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This is a Bill, not an Act. For current law, see the Acts databases.
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
Part 1.1Magistrates Court (Liquor Infringement Notices) Regulation 201061
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
A Bill for
An Act to amend the
and the Liquor Regulation 2010
, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Liquor Amendment Act 2017.
(1) The following provisions commence on 1 July 2017:
• section 6
• sections 8 and 9
• section 11
• sections 14 to 16
• section 19
• sections 22 to 27
• sections 31 and 32
• sections 46, 48 and 50
• sections 52 to 54
• sections 56 to 71
• sections 76 and 77
• sections 85 and 90
• sections 92 to 94
• sections 100 to 106
• sections 108 to 110
• sections 115, 116, 118 and 119.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
(2) The remaining provisions commence on the day after this Act’s notification day.
This Act amends the
and the
.
Note This Act also amends other legislation (see sch 1).
4 Application of
Act—generally
Section 6, example 2
substitute
2
(Cwlth), s 34
in division 1.1, insert
8A Application of Act—supply of liquor by exempt business
(1) The provisions of this Act relating to the supply of liquor do not apply if—
(a) the supply is in the course of conducting an exempt business; and
(b) the liquor is not supplied to a child or young person.
(2) In this section:
exempt business means any of the following:
(a) a business providing traveller accommodation that, in an accommodation unit operated by the business, supplies liquor to a member of the travelling public;
Examples—supply of liquor in accommodation unit
• minibar
• room service
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(b) a florist or gift maker business that packages liquor together with flowers, food or other gifts where the liquor supplied with each package—
(i) does not exceed 1.5L; and
(ii) has a value not exceeding half the sale price of the package;
(c) a hairdressing or barber business that supplies liquor without charge for consumption at the business’ premises where the supply is ancillary to the business’ services;
(d) any of the following if the supply of liquor does not exceed 2 standard drinks per person per day:
(i) a hospital;
(ii) a home or residential care service provider;
(iii) a retirement village;
(iv) a hospice;
(e) a limousine or tour business if—
(i) the business provides services to no more than 12 adults; and
(ii) the supply does not exceed 2 standard drinks per person; and
(iii) the supply is ancillary to the business’ services and without charge.
traveller accommodation—see the Civil Law (Wrongs) Act 2002
, section 145.
6 What is a
licence?
Section 16, definition of licence, new
paragraph (da)
insert
(da) a catering licence; or
7 What is a club
licence?
Section 20, definition of club licence,
new paragraph (d) (ia)
insert
(ia) who is at the licensed premises as a temporary member of the club under
the
; or
insert
20A What is a catering licence?
(1) In this Act:
catering licence means a licence that authorises the licensee to sell liquor—
(a) in the course of conducting a catering business; and
(b) in open containers for consumption at premises where the business is being conducted; and
(c) at the licensed times; and
(d) where the predominant activity at the licensed times is the serving of food for consumption at the premises.
(2) In this section:
catering business means a food business providing a food catering service.
food business means a food business under the Food Act 2001
, whether or not the business is required to be registered under that Act.
9 Licence—application
Section
25 (2) (c) (v)
before
the proposed licensed premises; and
insert
for a licence other than a catering licence—
insert
(da) include evidence that the operation of the business at the premises under the proposed licence complies with—
(i) the lease where the premises are located; and
(ii) the
; and
before
include evidence that
insert
for a licence other than a catering licence—
omit
substitute
(f) for an application prescribed by regulation—include a risk-assessment management plan for the premises.
14 Licence—decision on
application
Section 27 (2) (d) and (f)
before
the proposed licensed premises
insert
for a licence other than a catering licence—
15 Licence—form
Section
30 (1) (b) (iv)
before
the address of the licensed premises
insert
for a licence other than a catering licence—
substitute
(v) the licensed times when—
(A) for a licence other than a catering licence—liquor to be consumed at the licensed premises may be sold (if any); and
(B) for a licence other than a catering licence—liquor to be consumed off the licensed premises may be sold (if any); and
(C) for a catering licence—liquor to be consumed at the premises where the catering business is being conducted may be sold;
17 Licence—conditions
Section
31 (1), new note
insert
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
18 Section 31 (2), examples and note 1
omit
omit
Licences may be renewed under s 43.
omit
after the note, insert
(3) Without limiting subsection (2) (b), the commissioner may impose 1 or more of the following conditions on a licence:
(a) that stated inspection requirements must be complied with;
(b) that stated reporting requirements must be complied with;
(c) that stated records must be kept;
(d) that security guards or additional security guards must be engaged generally or for stated events;
(e) that staff and security guards must be trained to a required level of competency;
(f) that people must not be allowed to enter the licensed premises after a stated time;
(g) for an on licence—that liquor must not be served in glass after midnight;
(h) for an on licence—that shots of liquor must not be served after midnight;
(i) that security cameras must be fitted on the licensed premises or on other land under the control of the licensee in the vicinity of the licensed premises;
(j) that stated requirements about security cameras must be complied with.
(4) A regulation may prescribe requirements in relation to a security camera mentioned in subsection (3) (i) and (j).
22 Licence—term
Section
32 (2) and (3)
substitute
(2) A licence issued on or after the commencement day continues in force until it is cancelled or surrendered.
