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This is a Bill, not an Act. For current law, see the Acts databases.
RESPONSIBLE TAKEAWAY ALCOHOL HOURS BILL 2010
2008-2009-2010
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Responsible Takeaway Alcohol Hours
Bill 2010
No. , 2010
(Senator Fielding)
A Bill for an Act to restrict the hours during which
takeaway alcoholic beverages can be sold, and for
related purposes
i Responsible Takeaway Alcohol Hours Bill 2010 No. , 2010
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3 Interpretation
......................................................................................
2
4 Constitutional
basis for Act ............................................................... 2
5
Concurrent operation of State and Territory laws .............................. 2
6 Application
of
Act
.............................................................................
2
Part 2--Offences
3
7 Offences
.............................................................................................
3
8
Restriction on selling takeaway alcoholic beverages ......................... 3
9
Restriction on permitting the sale of takeaway alcoholic
beverages ........................................................................................... 3
Part 3--Miscellaneous
4
10 Regulations
........................................................................................
4
Responsible Takeaway Alcohol Hours Bill 2010 No. , 2010 1
A Bill for an Act to restrict the hours during which
1
takeaway alcoholic beverages can be sold, and for
2
related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Responsible Takeaway Alcohol Hours
8
Act 2010.
9
Part 1 Preliminary
Section 2
2 Responsible Takeaway Alcohol Hours Bill 2010 No. , 2010
2 Commencement
1
This Act commences on the day after it receives the Royal Assent.
2
3 Interpretation
3
In this Act:
4
alcoholic beverage includes any beverage with any level of
5
alcoholic content.
6
corporation means a body corporate that:
7
(a) is a foreign corporation; or
8
(b) is a trading corporation formed within the limits of Australia
9
or is a financial corporation so formed; or
10
(c) is incorporated in a Territory; or
11
(d) is the holding company of a body corporate of a kind referred
12
to in paragraph (a), (b) or (c).
13
takeaway alcoholic beverage means any alcoholic beverage, sold
14
in bottles or cans, for consumption in any place other than the
15
premises in which the product is sold, and includes any package
16
containing multiple bottles or cans.
17
4 Constitutional basis for Act
18
This Act relies on:
19
(a) the Commonwealth's legislative powers under paragraph
20
51(xx) and section 122 of the Constitution; and
21
(b) any implied legislative powers of the Commonwealth.
22
5 Concurrent operation of State and Territory laws
23
This Act is not intended to exclude or limit the operation of a law
24
of a State or Territory that is capable of operating concurrently
25
with this Act.
26
6 Application of Act
27
This Act extends to every external territory.
28
Offences Part 2
Section 7
Responsible Takeaway Alcohol Hours Bill 2010 No. , 2010 3
Part 2--Offences
1
2
7 Offences
3
(1) A corporation that contravenes a provision of this Part commits an
4
offence.
5
Note:
Chapter 2 of the Criminal Code sets out the general principles of
6
criminal responsibility.
7
(2) The offence is punishable on conviction by a fine not exceeding
8
100 penalty units.
9
8 Restriction on selling takeaway alcoholic beverages
10
A corporation must not sell takeaway alcoholic beverages during
11
the period from midnight to 7am on any day.
12
9 Restriction on permitting the sale of takeaway alcoholic beverages
13
A corporation must not permit any person to sell takeaway
14
alcoholic beverages during the period from midnight to 7am on any
15
day from any premises owned, operated, leased or otherwise
16
controlled by the corporation.
17
Part 3 Miscellaneous
Section 10
4 Responsible Takeaway Alcohol Hours Bill 2010 No. , 2010
Part 3--Miscellaneous
1
2
10 Regulations
3
The Governor-General may make regulations prescribing matters:
4
(a) required or permitted by this Act to be prescribed; or
5
(b) necessary or convenient to be prescribed for carrying out or
6
giving effect to this Act.
7