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Liquor Control Reform Amendment Act 2021
No. of 2021
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
Part 2--Amendment of Principal Act 3
4 Definitions 3
5 New section 3C inserted 5
6 Objects 6
7 What are the categories of licences and permits that may be
issued under this Act? 6
8 General licence 6
9 On-premises licence 7
10 Restaurant and cafe licence 8
11 Club licence 9
12 Packaged liquor licence 10
13 Late night licence 11
14 New section 11B inserted 13
15 Producer's licence 14
16 BYO permit 15
17 New sections 18C and 18D inserted 15
18 New section 21B inserted 19
19 Certain premises not to be licensed 21
20 Section 25A repealed 21
21 Restriction on the grant of certain licences--approved
responsible service of alcohol programs 21
22 New section 27AA inserted 22
23 Form of application 23
24 Application for variation of licence or BYO permit 23
25 Advertisement of licence application 23
26 Objection by local council 24
27 Objection to licence by licensing inspector 24
28 Determination of uncontested applications 24
29 Variation of licence or BYO permit at initiative of Commission 25
30 New section 58AB inserted 25
31 Power to owner and others to renew licence 26
32 New Division 8A of Part 2 inserted 26
i
Clause Page
33 Requirement to provide wholesale information 28
34 Inquiry into whether there are grounds to take disciplinary
action 29
35 Other interested persons to be given notice of any inquiry under
this Division 29
36 Other interested persons to be given notice of proposal to
conduct inquiry under section 94 29
37 Matters Commission must consider when exempting licensees
from free drinking water requirements 30
38 Residents' register 30
39 Plan of premises to be given to the Commission if requested 30
40 Matters Commission must consider when exempting licensees
from responsible service of alcohol program requirements 30
41 Taking orders for liquor at unlicensed premises 30
42 New sections 109B and 109C inserted 30
43 Consuming or having liquor on unlicensed premises 31
44 Prohibited advertising or promotion 31
45 Injunctions to do an act or thing 32
46 Power to serve an infringement notice 32
47 Definitions--Division 6 of Part 8 32
48 Liquor accord terms 32
49 New sections 146DA and 146DB inserted 33
50 Decisions on internal review 33
51 New Division 2A of Part 9 inserted 34
52 New Division 3 of Part 9 inserted 38
53 Appeal to Supreme Court--statute law revision 39
54 Records to be made and kept by certain licensees 39
55 Regulations 39
56 Schedule 1--Club licences 39
57 Transitional provision--dry areas 40
58 Councils may take poll of voters 40
59 Savings and transitional provisions 40
60 New Schedule 6 inserted 40
Part 3--Consequential amendment 52
61 Consequential amendment of Victorian Commission for
Gambling and Liquor Regulation Act 2011 52
Part 4--Repeal of this Act 53
62 Repeal of this Act 53
═════════════
Endnotes 54
1 General information 54
ii
Liquor Control Reform Amendment
Act 2021
No. of 2021
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purpose
The purpose of this Act is to amend the Liquor
Control Reform Act 1998--
(a) to make amendments to certain licences
authorising the supply of liquor, including
the introduction of a new licence category
for online-only vendors of packaged liquor;
and
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No. of 2021
Part 1--Preliminary
(b) to make amendments to the application and
objection process for licences that apply to
large packaged liquor outlets in order to
reduce harm; and
(c) to make amendments to the review of
decisions made by the Victorian
Commission for Gambling and Liquor
Regulation; and
(d) to introduce a new mechanism for VCAT to
review decisions made by the Victorian
Commission for Gambling and Liquor
Regulation on internal review; and
(e) to abolish restrictions relating to the grant of
liquor licences in dry areas; and
(f) to make other related amendments to
improve the operation of that Act.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 31 December 2022, it comes into
operation on that day.
3 Principal Act
In this Act, the Liquor Control Reform Act 1998
is called the Principal Act.
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Part 2--Amendment of Principal Act
Part 2--Amendment of Principal Act
4 Definitions
(1) In section 3(1) of the Principal Act insert the
following definitions--
"family violence has the same meaning as in the
Family Violence Protection Act 2008;
harm means harm arising from the misuse and
abuse of alcohol, including--
(a) harm to minors, vulnerable persons or
communities, including groups within
communities; and
(b) family violence; and
(c) anti-social behaviour, including
behaviour that causes personal injury or
property damage;
highway service centre means a building or place
that is used to provide refreshments and
vehicle services to highway (including
freeway) users which--
(a) includes a petrol station; and
(b) includes one or more businesses that
supply take away food and drink; and
(c) operates 24 hours a day, 7 days a week;
municipal district has the same meaning as in the
Local Government Act 2020;".
(2) In section 3(1) of the Principal Act, for the
definition of liquor that is the licensee's product
substitute--
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Part 2--Amendment of Principal Act
"liquor that is the licensee's product means liquor
that is--
(a) beer, wine, cider or a spirit that--
(i) in the case of beer, has been
brewed by or at the direction of
the licensee and the licensee has
assumed the financial risk of the
production of the beer; and
(ii) in the case of wine, cider or a
spirit that is brandy--
(A) has been made from fruit
grown by the licensee who
has assumed the financial
risk of the production; or
(B) has been made under the
direction of the licensee from
fruit grown in Australia that
was not grown by the
licensee who has assumed
the financial risk of the
production; and
(iii) in the case of a spirit that is not
brandy, has been distilled by or at
the direction of the licensee and
the licensee has assumed the
financial risk of the production of
the spirit; or
(b) mead that has been made by or at the
direction of the licensee and the
licensee has assumed the financial risk
of the production of the mead; or
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Part 2--Amendment of Principal Act
(c) sake that has been brewed by or at the
direction of the licensee and the
licensee has assumed the financial risk
of the production of the sake; or
(d) any other prescribed substance;".
(3) In section 3(1) of the Principal Act, in the
definition of convenience store, for "a premises"
substitute "a milk bar, mixed business or other
premises".
(4) In section 3(1) of the Principal Act, in the
definition of ordinary trading hours--
(a) in paragraph (c), for "or late night (packaged
liquor) licence" substitute ", a late night
(packaged liquor) licence or an online-only
vendor packaged liquor licence";
(b) for paragraph (e) substitute--
"(e) in addition to the ordinary trading hours
referred to in paragraph (a) in relation
to a restaurant and cafe licence, the
hours between 1 a.m. and 3 a.m. on
1 January;".
(5) In section 3(1) of the Principal Act, in the
definition of vending machine, after "into the
machine or device" insert "or by way of
contactless card payment".
