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LIQUOR CONTROL ACT 1988


TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   3A.     Term used: drunk
            
   4.      Storing and receiving liquor for licensed premises at other premises; records to be kept
            
   5.      Objects of Act
            
   6.      Act not to apply in certain cases

   PART 2 -- The licensing authority

           Division 1 -- The licensing authority  

   7.      Constitution and jurisdiction of licensing authority

           Division 2 -- The Liquor Commission  

   8.      Commission established
            
   9.      Jurisdiction of Commission
            
   9A.     Constitution of Commission

           Division 2A -- Members of the Commission  

   9B.     Commission members
            
   9C.     Tenure of office
            
   9D.     Deputy chairperson
            
   9E.     Removal or resignation
            
   9F.     Leave of absence
            
   9G.     Member whose term has expired may continue in office
            
   9H.     Remuneration and conditions of office

           Division 2B -- Other matters  

   9I.     Decisions of Commission to be written etc.
            
   9J.     Seal of Commission
            
   9K.     Annual reports by Commission
            
   9L.     Laying annual report before House of Parliament not sitting
            
   9M.     Protection and immunity of members, parties etc.

           Division 3 -- The Director of Liquor Licensing  

   13.     Functions of and hearings by Director
            
   14.     Inspectors etc., appointment of etc.

           Division 4 -- Other staff of the licensing authority  

   15.     Director may delegate etc.

           Division 5 -- Proceedings before the licensing authority  

   16.     Procedure, sittings, use of experts, evidentiary rules etc.
            
   17.     Representation of parties
            
   18.     Witnesses and evidence, powers to summon etc.
            
   18A.    Enforcing decisions
            
   19.     Enforcing monetary penalties
            
   20.     Contempt etc.
            
   21.     Costs
            
   22.     Rules of Commission
            
   23.     Proof of process; protection from personal liability

           Division 6 -- Reference to the Commission, review and appeals  

   24.     Director may refer matters to Commission
            
   25.     Review of Director’s decisions
            
   26.     Some Director’s decisions have effect despite application to review
            
   27.     Question of law, Commission may state to Supreme Court
            
   28.     Appeals against Commission’s decisions
            
   29.     Licence or permit continues to have effect pending appeal

           Division 7 -- Confidential police information  

   30.     Confidential police information, use and protection of

   PART 3 -- Licences and permits

           Division 1 -- General matters  

   30A.    Licences to sell liquor, grant and nature of
            
   30B.    Power of attorney does not empower donee to act for licensee under this Act
            
