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Liquor Control Reform Amendment
Bill 2012
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out that the purpose of the Bill is to amend the Liquor
Control Reform Act 1998 to provide that a member of the
police force, a protective services officer on duty at a designated
place or a gambling and liquor inspector who seizes liquor from
a minor may tip out the liquor; and to allow the Victorian
Commission for Gambling and Liquor Regulation to delegate its
powers under Part 8B of the Liquor Control Reform Act 1998
to a commissioner; and to extend the operation of Part 8B; and
for other purposes.
Clause 2 provides that the Bill comes into operation on the day after the
day on which the Bill receives Royal Assent.
Clause 3 Subclause (1) inserts "tip out or" after "seize and" and inserts
"tipped out or" after "seized and" in section 128(1) of the Liquor
Control Reform Act 1998 to provide members of the police
force, protective services officers and gambling and liquor
inspectors with an additional power to tip out liquor that has been
seized from a person they reasonably believe is under the age of
18 years.
Subclause (2) substitutes the existing section 128(2) of the
Liquor Control Reform Act 1998 to provide that a member of
the police force, a protective services officer on duty at a
designated place or a gambling and liquor inspector who seizes
and tips out liquor under subsection (1) must do so as soon as is
practicable after seizure.
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Subclause (3) inserts new subsections (3), (4) and (5) in
section 128 of the Liquor Control Reform Act 1998.
New subsection (3) provides that if liquor is seized and tipped
out under subsection (1), it is taken to have been forfeited to the
Crown immediately before it is tipped out.
New subsection (4) provides that if liquor is seized and taken
away under subsection (1) and the person from whom the liquor
was seized is found guilty by a court of possessing the liquor in
contravention of the Liquor Control Reform Act 1998, the
court may order that the liquor be forfeited to the Crown or be
destroyed or otherwise disposed of.
New subsection (5) provides that no compensation is payable by
the Crown in respect of any liquor tipped out, forfeited, destroyed
or otherwise disposed of under section 128 of the Liquor
Control Reform Act 1998.
Clause 4 inserts "a commissioner or" after "delegate to" in section
148ZR(1) of the Liquor Control Reform Act 1998 to allow the
Victorian Commission for Gambling and Liquor Regulation to
delegate its powers under Part 8B to a single commissioner.
Clause 5 repeals section 148ZZ of the Liquor Control Reform Act 1998
to remove the sunset provision contained in that section.
The effect of the removal is to allow the approach for enhancing
and enforcing fire safety in licensed premises outlined in Part 8B
of the Act to continue indefinitely.
Clause 6 provides that the proposed Liquor Control Reform
Amendment Act 2012 will be repealed on the first anniversary
of its commencement. The repeal of the proposed Act will 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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