Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Liquor Control Reform Amendment
Bill 2021
Introduction Print
EXPLANATORY MEMORANDUM
General
The Liquor Control Reform Amendment Bill 2021 makes a range of
amendments to the Liquor Control Reform Act 1998 to implement the
outcomes of the Government's review of that Act. This review considered
ways to reduce red tape and regulatory burden, to modernise the laws
applying to the liquor and hospitality industries in Victoria and to ensure the
effectiveness of the Act's harm minimisation measures.
Clause Notes
Part 1--Preliminary
Clause 1 sets out the main purposes of the Bill, which are to amend the
Liquor Control Reform Act 1998 to amend certain licences
authorising the supply of liquor, introduce a new licence
category for online vendors, address the potential harm of large
packaged liquor outlets by strengthening the application and
objection processes; amend the review of decisions made by the
Victorian Commission for Gambling and Liquor Regulation
(the Commission), introduce a new mechanism for VCAT to
review licensing decisions, abolish the dry areas and make other
related amendments to improve the operation of the Act.
Clause 2 sets out the scheme of commencement for the Bill. It provides
that the Act comes into operation on a day or days to be
proclaimed or on 31 December 2022, if not proclaimed earlier.
The default commencement date in subsection (2) will provide
the Commission with an appropriate period of time to implement
the necessary changes to existing liquor licences to reflect the
591097 1 BILL LA INTRODUCTION 22/6/2021
amendments made to the authority of licences, to establish the
application processes for the new licence category of online-only
vendor packaged liquor licence and other administrative changes
necessary to implement the amendments.
Clause 3 provides that in this Bill, the Liquor Control Reform Act 1998
is called the Principal Act.
Part 2--Amendment of Principal Act
Clause 4 inserts into section 3(1) of the Principal Act new definitions of
family violence, harm, highway service centre and municipal
district.
The new definition of harm includes harm to minors and
vulnerable persons, family violence and anti-social behaviour.
This broad definition of harm replaces the term "misuse and
abuse of alcohol" where that term is used in the Principal Act.
Clause 4 also amends the definitions of convenience store, liquor
that is the licensee's product, ordinary trading hours and
vending machine.
The amendment to the definition of liquor that is the licensee's
product inserts sake and mead as additional products that can be
supplied under a producer's licence. The amendment also inserts
a power to prescribe in regulations additional substances to be
included in the definition of liquor that is the licensee's product.
The amendment to the definition of vending machine allows for
payment by contactless card in addition to the methods of
payment already specified in the definition.
Clause 5 inserts new section 3C into the Principal Act which clarifies the
location where supply takes place when liquor is ordered online.
This is to address the situation where the order is placed at one
location and the liquor is stored at another. The new section
confirms that supply will occur where the liquor is appropriated
to the person's order. The example is given of a customer
ordering liquor from a licensee with no retail premises. In that
example, supply occurs at the warehouse where the order is
packed.
2
Clause 6 amends sections 4(1)(a) and 4(2) of the Principal Act to remove
references to misuse and abuse of alcohol. These references have
been made redundant by the new definition of harm (inserted by
clause 4).
Clause 7 amends section 7 of the Principal Act to insert a new licence
category, the online-only vendor packaged liquor licence into the
list of categories of licences and permits that may be issued under
the Principal Act. This category has been introduced to
accommodate the growth in online sale of liquor.
Clause 8 amends section 8 of the Principal Act which deals with general
licences.
Subclause (1) repeals section 8(1)(a)(ii) and subclause (2)
substitutes section 8(1)(ba) of the Principal Act. The effect of
these changes is to allow a licensee of a general licence to supply
liquor between 11 p.m. on a particular day and 1 a.m. the
following day for consumption on the licensed premises as of
right. This was previously only permitted on 31 December or
where the licence included a specific condition to that effect.
The supply of liquor until 1 a.m. for consumption off the licensed
premises (for example, from a bottle shop) is allowed only where
it has been permitted by the Commission and specified in the
licence.
