LIQUOR CONTROL ACT 1988
Table of Provisions
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.
- 18AA Notice of decision
- 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
- 25A Commission may refer application for review to State Administrative Tribunal
- 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
- 36B Restrictions on grant or removal of certain licences authorising sale of packaged liquor
- 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
- 37C Register of licensed premises
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
- 41A Effect and conditions of small bar licence
- 41B Small bar licence may be granted as alternative to tavern restricted licence
- 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
- 50A Issue of extended trading permit under s. 60(4)(ca) for certain restaurant licences at time of grant
- 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
- 59A Additional authorisations relating to supply and sale of liquor on licensed premises
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 sale of liquor (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 Conditions relating to sale and delivery of packaged liquor or liquor 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
- 72A Submissions generally
- 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
- 77A Restrictions on alteration or redefinition of certain packaged liquor 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
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
- 98AA Permitted hours under small bar licence
- 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
- 109A Offence to carry liquor in excess of prescribed quantity in prescribed area of State
- 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 Commissioner of Police may bar people from licensed premises
- 115AB Delegation by Commissioner of Police
- 115AC Publication and disclosure of details of people barred under barring notices
- 115ACA Barring notice must be registered in banned drinkers register
- 115AD Review of decision to give barring notice
- 115AE Permitting entry to premises contrary to barring 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, publication and disclosure of prohibition orders
- 152KA Prohibition order must be registered in banned drinkers register
- 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 5AA -- Protected entertainment precincts
Division 1 -- Preliminary
Division 2 -- Short-term exclusion orders
- 152ND Police officer may make short-term exclusion order
- 152NE Provisions in relation to short-term exclusion orders
- 152NF Variation or revocation of short-term exclusion order
- 152NG Automatic revocation of short-term exclusion order if extended exclusion order comes into effect
- 152NH Review of short-term exclusion order
- 152NI Commissioner of Police to issue guidelines
Division 3 -- Extended exclusion orders
- 152NJ Commissioner of Police may apply for extended exclusion order
- 152NK Evidence in support of application for extended exclusion order
- 152NL Notice of application for extended exclusion order must be served on subject person
- 152NM Director may make extended exclusion order
- 152NN Provisions in relation to extended exclusion orders
- 152NO Application for variation or revocation of extended exclusion order
- 152NP Evidence in support of application for variation or revocation
- 152NQ Notice of application for variation or revocation must be given to extended exclusion order respondent
- 152NR Director may vary or revoke extended exclusion order on application
- 152NS Director may vary or revoke extended exclusion order on own initiative
- 152NT Effect of variation or revocation
Division 4 -- General provisions about exclusion orders
- 152NU Effect of changes to protected entertainment precincts on exclusion orders
- 152NV Exclusion order applies at all times unless varied
- 152NW Form of exclusion order
- 152NX Exclusion order must be served and explained
- 152NY Duration of exclusion order
- 152NZ Term of extended exclusion order extended by period in custody
- 152NZA Correcting mistakes in exclusion order
- 152NZB Reasons for decisions and notice of right of review
- 152NZC Publication and disclosure of information about exclusion orders
- 152NZD Offence of further disclosing information about exclusion orders
- 152NZE Relationship with Criminal Organisations Control Act 2012
- 152NZF Orders not affected by other orders under Act
- 152NZG Delegation by Commissioner of Police
- 152NZH Decisions of Commission on review
Division 5 -- Offences
- 152NZI Offence of failing to comply with exclusion order
- 152NZJ Excluded offender must not enter or remain in protected entertainment precinct
- 152NZK Defences for s. 152NZI and 152NZJ
152NZL. Permitting person subject to exclusion order or excluded offender to enter premises
- 152NZM Police officer may require person to give personal details in certain circumstances
Division 6 -- Miscellaneous
Subdivision 1 -- Other notices
- 152NZN Notice must be given to excluded offender
- 152NZO Protected entertainment precincts must be advertised and notified
Subdivision 2 -- Service of documents
- 152NZP Terms used
- 152NZQ Service of exclusion orders and other documents
- 152NZR Time when document served
- 152NZS Proof of service of document
Subdivision 3 -- Other matters
- 152NZT Publication and disclosure of information about excluded offenders
- 152NZU Offence of further disclosing information about excluded offenders
- 152NZV Monitoring by Parliamentary Commissioner
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.
PART 5C -- Banned drinkers
Division 1 -- Preliminary
- 152Y Terms used
- 152YA Who is a banned drinker
- 152YB What is a banned drinker order
- 152YC When banned drinker order, or extension or revocation of banned drinker order, takes effect
Division 2 -- Banned drinker orders made by police officers
- 152YD First police BDO, second police BDO and subsequent police BDO
- 152YE Police officer may make banned drinker order
- 152YF Police officer may make second police BDO or subsequent police BDO
- 152YG Period of banned drinker order
- 152YH Notice and registration of banned drinker order
- 152YI Police officer may require person to give personal details
- 152YJ Revocation of banned drinker order
- 152YK Decision to revoke banned drinker order
Division 3 -- Banned drinker order made on person’s request
- 152YL Person may ask for self-imposed banned drinker order
- 152YM Director must make self-imposed banned drinker order
- 152YN Period of self-imposed banned drinker order
- 152YO Notice of decision and registration of self-imposed banned drinker order
- 152YP Revocation of self-imposed banned drinker order
Division 4 -- Banned drinker order made on application of certain professionals
- 152YQ Application for banned drinker order
- 152YR Director may make banned drinker order
- 152YS Period of banned drinker order
- 152YT Notice of decision and registration of banned drinker order
- 152YU Director may extend banned drinker order
- 152YV Police officer may extend banned drinker order
- 152YW Revocation of banned drinker order
- 152YX Decision to revoke banned drinker order
Division 5 -- Other provisions about banned drinker orders
- 152YY Review of decisions
- 152YZ Decision of Commission on review
Division 6 -- Offences
- 152Z When packaged liquor is sold, or authorised by licence to be sold, in banned drinker area
- 152ZA Offence of knowingly selling packaged liquor to banned drinker
- 152ZB Offence of supplying packaged liquor to banned drinker
Division 7 -- Disclosure and use of information
- 152ZC Disclosure of information about banned drinker order or banned drinker
- 152ZD Restriction on use or disclosure of information
- 152ZE Protection for disclosure in good faith
Division 8 -- Miscellaneous
- 152ZF Condition relating to sale of packaged liquor in banned drinker areas
- 152ZG Banned drinker order or written notice may be given electronically
- 152ZH Director must keep banned drinkers register
- 152ZI Director must establish ID system
- 152ZJ Offence to use or disclose information obtained from banned drinkers register or using ID system
- 152ZK Delegation by Commissioner of Police
PART 6 -- Enforcement
- 153 Authorised officers etc., functions and reports of
- 154 Authorised officers, powers of entry etc., offences as to
- 155 Powers of police to enter premises and 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 Offences by bodies corporate and partnerships
- 164A Liability of officers for offence by body corporate
- 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
- 174B Liquor accords: authorisation for purposes of Competition and Consumer Act 2010 and Competition Code
- 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)
- 177C Transitional provisions for Liquor Control Amendment Act 2018 (Sch. 1C)
- 177D Transitional provisions for Liquor Control Amendment (Protected Entertainment Precincts) Act 2022 (Sch. 1D)
- 177E Transitional provisions for Liquor Control Amendment (Banned Drinkers Register) Act 2023 (Sch. 1E)
- 178 Review of Act