   31.     Licences, generally
            
   32.     Duration of licences
            
   33.     Powers of licensing authority when deciding applications
            
   34.     Certain applications not to be decided
            
   35.     Persons who may hold licences
            
   35A.    Trustees for unincorporated bodies
            
   36.     Two or more licences for same premises, restrictions on
            
   36A.    Petrol stations in some areas not to be granted licences
            
   37.     Pre-requisites for grants of licences etc.; conditions on licences
            
   37A.    Conviction of licensee etc., duty to inform Director
            
   37B.    Fingerprints etc., licensing authority’s powers to obtain

           Division 2 -- Licences  

   38.     Some applications not to be granted unless in the public interest
            
   39.     Certificate of local government as to whether premises comply with laws
            
   40.     Certificate of planning authority as to whether use of premises complies with planning laws
            
   41.     Hotel licence, kinds, conditions and effect of
            
   42.     Nightclub licence, effect and conditions of
            
   43.     Nightclub licence, pre-requisites for grant of
            
   44.     Casino liquor licence, effect and conditions of
            
   45.     Casino liquor licence, pre-requisites for grant of
            
   46.     Special facility licence, pre-requisites for grant of
            
   46A.    Special facility licence, restrictions on varying
            
   46B.    Alternatives to granting or varying special facility licences
            
   47.     Liquor store licence, effect of
            
   48.     Club licence, kinds, conditions and effect of
            
   49.     Club licence, pre-requisites for grant of
            
   50.     Restaurant licence, effect and conditions of
            
   51.     Unlicensed restaurants, supply of liquor in
            
   52.     Liquor sold or consumed with meals, effect of extended trading permit which authorises; evidentiary provisions
            
   53.     Restaurant licence and extended trading permit, effect of may be restricted as to selling liquor with meals
            
   55.     Producer’s licence, effect of
            
   56.     Production of liquor by person, presumption of
            
   57.     Producer’s licence, pre-requisites for grant of
            
   58.     Wholesaler’s licence, effect and conditions of
            
   59.     Occasional licence, effect, conditions and pre-requisites for grant of

           Division 4 -- Permits  

   60.     Extended trading permit, purposes, effect and conditions of
            
   61.     Extended trading permit for extended area (s. 60(4)(h)), pre-requisites for grant of
            
   61A.    Extended trading permit for the sale of wine or beer (s. 60(4)(ia))

           Division 5 -- Conditional grants or approvals  

   62.     Uncompleted premises, conditional grant or removal in case of
            
   62A.    Pending certificate (s. 39 or 40) etc., conditional grant in case of
            
   62B.    Pending approval etc. (s. 77(5)), conditional approval of alteration etc. in case of

           Division 6 -- Conditions, generally  

   63.     Terms fixed and conditions imposed by Act, only some can be varied etc.
            
   64.     Imposing, varying and cancelling conditions
            
   65.     Packaged liquor, conditions relating to sale of for consumption off licensed premises
            
   65A.    Petrol station not to be established on premises from which packaged liquor is sold
            
   65B.    Promoting liquor, regulations may prescribe conditions about

           Division 7 -- Applications  

   66.     Plans and specifications of premises, requirements as to
            
   67.     Advertisement of applications
            
   68.     Form, manner, notice and public inspection of applications
            
   69.     Advertising, referring, investigating and intervening in applications
            
   70.     Club licence applications, intervening in
            
   72.     Owner etc. of premises, when consent of required; right of owner, lessee etc. to object
            
   73.     Objecting to applications, general right and rules as to
            
   74.     Objecting to applications, grounds for etc.
            
   75.     Occasional licence, applications for
            
   76.     Extended trading permit, applications for
            
   77.     No alteration of licensed premises without approval; application for approvals of alterations or redefinition of premises