Subclause (4) inserts new section 8(1)(d) which provides the
authority for a licensee of a general licence to supply liquor for
online orders.
A general licence is limited by the conditions in new
sections 8(2)(cb) to 8(2)(ce) (inserted by subclause (5))
which include--
• a requirement that the licensee must notify the
Commission before commencing the supply of
liquor for orders placed online;
• a requirement that delivery of liquor must only occur
during ordinary trading hours; and
• a requirement to comply with the conditions in new
section 18C of the Act and any additional requirements
that might be imposed in a Ministerial order made under
new section 18D (inserted by clause 17).
3
Subclause (6) provides that any existing obligations under
planning law override the provisions in section 8.
Clause 9 amends section 9(1)(a)(ii) of the Principal Act to omit the
requirement that an on-premises licence can supply liquor
between 11 p.m. on a particular day and 1 a.m. the following day
only if so determined by the Commission and specified in the
licence. This amendment enables an on-premises licensee to
supply liquor to 1 a.m. as of right without the need for a licence
condition.
Clause 10 amends section 9A of the Principal Act. Subclause (1) allows
licensees of a restaurant and cafe to supply liquor between
11 p.m. on a particular day and 1 a.m. the following day as of
right without the need for a specific licence condition.
Subclause (2) substitutes section 9A(1)(b) and inserts new
section 9A(1)(b) to (d) which authorise the licensee of a
restaurant and café licence--
• to supply liquor on any premises (other than the
licensed premises) that is authorised by the Commission
and specified in the licence, during ordinary trading
hours and between 11 p.m. on a particular day and
1 a.m. the following day;
• to supply packaged liquor for takeaway during ordinary
trading hours;
• to supply liquor for online orders.
A restaurant and cafe licence is limited by the conditions in
new sections 9A(2)(da), (db), (dc), (dd) and (de) (inserted by
subclause (3)) which include--
• a requirement to supply liquor only with a takeaway or
delivery adult meal and subject to quantity limits;
• a requirement that the licensee must notify the
Commission before commencing the supply of
takeaway liquor or supply of liquor by online orders;
• a requirement that delivery must only occur during
ordinary trading hours; and
• a requirement to comply with the conditions set out in
new section 18C of the Act and any additional
requirements that might be imposed in a Ministerial
4
order made under new section 18D (inserted by
clause 17).
Subclause (4) provides that any existing obligations under
planning law override the provisions in section 9A.
Clause 11 amends section 10 of the Principal Act to extend the operation of
a club licence.
Subclause (1) inserts new section 10(2B) which provides that a
full club licence authorises the supply of liquor to club members
by orders placed online.
Subclause (2) inserts new section 10(3A) which provides that all
club licensees are authorised to supply liquor to non-members
who are attending club events or functions on the licensed
premises and to supply liquor on the licensed premises in any
other circumstances determined by the Commission and specified
in the licence.
The ability of a full club licensee to supply liquor is limited by
the conditions in new section 10(4A) (inserted by subclause (3))
which include--
• a requirement to notify the Commission before
commencing the supply of liquor for orders placed
online;
• a requirement that delivery must occur before 11 p.m.;
and
• a requirement to comply with the conditions in new
section 18C of the Act and any additional requirements
that might be imposed in a Ministerial order made under
new section 18D (inserted by clause 17).
Subclause (4) is a consequential amendment to ensure that
section 10(5) of the Principal Act applies despite new
sections 10(1) to 10(3A).
Subclause (5) repeals section 10(6) of the Principal Act. This
subsection provides that a club licence in respect of licensed
premises in an electoral district referred to in clause 17(1) of
Schedule 3 to the Principal Act does not authorise the licensee to
supply liquor to an authorised gaming visitor. This subsection
relates to the dry areas provisions which are being abolished
under clauses 57 and 58.
