LIQUOR ACT 1992

Queensland Consolidated Acts

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LIQUOR ACT 1992

- As at 2 August 2024
- Act 21 of 1992

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

Division 1 - Introduction

1. Short title
2. Commencement
2A. Act binds the Crown
3. Main purposes of Act
3A. Principle underlying this Act for facilitating and regulating the liquor industry
3B. Declaration for Commonwealth Act

Division 2 - Interpretation

4. Definitions
4AA. (Repealed)
4A. Meaning of function
4B. Meaning of liquor
4C. Meaning of associate

Division 3 - Key concepts

4D. (Repealed)
5. Who is a responsible adult for a minor
6. Acceptable evidence of age
7. Presumed quantity of liquor
8. Venue of sale of liquor
9. Ordinary trading hours
9A. When a person may be taken to be unduly intoxicated
10. When supply of liquor is in association with eating a meal
10A. When meal is taken not to have been prepared and served to be eaten on premises
11. Public place

Division 4 - Exemptions and related matters

Subdivision 1 - Exemptions

11A. Meaning of non-profit entity
11B. (Repealed)
12. Exemption for taking, removing or carrying liquor in particular circumstances
13. Exemption for the sale of liquor at fundraising event
14. Exemption for the sale of liquor as part of fundraising raffle
14A. Exemption for hospitals and nursing homes
14AB. Exemption for particular liquors
14B. Other exemptions for the sale of liquor

Subdivision 2 - Notices of non-compliance

14C. Notice of non-compliance for fundraising event

PART 2 - JURISDICTION OF TRIBUNAL

Division 1 - Jurisdiction of the tribunal

15. (Repealed)
15A. (Repealed)
16. (Repealed)
17. (Repealed)
18. (Repealed)
19. (Repealed)
20. (Repealed)
20A. (Repealed)
20B. (Repealed)
20C. (Repealed)
20D. (Repealed)
20E. (Repealed)
20F. (Repealed)
21. Jurisdiction and powers of tribunal
22. (Repealed)
23. (Repealed)
24. (Repealed)
25. (Repealed)
26A. (Repealed)
26. (Repealed)
27. (Repealed)
28. (Repealed)
29. (Repealed)

Division 1A - (Repealed)

Division 2 - Review of decisions by tribunal

29A. Definitions
30. Who may apply for review of decisions
31. Failure to notify about decision
32. Notification of review to interested persons
33. Tribunal to decide review on evidence before the commissioner
34. Tribunal may give leave for review to be decided on new evidence in particular circumstances
35. Appeals from tribunal only to Court of Appeal on a question of law
35A. (Repealed)

Division 3 - (Repealed)

PART 3 - ADMINISTRATION

42. Power of delegation
42A. Commissioner may make guidelines
43. Register of licences, permits and applications to be kept
44. Register open to inspection
44A. Owner, lessee, mortgagee and secured creditors to give particulars to commissioner
45. Court officials to furnish particulars
46. Compliance orders for licensed premises etc.
46A. Compliance orders for unreasonable noise
47. Assistance to public authorities
47A. Publication of information on internet etc.
47B. Exchange of information
47C. Police commissioner to notify of charges
48. Preservation of confidentiality
49. Protection from liability

PART 3A - RISK-ASSESSED MANAGEMENT PLANS

50. Application of pt 3A
51. Approval of plan or revised plan
52. Changing plan on application by licensee
52A. Commissioner may direct licensee to change plan
53. Recording change of plan
54. Conditions about approved plan
55. (Repealed)
56. (Repealed)
57. (Repealed)

PART 4 - LICENCES

Division 1 - Licences under this Act

58. Available licences
58A. Licences subject to conditions imposed under regulation

Division 2 - Commercial hotel licence

59. Principal activity of a business conducted under a commercial hotel licence
60. Authority of commercial hotel licence
61. Restrictions on grant of commercial hotel licence
61A. (Repealed)
62. Consumption of liquor on premises by residents and guests

Division 3 - Commercial special facility licence

63. Principal activity of a business under a commercial special facility licence
64. Authority of commercial special facility licence
65. Restriction on grant of commercial special facility licence
65A. Consumption of liquor on premises by residents and guests

Division 4 - Commercial other licence

Subdivision 1 - General

66. Types of commercial other licence

Subdivision 2 - Subsidiary on-premises licence

67. Principal activity of a business under a subsidiary on-premises licence
67AA. (Repealed)
67A. Principal activity is the provision of meals
67AA. Sale of particular takeaway liquor
67B. Principal activity is the provision of accommodation
67C. Authority of subsidiary on-premises licence
67D. Restriction on grant of subsidiary on-premises licence
67E. Restriction on sale of liquor for consumption off premises