(2A) A licence issued before the commencement day expires on the day prescribed by regulation.
(3) However, the commissioner may decide on reasonable grounds that a licence mentioned in subsection (2A) expires on an earlier day.
after the note, insert
(5) In this section:
commencement day means the day the Liquor Amendment Act 2017, section 22 commences.
substitute
Division 2.4 Licences—notification and public consultation
substitute
33 Application and definition—div 2.4
(1) This division applies to the following applications:
(a) an application under section 25 (Licence—application) for a licence;
(b) an application under section 38 (Licence—amendment on application by licensee)—
(i) to amend a licence from 1 subclass of on licence to another subclass of on licence; or
(ii) to increase the occupancy loading for a public area at the licensed premises; or
(iii) to increase the licensed times for the sale of liquor at the licensed premises.
(2) In this division:
relevant premises means—
(a) for an application mentioned in subsection (1) (a)—the proposed licensed premises; and
(b) for an application mentioned in subsection (1) (b)—the licensed premises.
insert
33A Licence—notice of application to certain entities
(1) The commissioner must give written notice of an application to the following:
(a) the chief health officer;
(b) the chief police officer;
(c) the director-general of the administrative unit responsible for the Children and Young People Act 2008
;
(d) the director-general of the administrative unit responsible for the Education Act 2004
;
(e) the director-general of the administrative unit responsible for the Environment Protection Act 1997
;
(f) the director-general of the administrative unit responsible for the Litter Act 2004
;
(g) the director-general of the administrative unit responsible for the Road Transport (Public Passenger Services) Act 2001
;
(h) any other person prescribed by regulation.
(2) If a place (an adjoining place) other than unleased land adjoins the relevant premises, the commissioner must also give the notice to the registered proprietor of the lease of the adjoining place.
Note For how documents may be given, see the Legislation Act
, pt 19.5.
(3) The notice must comply with the requirements prescribed by regulation.
(4) The commissioner is taken to have given notice to the registered proprietor of a lease that is a lease of a unit identified in a units plan if the notice is given to the owners corporation for the units plan.
(5) In this section:
adjoins—a place adjoins relevant premises if the place touches the premises, or is separated from the premises only by a road, reserve, river, watercourse or similar division.
lease, of a unit—see the Unit Titles Act 2001
, dictionary.
registered proprietor, in relation to a lease, means the person
who is registered under the
as proprietor of the lease.
units plan—see the Unit Titles Act 2001
, dictionary.
33B Commissioner may ask for information from commissioner for revenue
(1) This section applies if—
(a) the commissioner is required to give notice of an application to the registered proprietor of a lease under section 33A; and
(b) the registered proprietor is uncontactable or the commissioner reasonably believes the registered proprietor is uncontactable.
(2) The commissioner may, in writing, ask the commissioner for revenue for either of the following:
(a) the person’s name;
(b) the person’s home address or other contact address.
(3) The commissioner for revenue must disclose the information required in a request made in accordance with subsection (2).
(4) In this section:
uncontactable—a registered proprietor is uncontactable if the commissioner does not have, or only has incomplete or outdated information about, either of the following:
(a) the registered proprietor’s name;
(b) a home address or other contact address for the registered proprietor.
27 Sections 37 (1) (c) and 38 (4) (c)
before
the licensed premises
insert
for a licence other than a catering licence—
28 Licence—amendment for change
to floor plan of licensed premises
New section 39 (2) (aa)
insert
(aa) include evidence that the operation of the business under the licence at the premises, as intended to be changed, complies with—
(i) the lease where the premises are located; and
(ii) the
; or
omit
after
on licence
insert
(other than a restaurant and cafe licence that is not required to have an approved risk-assessment management plan)
31 Licence—application for
renewal
Section 42 (1)
omit
A licensee
substitute
The licensee of a licence issued before the commencement day
insert
(5) In this section:
commencement day means the day the Liquor Amendment Act 2017, section 31 commences.
in division 2.5, insert
46A Licence—immediate suspension for failure to pay fee
(1) This section applies if—
(a) the commissioner gives a licensee a written notice to pay a fee payable under this Act; and
(b) the licensee fails to pay the fee within 7 days after the day the notice is given.
(2) The commissioner may give the licensee a written notice (the immediate suspension notice) suspending the licence.
(3) The suspension takes effect when the immediate suspension notice is given to the licensee.
(4) The suspension ends when the fee is paid.
Note A failure to pay a fee within 28 days after the day an immediate suspension notice is given is a ground to cancel a licence (see s 183 (3)).
34 Permit—application
New
section 50 (2) (ba)
insert
(ba) if the premises are wholly or partly enclosed, include evidence that the operation of the business at the premises under the proposed permit complies with—
(i) the lease where the premises are located; and
(ii) the
; and
omit
36 Permit—conditions
Section
55 (1), new note
insert
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
37 Section 55 (2), examples and notes
omit
insert
(3) Without limiting subsection (2) (b), the commissioner may impose 1 or more of the following conditions on a permit:
(a) that stated inspection requirements must be complied with;
(b) that stated reporting requirements must be complied with;
(c) that stated records must be kept;
(d) that security guards or additional security guards must be engaged generally or for stated events;
(e) that staff and security guards must be trained to a required level of competency;
(f) that people must not be allowed to enter the permitted premises after a stated time;
(g) that any liquor guidelines made by the commissioner under section 223 must be complied with;
(h) that liquor must not be served in glass after midnight;
(i) that shots of liquor must not be served after midnight.
