Queensland Consolidated Acts

LIQUOR ACT 1992 - SECT 249A

249A Apportionment of licence fees under s 18B of repealed Act

(1) Despite the repeal of the repealed Act and subject to subsections (3) and (5) , section 18B of the repealed Act continues to apply to every case to which it applied under the repealed Act immediately before the proclaimed day as if the section had not been repealed.

(2) In applying section 18B of the repealed Act under this section—

(a) a reference to a licensed victualler under the repealed Act—

(i) is a reference to the holder of a licence under this Act that corresponds under section 242 to a licensed victualler’s licence, or a licence that was taken to be a licensed victualler’s licence, under the repealed Act; and

(ii) includes a reference to the holder of any licence under the repealed Act to which section 18B applied, or was taken to have applied, immediately before the proclaimed day; and

(b) a reference to licensed premises under the repealed Act is a reference to licensed premises under this Act; and

(c) a reference to a licensed victualler’s licence under the repealed Act—

(i) is a reference to a licence under this Act that corresponds under section 242 to a licensed victualler’s licence, or a licence that was taken to be a licensed victualler’s licence, under the repealed Act; and

(ii) includes a reference to any licence under the repealed Act to which section 18B applied, or was taken to have applied, immediately before the proclaimed day; and

(d) a reference to a fee payable under the repealed Act is a reference to a fee payable in respect of a licence under this Act; and

(e) all other necessary changes are taken to be made.

(3) The rights that a person has because of subsection (1) —

(a) cease when the term (including a further term arising under the exercise of an option of renewal) of the person’s lease, agreement for lease or other tenancy agreement relating to the licensed premises, and in force immediately before the proclaimed day, expires or is lawfully terminated, whichever happens first; and

(b) if the licence concerned is transferred under section 113 —are, subject to paragraph (a) , exercisable by the transferee.

(4) Subsection (3) (a) does not affect the enforcement of any right that a person has under this section if the right accrued before the expiry or termination.

(5) Subsection (1) does not apply to persons (and their transferees) who, between 1 July 1992 and the day of the introduction into the Legislative Assembly of the Bill for this Act—

(a) entered into an agreement; or

(b) varied a lease, agreement for lease or tenancy agreement;

relating to licensed premises to which subsection (1) would otherwise apply in a way that has the effect of providing for the adjustment between them of financial obligations that arise out of or relate to the apportionment of licence fees relating to licensed premises under section 18B of the repealed Act or licence fees payable in relation to the premises under this Act.