5 New section 3C inserted
After section 3B of the Principal Act insert--
"3C Where supply occurs if order placed
online
For the purposes of this Act, if liquor is
provided to a person who placed the order
online, the supply of the liquor to the person
occurs at the place where the liquor was
appropriated to the person's order.
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Part 2--Amendment of Principal Act
Example
A customer orders a home delivery of a carton of beer
from the licensee of an online-only vendor packaged
liquor licence. The licensee does not have a retail
premises open to the public and the licensee's licensed
premises is a warehouse where liquor is stored. The
customer places and pays for the order online. A staff
member of the licensee selects the beer from the
licensee's warehouse and packs it into a box for
delivery. In this scenario the beer is supplied to the
customer at the warehouse because that is where it
was appropriated to the customer's order.".
6 Objects
(1) In section 4(1)(a) of the Principal Act omit
"arising from the misuse and abuse of alcohol,".
(2) In section 4(2) of the Principal Act omit "and the
risks associated with the misuse and abuse of
alcohol".
7 What are the categories of licences and permits that
may be issued under this Act?
After section 7(f) of the Principal Act insert--
"(fa) online-only vendor packaged liquor
licence;".
8 General licence
(1) Section 8(1)(a)(ii) of the Principal Act is
repealed.
(2) For section 8(1)(ba) of the Principal Act
substitute--
"(ba) to supply liquor on the licensed premises
between 11 p.m. on any particular day until
1 a.m. on the following day for consumption
on the licensed premises and, if so
determined by the Commission and specified
in the licence, for consumption off the
licensed premises; and".
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Part 2--Amendment of Principal Act
(3) In section 8(1)(c) of the Principal Act, for
"premises." substitute "premises; and".
(4) After section 8(1)(c) of the Principal Act insert--
"(d) to supply liquor by orders placed online.".
(5) After section 8(2)(ca) of the Principal Act
insert--
"(cb) the condition that the licensee notifies the
Commission before commencing the supply
of liquor by orders placed online; and
(cc) if the licensee commences the supply of
liquor by orders placed online, the conditions
set out in section 18C (supply of liquor
through online orders); and
(cd) the condition that the licensee must not allow
liquor to be delivered except during ordinary
trading hours; and
(ce) the condition that the licensee comply with
any Ministerial order that imposes additional
requirements on licences that authorise the
supply of packaged liquor; and".
(6) After section 8(3) of the Principal Act insert--
"(4) Nothing in this section affects any existing
obligation that applies to the licensed
premises under a planning scheme within the
meaning of the Planning and Environment
Act 1987.".
9 On-premises licence
In section 9(1)(a)(ii) of the Principal Act omit
", if so determined by the Commission and
specified in the licence".
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Part 2--Amendment of Principal Act
10 Restaurant and cafe licence
(1) After section 9A(1)(a)(i) of the Principal Act
insert--
"(ia) between 11 p.m. on any particular day until
1 a.m. on the following day; and".
(2) For section 9A(1)(b) of the Principal Act
substitute--
"(b) subject to section 15A, to supply liquor on
any other premises authorised by the
Commission and specified in the licence,
during ordinary trading hours and between
11 p.m. on any particular day until 1 a.m. on
the following day for consumption on those
premises; and
(c) to supply liquor on the licensed premises in
sealed containers, bottles or cans for
consumption off the licensed premises
during ordinary trading hours; and
(d) to supply liquor by orders placed online.".
(3) After section 9A(2)(d) of the Principal Act
insert--
"(da) the condition that any liquor supplied in
sealed containers, bottles or cans must be
supplied together with a takeaway adult meal
or delivery adult meal prepared on the
premises of the licensee; and
(db) the condition that the supply of liquor to
a person for a takeaway adult meal or
delivery adult meal must not be more than
750 millilitres capacity in the case of
wine or six containers of not more than
375 millilitres capacity each in the case of
beer, cider or pre-mixed spirits; and
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(dc) the condition that the licensee notifies the
Commission before commencing the supply
of liquor--
(i) on the licensed premises in sealed
containers, bottles or cans for
consumption off the premises; or
(ii) by orders placed online; and
(dd) if the licensee commences the supply of
liquor by orders placed online, the conditions
set out in section 18C (supply of liquor
through online orders); and
(de) the condition that the licensee comply with
any Ministerial order that imposes additional
requirements on licences that authorise the
supply of packaged liquor; and".
(4) After section 9A(5) of the Principal Act insert--
"(6) Nothing in this section affects any existing
obligation that applies to the licensed
premises under a planning scheme within the
meaning of the Planning and Environment
Act 1987.".
11 Club licence
(1) After section 10(2A) of the Principal Act insert--
"(2B) A full club licence also authorises the
licensee to supply liquor to a member of the
club by orders placed online.".
(2) After section 10(3) of the Principal Act insert--
"(3A) In addition to subsections (2), (2A), (2B) and
(3), a club licence authorises the licensee--
(a) to supply liquor to members of the
public at club events or functions on the
licensed premises; and
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Part 2--Amendment of Principal Act
(b) to supply liquor on the licensed
premises in other circumstances
determined by the Commission and
specified in the licence.".
(3) After section 10(4) of the Principal Act insert--
"(4A) A full club licence is also subject to--
(a) a condition that the licensee notifies the
Commission before commencing the
supply of liquor by orders placed
online; and
(b) if the licensee commences the supply of
liquor by orders placed online, the
conditions set out in section 18C
(supply of liquor through online
orders); and
(c) the condition that the licensee must not
allow liquor to be delivered except
before 11 p.m. only; and
(d) the condition that the licensee comply
with any Ministerial order that imposes
additional requirements on licences that
authorise the supply of packaged
liquor.".
(4) In section 10(5) of the Principal Act, for
"subsection (1)" substitute "subsections (1), (2),
(2A), (2B), (3) and (3A)".
(5) Section 10(6) of the Principal Act is repealed.
12 Packaged liquor licence
(1) After section 11(2) of the Principal Act insert--
"(2A) A packaged liquor licence also authorises the
licensee to supply liquor by orders placed
online so long as the licensee's predominant
activity remains the sale by retail of liquor
for consumption off the licensed premises.".
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Part 2--Amendment of Principal Act
(2) Section 11(3)(aad) of the Principal Act is
repealed.
(3) After section 11(3)(c) of the Principal Act
insert--
"(ca) the condition that the licensee notifies the
Commission before commencing the supply
of liquor by orders placed online; and
(cb) if the licensee commences the supply of
liquor by orders placed online, the conditions
set out in section 18C (supply of liquor
through online orders); and
(cc) the condition that the licensee must not allow
liquor to be delivered except during ordinary
trading hours; and
(cd) the condition that the licensee comply with
any Ministerial order that imposes additional
requirements on licences that authorise the
supply of packaged liquor; and".