Note Permits may be amended under s 57 or 58.
Non-commercial
permits may be renewed under s 62.
39 What is an eligible
club?
Section 70, definition of eligible club, paragraph
(b) (iv)
before
prohibits the supply
insert
subject to paragraph (ba),
40 Section 70, definition of eligible club, new paragraph (ba)
insert
(ba) may allow the supply of liquor to a person who is on the club premises as a temporary member of the club under the Gaming Machine Act 2004
; and
substitute
79 Commissioner may require plan etc for premises
substitute
(a) evidence that the operation of the business at the premises under the proposed licence or permit complies with—
(i) the lease where the premises are located; and
(ii) the
;
43 Risk-assessment management
plan—availability
Section 90A
after
an approved risk-assessment
insert
a management
insert
90B Risk-assessment management plan—direction to prepare plan
(1) This section applies if—
(a) a licensed premises operated under a restaurant or cafe licence does not have an approved risk-assessment management plan; and
(b) the commissioner is satisfied that the premises requires an approved risk-assessment management plan.
(2) The commissioner may, by written notice given to the licensee, direct the licensee to—
(a) prepare a risk-assessment management plan; and
(b) submit the plan for approval under section 90.
(3) In giving the notice to the licensee, the commissioner must tell the licensee that the plan must be submitted to the commissioner before the end of a stated period of at least 14 days after the day the notice is given.
(4) In responding to a notice under this section, the licensee must comply with any requirements prescribed by regulation.
(5) The commissioner may, in writing, require the licensee to allow the commissioner to inspect the premises within a stated reasonable time.
90C Approved risk-assessment management plan—amendment on direction from commissioner
(1) This section applies if an approved risk-assessment management plan is in force for licensed premises or permitted premises.
(2) The commissioner may, by written notice (an amendment notice) given to the licensee or permit-holder, direct the licensee or permit-holder to amend the plan in the way stated in the notice.
(3) In giving the notice to the licensee or permit-holder (the respondent), the commissioner must tell the respondent that an amendment of the plan must be submitted to the commissioner before the end of a stated period of at least 14 days after the day the notice is given.
(4) In responding to a notice under this section, the respondent must comply with any requirements prescribed by regulation.
(5) The commissioner may, in writing, require the respondent to allow the commissioner to inspect the premises within a stated reasonable time.
in part 6, insert
92A Offence—licensee fail to comply with direction to prepare approved risk-assessment management plan
A licensee commits an offence if—
(a) the licensee is given a direction to prepare an approved risk-assessment management plan under section 90B; and
(b) the licensee fails to comply with the direction.
Maximum penalty: 20 penalty units.
92B Offence—failure to amend approved risk-assessment management plan
(1) A licensee commits an offence if—
(a) the licensee is given an amendment notice under section 90C (2) (Approved risk-assessment management plan—amendment on direction from commissioner); and
(b) the licensee fails to comply with the notice.
Maximum penalty: 20 penalty units.
(2) A permit-holder commits an offence if—
(a) the permit-holder is given an amendment notice under section 90C (2); and
(b) the permit-holder fails to comply with the notice.
Maximum penalty: 20 penalty units.
46 Offence—supply liquor without
RSA certificate—licensee or permit-holder
Section 100 (1) (c)
and (3) (c)
substitute
(c) the supply happens at—
(i) if the licensee holds a catering licence—the catered premises; or
(ii) in any other case—the licensed premises; and
insert
(6) For this section, a licensee or commercial permit-holder that is a corporation holds a current RSA certificate, if each person in the corporation having day-to-day control of the premises operated under the licence or commercial permit holds a current RSA certificate.
48 Offence—supply liquor without
RSA certificate—employee
Section 101 (1) (c)
substitute
(c) the supply happens at—
(i) if the licensee holds a catering licence—the catered premises; or
(ii) in any other case—the licensed premises; and
49 Offence—fail to keep RSA
certificates
Section 103 (1) (b) and (2) (b)
omit
copy of an
insert
copy of a current
substitute
(ii) each person employed to supply liquor at—
(A) if the licensee holds a catering licence—the catered premises; or
(B) in any other case—the licensed premises;
51 What is
intoxicated?
Section 104 (b)
substitute
(b) it is reasonable in the circumstances to believe that the affected speech, balance, coordination or behaviour is the result of the consumption of—
(i) liquor; or
(ii) a drug; or
(iii) a combination of liquor and a drug.
(2) In this section:
drug—see the Road Transport (Alcohol and Drugs) Act 1977
, dictionary, definition of drug, paragraphs (a) and (b).
52 Sections 105 (1) (d) and (3) (d) and 106 (1) (d)
substitute
(d) the supply happens at—
(i) if the licensee holds a catering licence—the catered premises; or
(ii) in any other case—the licensed premises.