5
Clause 12 amends section 11 of the Principal Act. Subclause (1) enables
packaged liquor licence licensees to supply liquor by orders
placed online provided that the licensee's predominant activity
remains retail sale of liquor for off premises consumption.
Subclause (2) is a consequential amendment as a result of
subclause (4). A packaged liquor licence is limited by the
conditions in new sections 11(3)(ca), (cb), (cc) and (cd)
(inserted by subclause (3)) which include--
• a requirement that the licensee must notify the
Commission before commencing the supply of
liquor for orders placed online;
• a requirement that delivery of liquor must only occur
during ordinary trading hours; and
• a requirement to comply with the conditions in new
section 18C of the Act and any additional requirements
that might be imposed in a Ministerial order made under
new section 18D (inserted by clause 17).
Subclause (4) repeals sections 11(5), (6) and (7) of the Principal
Act. These sections provide that the Minister may determine a
code of conduct for licensees of packaged liquor licences.
These sections are being repealed as the packaged liquor code
of conduct will be replaced by the standard conditions in new
section 18C and the power in new section 18D for the Minister to
make an order imposing additional requirements on licences that
authorise the supply of packaged liquor (which will be inserted
by clause 17).
Clause 13 amends section 11A of the Principal Act which deals with late
night licences.
Subclause (1) substitutes section 11A(2)(ba) to authorise a late
night (general) licence to supply liquor between 11 p.m. on a
particular day and 1 a.m. the following day for consumption on
the licensed premises as of right. Supply of liquor between these
hours for consumption off the licensed premises (for example,
from a bottle shop) is allowed only where it has been permitted
by the Commission and specified in the licence.
Subclause (3) inserts new section 11A(2)(d) which provides that
the late night (general) licence is authorised to supply liquor for
online orders. A late night (packaged liquor) licence is also
6
authorised to supply liquor for online orders due to the
amendments made to section 11A(6) under subclause(6).
Subclause (4) inserts new section 11A(3)(a)(ia) which provides
that a late night (on-premises) licence authorises the licensee to
supply liquor between 11 p.m. on any particular day until 1 a.m.
on the following day as of right without the need for a specific
licence condition.
Subclause (5)(a) makes a consequential amendment to
section 11A(5)(d) due to the repeal of section 11(3)(aad) of
the Principal Act by clause 12. Subclause (5)(b) inserts new
sections 11A(5)(db), (dc), (dd) and (de) which set out additional
conditions that apply to a late night (general) licence and a late
night (packaged liquor) licence. These conditions provide--
• that the licensee must notify the Commission before
commencing the supply of liquor for online orders;
• that delivery of liquor must only occur during ordinary
trading hours; and
• that a licensee must comply with the conditions in new
section 18C of the Act and any additional requirements
that might be imposed in a Ministerial order made under
new section 18D (inserted by clause 17).
Subclause (6) makes a consequential amendment, removing
references to "sections 11(5) to 11(8)" to reflect the repeal of
sections 11(5), 11(6) and 11(7) from the Principal Act by
clause 12. Section 11(8) was previously repealed by the Small
Business Commission Act 2017, making the reference
redundant.
Subclause (7) provides that any existing obligations under
planning law override the provisions in section 11A.
Clause 14 inserts new section 11B into the Principal Act which creates a
new licence category for online-only sale of liquor. This licence
is an online-only vendor packaged liquor licence and authorises
the licensee to supply packaged liquor by orders placed online for
consumption off the licensed premises during the times specified
in new section 11B(1)(a) and (b).
7
The online-only vendor packaged liquor licence is subject to the
conditions set out in new section 11B(2) which include--
• a requirement that the licensee must comply with the
conditions set out in sections 16 and 18 of the Principal
Act;
• a requirement that delivery of liquor must only occur
during ordinary trading hours; and
• a requirement that the licensee must comply with the
conditions in new section 18C and any additional
requirements that might be imposed in a Ministerial
order made under new section 18D (inserted by
clause 17); and
• a requirement that the licensee comply with any other
conditions determined by the Commission and specified
in the licence.