Subdivision 3 - Subsidiary off-premises licence

68. Principal activity of a business under a subsidiary off-premises licence
69. Authority of subsidiary off-premises licence
69A. Restriction on grant of subsidiary off-premises licence

Subdivision 4 - Bar licence

70. Principal activity of a business under a bar licence
70A. Authority of bar licence

Subdivision 5 - Industrial canteen licence

71. Definition for sdiv 5
71A. Principal activity of a business under an industrial canteen licence
71B. Authority of industrial canteen licence
71C. Restriction on grant of industrial canteen licence

Subdivision 6 - Producer/wholesaler licence

72. Principal activity of a business under a producer/wholesaler licence
72A. (Repealed)
72B. (Repealed)
73. Authority of producer/wholesaler licence
73A. (Repealed)
73B. (Repealed)
74. Restriction on grant of producer/wholesaler licence
74A. Sale of craft beer
74B. Sale of artisan spirits
75. Restriction on sale of liquor under producer/wholesaler licence
75A. Venue of promotional event not licensed premises for producer/wholesaler licence

Subdivision 7 - Artisan producer licence

75B. Types of artisan producer licence
75C. Principal activity of a business under an artisan producer licence (beer)
75D. Authority of artisan producer licence (beer)
75E. Principal activity of a business under an artisan producer licence (spirits)
75F. Authority of artisan producer licence (spirits)
75G. Restriction on grant of artisan producer licence
75H. Sale of craft beer at promotional event
75I. Sale of artisan spirits at promotional event
75J. Venue of promotional event not licensed premises for artisan producer licence

Subdivision 8 - (Repealed)

Division 5 - Community club licence

76. Principal activity of business under community club licence
77. Authority of community club licence
78. Restrictions on grant of community club licence
79. Requirements of club and secretary

Division 6 - Community other licence

80. Principal activity of business under community other licence
81. Authority of community other licence
81A. (Repealed)
82. Restriction on grant of community other licence and other related matters
83. Requirements of club and secretary

Division 6A - Nightclub licence

83A. Principal activity of a business under a nightclub licence
83B. Authority of nightclub licence
83C. Restrictions on grant of nightclub licence
83D. Restriction on sale of liquor for consumption off premises

Division 7 - Extended trading hours approval

84. Authority of extended trading hours approval
84A. (Repealed)
85. Application for approval
86. Hours to which application may relate etc.
87. Restriction on grant of extended trading hours approval
88. Review of operation of extended trading hours approval

Division 8 - (Repealed)

Division 9 - Banning use of regular glass in certain licensed premises

96. Definitions for div 9
97. When all or part of licensed premises must be classified as high risk
98. Notice to licensee of licensed premises considered high risk
99. Representations about notice
99A. Ending process without further action
99B. Notice classifying relevant premises as high risk
99C. Obligations of licensee who receives notice that licensed premises are high risk
99D. When licensee may apply to end the banning of regular glass in the licensed premises
99E. Judicial review only to apply to commissioner’s decision
99F. Commissioner may publish details of classification of premises on website
99G. Police commissioner must provide information

PART 4A - PERMITS

Division 1 - Permits under this Act

100. Available permits

Division 2 - Commercial public event permits

101. Definitions for div 2
101AA. Meaning of public event
101A. Commercial public event permit issued jointly to 2 or more licensees
102. Licensee to obtain a commercial public event permit for selling or supplying liquor at public events
102A. (Repealed)
102B. (Repealed)
102C. (Repealed)
102D. (Repealed)
102E. (Repealed)
102F. (Repealed)
102G. (Repealed)
103. Restriction on grant of commercial public event permit
103A. Area defined in commercial public event permit forms part of licensed premises
103B. Authority of commercial public event permit

Division 3 - Community liquor permit

103C. Authority of community liquor permit
103D. Restriction on grant of community liquor permit
103E. Identification of premises
103F. Restriction on consumption or possession of liquor

Division 4 - Extended hours permit

103G. Authority of extended hours permit
103H. Grant of permit for Good Friday, Christmas Day or Anzac Day
103I. Hours to which applications may relate
103IA. Restrictions on grant of permit for trading between 12a.m. and 5a.m.
103IB. Restrictions on grant of permit for trading between 7a.m. and 9a.m.
103IC. Restrictions on grant of permit for trading between 9a.m. and 10a.m.
103J. Maximum number of permits that may be granted
103JAA. Maximum number of late night permits that may be granted in first calendar year of licence

Division 5 - Restricted liquor permit

103JA. Authority of restricted liquor permit
103K. Restriction on grant of restricted liquor permit and other related matters
103L. Duration of permit
103M. Requirements of club and secretary

