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LIQUOR AMENDMENT REGULATION 2012 (NO 1) (NO 13 OF 2012)
2012
LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL
TERRITORY
LIQUOR AMENDMENT REGULATION 2012 (No
1)
SUBORDINATE LAW NO SL2012-13
EXPLANATORY STATEMENT
Simon Corbell MLA
Attorney-General
LIQUOR AMENDMENT REGULATION 2012 (No
1)
SUBORDINATE LAW NO. SL2012-13
Overview
The Liquor Act 2010 regulates the sale, supply, promotion and
consumption of liquor in a way that minimises harm associated with the
consumption of liquor and takes into account the safety of the community.
The Liquor Amendment Regulation amends schedule 1, part 1.5, section
1.20 (1) of the Liquor Regulation 2010, which was made under the
Liquor Act 2010 and commenced on 1 December 2010. The amendment
relaxes the regulatory burden on the ACT liquor and hospitality industry by
removing the legal obligation on liquor retailers to give information about the
volume of annual liquor sales to Government.
Only off licensees who sell
liquor by wholesale at wholesale prices to liquor retailers will be required to
provide this information to Government. In circumstances where an off licensee
is both a wholesaler and a retailer of liquor, the off licensee is only required
to provide the information about wholesale liquor sales not retail liquor sales
to Government. Liquor retailers are no longer required to provide this
information to Government.
The collection of alcohol sales data in the
ACT is part of the National Alcohol Sales Data Project (NASDP), which is funded
by the Commonwealth Department of Health and Ageing. The overall objective of
the NASDP is to construct an ongoing, regularly updated, national database of
standardised alcohol sales data, which includes all Australian
states/territories.
The NASDP monitors alcohol consumption trends by
regularly estimating per capita alcohol consumption for all participating
states/territories and provides an annual report on consumption by region. It
also provides an annual report on consumption by region containing summaries of
alcohol sales data and per capita alcohol consumption estimates for all
participating states/territories and the Commonwealth, and provides standardised
alcohol sales data sets for use by jurisdictions.
Collection of alcohol
sales data enables governments to closely monitor the sale and supply of
alcoholic substances, identify emerging trends in use and harms and support
intelligence led policing and health service delivery.
Collecting this
important alcohol sales data from ACT off licensees, who sell liquor by
wholesale to liquor retailers, will assist the Government better target scarce
regulatory resources where they are most needed in the community.
The
Regulation is made under section 229 of the Liquor Act 2010.
Summary of Sections
This section names the Regulation as the Liquor Amendment
Regulation 2012 (No 1).
Section 2 Commencement
This
section states that the Regulation will commence on the day after it is
notified.
Section 3 Legislation amended
This section
states that this regulation amends the existing Liquor Regulation
2010.
This section requires off licensees, who sell liquor by wholesale to
liquor retailers, to give written information about the volume in litres of
various kinds of wholesale liquor sales, not later than one month after the end
of each financial year, to the Commissioner for Fair Trading and Chief Health
Officer.
Off licensees who sell liquor by wholesale and retail, only
need to provide annual sales data information for wholesale, not retail liquor
sales.
This policy is consistent with alcohol sales data being provided
by liquor wholesalers in other jurisdictions, which are also participating in
the National Alcohol Sales Data Project.
Section 5 Dictionary, note
3
This section inserts the term ‘off licence’ in note 3
of the dictionary in the Liquor Regulation 2010.