(4) Section 11(5), (6) and (7) of the Principal Act are
repealed.
13 Late night licence
(1) For section 11A(2)(ba) of the Principal Act
substitute--
"(ba) to supply liquor on the licensed premises
between 11 p.m. on any particular day until
1 a.m. on the following day for consumption
on the licensed premises and, if so
determined by the Commission and specified
in the licence, for consumption off the
licensed premises; and".
(2) In section 11A(2)(c) of the Principal Act, for
"premises." substitute "premises; and".
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Part 2--Amendment of Principal Act
(3) After section 11A(2)(c) of the Principal Act
insert--
"(d) to supply liquor by orders placed online.".
(4) After section 11A(3)(a)(i) of the Principal Act
insert--
"(ia) between 11 p.m. on any particular day until
1 a.m. on the following day; and".
(5) In section 11A(5) of the Principal Act--
(a) in paragraph (d), for "the conditions set
out in sections 11(3)(aa) to 11(3)(aad)"
substitute "the condition set out in
section 11(3)(aa)";
(b) after paragraph (da) insert--
"(db) in the case of a late night (general)
licence or a late night (packaged liquor)
licence, the condition that the licensee
notifies the Commission before
commencing the supply of liquor by
orders placed online; and
(dc) in the case of a late night (general)
licence or a late night (packaged liquor)
licence, if the licensee commences the
supply of liquor by orders placed
online, the conditions set out in
section 18C (supply of liquor through
online orders); and
(dd) in the case of a late night (general)
licence or a late night (packaged liquor)
licence, the condition that the licensee
must not allow liquor to be delivered
except during ordinary trading hours;
and
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Part 2--Amendment of Principal Act
(de) in the case of a late night (general)
licence or a late night (packaged liquor)
licence, the condition that the licensee
comply with any Ministerial order that
imposes additional requirements on
licences that authorise the supply of
packaged liquor; and".
(6) In section 11A(6) of the Principal Act, for
"Sections 11(2) and 11(5) to 11(8)" substitute
"Sections 11(2) and 11(2A)".
(7) After section 11A(6) of the Principal Act insert--
"(7) Nothing in this section affects any existing
obligation that applies to a licensed premises
under a planning scheme within the meaning
of the Planning and Environment
Act 1987.".
14 New section 11B inserted
After section 11A of the Principal Act insert--
"11B Online-only vendor packaged liquor
licence
(1) An online-only vendor packaged liquor
licence authorises the licensee to supply
liquor by orders placed online on the
licensed premises in sealed containers,
bottles or cans for consumption off the
licensed premises--
(a) during ordinary trading hours; and
(b) at any time on Christmas Day or on
Good Friday determined by the
Commission and specified in the
licence.
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Part 2--Amendment of Principal Act
(2) An online-only vendor packaged liquor
licence is subject to--
(a) the condition set out in section 16
(compliance with planning scheme);
and
(b) if the licensee is a body corporate, the
condition set out in section 18
(approval of directors); and
(c) the conditions set out in section 18C
(supply of liquor through online
orders); and
(d) the condition that the licensee must not
allow liquor to be delivered except
during ordinary trading hours; and
(e) the condition that the licensee comply
with any Ministerial order that imposes
additional requirements on licences that
authorise the supply of packaged
liquor; and
(f) any other conditions determined by the
Commission and specified in the
licence.".
15 Producer's licence
(1) In section 13(1)(c) of the Principal Act, for
"request." substitute "request; and".
(2) After section 13(1)(c) of the Principal Act
insert--
"(d) to supply liquor by orders placed online.".
(3) After section 13(2)(c) of the Principal Act
insert--
"(ca) the condition that the licensee notifies the
Commission before commencing the supply
of liquor by orders placed online; and
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(cb) if the licensee commences the supply of
liquor by orders placed online, the conditions
set out in section 18C (supply of liquor
through online orders); and
(cc) the condition that the licensee must not allow
liquor to be delivered except during ordinary
trading hours; and
(cd) the condition that the licensee comply with
any Ministerial order that imposes additional
requirements on licences that authorise the
supply of packaged liquor; and".
16 BYO permit
After section 15(1) of the Principal Act insert--
"(1A) A BYO permit also authorises liquor to be
consumed, possessed or controlled on the
premises in respect of which the permit is
granted between the hours of 11 p.m. on
31 December and 1 a.m. on 1 January.".
17 New sections 18C and 18D inserted
After section 18B of the Principal Act insert--
"18C Licence conditions--supply of liquor
through online orders
(1) It is a condition of every licence that
authorises the supply of liquor by orders
placed online that the licensee--
(a) displays the licensee's liquor licence
number prominently--
(i) on its website or any other online
platform or interface through
which liquor can be ordered; and
(ii) in any promotional or advertising
material in relation to online
ordering; and
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Part 2--Amendment of Principal Act
(b) displays any notice that the
Commission requires the licensee to
display on its website or any other
online platform or interface through
which liquor can be ordered; and
(c) provides instructions to the person
responsible for the delivery of liquor by
orders placed online that delivery must
occur--
(i) in the case of a full club licence,
before 11 p.m. only; or
(ii) in any other case, within ordinary
trading hours only; and
(d) complies with the requirements of
subsections (2) to (4); and
(e) complies with any other prescribed
requirements in relation to the matters
referred to in paragraphs (a) to (d).
(2) Unless subsection (3A) applies, the first time
a licensee supplies liquor to a person by an
order placed online, the licensee must--
(a) require that person who placed the
order confirm that they are of or over
the age of 18 years; and
(b) in addition to subsection (1)(c), provide
instructions to the person responsible
for delivery of the liquor that--
(i) the liquor must only be delivered
to the person who placed the
order; and
(ii) the person who placed the order
must be present at the time that
the liquor is delivered; and
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Part 2--Amendment of Principal Act
(iii) the person responsible for the
delivery must verify the age of the
person who placed the order by
requiring the person to produce an
evidence of age document; and
(c) comply with any other prescribed
requirements in relation to the matters
referred to in paragraphs (a) and (b).
(3) Subsection (2) does not apply to subsequent
online orders made by the same person.