Division 6 - Adult entertainment permit

103N. Adult entertainment code
103O. Only licensees and permittees eligible for grant of adult entertainment permit
103P. Authority of adult entertainment permit
103Q. Approved area to conform with requirements
103R. Duration of adult entertainment permit
103S. Adult entertainment permit dependent on currency of licence or community liquor permit or restricted liquor permit
103T. Restriction on grant of adult entertainment permit

Division 7 - Restricted area permits

103U. Authority of restricted area permit
103V. Restriction on grant of restricted area permit

Division 8 - Craft beer producer permits

103W. Authority of craft beer producer permit
103X. Restriction on grant of craft beer producer permit
103Y. Duration of craft beer producer permit
103Z. Premises to which craft beer producer permit relates
103ZA. Conditions on craft beer producer permits

Division 9 - Artisan spirits producer permits

103ZB. Authority of artisan spirits producer permit
103ZC. Restriction on grant of artisan spirits producer permit
103ZD. Duration of artisan spirits producer permit
103ZE. Premises to which artisan spirits producer permit relates
103ZF. Conditions on artisan spirits producer permits
104. (Repealed)

PART 5 - GRANT, VARIATION AND TRANSFER OF LICENCES AND PERMITS AND RELATED MATTERS

Division 1 - Applications

105. Requirements for applications
105A. Additional requirement for particular applications—risk-assessed management plan
105B. Application for adult entertainment permit requires local government consent
106. Who may apply for licence or permit
107. Restrictions on grant of licence or permit
107A. Additional restriction on grant of licence
107B. Additional restriction on grant of permit
107C. Commissioner may impose conditions on licences and permits
107CA. Additional condition on adult entertainment permit
107D. Restriction on grant of adult entertainment permit
107E. Suitability of applicant for adult entertainment permit
107F. Application to be referred to police commissioner
108. More than 1 licence or adult entertainment permit may be held
109. (Repealed)
109A. (Repealed)
109B. (Repealed)
109C. (Repealed)
110. Application for grant of extended hours permit
111. Variation of licence
112. Procedure for variation by commissioner
112A. Compensation not payable for variation
112B. Variation of condition about noise—licensed premises in special entertainment precinct
113. Application for transfer of licence
113A. Transfer of licence or permit held for or on behalf of unincorporated association
114. (Repealed)
115. Commissioner’s responsibility on application for transfer or franchising of a licence
116. When community impact statement to be given to commissioner
117. Advice about application etc.
117A. Comments about particular applications
118. Advertisement of applications
118AA. Commissioner may give notice requiring advertisement of particular applications
118A. Submissions
119. Objection by member of public to grant of applications
119A. Objection by Minister to grant of applications having significant community impact
120. Requirements of objection by petition
121. Matters the commissioner must have regard to
121A. Commissioner must publish information after granting particular applications for extended trading hours approval
121B. Commissioner must publish information about particular applications advertised under s 118
122. Procedure on receipt of objections
123. Commissioner may grant provisional licence
123A. Commissioner may grant authority to trade for staged development
123B. Provisional licence or staged development approval
123C. Effect of provisional licence
124. Effect of staged development approval
125. Temporary authority
126. Variation or transfer to be endorsed on licence
127. Duplicate licence or permit
128. Liability of licensees in certain cases

Division 1A - Public safety and amenity

128A. Application of div 1A
128B. Particular matters the commissioner may consider
128C. Conditions relating to public safety or amenity

Division 2 - Persons managing affairs of licensees

129. Applications to continue trading in certain circumstances
130. Where approval under s 129 not obtained
131. (Repealed)
131A. Decision by commissioner on application to continue trading in certain circumstances
131B. Section 129 applicants may apply under s 113
132. Discharge of licensee or permittee from obligations

Division 3 - Surrender and cancellation of licence or permit

Subdivision 1 - Surrender of licences and permits

133. Request to surrender

Subdivision 2 - Cancellation, suspension and variation of permits

134. Cancellation, suspension or variation of permits
134A. Ground for taking relevant action relating to adult entertainment permits
134B. Show cause notice
134C. Decision about relevant action relating to adult entertainment permit
134D. (Repealed)
135. Summary cancellation, suspension or variation
135A. Compensation not payable for variation

Subdivision 3 - Disciplinary action relating to licences

136. Grounds for disciplinary action
137. Procedure for taking disciplinary action in relation to licence
137A. Decision about disciplinary action
137B. Notice to be given about decision of commissioner
137C. Urgent suspension
137CA. (Repealed)
137CB. Immediate suspension of car park approval
137D. Amount payable as a debt due to the State
137E. Disciplinary action against former licensee