Clause 15 amends section 13 of the Principal Act. Subclauses (1) and (2)
insert a new section 13(1)(d) which authorises a licensee who
holds a producer's licence to supply liquor by online orders.
A producer's licence is limited by the conditions in new
sections 13(2)(ca) to (cd) (inserted by subclause (3)) which
include--
• a requirement that the licensee must notify the
Commission before commencing the supply of
liquor for orders placed online; and
• a requirement that delivery of liquor must only occur
during ordinary trading hours; and
• a requirement to comply with the conditions in new
section 18C of the Act and any additional requirements
that might be imposed in a Ministerial order made under
new section 18D (inserted by clause 17).
Clause 16 inserts new section 15A(1A) into the Principal Act which sets out
the hours that a BYO permit can operate on New Year's Eve.
Clause 17 inserts new sections 18C and 18D into the Principal Act which
set out standard conditions for online orders and empowers the
Minister to impose additional conditions on the sale of packaged
8
liquor. These amendments are directed at minimising the risk of
harm such as people under 18 accessing liquor.
New section 18C provides requirements for those supplying
liquor via online orders. Licensees must display their licence
number prominently online and in any advertising material
related to online ordering. They must also display any notice that
the Commission requires them to display on their website.
The section also sets out rules for the delivery of online liquor
orders. Orders must be delivered between ordinary business
hours (or before 11 p.m. for full club licensees). The first time a
customer orders from a licensee, that licensee must confirm that
the customer is over 18 and must instruct the person delivering
the order to deliver it only to that customer, following
verification of the customer's age. These requirements do not
apply to second or subsequent online orders made by the same
person, however, the licensee must ask the customer for
instructions as to where to leave the order, must provide those
instructions to the delivery person and instruct that person that
the liquor must only be delivered in accordance with those
instructions.
New section 18D empowers the Minister to impose additional
conditions on a licensee who is supplying packaged liquor.
This has been introduced to address any issues that might emerge
as a result of packaged liquor supply.
Clause 18 inserts new section 21B into the Principal Act which empowers
the Minister to authorise, by an Order published in the
Government Gazette, a licensee or a class of licensees to supply
packaged liquor during a state of emergency declared under
section 198 of the Public Health and Wellbeing Act 2008.
This supply is subject to the conditions provided by new
section 21B(4) which includes volume limitations. This
amendment recognises the challenges placed on licensed venues
during a state of emergency.
Clause 19 amends section 22 of the Principal Act. Subclause (1) amends
section 22(1)(c) to substitute "a convenience store" for "a milk
bar, convenience store or mixed business". This amendment
reflects the amended definition of convenience store in
section 3(1) of the Principal Act inserted by clause 4.
9
Subclause (2) amends section 22(1)(b) to clarify that, along with
petrol stations, highway service centres are not to be licensed
(with highway defined to include freeways).
Subclause (4) requires the Commission to consider prescribed
criteria when determining whether a convenience store may be
granted a licence under the exemption in section 22(2) of the
Principal Act.
Clause 20 repeals section 25A of the Principal Act so that licensees do not
have to seek Ministerial approval to sell liquor via vending
machines. This will instead be subject to the approval of the
Commission.
Clause 21 amends section 26B(4)(a) of the Principal Act to remove the
reference to "misuse and abuse of liquor". This reference has
been made redundant by the new definition of harm (inserted by
clause 4).
Clause 22 inserts new section 27AA into the Principal Act to introduce
definitions for community impact assessment, large packaged
liquor outlet and local community. These definitions relate to
the new application and objection processes for large packaged
liquor outlets which are set out in clauses 23 to 25.
Clause 23 inserts new section 28(1)(ac) into the Principal Act to require
large packaged liquor outlets to provide a community impact
assessment with their licence application. This will enable
community consultation and recognises the increased risk of
harm presented by large outlets.