(3A) If an order for the supply of liquor is placed
online by a person to be delivered to another
person as a gift, the licensee must--
(a) require that the person who placed the
order confirm that the person is of or
over the age of 18 years; and
(b) require that the person who placed the
order confirm that the order is to be
delivered to another person as a gift and
that the recipient of the gift is of or over
18 years; and
(c) obtain the name and address of the
recipient of the gift; and
(d) provide instructions to the person
responsible for the delivery of the
liquor that--
(i) the liquor must only be delivered
to the recipient of the gift or a
person of or over the age of
18 years who is present at the
address provided under
paragraph (c); and
(ii) the person responsible for the
delivery must verify the age of the
recipient of the gift or the person
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Part 2--Amendment of Principal Act
present at the address provided
under paragraph (c) by requiring
that person to produce an evidence
of age document; and
(e) comply with any other prescribed
requirements.
(4) If the licensee has previously supplied liquor
to a person by an order placed online that
was not a gift supplied in accordance with
subsection (3A), and that same person places
a subsequent order, the licensee must--
(a) obtain instructions from the person who
placed the order in relation to where to
leave the liquor if that person is not
present at the time that the liquor is
delivered; and
(b) provide the instructions obtained from
the person who placed the order to the
person responsible for delivery of the
liquor; and
(c) instruct the person responsible for
delivery of the liquor that the liquor is
only to be delivered in accordance with
the instructions provided; and
(d) comply with any other prescribed
requirements in relation to the matters
referred to in paragraphs (a) to (c).
18D Minister may specify additional conditions
in relation to supply of packaged liquor
(1) The Minister, by Order published in the
Government Gazette, may specify additional
conditions for licensees of licences that
authorise the supply of packaged liquor.
(2) An Order under subsection (1) must not be
inconsistent with any provision of this Act.
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(3) The conditions may--
(a) apply generally to all classes or
categories of licences that authorise the
supply of packaged liquor; or
(b) apply to one or more specific classes or
categories of licence that authorise the
supply of packaged liquor.
(4) The Minister, at any time by Order published
in the Government Gazette, may vary or
revoke the conditions specified in an Order
under subsection (1).
(5) Every licensee to which the conditions
specified in an Order under subsection (1)
apply must comply with those conditions.".
18 New section 21B inserted
After section 21A of the Principal Act insert--
"21B Supply of packaged liquor during state of
emergency
(1) This section applies during a state of
emergency declared under section 198 of the
Public Health and Wellbeing Act 2008.
(2) The Minister, by Order published in the
Government Gazette, may authorise a
licensee or class of licensees whose licence
does not ordinarily authorise the supply of
packaged liquor to supply packaged liquor in
accordance with the Order.
(3) The following are not required for any
proposed Order that is to be made under
subsection (2)--
(a) consultation under section 12C of the
Subordinate Legislation Act 1994;
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Part 2--Amendment of Principal Act
(b) the preparation of a regulatory impact
statement under section 12E of the
Subordinate Legislation Act 1994.
(4) The supply of packaged liquor by a licensee
to whom an Order under subsection (2)
applies is subject to the following
conditions--
(a) that packaged liquor is supplied on the
licensee's licensed premises for
consumption off the licensee's licensed
premises; and
(b) that each transaction must be no more
than--
(i) 2 containers of wine not more than
750 millilitres capacity each; or
(ii) 12 containers of beer, cider or
pre-mixed spirits not more than
375 millilitres capacity each; or
(iii) one container of wine not more
than 750 millilitres capacity and
6 containers of beer, cider or
pre-mixed spirits not more than
375 millilitres capacity each.
(5) The Minister, at any time by Order published
in the Government Gazette, may vary or
revoke an Order under subsection (2).
(6) The Order under subsection (2) ceases to
have effect on the earlier of--
(a) the state of emergency declared under
section 198 of the Public Health and
Wellbeing Act 2008 ceasing to have
effect; or
(b) its revocation by Order published in the
Government Gazette.".
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Part 2--Amendment of Principal Act
19 Certain premises not to be licensed
(1) In section 22(1)(c) of the Principal Act, for
"a milk bar, convenience store or mixed business"
substitute "a convenience store".
(2) After section 22(1)(b) of the Principal Act
insert--
"(ba) premises that are located at, or within, a
highway service centre; or".
(3) In section 22(2) of the Principal Act--
(a) omit ", with the approval of the Minister,";
(b) for "the Minister is satisfied" substitute
"satisfied, in accordance with subsection
(2A),".
(4) After section 22(2) of the Principal Act insert--
"(2A) The Commission must have regard to any
prescribed criteria in respect of whether--
(a) an area is a tourist area, or
(b) an area has special needs; or
(c) there are adequate existing facilities or
arrangements for the supply of liquor in
an area.".
20 Section 25A repealed
Section 25A of the Principal Act is repealed.
21 Restriction on the grant of certain licences--
approved responsible service of alcohol programs
In section 26B(4)(a) of the Principal Act, for
"arising from the misuse and abuse of liquor"
substitute "from liquor".
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22 New section 27AA inserted
Before section 27 of the Principal Act insert--
"27AA Definitions
In this Division--
community impact assessment means a
statement in a form approved by the
Commission that contains the following
information--
(a) consultation that the person
making the application has
undertaken with the local
community regarding the
proposed application;
(b) the positive and negative social
and economic impacts of the
proposed application on the local
community;
(c) any other matters specified by the
Commission;
large packaged liquor outlet means a
packaged liquor outlet with a floor
space greater than 750 square metres;
local community means--
(a) the community in the municipal
district in which the licensed
premises are to be located; and
(b) if the licensed premises are to be
located within 5 kilometres of the
boundary of another municipal
district, the community in that
municipal district.".
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23 Form of application
After section 28(1)(ab) of the Principal Act
insert--
"(ac) if the application is for a licence that applies
to a large packaged liquor outlet, include a
community impact assessment; and".
24 Application for variation of licence or BYO permit
After section 29(3) of the Principal Act insert--
"(3A) In addition to the requirements under
subsection (3), if the variation would result
in the licence applying to a large packaged
liquor outlet, an application under subsection
(1) must include a community impact
assessment.".
25 Advertisement of licence application
(1) For section 35(1) of the Principal Act
substitute--
"(1) An applicant for the grant, variation or
relocation of a packaged liquor licence, a late
night (packaged liquor) licence or a
prescribed licence must cause notice of the
application to be advertised--
(a) in a newspaper (whether printed or
published by electronic
communication) circulating--
(i) in the area in which the premises
to which the application relates
are or are to be situated; or
(ii) in the area to which the licensed
premises are sought to be
relocated; or
(iii) generally throughout Victoria; or
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(b) in the manner directed by the
Commission under subsection (3)(b).".