Subdivision 4 - Effect of suspension of licence or permit and other matter

138. Effect of suspension
139. Compensation not payable

Division 3A - Withdrawal of approval of relevant agreements entered into by licensees

139A. Application of div 3A
139B. (Repealed)
139C. Show cause notice for withdrawal of approval
139D. Decision about withdrawing approval of relevant agreement
139E. (Repealed)
139F. Requirement to terminate relevant agreement on withdrawal of approval

Division 4 - Closure of premises

140. Closure of unsafe or unhealthy premises
141. Order to close premises for unlawful trading
141A. Closure of premises in face of riot or tumult

Division 4A - Training course certificate requirements

141B. Application of div 4A
141C. Conditions about training course certificates for particular persons
141D. Application of s 136

Division 5 - (Repealed)

Division 6 - Certain provisions about conditions of licences for Brisbane City Council area

Subdivision 1 - Preliminary

142AD. Definitions for div 6
142AE. Application of div 6
142AF. Purpose of div 6

Subdivision 2 - Conditions of licences

142AG. Conditions about crowd controllers
142AH. Conditions about closed-circuit television equipment
142AI. Conditions about incident register
142AJ. Conditions about drinking practices
142AK. Compliance with conditions

Subdivision 3 - Application of section 136 to conditions under subdivision 2

142AL. Application of s 136

Division 7 - (Repealed)

PART 5A - TRAINERS FOR LICENSEE’S COURSE

Division 1 - Appointment of public service officers as trainers

142A. Appointment of public service officer as trainer

Division 2 - Obtaining approval as trainer

142B. Applying for approval as trainer
142C. Deciding application
142D. Grant of application
142E. Refusal of application

Division 3 - Renewal

142F. Applying for renewal
142G. Deciding application
142H. Renewal of approval
142I. Refusal to renew approval
142J. Approval continues pending decision about renewal

Division 4 - Lapsing of applications

142K. Lapsing of application

Division 5 - Cancellation of approvals

142L. Grounds for cancellation
142M. Procedure for cancellation

Division 6 - (Expired)

PART 5B - REVIEW OF DECISIONS

142N. Application for review
142O. No stay of operation of decision
142P. Review decision

PART 5C - APPROVAL AS APPROVED MANAGER

Division 1 - Obtaining approval

142Q. Applying for approval
142R. Deciding application
142S. Grant of application
142T. Refusal to grant application

Division 2 - Renewal

142U. Applying for renewal
142V. Deciding application
142W. Renewal of approval
142X. Refusal to renew approval
142Y. Approval continues pending decision about renewal

Division 3 - Lapsing of applications

142Z. Lapsing of application

Division 4 - Suspension and cancellation of approvals

142ZA. Grounds for suspension or cancellation
142ZAA. (Repealed)
142ZB. Show cause notice
142ZC. Representations about show cause notices
142ZD. Ending show cause process without further action
142ZE. Suspension or cancellation

Division 5 - Approved managers

142ZF. Responsibility of approved manager etc.

PART 5D - APPROVAL AS ADULT ENTERTAINMENT CONTROLLER

Division 1 - Person to have approval to be controller

142ZG. Prohibition on working as controller without approval

Division 2 - Obtaining approval

142ZH. Applying for approval
142ZI. Current controller’s approval pending decision about approval
142ZJ. Application to be referred to police commissioner
142ZK. Deciding application
142ZL. Grant of application and duration of approval
142ZM. Refusal to grant application

Division 3 - Requesting information from police commissioner

142ZN. Commissioner may request information from police commissioner during approval
142ZO. Police commissioner’s information report

Division 4 - Lapsing of applications

142ZP. Lapsing of application

Division 5 - Suspension and cancellation of approvals

142ZQ. Grounds for suspension or cancellation
142ZQA. (Repealed)
142ZR. Immediate suspension of approval
142ZS. Show cause notice
142ZT. Representations about show cause notice or immediate suspension notice
142ZU. Ending show cause or immediate suspension process
142ZV. Suspension or cancellation
142ZW. Controller to inform employer of suspension or cancellation of approval

PART 6 - OBLIGATORY PROVISIONS AND OFFENCES

Division 1AA - Responsible service, supply and promotion of liquor and preservation of amenity

142ZX. Purposes of div 1AA
142ZY. Meaning of relevant premises
142ZZ. Unacceptable practices and promotions
142ZZA. Responsible practices and promotions
142ZZB. Providing a safe environment and preserving amenity
142ZZC. Advertising
142ZZD. Compliance notices

Division 1AB - Sale, supply and consumption of liquor in car parks

142ZZE. Sale, supply or consumption of liquor in car park
142ZZF. Application for car park approval
142ZZG. Commissioner’s consideration of application
142ZZH. Restriction on grant of car park approval
142ZZI. Conditions on car park approval
142ZZJ. Authority of car park approval