53 Offence—supply liquor to
intoxicated person—other person
New section 107 (1) (c)
(ia)
insert
(ia) catered premises; or
after
licensed premises
insert
or catered premises
55 Offence—fail to display sign
about abuse offence
Section 109
omit
56 Sections 110 (1) (d) and (3) (d) and 111 (1) (d)
substitute
(d) the supply happens at—
(i) if the licensee holds a catering licence—the catered premises; or
(ii) in any other case—the licensed premises.
after
licensed premises
insert
or catered premises
58 Offence—supply liquor to child
or young person—other person
New section 112 (1) (c)
(ia)
insert
(ia) catered premises; or
after
licensed premises
insert
or catered premises
after
licensed premises
insert
or catered premises
61 Offence—child or young person
consume liquor—licensee or permit-holder
Section 114 (1)
(b)
omit everything after
low-alcohol liquor
substitute
at—
(i) if the licensee holds a catering licence—the catered premises; or
(ii) in any other case—the licensed premises; and
62 Offence—child or young person
consume liquor
New section 115 (b) (ia)
insert
(ia) catered premises; or
63 Offence—child or young person
possess liquor—licensee or permit-holder
Section 116 (1)
(b)
omit everything after
low-alcohol liquor
substitute
at—
(i) if the licensee holds a catering licence—the catered premises; or
(ii) in any other case—the licensed premises; and
omit everything after
employment at the
substitute
premises; or
65 Offence—child or young person
possess liquor
New section 117 (1) (b) (ia)
insert
(ia) catered premises; or
omit everything after
employment at the
substitute
premises; or
67 Offence—send child or young
person to obtain liquor
New section 119 (1) (a) (ia) and (2) (a)
(ia)
insert
(ia) catered premises; or
omit everything after
employment at the
substitute
premises; or
substitute
131 Incident reporting
(1) A licensee or permit-holder must give the commissioner a written report about any incident that happens at licensed premises or permitted premises.
Note If a form is approved under s 228 for this provision, the form must be used.
(2) The report must include the following details:
(a) a description of the incident;
(b) the date and time the incident happened;
(c) the name, address and contact details of each person connected with the incident including—
(i) each employee of the licensee or permit-holder connected with the incident; and
(ii) each person working as a crowd controller at the premises connected with the incident; and
(iii) each police officer connected with the incident;
(d) for a document seized under section 124 (1)—
(i) the date and time when the document was seized; and
(ii) a copy of the receipt given under section 124 (3);
(e) any action taken in relation to the incident.
(3) However, if a police officer deals with the incident, the report—
(a) must include—
(i) the contact details for the police officer; and
(ii) the time the police officer started dealing with the incident; and
(b) need not include any further details about the incident that happened after that time.
(4) The report must be given to the commissioner within 24 hours after the incident happened.
substitute
132 Offence—fail to report incident
71 Section 132 (1) (b) and (2) (b)
substitute
(b) does not give the commissioner a report under section 131 within 24 hours after an incident happened.
substitute
138 Offence—remain in or re-enter vicinity of premises
(1) A person commits an offence if—
(a) the person has been refused admission to or turned out of premises under section 143B; and
(b) the person—
(i) remains in the vicinity of the premises; or
(ii) re-enters the vicinity of the premises within 6 hours after being refused admission or turned out.
Maximum penalty: 20 penalty units.
(2) Subsection (1) does not apply if the person—
(a) reasonably fears for the person’s safety if the person does not remain in or re-enter the vicinity of the premises; or
(b) must remain in or re-enter the vicinity of the premises to get transport; or
(c) lives in the vicinity of the premises.
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code
, s 58).
(3) An offence against this section is a strict liability offence.
(4) In this section:
vicinity of premises means any place that is less than 50m from any point on the boundary of the premises.
insert
139A Offence—take liquor from on licensed premises
(1) A person commits an offence if—
(a) the person is an on licensee; and
(b) another person—
(i) buys liquor at the on licensed premises; and
(ii) takes the liquor away from the premises.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if the person—
(a) bought liquor at on licensed premises; and
(b) takes the liquor away from the premises.
Maximum penalty: 10 penalty units.
(3) An offence against this section is a strict liability offence.
(4) This section does not apply if—
(a) the person taking the liquor away from the premises is—
(i) the on licensee; or
(ii) an employee of the licensee; or
(iii) a family member of the licensee; or
(b) the liquor is the unconsumed portion of wine in an opened bottle that the person bought for consumption on the premises with a meal.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (4) (see
, s 58).
in division 8.8, insert
143A Offence—fail to comply with direction to display sign
(1) A person commits an offence if the person—
(a) is a licensee; and
(b) the person is directed, in writing, by the commissioner to display a sign at the licensed premises of the licensee; and
(c) the person fails to—
(i) display the sign; or
(ii) display the sign in accordance with the direction.
Maximum penalty: 10 penalty units.
(2) A person commits an offence if the person—
(a) is a permit-holder; and
(b) the person is directed, in writing, by the commissioner to display a sign at the permitted premises of the permit-holder; and
(c) the person fails to—
(i) display the sign; or
(ii) display the sign in accordance with the direction.
Maximum penalty: 10 penalty units.
(3) An offence against this section is a strict liability offence.
insert
Division 8.9 Excluding people from premises
143B Excluding people from premises
(1) An authorised person may refuse to admit to, or may turn out of, licensed premises or permitted premises a person who is intoxicated, violent, quarrelsome or disorderly.
(2) An authorised person may use reasonable force to turn a person out of licensed premises or permitted premises under subsection (1).