(2) For section 35(2) of the Principal Act
substitute--
"(2) The Commission may direct an applicant for
the grant, variation or relocation of a licence
to cause notice of the application to be
advertised--
(a) in a newspaper (whether printed or
published by electronic
communication) circulating--
(i) in the area in which the premises
to which the application relates
are or are to be situated; or
(ii) in the area to which the licensed
premises are sought to be
relocated; or
(iii) generally throughout Victoria; or
(b) in the manner directed by the
Commission under subsection (3)(b).".
26 Objection by local council
In section 40(1A) of the Principal Act, for
"the misuse or abuse of alcohol" substitute
"harm".
27 Objection to licence by licensing inspector
In section 41(1)(b)(ii) of the Principal Act, for
"the misuse or abuse of alcohol" substitute
"harm".
28 Determination of uncontested applications
(1) In section 44(2)(b)(ii) of the Principal Act, for
"the misuse or abuse of alcohol" substitute
"harm".
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(2) After section 44(2)(c) of the Principal Act
insert--
"(d) in the case of an application for a licence that
applies to a large packaged liquor outlet, that
the net economic and social impact of
granting the application would be
detrimental to the wellbeing of the local
community.".
29 Variation of licence or BYO permit at initiative of
Commission
For section 58(2)(aa) of the Principal Act,
substitute--
"(aa) a variation of the category of licence held by
the licensee to another category of licence;".
30 New section 58AB inserted
After section 58A of the Principal Act insert--
"58AB Variation of licence or BYO permit
during state of emergency
(1) The Commission, at its own initiative, at any
time during a state of emergency declared
under section 198 of the Public Health and
Wellbeing Act 2008 may vary a licence or
BYO permit.
(2) The variation may apply to--
(a) a specified licence or BYO permit; or
(b) a specified category of licence; or
(c) a specified class of licence or BYO
permit.
(3) The variation--
(a) must not be inconsistent with this Act
or vary a condition imposed by this
Act; and
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(b) may impose a new condition on the
licence or BYO permit; and
(c) may suspend the operation of an
existing condition of the licence or
BYO permit (other than a condition
imposed by this Act) for a specified
period.
(4) If the Commission varies a licence or BYO
permit under this section, the Commission
must give any licensee or permittee affected
by the variation written notice of the
variation as soon as practicable.
(5) A variation under this section ceases to have
effect on the earlier of--
(a) the state of emergency declared under
section 198 of the Public Health and
Wellbeing Act 2008 ceasing to have
effect; or
(b) its revocation by the Commission.".
31 Power to owner and others to renew licence
In section 62(1) of the Principal Act, after
"renewal of the licence" insert "or BYO permit".
32 New Division 8A of Part 2 inserted
After Division 8 of Part 2 of the Principal Act
insert--
"Division 8A--Cancellation of licence or
BYO permit at request of owner or
mortgagee
62A Application for cancellation of a licence or
BYO permit by owner or mortgagee
The owner or a mortgagee who is in lawful
possession of a licensed premises may apply
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to the Commission to have a licence or BYO
permit cancelled if--
(a) the licensee or permittee has been
legally evicted from the licensed
premises; or
(b) the licensee or permittee has abandoned
the licensed premises; or
(c) the licensee's or permittee's lease,
sublease, tenancy or right to occupy the
licensed premises has been lawfully
terminated.
62B Licensee or permittee must be notified of
application for cancellation
If an application is made under section 62A,
the Commission must give the following
persons written notice that the owner or
mortgagee has applied to cancel the licence
or permit--
(a) the licensee or permittee to whom the
application relates;
(b) any person the Commission considers
would suffer material detriment as a
result of the cancellation of the licence
or permit.
62C Licensee or permittee may object to
cancellation of licence or BYO permit
(1) The licensee, permittee or any other person
given notice under section 62B to whom an
application under section 62A relates may
object to the cancellation of the licence or
BYO permit.
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(2) An objection must--
(a) be made to the Commission in writing
within 14 days after the day on which
notice is given under section 62B; and
(b) state reasons for the objection.
62D Decision to cancel licence or BYO permit
After the end of the period specified in
section 62C(2)(a) (or that period as extended
under section 174), the Commission must--
(a) if no objection is made, cancel the
licence or BYO permit; or
(b) consider any objection made under
section 62C and decide whether or not
to cancel the licence or BYO permit.".
33 Requirement to provide wholesale information
(1) In section 66AD(1) of the Principal Act, for
"person on the prescribed day of every year"
substitute "person--
(a) on the prescribed day of every year; or
(b) if the Commission has fixed another date for
the provision of the information, on that
date".
(2) After section 66AD(1) of the Principal Act
insert--
"(1A) At the request of a reporting licensee or at its
own initiative, the Commission may fix a
date for the provision of the information
required under subsection (1).
(1B) The Commission may fix a date under
subsection (1A) in relation to--
(a) a particular licensee; or
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(b) reporting licensees of a particular class;
or
(c) all reporting licensees.
(1C) If a date is fixed under subsection (1A), the
Commission must----
(a) if fixed in relation to a particular
licensee, provide that licensee with
written notice of the date for provision
of the information; or
(b) in all other cases, publish a notice in the
Government Gazette specifying--
(i) the date for provision of the
information; and
(ii) the class of licensees to whom it
applies or that it applies to all
licensees.".
34 Inquiry into whether there are grounds to take
disciplinary action
In section 91(1)(b)(iii) of the Principal Act omit
"or".
35 Other interested persons to be given notice of any
inquiry under this Division
In section 92A(1)(b)(i) of the Principal Act, after
"newspaper" insert "(whether printed or published
by electronic communication)".
36 Other interested persons to be given notice of
proposal to conduct inquiry under section 94
In section 94B(3)(a) of the Principal Act, after
"newspaper" insert "(whether printed or published
by electronic communication)".
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37 Matters Commission must consider when exempting
licensees from free drinking water requirements
In section 99D(a) of the Principal Act, for "arising
from the misuse and abuse of liquor" substitute
"from liquor".
38 Residents' register
In section 100(a) of the Principal Act omit "in a
form approved by the Commission".
39 Plan of premises to be given to the Commission if
requested
Section 101A of the Principal Act is repealed.
40 Matters Commission must consider when exempting
licensees from responsible service of alcohol
program requirements
In section 108AH(a) of the Principal Act, for
"arising from the misuse and abuse of liquor"
substitute "from liquor".
41 Taking orders for liquor at unlicensed premises
(1) In section 109(2)(b) of the Principal Act, for
"Act." substitute "Act; or".
(2) After section 109(2)(b) of the Principal Act
insert--
"(c) a licensee who is authorised to supply liquor
by orders placed online in respect of those
orders.".