Division 1 - Provisions binding licensees, permittees, approved managers, employees and agents

143. Particulars to be displayed on premises
143A. Particulars to be displayed for approved area for adult entertainment
143B. Particulars to be displayed for exemption from restriction on the sale or supply of rapid intoxication drinks
144. Change of name requires approval
145. Keeping licence or permit at licensed premises
145A. Production of licence or permit on request
146. Supply contrary to licence or permit
147. Consumption or removal contrary to licence or permit
148. Gratuitous supply of liquor
148AA. Licences subject to conditions about closed-circuit television equipment
148A. (Repealed)
148AB. Restriction on sale of craft beer and artisan spirits
148B. (Repealed)
149. Employment on licensed premises
149A. Providing adult entertainment without adult entertainment permit
149B. Supervising adult entertainment
150. Notification of change in controlling interest in licensee
150A. Notification of change—artisan producer licence (beer)
150B. Notification of change—artisan producer licence (spirits)
151. Unlawful betting or gaming
151A. Betting on licensed premises
152. Prohibition on other use of premises
152A. Change in principal activity of business conducted under a licence
153. Letting or subletting of licensed premises
153A. (Repealed)
154. Alteration etc. and maintenance of licensed premises
154A. Relocation of detached bottle shops
154B. Transfer of certain premises
154C. Inclusion or amendment of other premises as part of authority of community club licence
155. Minors on premises
155AA. Minors must not be in approved area when adult entertainment being provided
155AB. Supervision of volunteers—community club licence, community other licence or restricted liquor permit

Division 1A - Provisions binding particular licensees and permittees

155AC. Application of div 1A
155AD. Who must be present or reasonably available at licensed premises etc.
155AE. Copies of certificates must be available at premises
155AF. Exemption from obligation under s 155AD(3)

Division 1B - Banning sale or supply of rapid intoxication drinks during restricted period

155AG. Meaning of rapid intoxication drink
155AH. Application of division
155AI. Prohibition on sale or supply of rapid intoxication drinks during restricted period
155AJ. Applying for exemption
155AK. Granting exemption
155AL. Exemption notice
155AM. Effect of exemption for extended hours permits
155AN. Commissioner must impose licence conditions for exemption
155AO. Commissioner may suspend exemption
155AP. Varying or revoking suspension

Division 2 - Provisions binding all persons

155A. Prohibition on sale to a minor
156. Liquor prohibited to certain persons
156A. Irresponsible supply of liquor to a minor at a private place etc.
156B. Prohibition on sale of undesirable liquor product
156C. Interim prohibition on sale of undesirable liquor product
157. Prohibitions affecting minors
158. False representation of age
159. Wrongful dealing with genuine evidence of age
160. Seizure of document wrongly used as evidence of age
161. Consumption or removal of liquor outside trading hours
162. Taking liquor onto or away from premises subject to subsidiary on-premises licence
162A. Taking liquor onto or away from premises subject to nightclub licence
162B. Taking liquor into or from area defined in commercial public event permit
162C. Taking liquor into or from venue of event or occasion for community liquor permit
163. False representation of intention to dine
164. Conduct causing public nuisance
165. Removal of persons from premises
165A. Refusing entry to premises
165B. Preservation of other rights to prevent entry to premises or remove persons from premises
166. Obstruction generally
167. Ascertainment of age
168. Interference with licence or permit
168A. Advertising adult entertainment
168B. Prohibition on possession of liquor in restricted area
168C. Attempt to take liquor into restricted area

Division 3 - Provisions concerning sale of liquor by unlicensed persons or on unlicensed premises

169. Authority required for sale
170. Sale of liquor on premises to which licence or permit relates
171. Carrying or exposing liquor for sale
172. Offer to purchase liquor made elsewhere than at licensed premises
173. Occupier and owner of unlicensed premises liable for sale of liquor etc.