Clause 24 inserts new section 29(3A) into the Principal Act to require
licensees to provide a community impact assessment where they
are seeking to vary a licence or permit and the variation would
result in the licence applying to a large packaged liquor outlet.
Clause 25 substitutes sections 35(1) and 35(2) of the Principal Act to allow
licence applications to be advertised in online newspapers
(as well as paper newspapers). This amendment recognises the
decline in print newspaper readership and the need for a more
convenient and cost-effective option.
10
Clause 26 amends section 40(1A) of the Principal Act to remove the
reference to "misuse and abuse of alcohol". This reference has
been made redundant by the new definition of harm (inserted by
clause 4).
Clause 27 amends section 41(1)(b)(ii) of the Principal Act to remove the
reference to "misuse and abuse of alcohol" and substitute it with
the new term "harm". This reference has been made redundant
by the new definition of harm (inserted by clause 4).
Clause 28 amends section 44(2)(b)(ii) of the Principal Act to remove the
reference to "misuse and abuse of alcohol" and substitute the new
term "harm". This reference has been made redundant by the
new definition of harm (inserted by clause 4).
Clause 28(2) inserts new section 44(2)(d) into the Principal Act
which allows the Commission to refuse a licence for a large
packaged liquor outlet on the basis that the net economic and
social impact of granting the application would be detrimental to
the wellbeing of the local community.
Clause 29 substitutes section 58(2)(aa) of the Principal Act. This
amendment allows the Commission to vary a licence to change
the category of licence held by a licensee to a new category of
licence. This broadens the current variation power which is
limited to specific licence categories.
Clause 30 inserts new section 58AB into the Principal Act which provides
the Commission with the power to vary a licence or BYO permit
during a state of emergency declared under section 198 of the
Public Health and Wellbeing Act 2008. The Commission must
notify the licensee or permittee about the variation as soon as
practicable and the variation must not be inconsistent with the
Principal Act. This amendment recognises the challenges placed
on licensed venues during a state of emergency.
Clause 31 amends section 62(1) of the Principal Act to clarify that the
section applies to the renewal of BYO permits.
Clause 32 inserts new Division 8A into Part 2 of the Principal Act setting
out the process for cancelling a licence or BYO permit where the
licensee has been evicted or has abandoned the premises.
11
New section 62A provides that an owner or mortgagee who is
in lawful possession of a licensed premises may apply to the
Commission to have the licence or BYO permit cancelled in
certain circumstances where the licensee or permittee has left
the premises.
New section 62B provides that the Commission must give notice
of an application to the licensee or permittee and any other
person who the Commission considers would suffer a material
detriment as a result of the licence or permit cancellation.
New section 62C sets out a process for the licensee, permittee or
other persons who have been given notice of the cancellation
application to make an objection to the application.
New section 62D provides that the Commission must either
cancel the licence or permit if no objection is made within the
time specified in section 62C or, if an objection is made, must
consider the objection before making a decision whether or not
to cancel the licence or permit.
Clause 33 amends section 66AD of the Principal Act to allow licensees to
provide wholesale data on an alternative date to the date
prescribed in regulations, if necessary. The amendments will
give the Commission the discretion to set an alternative date for
licensees where, for example, there are circumstances making it
difficult for the licensee to comply with reporting obligations.
Clause 34 amends section 91(1)(b)(iii) of the Principal Act to remove the
word "or" which appears twice.
Clause 35 amends section 92A(1)(b)(i) of the Principal Act to allow notices
to be advertised in online newspapers (as well as paper
newspapers). This amendment recognises the decline in print
newspaper readership and the need for a more convenient and
cost-effective option.
Clause 36 amends section 94B(3)(a) of the Principal Act to allow notices
to be advertised in online newspapers (as well as paper
newspapers). This amendment recognises the decline in print
newspaper readership and the need for a more convenient and
cost-effective option.
Clause 37 amends section 99D(a) of the Principal Act to remove the refence
to "misuse and abuse of liquor". This reference has been made
redundant by the new definition of harm (inserted by clause 4).