(3) This section does not limit any other right a person has to refuse to admit a person to, or to turn a person out of, licensed premises or permitted premises.
(4) In this section:
authorised person means—
(a) a police officer; and
(b) for licensed premises—
(i) the licensee; or
(ii) an employee or agent of the licensee; or
(iii) a person working as a crowd controller at the premises; and
(c) for permitted premises—
(i) the permit-holder; or
(ii) an employee or agent of the permit-holder; or
(iii) a person working as a crowd controller at the premises.
before
licensed premises
insert
catered premises,
77 Section 143B (4), definition of authorised person
substitute
authorised person means—
(a) a police officer; and
(b) for catered or licensed premises—
(i) the licensee; or
(ii) an employee or agent of the licensee; or
(iii) a person working as a crowd controller at the premises; and
(c) for permitted premises—
(i) the permit-holder; or
(ii) an employee or agent of the permit-holder; or
(iii) a person working as a crowd controller at the premises.
78 Commissioner may direct licensee,
permit-holder, employee etc
Section 144 (2), new example
insert
3 to a licensee to remove or discontinue a promotion that is a prohibited promotional activity under s 137
insert
Division 9.1A Direction to give security camera images
145A Commissioner or police may direct licensee to give security camera images
(1) This section applies if—
(a) a licensee has, in accordance with a condition imposed under section 31 (2) (b), fitted 1 or more security cameras; and
(b) the commissioner or a senior police officer believes on reasonable grounds that there is, or is likely to be—
(i) a contravention of this Act; or
(ii) a breach of the licence.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
(2) The commissioner or senior police officer may, in writing, direct the licensee to give the commissioner or senior police officer images recorded by a security camera within 5 days after the direction is given.
145B Offence—fail to comply with direction to give security camera images
A licensee commits an offence if—
(a) the licensee is given a direction under section 145A; and
(b) the licensee fails to comply with the direction.
Maximum penalty: 100 penalty units, 12 months imprisonment or both.
80 Form of complaint
Section
177 (3)
omit
81 Grounds for occupational
discipline—licensee
New section 183 (3)
insert
(3) There are grounds to cancel a licence if—
(a) the licensee was given an immediate suspension notice under section 46A (Licence—immediate suspension for failure to pay fee); and
(b) the licensee failed to pay the fee within 28 days after the immediate suspension notice was given.
insert
Part 11A Compliance testing
187A Definitions—pt 11A
In this part:
approved procedures means procedures approved under section 187D (1) for carrying out an approved program of compliance testing.
approved program means a program of compliance testing approved under section 187C (1).
authorised person does not include a police officer.
compliance test—see section 187B.
purchase assistant—see section 187B (a).
187B What is a compliance test?—pt 11A
For this part, a compliance test—
(a) involves a young person (a purchase assistant), under the supervision of an authorised person, purchasing, or trying to purchase, liquor from a licensee; and
(b) is carried out to obtain evidence that may lead to the prosecution of a person, or other action being taken against a person, for an offence against section 110 (Offence—supply liquor to child or young person—licensee or permit-holder); and
Example—other action
action under pt 11 (Complaints and occupational discipline)
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
(c) may involve the purchase assistant and the authorised person engaging in conduct that would, apart from section 187F (Lawfulness of compliance testing), be an offence against a territory law.
187C Approval of compliance testing programs
(1) The Minister may approve a program of compliance testing.
(2) However, the Minister must not approve a program of compliance testing unless—
(a) the Minister is satisfied that the program is necessary to deter the sale of liquor to children and young people in the area where the program will operate; and
(b) the program states the area where the program will operate and when the program begins and ends; and
(c) the program is not longer than 3 months; and
(d) the Minister has approved procedures under section 187D.
Examples—considerations—par (a)
1 evidence of sales to children in the area where the program will operate
2 the success of other enforcement methods
3 the results of previous compliance tests in the area where the program will operate
4 the period since compliance testing was previously carried out in the area where the program will operate
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
187D Approval of compliance testing procedures
(1) The Minister may approve procedures for carrying out approved programs of compliance testing.
(2) The Minister must not approve procedures under subsection (1) unless satisfied that the procedures—
(a) provide that, in carrying out a compliance test, a purchase assistant’s welfare is paramount; and
(b) appropriately protect a purchase assistant’s health and safety; and
(c) allow a purchase assistant to stop taking part in a compliance test at any time during the test; and
(d) ensure that, as far as practicable, a purchase assistant’s identity is protected during a compliance test; and
(e) require a purchase assistant to be, as far as practicable, indistinguishable from other purchasers and to look like a young person; and
(f) require a purchase assistant not to lie to anyone about how old the assistant is during a compliance test; and
(g) only allow a compliance test to take place during normal business hours or at any other time when the premises where the test takes place is being used in relation to the licensee’s normal business; and
(h) comply with anything else prescribed by regulation.
(3) An approval is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
187E Carrying out compliance testing
(1) An authorised person may carry out a compliance test in accordance with an approved program and the approved procedures.
(2) An authorised person may use a young person as a purchase assistant in a compliance test only if the young person, and at least 1 person who has parental responsibility under the Children and Young People Act 2008
, division 1.3.2 for the young person, have given informed consent to the young person being a purchase assistant.