Division 4 - Provisions concerning consumption of liquor in certain public places

173A. Definitions
173B. Consumption of liquor in certain public places prohibited
173C. Local government, other than particular local governments, may designate public places where liquor may be consumed
173D. Local government must advertise designation and place signs
173E. Local government must advertise repeal or amendment of designation and remove or alter signs

Division 5 - Prohibited items for identified organisations

173EA. Definitions for div 5
173EAA. Identified organisations
173EB. Exclusion of prohibited persons
173EC. (Repealed)
173ED. Removal of prohibited person

PART 6AA - ID SCANNING

Division 1 - Preliminary

173EE. Definitions for pt 6AA

Division 2 - Use of ID scanners in particular licensed premises

173EF. Licensed premises to which this division applies
173EG. Licence conditions about regulated premises
173EH. ID scanning obligations of staff members for regulated premises
173EHAAA.ID scanning entry requirements for entry to regulated premises
173EHAA.Re-entry pass system for regulated premises
173EHA. Delayed application of s 173EH to particular regulated premises
173EI. Privacy

Division 3 - Operation of approved ID scanning systems

173EJ. Obligations about operation
173EJA. Obligation to notify of system failure
173EJB. Other obligation if system failure
173EK. Change of executive officers
173EL. Operation of scanning system without approval
173EM. Privacy
173EMA. Information sharing

Division 4 - Approvals

173EN. Approval of ID scanners and modifications
173EO. Approval of ID scanning systems and modifications
173EOA. Direction about ID scanning system
173EP. Suspension or revocation of approvals relating to ID scanners or ID scanning systems
173EPA. Immediate suspension of approvals relating to ID scanners or ID scanning systems
173EQ. Approval of persons to operate ID scanning systems
173ER. Suspension or revocation of approval to operate ID scanning system
173ES. Immediate suspension of approval to operate ID scanning system
173ET. Commissioner takes over operation of approved ID scanning system in particular circumstances

PART 6A - RESTRICTED AREAS

Division 1 - Preliminary

173F. Purpose of pt 6A

Division 2 - Declaration of, and prohibition of possession of liquor in, restricted areas

173G. Declaration of restricted area
173H. Declaration of prohibition of possession of liquor in restricted area
173I. Consultation with community justice groups for declarations
173J. Notice about prohibition of possession of liquor in restricted area

Division 3 - Designation of public places where liquor may be consumed

173K. Definition for div 3
173L. Regulation may designate public place in restricted area where certain type of liquor may be consumed
173M. Notice of designation
173N. Suspension of designation

PART 6AB - SAFE NIGHT PRECINCTS

Division 1 - Preliminary

173NA. Purposes of pt 6AB
173NB. Meaning of relevant licensee

Division 2 - Safe night precincts and local boards

173NC. Safe night precincts and local boards
173NCAA.Review of safe night precincts
173NCA. Changing or revoking area of safe night precincts
173ND. Commissioner must give notice of local board

Division 3 - Provisions that apply when a safe night precinct has a local board

173NE. Application of div 3
173NF. Relevant licensee must be member of local board
173NG. Commissioner may require exempt licensee to become member of local board
173NH. Public safety consultative committees

Division 4 - Rules of local boards

173NI. Inconsistent rules of local boards of no effect
173NJ. Objectives of local boards
173NK. Rules must limit membership of local board
173NL. Relevant licensee must be admitted as member of local board
173NM. No limit to other rules about membership
173NN. Local board must advise commissioner about licensee members
173NO. Termination of licensee member’s membership
173NP. Local board must invite consultative committee to meetings
173NQ. Prescribed rules

Division 5 - (Repealed)

PART 6B - (Repealed)

PART 6C - (Repealed)

PART 7 - INVESTIGATORS AND THEIR POWERS

Division 1A - Preliminary

173R. Definition for part

Division 1 - Exercise of powers

174. Investigators
174AA. Production or display of identity card
174A. Powers of community police officers
175. Power to stop and search vehicles etc.
176. Entry and search—monitoring compliance
177. Entry and search—evidence of offences
178. General powers of investigator in relation to places
179. Monitoring warrants
180. Offence-related warrants
181. Warrants may be granted by telephone, facsimile, radio etc.
182. Requirement to give name, address and age
183. Power to require answers to questions
183AA. Power to require production of documents
183A. Other powers of seizure
183B. Powers supporting seizure
184. Other powers of investigators
185. Obstruction of investigators
186. Seizure of material associated with representation of age
187. Abatement of nuisance or dangerous activity

Division 2 - Provisions relating to seizure

187A. Application
187B. Receipts for seized property
187C. Return of seized property
187D. Access to seized property
187E. Forfeiture of unreturned property
187EA. Forfeiture of seized property to prevent commission of particular offences—investigator
187EB. Forfeiture of seized property to prevent commission of particular offences—commissioner
187EC. Application for return of seized property
187F. Forfeiture on conviction
187G. Dealing with forfeited property
188. (Repealed)
189. (Repealed)
190. (Repealed)
191. (Repealed)
192. (Expired)
193. (Repealed)
194. (Repealed)
195. (Repealed)
196. (Repealed)

PART 8 - (Expired)

