LIQUOR CONTROL ACT 1988 - SECT 3
LIQUOR CONTROL ACT 1988 - SECT 3
3 . Terms used
(1) In this Act,
unless the contrary intention appears —
approved restricted manager means a person
approved under section 102B(1)(b);
approved unrestricted manager means a person
approved under section 102B(1)(a);
assessment in relation to a subsidy includes
determining eligibility to receive the subsidy and the calculation of the
subsidy;
authorised officer means —
(a) the
Director; or
(b) an
inspector; or
(c) a
person specifically authorised by the Director under a delegated authority
conferred pursuant to section 15 to carry out the functions, or particular
functions, of an authorised officer; or
(d) a
police officer;
authorised person , in relation to licensed or
regulated premises, means —
(a) the
licensee or occupier of the premises; or
(b) a
manager of the premises; or
(c) an
employee or agent of the licensee or occupier or a manager; or
(d) a
police officer;
banned drinker has the meaning given in
section 152YA;
banned drinker area means an area prescribed under
section 175(1G);
banned drinker order has the meaning given in
section 152YB;
banned drinkers register has the meaning given in
section 152Y;
barring notice has the meaning given in
section 115AA(2);
beer means liquor of the type known as beer, ale,
lager, porter, or stout or any other type of liquor produced by brewing;
casino , casino complex , casino complex agreement
, and casino gaming licence have the same respective meanings as in the
Casino Control Act 1984 ;
casino liquor licence means a licence granted
under section 44;
cellar door permit has the meaning given in
section 61A(1);
chairperson means the chairperson of the
Commission;
Chief Health Officer has the meaning given in the
Public Health Act 2016 section 4(1);
club licence means a licence granted under
section 48, which may be granted without restriction or as a club restricted
licence;
club restricted licence means a club licence of
the kind referred to in section 48(1);
Commission means the Liquor Commission established
under section 8;
Commissioner of Police means the Commissioner of
Police appointed under the Police Act 1892 or a police officer authorised to
act on behalf of the Commissioner of Police under subsection (6);
condition includes —
(a) a
limitation, restriction or prohibition; and
(b) in
relation to a licence, any provision of that licence affecting the
authorisation conferred,
whether or not it purports to be expressed by way
of a condition;
confidential police information means any
information or document classified by the Commissioner of Police as
confidential under section 30(1);
consume , in relation to liquor, includes inhale
and absorb;
crowd control agent has the same meaning as it has
in the Security and Related Activities (Control) Act 1996 section 34;
crowd controller’s licence means a licence
issued for the purposes of the Security and Related Activities (Control) Act
1996 section 37;
decision includes an order, direction or
determination;
Department means the department of the Public
Service principally assisting in the administration of this Act;
Department’s website means a website
maintained by or on behalf of the Department;
dining area means —
(a) a
separate room or defined area; or
(b) a
clearly distinct part of a separate room or defined area,
used solely or primarily for the supply of meals;
director , in relation to a body corporate,
includes —
(a) a
member of the board or committee of management of the body corporate; and
(b) a
person occupying or acting in a position to which paragraph (a) refers, by
whatever name the position is called and whether or not validly appointed to
occupy or duly authorised to act in the position; and
(c) any
person in accordance with whose directions or instructions directors of the
body corporate are accustomed to act;
Director or Director of Liquor Licensing means the
chief executive officer of the Department;
disqualified means —
(a) in
relation to an applicant for a licence — a person to whom section 34(2)
applies; and
(b) in
relation to the occupier of a position of authority in a body corporate that
holds or seeks a licence — a person to whom section 34(2) or an order
made under section 96(1)(g) applies;
drunk has the meaning given by section 3A(1);
extended trading permit means a permit issued
under section 60;
function means a gathering, occasion or event
(including a sporting contest, show, exhibition, trade or other fair, or
reception) at which it is proposed that liquor be sold or supplied to those
present;
Gaming and Wagering Commission means the Gaming
and Wagering Commission established under the Gaming and Wagering Commission
Act 1987 ;
gross turnover , in relation to a licence, means
the gross proceeds derived by the licensee from the sale of liquor under the
licence;
guest , in relation to licensed premises under a
club licence, means a person who not being a member of the club is introduced
to the club by a member in accordance with the rules of the club;
hotel licence means a licence granted under
section 41, which may be granted without restriction, as a hotel restricted
licence, as a tavern licence or tavern restricted licence;
hotel restricted licence means a hotel licence of
the kind referred to in section 41(1)(b);
inspector means an inspector appointed under
section 14(1)(a);
juvenile means a person under the age of 18 years;
kind , in relation to liquor, means one of the
following kinds —
(a) wine
made from grapes; or
(b) wine
not made from grapes; or
(c)
spirits; or
(d)
beer; or
(e) any
other kind prescribed;
lease includes any tenancy or letting of, or
licence to occupy, premises, in writing or otherwise and, if in writing,
whether by deed or otherwise, and lessee and lessor shall be construed
accordingly;
licence means a licence granted under this Act;
licence fee means the fee payable for a licence in
