that report but otherwise determine the contested application.
(3) For the purposes of this clause, this Act as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission.
(4) Despite anything to the contrary in any Act or law (other than the Charter of Human Rights and Responsibilities Act 2006 ), every document or other information held by the Panel immediately before the commencement day that is relevant to a pending contested application to which this clause applies is on that day taken to be a document or information of the new Commission.
11 Tribunal inquiries
(1) This clause applies if an application has been made to the Tribunal to conduct an inquiry into a licensee or permittee under section 90 before the commencement day in respect of which the Tribunal has not made an order under that section.
(2) On and after the commencement day, the Tribunal must conduct an inquiry in respect of an application to which this section applies under sections 90 to 93 as in force immediately before that day.
(3) If, after conducting an inquiry specified under subsection (2), the Tribunal orders the suspension of a LCRA licence or permit under section 91 as in force immediately before the commencement day, that suspension (including the period specified for that suspension by the Tribunal) is, on and after the date of the order, taken to be a suspension imposed by the new Commission under Division 1 of Part 6.
(4) If, after conducting an inquiry specified under subsection (2), the Tribunal orders the imposition of a fine under this Act as in force immediately before the commencement day, that fine is taken, on and after the date of the order, to be a fine imposed by the new Commission under Division 1 of Part 6.
(5) If, after conducting an inquiry specified under subsection (2), the Tribunal orders the variation of a LCRA licence or permit under section 91(2) as in force immediately before the commencement day, that variation is taken, on and after the date of the order, to be a variation imposed by the new Commission under Division 1 of Part 6.
(6) If, after conducting an inquiry specified under subsection (2), the Tribunal orders that the licensee or permittee or any director or nominee of the licensee or permittee (if it is a body corporate) or any member of the committee of management or nominee of the licensee or permittee (if it is a club) or any person who, whether directly or indirectly, is concerned or takes part in the management of a licensed premises be disqualified from holding a permission specified in section 92(1)(a), (b), (c), (d), (e) or (f) as in force immediately before the commencement day, that disqualification is taken, on and after the date of the order, to be a disqualification imposed by the new Commission under section 93D.
(7) If, during or after an inquiry specified under subsection (2), the Tribunal orders the endorsement of the name of the owner or a mortgagee of a licensed premises or their agent on a LCRA licence or permit under section 93 as in force immediately before the commencement day, that endorsement is taken, on and after the date of the order, to be an endorsement of the new Commission under section 93E.
12 Documents or information of Director
Despite anything to the contrary in any Act or law (other than the Charter of Human Rights and Responsibilities Act 2006 ), every document or other information held by the Director or the Panel immediately before the commencement day that is relevant to the functions of the new Commission is, on that day, taken to be a document or information of the new Commission.
13 Notices
A notice given, issued or served by the Director under this Act that is in force immediately before the commencement day is, on that day, taken to be a notice given, issued or served by the new Commission.
14 Applications, approvals, decisions or other actions of Director
(1) Subject to this Schedule, this section applies if immediately before the commencement day—
(a) the Director has commenced to do something required or permitted to be done under this Act; and
(b) the Director has not completed that thing before that day.
(2) On and after the commencement day, the new Commission may continue to do and complete that thing as if the Act had not been amended by the Victorian Commission for Gambling and Liquor Regulation Act 2011 .
(3) Anything done by the Director before the commencement day in respect of that thing is, on and after that day, taken to have been done by the new Commission.
(4) For the purposes of this clause, this Act as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission.
15 Taxes
No duty or other tax is chargeable under any Act in respect of anything done under this Schedule or in respect of any act or transaction connected with or necessary to be done by reason of this Schedule, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the Director.
16 Validity of things done under this Schedule
Nothing effected or to be effected by this Schedule or done or suffered under this Schedule—
(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or
(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act (other than the Charter of Human Rights and Responsibilities Act 2006 ) or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or
(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any relevant property; or
(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or
(f) is to be regarded as frustrating any contract; or
(g) releases any surety or other
obligor wholly or in part from any obligation.
Sch. 5 inserted by No. 20/2018 s. 32.