PART 9 - FINANCIAL PROVISIONS

199. Definition for pt 9
200. Licence period
201. Duration of licence
202. Fees payable for licences and permits
202A. Concessional base licence fee for particular licences in very remote Australia
203. Filing of returns
204. (Repealed)
205. (Repealed)
206. (Repealed)
207. (Repealed)
208. Payment of fees
209. Payment of fees by instalments
210. (Repealed)
211. (Repealed)
212. (Repealed)
213. (Repealed)
214. (Repealed)
215. Refund of fee
215A. (Repealed)
216. Unpaid fees a debt to State
217. Records to be kept by licensee
218. Powers of examination by investigator
219. (Repealed)
220. Payments into consolidated fund
221. (Expired)
222. (Repealed)
223. (Repealed)

PART 10 - MISCELLANEOUS PROVISIONS

224. Liquor accord
224A. Authorisation for purposes of Competition and Consumer Act 2010 (Cwlth)
225. Additional time for consumption or removal of liquor
226. Contravention of conditions of licences etc.
227. Payment of penalties to consolidated fund
228. Suspension of licence for offences concerning minors and other persons
228A. Disqualification from holding licence or permit on conviction of certain offences
228B. (Repealed)
228C. Inconsistency with authority to sell craft beer or artisan spirits and authority under commercial special facility licence
229. Liability for certain offences against Act
230. Defence to charge if age material
231. False or misleading statements
231A. False, misleading or incomplete documents
231B. Impersonation of investigator
232. Summary proceedings for offences
232A. (Repealed)
232B. Police commissioner to give information to commissioner
233. Evidentiary provisions
233A. Use of code in proceedings
234. Service of documents
234A. Approval of forms
235. Regulation-making power

PART 10A - (Expired)

PART 11 - TRANSITIONAL PROVISIONS

Division 1 - General

236. Object of part
237. Interpretation

Division 2 - Transitional provisions

238. Completion of proceedings in the Court
238A. Disposal of applications for removal
239. Termination of Court
240. (Repealed)
241. Disposal of applications made to Commission
242. Table of corresponding licences
243. Continuance of existing licences
243A. Variation of general licence (previously spirit merchant’s (retail) licence)
244. Continuance of existing permits
245. (Repealed)
246. Continuance of business of spirit merchant
247. Review of licences
248. Enforcement of orders etc. under repealed Act
249. Recovery of outstanding amounts
249A. Apportionment of licence fees under s 18B of repealed Act
250. Compensation for certain surrendered general licences
251. References to Liquor Act 1912

PART 12 - FURTHER TRANSITIONAL AND VALIDATION PROVISIONS

Division 1 - Transitional provisions about restricted club licences for the Liquor Amendment Act (No. 2) 1994

252. Object of division
253. Continuance of existing licences

Division 2 - Transitional provisions for Liquor (Evictions, Unlicensed Sales and Other Matters) Amendment Act 1999

254. Meaning of amending Act
255. Transitional provision for amendment of s 169
256. Transitional provision for amendment of s 171
257. Transitional provision for amendment of s 173
258. Transitional provision for amendment of s 228A

Division 3 - Transitional provisions for Liquor Amendment Act 2001

259. Transitional provision for tribunal
260. Transitional provision for certain general licences
261. Transitional provision for applications under pt 5
262. Transitional provision for temporary authority
263. Continuation of notices under s 187
264. Effect of s 85(1C) in relation to club licences
265. Review of licences

Division 4 - Transitional provision for Indigenous Communities Liquor Licences Act 2002

266. Licence applications for community areas

Division 5 - Transitional provision for Liquor Amendment Act 2003

267. Dealing with particular application or nomination

Division 6 - Transitional provisions for Liquor and Other Acts Amendment Act 2005

268. Definitions for div 6
269. Dealing with nomination of nominee
270. Particular person ceases to be nominee
271. Application for variation of particular licence
272. Application for renewal of extended hours permit
273. Provisional licences continue in force
274. Provision about current training course certificates
275. When particular conditions under pt 5, div 6 apply

Division 7 - Transitional provisions for Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and Other Acts Amendment Act 2008

Subdivision 1 - General licence held by a local government, corporatised corporation or relevant public sector entity, other than the Torres Strait Island Regional Council

276. Definitions for sdiv 1
277. Application of sdiv 1
278. Lapsing of relevant licence
279. Continuation of relevant licence
280. Application for the transfer of a relevant licence
281. No further application for the transfer of a relevant licence

Subdivision 2 - General licence held by the Torres Strait Island Regional Council

282. Definitions for sdiv 2
283. Application of sdiv 2
284. Lapsing of relevant licence
285. Continuation of relevant licence
286. Application for the transfer of a relevant licence
287. No further application for the transfer of a relevant licence

Division 8 - Transitional provisions for Liquor and Other Acts Amendment Act 2008