           Division 8 -- Removals  

   78.     Casino liquor licence not removable without authority
            
   79.     Licence relating to transport, when removable
            
   80.     Temporary removal or redefinition of licence
            
   81.     Applications for removal of licence

           Division 9 -- Transfers  

   82.     Applications for transfer of licences
            
   82A.    Transfer of licence between licence holders
            
   83.     Certain licences not transferable
            
   84.     Pre-requisites for transfer of licence
            
   85.     Transferee to succeed to certain of transferor’s liabilities and rights

           Division 10 -- Interim authorisations and protection orders  

   86.     Interim authorisations to carry on business under licence
            
   87.     Protection orders, grant and term of etc.
            
   88.     Protection order, effect of
            
   89.     Dispute as to terms of lease, Director’s powers in case of

           Division 11 -- Suspensions  

   91.     Suspension of licence or permit in the public interest
            
   92.     Suspension because business has ceased etc.
            
   92A.    Cancellation of suspension
            
   93.     Cancellation of suspended licences

           Division 12 -- Surrenders  

   94.     Surrendering licences

           Division 13 -- Disciplinary matters  

   95.     Disciplinary action against licensees, grounds and procedure for
            
   96.     Disciplinary action, powers to take

   PART 4 -- The conduct of business

           Division 1 -- Hours of trading  

   97.     Permitted hours generally
            
   98.     Hotel licence, permitted hours under
            
   98A.    Nightclub licence, permitted hours under
            
   98B.    Casino liquor licence, permitted hours under
            
   98C.    Special facility licence, permitted hours under
            
   98D.    Liquor store licence, permitted hours under
            
   98E.    Club licence and club restricted licence, permitted hours under
            
   98F.    Restaurant licence, permitted hours under
            
   98G.    Producer’s licence, permitted hours under
            
   98H.    Wholesaler’s licence, permitted hours under

           Division 2 -- Maintenance of the premises  

   99.     Duty to keep premises clean and in good repair; powers to enforce duty and require alterations

           Division 3 -- Supervision and management

              Subdivision 1 -- Licensed premises to be supervised and managed  

   100.    Licensee’s duties
            
   101.    Managers etc., liabilities of

              Subdivision 2 -- Approval of managers  

   102A.   Terms used
            
   102B.   Applications for and granting approvals
            
   102C.   Conditions on manager’s approval
            
   102D.   Duration of manager’s approval
            
   102E.   Renewal of manager’s approval
            
   102F.   Disciplinary action against approved managers
            
   102G.   Approval may be cancelled on request

              Subdivision 3 -- General matters  

   102.    Management and control of incorporated licensees, approvals required
            
   103.    Owners of licensed premises to notify Director of certain matters

           Division 3A -- Responsible practices in selling, supplying and serving liquor  

   103AA.  Register of responsible practices’ training
            
   103A.   Regulations about training people in responsible practices

           Division 4 -- Profit sharing  

   104.    Profit sharing etc. prohibited without approval

           Division 5 -- Lodgers  

   105.    Persons deemed lodgers of licensed premises in some cases
            
   106.    Liquor supplied to lodgers etc., conditions applying to
            
   107.    Loss of lodger’s property, licensee’s liability for

           Division 6 -- The sale and consumption of liquor, etc.  

   108.    Certain licensees to exhibit charges for meals and liquor
            
   109.    Sale of liquor, offences as to
            
   110.    Licensed premises and sports arenas, offences as to
            
   111.    Trading outside permitted hours, offences as to
            
   112.    Exceptions to s. 109, 110 and
            
   113.    Offence under s. 109, 110 or 111, finding as to unlawful dealing in liquor; forfeiture of liquor
            
   113A.   Websites of some licensees, information to be displayed on
            
   114.    Closure of licensed premises, police powers as to
            
   115.    Drunk etc. people, offences as to, refusal of entry to etc.
            
   115AA.  Banning people from licensed premises, Commissioner of Police’s power for
            
   115AB.  Delegation by Commissioner of Police
            
   115AC.  Publication of details of people banned under s. 115AA
            
   115AD.  Review of s. 115AA notices
            
   115AE.  Permitting entry to premises contrary to s. 115AA notice
            
   115A.   Drinking water to be provided free at certain licensed premises
            
   116.    Documents to be displayed etc. at premises and produced
            
   116A.   Register of incidents at licensed premises to be maintained

           Division 7 -- Complaints to Director  

   117.    Noise or behaviour related to licensed premises, complaints about

           Division 8 -- Liquor on unlicensed premises  

   118.    Persons purporting to be licensee
            
   119.    Unlicensed premises etc., offences as to

           Division 8A -- Conduct of unapproved businesses on or from licensed premises  

   119A.   Non-liquor businesses on licensed premises, conduct of requires approval

           Division 9 -- Juveniles  

   120.    When juveniles permitted on licensed premises
            
   121.    Licensed premises, offences as to juveniles
            
   122A.   Supplying juveniles with alcohol on unlicensed premises
            
   122.    Regulated premises, offences as to juveniles
            
   123.    Possession etc. of liquor, offences by juveniles
            
   124.    Sending juveniles to obtain liquor, offence
            
   125.    Defences to offences under this Division
            
   126.    Suspected juveniles, authorised persons’ powers as to, offences by
            
   126A.   Entertainment for juveniles on licensed premises, application for approval of
            