Note If 2 or more people share parental responsibility for a child or young person, any of them may discharge the responsibility (see Children and Young People Act 2008
, s 18 (2)).
(3) Each consent under subsection (2) must be in writing.
(4) In this section:
informed consent, by a person, means consent given by the person after the following matters have been explained to the person:
(a) a purchase assistant’s role in a compliance test, including the assistant’s role in any prosecution of a person for an offence against section 110 (Offence—supply liquor to child or young person—licensee or permit-holder);
(b) the effect of section 187F and section 187G (Indemnification of authorised people and purchase assistants);
(c) anything else required by the approved procedures.
187F Lawfulness of compliance testing
(1) Despite any other territory law, conduct engaged in honestly by an authorised person is not unlawful, and is not an offence by the person, if the conduct is engaged in for the purpose of carrying out a compliance test in accordance with an approved program and the approved procedures.
(2) Despite any other territory law, conduct engaged in honestly by a purchase assistant is not unlawful, and is not an offence by the assistant, if—
(a) the conduct is engaged in for the purpose of carrying out a compliance test; and
(b) the assistant acts in accordance, or substantially in accordance, with the instructions (if any) of an authorised person supervising the compliance test.
(3) However, this section does not—
(a) authorise a purchase assistant to enter or be in a place that would be otherwise unlawful for the assistant to enter or be in; or
(b) prevent action being taken against an authorised person under the Public Sector Management Act 1994
in relation to a failure by the authorised person or a purchase assistant to comply with approved procedures.
Example—par (a)
an adults-only area
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
187G Indemnification of authorised people and purchase assistants
(1) An authorised person is not civilly liable for conduct engaged in for the purpose of carrying out a compliance test in accordance with an approved program and the approved procedures.
(2) A purchase assistant is not civilly liable for conduct engaged in for the purpose of carrying out a compliance test if the assistant acts in accordance, or substantially in accordance, with the instructions (if any) of an authorised person for the test.
(3) However, this section does not prevent action being taken against an authorised person under the Public Sector Management Act 1994
in relation to a failure of the authorised person or a purchase assistant to comply with approved procedures.
(4) Any liability that would, apart from this section, attach to an authorised person or purchase assistant attaches instead to the Territory.
substitute
193 What is an RSA certificate?
(1) In this Act:
RSA certificate, for a person, means—
(a) a certificate by an approved RSA training provider for an approved RSA training course—
(i) certifying that the person satisfactorily completed the course on a stated day; and
(ii) stating when the certificate expires; or
(b) an interstate RSA certificate.
(2) In this section:
interstate RSA training provider means a registered training organisation that holds an approval (however described), under a law in force in Australia relating to the supply or consumption of liquor, to provide a training course about the responsible service of alcohol.
interstate RSA certificate, for a person, means a certificate issued by an interstate RSA training provider or under a law in force in Australia relating to the supply or consumption of liquor—
(a) certifying that the person satisfactorily completed, on a stated day, a course about the responsible service of alcohol; and
(b) stating when the certificate expires.
84 Prohibited liquor
products
Section 213 (1) and examples
substitute
(1) The Minister may declare a thing containing liquor to be a prohibited liquor product if satisfied that—
(a) the thing is likely to—
(i) have a special appeal to children or young people; or
(ii) be confused with confectionery or a non-alcoholic drink; or
(b) the thing’s name or packaging—
(i) is indecent or offensive; or
(ii) is likely to encourage irresponsible, rapid or excessive consumption of the contents; or
(c) it is otherwise in the public interest to do so.
Examples—par (a)
1 a thing with packaging that would appeal to children
2 a thing with a name that could be confused with confectionery
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
insert
Division 14.4 Authorisation for extended trading
214A Extended trading—application
(1) This section applies to a licensee who holds any of the following:
(a) a general licence;
(b) an on licence;
(c) a club licence;
(d) a special licence.
(2) The licensee may apply to the commissioner for an extended trading authorisation for the licensed premises.
(3) The application must—
(a) be in writing; and
(b) include the following:
(i) a description of the special event;
(ii) the date the person intends to sell liquor under the authorisation;
(iii) the period during which the person intends to sell liquor under the authorisation;
(iv) how the licensee intends to limit the impact of the extended trading on occupants of premises near the licensed premises.
(4) In this section:
extended trading authorisation, for licensed premises, means an authorisation for the licensee to supply liquor at the premises on the date and during the extended hours stated in the authorisation.
special event means a unique or infrequent event of significance in the ACT, the region or nationally that people independent of the licensee and anyone connected with the licensee wish to celebrate or mark on the licensed premises.
214B Extended trading—decision on application
The commissioner may approve an application under section 214A only if satisfied that—
(a) the event stated in the application is a special event; and
(b) the licensee is capable of managing any additional risks involved in the sale of liquor during the extended trading period; and
(c) the licensee is capable of minimising the impact of the extended trading on occupants of premises near the licensed premises; and
(d) no more than 5 extended trading authorisations have been granted for the licensed premises in the preceding 12 months.
insert
224B Evidentiary certificates—licensees and permit holders
In a court proceeding, a certificate signed by the commissioner stating either of the following matters is evidence of the matters:
(a) that, on each stated day, a stated person was or was not the holder of a licence of the stated kind in relation to the stated premises;
(b) that, on each stated day, a stated person was or was not the holder of a permit in relation to the stated premises.