42 New sections 109B and 109C inserted
After section 109A of the Principal Act insert--
"109B Written notice for delivery of liquor
supplied online
On the same day the order is placed, a
licensee who supplies liquor by an order
placed online must ensure that the delivery
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person is given written notice that the liquor
must not be left unattended.
Penalty: 60 penalty units.
109C Person must not deliver liquor supplied
online to intoxicated persons
A person must not knowingly deliver liquor
supplied by an order placed online to a
person who is intoxicated or in respect of
whom there is a substantial risk of
intoxication.
Penalty: 120 penalty units.".
43 Consuming or having liquor on unlicensed premises
For section 113(2)(a) of the Principal Act
substitute--
"(a) premises that are a convenience store;".
44 Prohibited advertising or promotion
After section 115A(1) of the Principal Act
insert--
"(1A) For the purposes of subsection (1),
advertising or promotion that is not in the
public interest includes the following--
(a) advertising or promotion that is likely
to appeal to minors;
(b) advertising or promotion that is likely
to encourage or condone violence or
anti-social behaviour;
(c) advertising or promotion that is directly
or indirectly sexual, degrading or
sexist;
(d) any other prescribed advertising or
promotion.".
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45 Injunctions to do an act or thing
In section 133I(3)(d) of the Principal Act omit
"arising from the misuse or abuse of alcohol".
46 Power to serve an infringement notice
(1) After section 141(2)(f) of the Principal Act
insert--
"(faa) section 109B (written notice for delivery of
liquor supplied online);
(faab) section 109C (person must not deliver liquor
supplied online to intoxicated persons);".
(2) After section 141(2)(l) of the Principal Act
insert--
"(la) section 146DA (licensee or permittee must
not disclose confidential information);".
47 Definitions--Division 6 of Part 8
In section 146A of the Principal Act, in the
definition of liquor accord--
(a) in paragraph (b), for "harm arising from the
misuse and abuse of alcohol;" substitute
"harm; and";
(b) after paragraph (b) insert--
"(c) that is published on the Commission's
Internet site;".
48 Liquor accord terms
In section 146B(b) of the Principal Act, for
"accord." substitute "accord, for a period that
does not exceed 12 months.".
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49 New sections 146DA and 146DB inserted
After section 146D of the Principal Act insert--
"146DA Licensee or permittee must not disclose
confidential information
A person must not use or disclose any
information received from the Commission
or a police officer under section 146D
except--
(a) for the purpose of enforcing a liquor
accord ban; or
(b) as otherwise required or permitted by
law.
Penalty: 60 penalty units.
146DB Licensee or permittee may consult with
police in relation to liquor accord
A licensee or permittee may consult with a
police officer in relation to any of the
following--
(a) the development of a liquor accord;
(b) the enforcement of a liquor accord;
(c) any other action relating to a liquor
accord.".
50 Decisions on internal review
In section 157(3) of the Principal Act--
(a) in paragraph (b) for "decision." substitute
"decision; and";
(b) after paragraph (b) insert--
"(c) may require attendance at a compulsory
conference under Division 2A.".
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51 New Division 2A of Part 9 inserted
After Division 2 of Part 9 of the Principal Act
insert--
"Division 2A--Compulsory conferences
161 Main purposes of compulsory conference
The main purposes of a compulsory
conference are--
(a) to identify and clarify the nature of the
issues in dispute in an internal review
of a reviewable decision that relates to
a contested application; and
(b) to promote the resolution of the issues
in dispute in the internal review before
the Commission makes its fresh
decision under section 157(1); and
(c) to identify any questions of fact and
law to be decided by the Commission
on the internal review.
162 Commission may refer internal review to
compulsory conference
(1) The Commission may require attendance at
one or more compulsory conferences with a
single commissioner by--
(a) the applicant for the internal review of
a reviewable decision that relates to a
contested application; and
(b) any person who was given notice of the
internal review under section 154.
(2) A requirement to attend a compulsory
conference may be made at any stage of the
internal review of a reviewable decision that
relates to a contested application before the
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Commission makes a fresh decision under
section 157(1).
(3) The commissioner who made the reviewable
decision that is the subject of the internal
review under Division 2 must not conduct
the compulsory conference in relation to that
decision.
(4) The Commission may require a compulsory
conference whether or not--
(a) the applicant for the internal review
consents; and
(b) any person who was given notice of the
internal review under section 154
consents.
163 Notice of compulsory conference
(1) The Commission must give notice of a
compulsory conference required under
section 162(1) to--
(a) the applicant; and
(b) any person who was given notice of the
internal review under section 154.
(2) Notice under subsection (1) must--
(a) be in writing; and
(b) specify--
(i) the date and time of the
compulsory conference; and
(ii) the place where, and manner in
which, the compulsory conference
is to be conducted.
Example
A compulsory conference may be
conducted remotely.
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164 Conduct of compulsory conference
(1) Unless the commissioner conducting a
compulsory conference otherwise directs, the
compulsory conference must be held in
private.
(2) Subject to this Division, the procedure for a
compulsory conference is at the discretion of
the commissioner conducting it.
(3) The commissioner conducting a compulsory
conference may require a person required to
attend the conference to attend--
(a) personally; or
(b) by a representative who has authority to
settle the matter on behalf of that
person.
165 Objection to commissioner who conducted
compulsory conference being part of
Commission on review under Division 2
(1) A person required to attend a compulsory
conference who attended or was represented
at the compulsory conference may object to
the commissioner who conducted that
compulsory conference constituting part of
the Commission on review under Division 2
for the reviewable decision to which the
conference relates.
(2) The objection must be made to the
Commission on review under Division 2
before or at the making of the fresh decision
under section 157(1).
(3) If an objection is made under subsection
(1)--
(a) the commissioner must take no further
part in the Commission on review
under Division 2; and,
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(b) if necessary, the Commission on review
under Division 2 must be reconstituted.
166 Failure to attend a compulsory conference
If a person who is required to attend a
compulsory conference does not attend the
conference, the commissioner--
(a) may proceed with the conference in that
person's absence; and
(b) may seek to settle matters or seek
agreement between the parties present,
which may include settling matters
adversely to the absent person or
persons; and
(c) may report back to the Commission on
the outcomes of the compulsory
conference, noting the non-attendance
of any person.
167 Evidence inadmissible in internal review
by Commission
Evidence of anything said or done in the
course of a compulsory conference is not
admissible in the internal review by the
Commission except--
(a) if all the persons required to attend the
conference agree to the giving of the
evidence; or
(b) if the evidence of anything said or done
is relevant to--
(i) disciplinary action under Part 6 on
the ground of disciplinary action
referred to in paragraph (n) of the
definition of grounds of
disciplinary action within the
meaning of section 90(1)
(obtaining a licence or BYO
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permit by fraud or fraudulent
representation); or
(ii) a proceeding for an offence
against section 117 (procuring the
transfer of a licence or BYO
permit by fraud or fraudulent
representation); or
(iii) a proceeding for an offence
against section 118 (making a
statement that is false or
misleading).".