12
Clause 38 amends section 100(a) of the Principal Act to remove the
requirement that the residents' registers be kept in a form
approved by the Commission.
Clause 39 repeals section 101A of the Principal Act to remove the
requirement on licensees or permittees to give the Commission a
current plan or depiction of the licensed premises. This section
relates to a non-harm based administrative offence and its
removal will allow the Commission to direct more of its efforts
towards reducing the risk of harm.
Clause 40 amends section 108AH of the Principal Act to remove the
refence to "misuse and abuse of liquor". This reference has
been made redundant by the new definition of harm (inserted by
clause 4).
Clause 41 inserts section 109(2)(c) into the Principal Act to exempt online
sales of liquor from the prohibition on taking orders at unlicensed
premises. This recognises the fact that an online order might be
taken from any premises.
Clause 42 inserts new sections 109B and 109C into the Principal Act
which create offences relating to the delivery of online orders.
These additions recognise the increased risk of harm presented
by online supply of liquor.
Under the new section 109B, the licensee must instruct the
delivery person not to leave the order unattended on the same day
the order is placed. This instruction must be provided in writing.
Non-compliance may attract a penalty of 60 penalty units.
New section 109C extends the obligation to the delivery person
who must not deliver an online order to someone who is
intoxicated or at substantial risk of intoxication. Non-compliance
may attract a penalty of 120 penalty units.
Clause 43 amends section 113(2)(a) of the Principal Act to remove the
references to "milk bar" and "mixed business" and replace these
with "convenience store" which reflects the amended definition
of convenience store in section 3(1).
Clause 44 inserts new section 115A(1A) into the Principal Act to specify
types of advertising or promotions that would not be in the public
interest for the purposes of the power in section 115A(1) of the
Principal Act for the Commission to ban such advertisements or
13
promotions. This term was previously undefined in the Principal
Act and the amendments are aimed at providing greater certainty.
Clause 45 amends section 133I(3)(d) of the Principal Act to remove the
reference to "misuse and abuse of alcohol". This reference has
been made redundant by the new definition of harm (inserted by
clause 4).
Clause 46 amends section 141(2) of the Principal Act to provide that the
3 new offences introduced by the Bill and inserted by clauses 42
and 49 are infringement offences.
Clause 47 amends the definition of liquor accord in section 146A of the
Principal Act to remove the reference to "misuse and abuse of
alcohol". This reference has been made redundant by the new
definition of harm (inserted by clause 4). This clause also
amends the Principal Act to require accords to be published on
the Commission's website.
Clause 48 amends section 146B(b) of the Principal Act to provide that
where a liquor accord requires the licensees or permittees who
are parties to the accord to ban a person or persons from access to
their licensed premises, the ban can only be for a period that does
not exceed 12 months. This will prevent patrons from being
banned from a venue for an indefinite period of time.
Clause 49 inserts new sections 146DA and 146DB into the Principal Act
which both deal with liquor accords.
New section 146DA provides confidentiality protections for
information that is provided to licensees or permittees who are
parties to a liquor accord. Licensees must not use or disclose
information received from the Commission or a police officer
under section 146D, other than for the purpose of enforcing a
liquor accord ban or as permitted under law. Non-compliance
may attract a penalty of 60 penalty units.
New section 146DB provides that licensees may consult with
police when developing, enforcing or taking any action under a
liquor accord. Accord members commonly work with Victoria
Police in the development of accord arrangements. This
amendment clarifies the status quo.
14
Clause 50 inserts new section 157(3)(c) into the Principal Act, empowering
the Commission to direct parties contesting a licence application
to a compulsory conference. Conferences will provide an
alternative dispute resolution process with the aim to reduce the
administrative and financial burden on participants.
Clause 51 inserts new Division 2A of Part 9 into the Principal Act setting
out the processes for compulsory conferences.