288. Definitions for div 8
289. Existing licences
290. Existing permits
291. Extended hours permit that includes trading between 5a.m. and 7a.m. or between 7a.m. and 10a.m.
292. Existing application for column 1 licence etc.
293. Nominee for a licence or permit
294. Training course certificate requirement
295. Risk-assessed management plan conditions

Division 9 - Transitional provision for Resorts and Other Acts Amendment Act 2009

296. Approved hours for commercial special facility licence

Division 10 - Transitional provisions for Gambling and Other Legislation Amendment Act 2009

297. Definitions for div 10
298. Existing permit for trading on a regular basis between 12 midnight and 5a.m.

Division 11 - Transitional provisions for Liquor and Other Legislation Amendment Act 2010

299. Definitions for div 11
300. Application for licence made before commencement
301. Application for extended trading hours approval made before commencement
302. Application for variation of licence made before commencement
303. Variation of licence started but not dealt with at commencement
304. Disciplinary action started but not dealt with at commencement
305. Extended trading hours already authorised
306. Application of civil banning orders
307. (Repealed)

Division 12 - Transitional provisions for Fiscal Repair Amendment Act 2012

308. Definitions for div 12
309. Guidelines of chief executive or commission continue as guidelines of commissioner
310. Applications made to chief executive or commission taken to be made to commissioner
311. Orders etc. of chief executive or commission taken to be orders etc. of commissioner
312. Appeal to tribunal about decisions of chief executive or commission
313. Existing appeals about decisions of chief executive or commission
314. Documents held by chief executive or commission become documents of commissioner
315. Approved forms continue as approved forms of commissioner

Division 13 - Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013

316. Continuation of existing training course certificate

Division 14 - Transitional provision for Liquor (Red Tape Reduction) and Other Legislation Amendment Act 2013

317. Former controllers under former s 109B continue as adult entertainment controllers

Division 15 - Transitional provisions for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013

318. Existing applications

Division 16 - Transitional provisions for Safe Night Out Legislation Amendment Act 2014

319. Definitions for div 16
320. Lapse of particular applications for extended trading hours approvals
321. Continuing application of repealed s 94
321A. Transitional provision for applications for subsidiary on-premises licence (entertainment)
322. Transitional provision for subsidiary on-premises licence (entertainment)
323. Transitional provision for subsidiary on-premises licence (meals)
324. Civil banning orders
325. Cancellation, suspension or variation of permits
326. Grounds for disciplinary action
327. Authority for post-midnight trading for particular licences
328. Declaration and validation relating to particular licences
329. Eligible entity for sale of liquor at a fundraising event

Division 17 - Transitional provisions for Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016

Subdivision 1 - Extended trading hours applications and existing extended trading hours approvals

330. Definitions for subdivision
331. Application of subdivision
332. No compensation for operation of subdivision
333. Restriction on making extended trading hours applications (takeaway liquor)
334. Certain proceedings in court or tribunal relating to extended trading hours applications (takeaway liquor) taken to end
335. Effect of certain court or tribunal decisions relating to extended trading hours applications (takeaway liquor)
336. Applications for extended trading hours between 2a.m. and 5a.m
337. Existing extended trading hours approvals for trading between 2a.m. and 5a.m.
338. Effect of certain court or tribunal decisions relating to extended trading hours approvals
338A. Minister must review

Subdivision 2 - Other provisions

339. Acceptable evidence of age
340. Conditions relating to sale etc. of liquor in car park
341. Approvals under previous section 153A

Division 18 - Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016

342. Applications not finally decided
343. Show cause process not finally decided
344. Proceedings not finally decided
345. First regulation under s 173EAA(1) exempt from particular requirements

Division 19 - Transitional and declaratory provisions for Liquor and Other Legislation Amendment Act 2017

346. Definitions for division
347. Declaration about period between 1 February 2017 and commencement
348. Cancellation of current 2017 late night permits
349. Counting 2017 late night permits for s 103J
350. Current applications and legal proceedings relating to extended hours permits
351. Retrospective change to operation of ss 336–338
352. No compensation

Division 20 - Transitional provision for Economic Development and Other Legislation Amendment Act 2019

353. Particular existing applications

Division 21 - Validation provision for Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020

354. Liquor supplies authorised by retrospective takeaway liquor authority

Division 22 - Transitional provisions for Liquor (Artisan Liquor) Amendment Act 2021

355. Transition to artisan producer licence
356. No fee payable for application for s 74A(2)(c) condition

Division 23 - Transitional provision for Justice and Other Legislation Amendment Act 2021

357. No fee payable for particular applications to vary subsidiary on-premises licences (meals)
SCHEDULE - Rules of clubs

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