52 New Division 3 of Part 9 inserted
Before Division 4 of Part 9 of the Principal Act
insert--
"Division 3--Review by VCAT
169 Application for review of internal review
decisions under Division 2 of this Part
A person who is an eligible person within the
meaning of section 152 may apply to VCAT
for review of a decision of the Commission
made on internal review under Division 2.
170 Time limit for applying for review
An application to VCAT for review of a
decision of the Commission made on internal
review under Division 2 must be made
within 28 days after the later of--
(a) the day on which the decision on
internal review by the Commission is
made; or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the person requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
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to the person or the person is informed
under section 46(5) of that Act that a
statement of reasons will not be
given.".
53 Appeal to Supreme Court--statute law revision
In section 172A of the Principal Act--
(a) in subsection (2), for "instituted" substitute
"commenced";
(b) in subsection (3), for "institution" substitute
"commencement".
54 Records to be made and kept by certain licensees
In section 179(1A)(a) of the Principal Act, after
"newspaper" insert "(whether printed or published
by electronic communication)".
55 Regulations
(1) After section 180(4)(ac) of the Principal Act
insert--
"(ad) may provide for different fees depending on
the geographical location of the licensee,
permittee or a licensed premises;".
(2) After section 180(5)(f) of the Principal Act
insert--
"(fa) the physical location of the licensee,
permittee or a licensed premises;".
56 Schedule 1--Club licences
(1) In Schedule 1 to the Principal Act, paragraphs (e)
and (f) are repealed.
(2) In Schedule 1 to the Principal Act, after paragraph
(g)(iii) insert--
"(iiia) must provide for a management committee
of the club with responsibility for the affairs
of the club;
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(iiib) must provide that the members of the
management committee of the club be
elected for a term of not less than 12 months
by a majority of the members present at the
meeting and entitled to vote, subject to a
quorum of at least 10% of members entitled
to vote being present at the meeting;".
57 Transitional provision--dry areas
Clause 17 of Schedule 3 to the Principal Act is
repealed.
58 Councils may take poll of voters
Clause 18 of Schedule 3 to the Principal Act is
repealed.
59 Savings and transitional provisions
After section 182(3) of the Principal Act insert--
"(4) Schedule 6 has effect.".
60 New Schedule 6 inserted
After Schedule 5 of the Principal Act insert--
"Schedule 6--Transitional
provisions--Liquor Control
Reform Amendment Act 2021
1 General transitional provision
(1) This Schedule does not affect or take
away from the Interpretation of
Legislation Act 1984.
(2) This Schedule applies despite anything
to the contrary in any other provision of
this Act.
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2 Renewable limited licences authorising
supply of liquor through online orders
(1) This clause applies to a licensee or an
applicant for a licence where the
licensee or applicant does not have a
retail premises open to the public.
(2) On and from the commencement of
section 11B, any renewable limited
licence authorising the licensee to
supply liquor by orders placed online
on the licensed premises in sealed
containers, bottles or cans for
consumption off the licensed premises
that was in force immediately before
that commencement--
(a) is taken to be an online-only
vendor packaged liquor licence for
the period that the licence remains
in force; and
(b) can be renewed as an online-only
vendor packaged liquor licence.
(3) A renewable limited licence referred to
in subclause (2) is subject to any
conditions (not inconsistent with the
conditions of an online-only vendor
packaged liquor licence) to which it
was subject immediately before the
commencement of section 11B.
(4) If a renewable limited licence is taken
to be an online-only vendor packaged
liquor licence in accordance with
subclause (2)--
(a) any demerit points recorded in the
Demerits Register against the
renewable limited licence
immediately before the
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Part 2--Amendment of Principal Act
commencement of section 11B are
taken to be demerit points
recorded against the online-only
vendor packaged liquor licence;
and
(b) Part 4A applies to that licence as
an online-only vendor packaged
liquor licence.
(5) An application for a renewable limited
licence authorising the licensee to
supply liquor by orders placed online
on the licensed premises in sealed
containers, bottles or cans for
consumption off the licensed premises
that was made but not finally
determined before the commencement
of section 11B--
(a) is taken, on and from that
commencement, to be an
application for an online-only
vendor packaged liquor licence;
and
(b) may be dealt with under this Act
as amended by the Liquor
Control Reform Amendment
Act 2021.
3 General licences
On and from the commencement of
section 8 of the Liquor Control
Reform Amendment Act 2021, any
general licence that was in force
immediately before that
commencement--
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(a) continues in force as if it were a
general licence granted under
section 8 as amended by that Act;
and
(b) is subject to the conditions
specified in section 8 as amended
by that Act; and
(c) is subject to any conditions to
which the licence was subject
immediately before that
commencement.
4 On-premises licences
On and from the commencement of
section 9 of the Liquor Control
Reform Amendment Act 2021, any
on-premises licence that was in force
immediately before that
commencement--
(a) continues in force as if it were an
on-premises licence granted under
section 9 as amended by that Act;
and
(b) is subject to the conditions
specified in section 9 as amended
by that Act; and
(c) is subject to any conditions to
which the licence was subject
immediately before that
commencement.
5 Restaurant and cafe licences
On and from the commencement of
section 10 of the Liquor Control
Reform Amendment Act 2021, any
restaurant and cafe licence that was in
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force immediately before that
commencement--
(a) continues in force as if it were a
restaurant and cafe licence granted
under section 9A as amended by
that Act; and
(b) is subject to the conditions
specified in section 9A as
amended by that Act; and
(c) is subject to any conditions to
which the licence was subject
immediately before that
commencement.
6 Club licences
On and from the commencement of
section 11 of the Liquor Control
Reform Amendment Act 2021, any
full club licence or restricted club
licence that was in force immediately
before that commencement--
(a) continues in force as if it were a
full club licence or restricted club
licence granted under section 10
as amended by that Act; and
(b) is subject to the conditions
specified in section 10 as amended
by that Act; and
(c) is subject to any conditions to
which the licence was subject
immediately before that
commencement.
7 Packaged liquor licences
On and from the commencement of
section 12 of the Liquor Control
Reform Amendment Act 2021, any
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packaged liquor licence that was in
force immediately before that
commencement--
(a) continues in force as if it were a
packaged liquor licence granted
under section 11 as amended by
that Act; and
(b) is subject to the conditions
specified in section 11 as amended
by that Act; and
(c) is subject to any conditions to
which the licence was subject
immediately before that
commencement.