87 Dictionary, definitions of ACTPLA certificate and applicant
omit
88 Dictionary, new definitions
insert
approved procedures, for part 11A (Compliance testing)—see section 187A.
approved program, for part 11A (Compliance testing)—see section 187A.
89 Dictionary, definition of authorised person
substitute
authorised person—
(a) for this Act generally, means—
(i) an investigator; or
(ii) a police officer; and
(b) for part 11A (Compliance testing)—see section 187A.
90 Dictionary, new definitions
insert
catered premises means premises where liquor is authorised to be sold under a catering licence.
catering licence—see section 20A.
91 Dictionary, new definition of compliance test
insert
compliance test, for part 11A (Compliance testing)—see section 187B.
92 Dictionary, definition of incident register
omit
93 Dictionary, definition of licensed premises
after
licence
insert
(other than a catering licence)
94 Dictionary, definition of licensed times
after
licensed premises
insert
or catered premises
95 Dictionary, new definition of purchase assistant
insert
purchase assistant, for part 11A (Compliance testing)—see section 187B (a).
96 Further amendments, mentions of hold an RSA certificate
omit
hold an RSA certificate
substitute
hold a current RSA certificate
in
• sections 100 to 102
97 Further amendments, mentions of section 79
omit
section 79 (Commissioner may require certificate, plan, etc for premises)
substitute
section 79 (Commissioner may require plan etc for premises)
in
• section 27
• sections 38 and 39
• section 43
• section 51
• section 58
• section 62
• sections 76 and 77
• section 186
in part 2, insert
5A Licence application—Act, s 25 (2) (f)
An application for any of the following licences is prescribed:
(a) a general licence for the sale of liquor in open containers for consumption at licensed premises;
(b) an on licence (other than a restaurant and cafe licence with standard licensed times);
(c) a club licence for the sale of liquor in open containers for consumption at the licensed premises;
(d) a special licence for the sale of liquor in open containers for consumption at the licensed premises.
insert
7A Licence conditions—requirements for security cameras—Act, s 31 (4)
(1) A security camera must—
(a) capture images continuously at a minimum rate of 6 frames per second; and
(b) be connected to a video recorder that—
(i) stores images captured by the camera; and
(ii) complies with subsection (2).
(2) A video recorder must—
(a) for a digital video recorder—
(i) record continuously at a minimum rate of 6 frames per second for each security camera connected to the video recorder; and
(ii) be in open format whether or not the recorder can produce exported images in a proprietary format; and
(b) for a video cassette recorder—record continuously the images captured by each security camera connected to the video recorder; and
(c) put the following on the recording in legible and retrievable form:
(i) the time and date of the capture of images;
(ii) the identity of the camera that captured the images, sufficient to identify the camera’s location.
(3) Security camera images must—
(a) be of adequate quality and detail to enable identification of a person; and
(b) be recorded from the time the licensed premises is open to the public until 1 hour after the licensed premises is closed; and
(c) be stored by the licensee for at least 30 days.
(4) In this section:
video recorder means a digital video recorder or video cassette recorder that records video images from a security camera.
100 Licence term—Act, s 32
(2)
Section 8 (1)
after
A licence
insert
issued before the commencement day
insert
(3) In this section:
commencement day means the day the Liquor Amendment Act 2017, section 100 commences.
102 Public notice
requirements—Act, s 34 (2) (b)
Section 9 (2)
omit everything before
section 34 (1) (b)
substitute
A notice given for the Act
, section 33A (1) or published for the Act
,
103 Licence maximum renewal
period—Act, s 42 (1)
Section 12
after 1st mention of
A licence
insert
issued before the commencement day
insert
(2) In this section:
commencement day means the day the Liquor Amendment Act 2017, section 103 commences.
105 Suitability of
premises—cumulative impact
Section 15 (2) (c)
substitute
(c) the number of incidents recorded in the incident registers of existing licensed premises and existing permitted premises near the proposed premises;
(ca) the number of incidents reported after the commencement date for existing licensed premises and existing permitted premises near the proposed premises;
Note A licensee or permit-holder must give the commissioner a report about any incident that happens at premises—see the Act
, s 131.
insert
(3) In this section:
incident register means the incident register required under
the
, section 131 as in force immediately before the commencement of the Liquor Amendment Act 2017, section 105.
107 Abuse offence sign—Act, s 109
(1) (b) and (2) (b)
Section 22
omit
omit
substitute
32 Licensed times and permitted times—definitions—Act, s 229 (2) (a)
In this regulation:
1am licensed times, for a licence, means the licensed times in schedule 2, part 2.1, column 5 for the class of licence and case (if any) mentioned in column 2.
1am permitted times, for a permit, means the permitted times in schedule 2, part 2.2, column 4 for the class of permit mentioned in column 2.
2am licensed times, for a licence, means the licensed times in schedule 2, part 2.1, column 6 for the class of licence and case (if any) mentioned in column 2.
2am permitted times, for a permit, means the permitted times in schedule 2, part 2.2, column 5 for the class of permit mentioned in column 2.