respect of a licence period or the fee payable in respect of a permit;
licence period , in relation to a licence, means
each calendar year during which, or during any part of which, the licence is
in force;
licensed premises means the premises specified or
defined by the licensing authority in relation to a licence, protection order
or permit as the building or place to which that licence, order or permit
relates;
licensee means a person who holds a licence or
permit under this Act, includes a person who is authorised under section 86 or
87 to carry on business under a licence or as if that person were a licensee,
and may in accordance with section 101 include a reference to a person
appointed or permitted to conduct, supervise or manage the business;
licensing authority means —
(a) in
relation to an application or matter that is, under this Act, to be determined
by the Commission — the Commission; and
(b)
otherwise — the Director;
liquor means —
(a) a
substance intended for human consumption which at 20° Celsius contains
more than 1.15% ethanol by volume, or such other proportion as is prescribed;
and
(b) any
other substance prescribed as being liquor for the purposes of this Act; and
(c) any
thing that, for the purposes of sale, is held out to be such a substance;
liquor merchant means a person who is —
(a)
licensed under this Act, otherwise than by an occasional licence only; or
(b)
authorised under the law of another State, or of a Territory,
to sell liquor;
liquor store licence means a licence granted under
section 47;
lodger means a person residing, whether casually
or permanently, on the premises;
manager , in relation to licensed premises, means
—
(a) an
approved unrestricted manager or approved restricted manager appointed by the
licensee of the premises to supervise and manage the premises; or
(b) a
person appointed in accordance with section 100(3) to act as a temporary
manager of the premises;
meal means food —
(a) that
is eaten by a person sitting at a table, or a fixed structure used as a table,
with cutlery provided for the purpose of eating the food; and
(b) that
is of sufficient substance as to be ordinarily accepted as a meal; and
(c) that
may consist of one or more courses,
but does not include any food prescribed not to be
a meal;
member —
(a) in
relation to a club — includes a person who is a member of the club by
reason of reciprocal arrangements with another club made in accordance with
the rules of the club; and
(b) in
relation to the Commission — means a member of the Commission and
includes the chairperson;
metropolitan area means —
(a) the
region described in the Planning and Development Act 2005 Schedule 3; and
(b) such
other area as may be prescribed;
nightclub licence means a licence granted under
section 42;
occasional licence means a licence granted under
section 59;
owner , in relation to licensed premises or
regulated premises, means a person —
(a)
entitled to the rents or profits of the premises; or
(b) who
would be so entitled if the premises were let at a rent; or
(c) who
is a mesne lessor of the premises; or
(d) who
is attorney or agent for such a person and is capable of giving a valid
receipt for the rent, when such a person is absent from the State,
and includes, where the premises are the subject
of a contract for sale or assignment, both vendor and purchaser;
packaged liquor means liquor delivered to or on
behalf of the purchaser in sealed containers for consumption off the licensed
premises;
party to proceedings includes —
(a) an
objector, unless a determination is made under section 74(4) in relation to
the objection; and
(b) a
person who intervenes in proceedings;
permit means an extended trading permit issued
under section 60;
permitted hours , in relation to licensed
premises, means the hours during which the licensee is, under Part 4 Division
1 or the terms and conditions of the licence, authorised to sell liquor;
premises includes —
(a)
land; or
(b) a
vehicle; or
(c) a
part of premises,
and in relation to an application to which
section 62 applies includes premises proposed to be erected and premises as
proposed to be altered;
prescribed means prescribed in regulations under
section 175;
producer’s licence means a licence granted
under section 55;
proprietary company has the same meaning as it has
in the Corporations Act 2001 of the Commonwealth;
protected entertainment precinct means an area
prescribed under section 175(1E);
protection order means an order made under
section 87 or 89;
public authority means any of the following
—
(a) a
Minister of the State;
(b) an
agency or an organisation as those terms are defined in the
Public Sector Management Act 1994 section 3(1);
(c) a
body, whether incorporated or not, or the holder of an office, post or
position, that is established or continued for a public purpose under a
written law;
reception includes a convention, conference,
seminar or similar function at which people gather in substantial numbers for
a particular purpose (but of which the consumption of liquor is not a
predominant purpose);
reception area means a part of any premises on
which liquor is supplied for consumption ancillary to a meal but not
necessarily during the meal;
record means —
(a) any
book, account, document, paper or other source of information compiled,
recorded or stored in written form or on microfilm, or by electronic or other
means or process; and
(b) the
contents (in an intelligible form) of records that are kept by computer or are
otherwise kept not in a readily intelligible form; and
(c) any
other sources of information prescribed for the purposes of this definition;
regulated premises means premises to which
section 122 applies;
related body corporate has the same meaning as it
has in the Corporations Act 2001 of the Commonwealth;
relative , in relation to a licensee, includes a