8 Late night licences
On and from the commencement of
section 13 of the Liquor Control
Reform Amendment Act 2021, any
late night licence that was in force
immediately before that
commencement--
(a) continues in force as if it were a
late night licence granted under
section 11A as amended by that
Act; and
(b) is subject to the conditions
specified in section 11A as
amended by that Act; and
(c) is subject to any conditions to
which the licence was subject
immediately before that
commencement.
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9 Producers licences
On and from the commencement of
section 15 of the Liquor Control
Reform Amendment Act 2021, any
producer's licence that was in force
immediately before that
commencement--
(a) continues in force as if it were a
producer's licence granted under
section 13 as amended by that
Act; and
(b) is subject to the conditions
specified in section 13 as
amended by that Act; and
(c) is subject to any conditions to
which the licence was subject
immediately before that
commencement.
10 BYO permits
On and from the commencement of
section 16 of the Liquor Control
Reform Amendment Act 2021, any
BYO permit that was in force
immediately before that
commencement--
(a) continues in force as if it were a
BYO permit granted under
section 15 as amended by that
Act; and
(b) is subject to the conditions
specified in section 15 as amended
by that Act; and
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Part 2--Amendment of Principal Act
(c) is subject to any conditions to
which the licence was subject
immediately before that
commencement.
11 Conditions in relation to supply of liquor
through online orders
On and from the commencement of
section 18C, the conditions in relation
to the supply of liquor through online
orders referred to in that section apply
in relation to the following licences as
in force immediately before that
commencement--
(a) a general licence authorising the
licensee to supply packaged
liquor;
(b) a restaurant and cafe licence
authorising the licensee to supply
packaged liquor;
(c) a full club licence authorising the
licensee to supply packaged
liquor;
(d) a packaged liquor licence;
(e) a late night (general) licence
authorising the licensee to supply
packaged liquor;
(f) a late night (packaged liquor)
licence authorising the licensee to
supply packaged liquor;
(g) a producer's licence authorising
the licensee to supply packaged
liquor;
(h) a renewable limited licence
authorising the licensee to supply
packaged liquor that is not taken
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Part 2--Amendment of Principal Act
to be an online-only vendor
packaged liquor licence in
accordance with clause 2.
12 Conditions in relation to the supply of
packaged liquor
On and from the commencement of
section 18D, any conditions in relation
to the supply of packaged liquor
specified in an Order made under that
section apply in relation to the
following licences as in force
immediately before that
commencement--
(a) a general licence authorising the
licensee to supply packaged
liquor;
(b) a restaurant and cafe licence
authorising the licensee to supply
packaged liquor;
(c) a full club licence authorising the
licensee to supply packaged
liquor;
(d) a packaged liquor licence;
(e) a late night (general) licence
authorising the licensee to supply
packaged liquor;
(f) a late night (packaged liquor)
licence authorising the licensee to
supply packaged liquor;
(g) a producer's licence authorising
the licensee to supply packaged
liquor;
(h) a renewable limited licence
authorising the licensee to supply
packaged liquor that is not taken
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Liquor Control Reform Amendment Act 2021
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Part 2--Amendment of Principal Act
to be an online-only vendor
packaged liquor licence in
accordance with clause 2.
13 Undetermined applications for licence
that applies to large packaged liquor
outlet
An application for a licence that applies
to a large packaged liquor outlet that
was made but not finally determined
before the commencement of
section 27AA and the amendment of
sections 28, 29 and 44 by the Liquor
Control Reform Amendment
Act 2021 (as applicable) is to be
determined in accordance with
Division 4 of Part 2 as in force
immediately before that
commencement as if section 27AA
had not been enacted and those
amendments had not been made.
14 Internal review of licensing decisions--
compulsory conferences
On and from the commencement of
Division 2A of Part 9, any application
for internal review under section 153
that has been made but not finally
determined is to be determined in
accordance with Division 2 of Part 9 as
in force immediately before that
commencement, as if Division 2A of
Part 9 had not been enacted.
15 Review of licensing decisions by VCAT
Division 3 of Part 9 applies in respect
of any decision of the Commission
made on internal review on and after
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Liquor Control Reform Amendment Act 2021
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Part 2--Amendment of Principal Act
the commencement of Division 3 of
Part 9.
16 Regulations dealing with transitional
matters
(1) The Governor in Council may make
regulations containing provisions of a
transitional nature, including matters of
an application or savings nature, arising
as a result of the amendment of this Act
by the Liquor Control Reform
Amendment Act 2021, including the
repeals and amendments made by that
Act.
(2) Regulations made under this section
may--
(a) have a retrospective effect to a day
on or from the date that the
Liquor Control Reform
Amendment Act 2021 receives
the Royal Assent;
(b) be of limited or general
application;
(c) differ according to differences in
time, place or circumstances;
(d) leave any matter or thing to be
decided by a specified person or
specified class of persons;
(e) provide for the exemption of
persons or proceedings or a class
of persons or proceedings from
any of the regulations made under
this section.
(3) Regulations made under this section
have effect despite anything to the
contrary--
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Liquor Control Reform Amendment Act 2021
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Part 2--Amendment of Principal Act
(a) in any Act (other than the Liquor
Control Reform Amendment
Act 2021 or the Charter of
Human Rights and
Responsibilities Act 2006); or
(b) in any subordinate instrument.
(4) This section is repealed on the second
anniversary of the day on which it
comes into operation.".
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Liquor Control Reform Amendment Act 2021
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Part 3--Consequential amendment
Part 3--Consequential amendment
61 Consequential amendment of Victorian Commission
for Gambling and Liquor Regulation Act 2011
After section 25(1) of the Victorian Commission
for Gambling and Liquor Regulation Act 2011
insert--
"(1A) Subsection (1) does not apply to a function,
duty or power performed or exercised by the
Commission in conducting a compulsory
conference under Division 2A of Part 9 of
the Liquor Control Reform Act 1998.".
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Liquor Control Reform Amendment Act 2021
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Part 4--Repeal of this Act
Part 4--Repeal of this Act
62 Repeal of this Act
This Act is repealed on 31 December 2023.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═════════════
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Liquor Control Reform Amendment Act 2021
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Liquor Control Reform Act 1998 to reform the categories of licences
authorising the supply of liquor including the introduction of a new
licence category, to address the risks of large packaged liquor outlets in
order to reduce harm, to make amendments to the review of decisions, to
abolish dry areas and to make other related amendments to improve the
operation of that Act and for other purposes."
By Authority. Government Printer for the State of Victoria.
54
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