3am licensed times, for a licence, means the licensed times in schedule 2, part 2.1, column 7 for the class of licence and case (if any) mentioned in column 2.
3am permitted times, for a permit, means the permitted times in schedule 2, part 2.2, column 6 for the class of permit mentioned in column 2.
4am licensed times, for a licence, means the licensed times in schedule 2, part 2.1, column 8 for the class of licence and case (if any) mentioned in column 2.
4am permitted times, for a permit, means the permitted times in schedule 2, part 2.2, column 7 for the class of permit mentioned in column 2.
5am licensed times, for a licence, means the licensed times in schedule 2, part 2.1, column 9 for the class of licence and case (if any) mentioned in column 2.
5am permitted times, for a permit, means the permitted times in schedule 2, part 2.2, column 8 for the class of permit mentioned in column 2.
early licensed times, for a licence, means the licensed times in schedule 2, part 2.1, column 3 for the class of licence and case (if any) mentioned in column 2.
standard licensed times, for a licence, means the licensed times in schedule 2, part 2.1, column 4 for the class of licence and case (if any) mentioned in column 2.
standard permitted times, for a permit, means the permitted times in schedule 2, part 2.2, column 3 for the class of permit mentioned in column 2.
110 Licensed times and permitted
times—Act, s 229 (2) (a)
New section 33 (2) (aa)
before paragraph (a), insert
(aa) early licensed times;
111 Toilet facilities and toilet
rooms
Schedule 1, section 1.2 (5) and (6) (d)
omit
112 Toilet cubicles and toilet
rooms
Schedule 1, section 1.3 (b)
omit
113 Toilet facilities and toilet rooms
outside premises
Schedule 1, section 1.4 (2)
omit
114 Telephones
Schedule 1,
section 1.16
omit
115 Purchase report to
commissioner—off licensees
Schedule 1, section 1.19 (2)
omit
1 month after the relevant date, give the commissioner the following information, in writing, about liquor purchased by the licensee during the reporting period
substitute
2 months after the end of each financial year, give the commissioner the following information, in writing, about liquor purchased by the licensee during the financial year
116 Schedule 1, section 1.19 (3), definitions of relevant date and reporting period
omit
substitute
1.26 Glasswashers
Glasses used at the premises must be washed in a glasswasher.
substitute
Part 2.1 Licensed times
(see s 32)
|
column 1
item
|
column 2
licence class and case (if any)
|
column 3
early licensed times
|
column 4
standard licensed times
|
column 5
1am licensed times
|
column 6
2am licensed times
|
column 7
3am licensed times
|
column 8
4am licensed times
|
column 9
5am licensed times
|
|---|---|---|---|---|---|---|---|---|
|
1
|
general licence
• sale of liquor to be consumed at the premises
|
|
7am – midnight
7am – 1am the following day on:
• 25 April
• 24 December
• 31 December
|
7am – 1am the following day
|
7am – 2am the following day
|
7am – 3am the following day
|
7am – 4am the following day
|
7am – 5am the following day
|
|
|
• sale of liquor to be consumed off the premises
|
|
7am – 11pm
|
|
|
|
|
|
|
2
|
on licence
|
|
7am – midnight
7am – 1am the following day on:
• 25 April
• 24 December
• 31 December
|
7am – 1am the following day
|
7am – 2am the following day
|
7am – 3am the following day
|
7am – 4am the following day
|
7am – 5am the following day
|
|
3
|
off licence
|
7am – 6pm
|
7am – 11pm
|
|
|
|
|
|
|
4
|
club licence
|
|
7am – midnight
7am – 1am the following day on:
• 25 April
• 24 December
• 31 December
|
7am – 1am the following day
|
7am – 2am the following day
|
7am – 3am the following day
|
7am – 4am the following day
|
7am – 5am the following day
|
|
5
|
special licence
• sale of liquor to be consumed at the premises
|
|
7am – midnight
7am – 1am the following day on:
• 25 April
• 24 December
• 31 December
|
7am – 1am the following day
|
7am – 2am the following day
|
7am – 3am the following day
|
7am – 4am the following day
|
7am – 5am the following day
|
|
|
• sale of liquor to be consumed off the premises
|
|
7am – 11pm
|
|
|
|
|
|
|
6
|
catering licence
|
|
7am – midnight
7am – 1am the following day on:
• 25 April
• 24 December
• 31 December
|
7am – 1am the following day
|
7am – 2am the following day
|
7am – 3am the following day
|
7am – 4am the following day
|
7am – 5am the following day
|
omit
• incident register
Schedule 1 Consequential Amendments
(see s 3)
Part 1.1 Magistrates Court (Liquor Infringement Notices) Regulation 2010
omit
[1.2] Schedule 1, new items 40A and 40B
insert
|
40A
|
139A (1)
|
20
|
440
|
|
40B
|
139A (2)
|
10
|
220
|
[1.3] Schedule 1, new items 44A and 44B
insert
|
44A
|
143A (1)
|
10
|
220
|
|
44B
|
143A (2)
|
10
|
220
|
Part 1.2 Major Events Act 2014
[1.4] Section 24 (8), definition of ban order offence, paragraph (c) (ii)
substitute
(ii) section 138 (Offence—remain in or re-enter vicinity of premises).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 23 March 2017.
2 Notification
Notified under the
on 2017.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2017
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