de facto partner of the licensee;
removal , in relation to a licence, has the
meaning assigned by section 31(1)(b);
responsible person , in relation to licensed
premises, means —
(a) the
licensee or occupier of the premises; or
(b) a
manager of the premises; or
(c) an
employee or agent of the licensee or occupier or a manager;
restaurant means premises on which meals are, or
upon the grant of a licence in relation to the premises are proposed to be,
regularly prepared for sale, or supplied, and are eaten;
restaurant licence means a licence granted under
section 50;
sample , in relation to a type of liquor, means
the prescribed quantity of that type of liquor;
Secretary , in relation to a club, means the
principal executive officer of the club, for the time being, by whatever name
called and whether or not that person is a member of the club;
sell , in relation to liquor, includes —
(a)
agree or attempt to sell; or
(b)
offer or expose for the purpose of selling; or
(c)
send, forward or deliver for sale or on sale; or
(d)
barter or exchange; or
(e)
dispose, by lot or chance or by auction; or
(f)
supply, or offer, agree or attempt to supply —
(i)
in circumstances in which the supplier derives, or would
be likely to derive, a direct or indirect pecuniary benefit; or
(ii)
gratuitously, but with a view to gaining or maintaining
custom or other commercial advantage;
or
(g)
authorise, direct, cause or permit to be done any act referred to in this
definition,
and includes, in relation to a club, supply to or
to the order of members otherwise than by way of sale, but does not in
relation to any class of licence include the provision of a free sample
authorised by this Act;
ship includes a boat or vessel;
small bar licence means a licence granted under
section 41A;
special facility licence means a licence granted
under section 46;
spirits means potable spirit which at 20°
Celsius contains more than 20.06% ethanol by volume;
subsidy means subsidy within the meaning of
Division 2 of Part 5;
substance , in the definition of liquor , includes
a vapour;
tavern licence means a hotel licence of the kind
referred to in section 41(1)(a);
tavern restricted licence means a hotel licence of
the kind referred to in section 41(1)(c);
this Act includes subsidiary legislation made
under it;
townsite means a townsite under the
Land Administration Act 1997 ;
trustee means a person appointed under
section 35A;
vehicle includes a ship, train or aircraft and any
other conveyance used for the carriage of persons;
wholesaler’s licence means a licence granted
under section 58;
wine includes —
(a)
liquor of the type known as mead, cider, cyser, or perry; or
(b)
liquor obtained from the alcoholic fermentation of grapes or the must of
grapes; or
(c)
liquor obtained from the alcoholic fermentation of other fruit, vegetables,
berries or honey; or
(d)
liquor prescribed as wine,
but does not include liquor which at 20°
Celsius contains more than 20.06% ethanol by volume.
(2) For the purposes
of this Act, liquor shall not be regarded as having been provided by way of
free sample if a charge is made —
(a) for
admission to the premises on which the liquor is supplied; or
(b) for
the hire of glasses or containers or any device or the use of any facility on
the premises; or
(c) for
entertainment or refreshments provided on those premises in circumstances in
which the provision of entertainment or refreshments is related to the
provision of liquor by way of sample, one being incidental or ancillary to the
other.
(3) Where a provision
of this Act operates by reference to a prescribed minimum quantity of liquor,
that provision shall be deemed to allow for a tolerance not exceeding 2% of
the quantity so prescribed.
(4) For the purposes
of this Act, a person occupies a position of authority in a body corporate if
that person —
(a) is a
director of the body corporate; or
(b)
exercises or exerts, or is in a position to exercise or exert, control or
substantial influence over the body corporate in the conduct of its affairs;
or
(c)
manages, or is to manage, the business of the body corporate to be conducted
under a licence; or
(d)
occupies a position, in relation to the body corporate, prescribed to be a
position of authority,
or, where the body
corporate is a proprietary company, if that person is a shareholder in that
proprietary company.
(5) A requirement
under this Act to provide or produce a record is, where the record is not
written or not written in the English language, a requirement to provide or
produce a statement, written in the English language, setting forth such of
the particulars in the record as are not written or are not written in the
English language.
(6) A reference in a
provision of this Act to the Commissioner of Police shall include a police
officer authorised in writing by the Commissioner of Police to act on his or
her behalf for the purposes of this Act, or for the purposes of the particular
provision.
(7) In the definitions
of authorised person and responsible person in subsection (1) —
employee includes —
(a) a
person engaged under a contract for services by the licensee or occupier or a
manager of licensed or regulated premises; and
(b) a
person holding a crowd controller’s licence who is employed by a crowd
control agent engaged under a contract for services by the licensee or
occupier or a manager of licensed premises to supply the services of crowd
controllers at those premises.
[Section 3 amended: No. 56 of 1997 s. 26(1), (2)
and (3); No. 12 of 1998 s. 5 and 70(5); No. 23 of 2000 s. 4; No. 27 of 2000
s. 9; No. 10 of 2001 s. 220; No. 28 of 2003 s. 105; No. 35 of 2003 s. 173(2);
No. 73 of 2006 s. 6 and 106; No. 21 of 2008 s. 675(2); No. 56 of 2010 s. 4,
25, 27 and 35; No. 47 of 2011 s. 27; No. 35 of 2015 s. 4; No. 19 of 2016
s. 162; No. 9 of 2018 s. 4; No. 9 of 2022 s. 424; No. 44 of 2022 s. 5; No. 25
of 2023 s. 4 and 21(1).]