   126B.   Entertainment for juveniles on licensed premises, approval of

           Division 10 -- Miscellaneous  

   126C.   Crowd controllers to be authorised when exercising powers of removal
            
   126D.   Undesirable liquor products, declaration of and offence as to
            
   126E.   Special events, operation of Act may be modified for

   PART 5 -- Financial provisions

           Division 1 -- Licence fees  

   127.    Payment of licence fees
            
   128.    Regulations about licence fees

           Division 2 -- Subsidies  

   129.    Terms used
            
   130.    Subsidies for wholesalers and producers
            
   131.    Application for subsidy
            
   132.    Director to pay subsidies
            
   133.    Consolidated Account appropriated
            
   134.    Correcting incorrect subsidy payments
            
   135.    Failure to correct incorrect subsidy application
            
   136.    Minister may order subsidies to cease

           Division 3 -- Power of Commission with respect to moneys due  

   143.    Order for payment of money

           Division 4 -- Records and returns  

   145.    Records of liquor transactions to be kept by licensees etc.
            
   146.    Information to be given to Director in returns

           Division 5 -- Recovery of illegal gains  

   147.    Illegal gains, estimation and recovery of

           Division 6 -- Information  

   148.    Information etc., Director’s powers to obtain
            
   149.    Use of information, Director’s powers as to
            
   150.    Premises and records, Director’s right of access to etc.
            
   151.    Licensing authority may assist other authorities
            
   152.    Disclosure of information by officials

   PART 5A -- Prohibition orders  

   152A.   Terms used
            
   152B.   Commissioner of Police may apply for prohibition orders
            
   152C.   Evidence in support of s. 152B application
            
   152D.   Notice of s. 152B application etc. to be given to relevant person
            
   152E.   Director may make prohibition orders
            
   152F.   Term of prohibition orders
            
   152G.   Applications to vary or revoke prohibition orders
            
   152H.   Evidence in support of s. 152G application
            
   152I.   Notice of s. 152G application etc. to be given to respondent
            
   152J.   Director may vary or revoke prohibition orders
            
   152K.   Service and publication of prohibition orders
            
   152L.   Failing to comply with prohibition orders
            
   152M.   Permitting entry to premises contrary to prohibition order
            
   152NA.  Relationship with Criminal Organisations Control Act 2012

   PART 5B -- Liquor restricted premises  

   152N.   Terms used
            
   152O.   Liquor on liquor restricted premises, offences as to
            
   152P.   Declaration of liquor restricted premises
            
   152Q.   Liquor restriction declarations, power to make
            
   152R.   Service etc. of liquor restriction declarations
            
   152S.   Notice of liquor restriction declaration to be displayed at premises
            
   152T.   Duration of liquor restriction declarations
            
   152U.   Varying liquor restriction declarations
            
   152V.   Revoking liquor restriction declarations
            
   152W.   Applications generally
            
   152X.   Decisions under Part 5B not subject to review under s. 25

   PART 6 -- Enforcement  

   153.    Authorised officers etc., functions and reports of
            
   154.    Authorised officers, powers of entry etc., offences as to
            
   155.    Police, powers of to enter, seize liquor etc.
            
   156.    Local governments, functions of
            
   157.    Evasion of fees due etc., offence
            
   158.    Failing to comply with licensing authority’s requirements etc., offence
            
   159.    False or misleading statements and records, offence
            
   160.    Information about offences, power to obtain
            
   161.    Search warrants, issue and execution of
            
   162.    Separate offences and continuing offences
            
   163.    Sale of liquor, presumption of in some cases
            
   164.    Bodies corporate and partnerships, offences by
            
   165.    Licensee liable for act of employee etc.
            
   166.    General penalty
            
   167.    Infringement notices
            
   168.    Prosecutions, institution of
            
   169.    Prosecutions, hearing of and limitation periods for
            
   170.    Evidentiary provisions as to proof of certain facts
            
   171.    Accomplices, who are not, evidence of
            
   172.    Averments in charges, proof of certain documents and facts
            
   172A.   Forfeiture of liquor etc. on conviction or payment of modified penalty

   PART 7 -- General  

   173.    Pending review etc. not to affect liability
            
   174.    Service of documents
            
   174A.   Criminal and Found Property Disposal Act 2006, application of
            
   175.    Regulations
            
   177.     Transitional provisions (Sch. 1)
            
   177A.   Transitional provisions for Liquor and Gaming Legislation Amendment Act 2006(Sch. 1A)
            
   177B.   Transitional provisions for Liquor Control Amendment Act 2010(Sch. 1B)
            
   178.    Review of Act
           SCHEDULE 1 -- Transitional provisions  
           SCHEDULE 1A -- Transitional provisions relating to the Liquor and Gaming Legislation Amendment Act 2006  
           SCHEDULE 1B -- Transitional provisions relating to the Liquor Control Amendment Act 2010  
           SCHEDULE 2 -- Unincorporated clubs
           Compilation table


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