New section 161 outlines the main purposes of a compulsory
conference which include to identify and clarify the nature of
issues in dispute and to promote resolution of differences before
the Commission makes a final decision.
New section 162 sets out the ability of the Commission to refer
parties to a compulsory conference and at what stage the
Commission may require parties to attend a conference.
New section 163 details how the notice of compulsory
conference must be given to the persons required to attend.
New section 164 sets out the process for a compulsory
conference including that it be held in private unless the
commissioner conducting the conference determines otherwise.
New section 165 allows parties to object to the review being
heard by the same commissioner who conducted their
conference. This is to address potential concerns around lack
of objectivity and to preserve admissibility of evidence.
New section 166 sets out what happens when one party fails to
attend the conference. It provides that the commissioner may
proceed in the absence of that person and may settle matters in a
way which is adverse to the absent person.
New section 167 provides that evidence given during a
compulsory conference is only admissible for the internal review
where all the parties agree to its inclusion or where the evidence
relates to particular offences under the Act.
Clause 52 inserts new Division 3 of Part 9 into the Principal Act which
gives parties the ability to apply to VCAT for review of a
decision made by the Commission on internal review.
New section 169 confirms that a person who is an eligible person
within the meaning of section 152 of the Act may apply to VCAT
to review an internal review decision made by the Commission.
15
New section 170 gives parties 28 days to apply to VCAT for
review.
Clause 53 amends section 172A of the Principal Act to update the wording
from "institute" to "commence".
Clause 54 amends section 179(1A) to allow a determination by the
Commissioner of State Revenue to be published in online
newspapers (as well as paper newspapers). This amendment
recognises the decline in print newspaper readership and the
need for a more convenient and cost-effective option.
Clause 55 amends section 180 of the Principal Act to allow regulations to
prescribe fees that differ according to the geographical location
of the licensee, permittee or licensed premises.
Clause 56 repeals paragraphs (e) and (f) in Schedule 1 to the Principal Act
and inserts new paragraphs (g)(iiia) and (g)(iiib) in Schedule 1 to
the Principal Act. These paragraphs change the rules for electing
the management committee of an unincorporated club so that
members can be elected where there is a quorum of 10%.
Clause 57 repeals clause 17 of Schedule 3 to the Principal Act to abolish the
dry areas. The repeal removes the ability of local residents to
vote on a proposed liquor licence application in those designated
areas. It will bring the licence application process in those dry
areas into line with the application process applying throughout
the rest of the State. The abolition will reduce red tape as well as
reducing the burden on taxpayers who fund licence polling in the
dry areas.
Clause 58 repeals clause 18 of Schedule 3 to the Principal Act which
enabled local Councils to poll residents in a particular electoral
district on whether to retain, alter or repeal the provisions of
clause 17 of Schedule 3 to the Principal Act in that area.
Clause 59 amends section 182 of the Principal Act to insert a reference to
the transitional provisions in new Schedule 6.
Clause 60 inserts new Schedule 6 to the Principal Act which sets out the
transitional provisions for this Bill.
New clause 1 of Schedule 6 clarifies that the Interpretation of
Legislation Act 1984 applies and that Schedule 6 will override
any contradicting provision in the Principal Act.
16
New clause 2 of Schedule 6 provides for certain renewable
limited licences that authorise the supply of liquor by online
orders and where the licensee does not have a retail premises
open to the public to transition to the new licence category of
online-only vendor packaged liquor licence (inserted by
clause 14).
New clauses 3 to 10 of Schedule 6 apply to general licences,
on-premises licences, restaurant and café licences, club licences,
packaged liquor licences, late night licences, producer's licences
and BYO permits that were in force immediately before the
commencement of the Bill. These clauses provide that the
licences and permits remain in force and are subject to any new
conditions specified in the relevant sections as amended by this
Bill, as well as any conditions that the licence or permit was
subject to before commencement.
New clause 11 of Schedule 6 provides that the conditions
introduced by new section 18C (inserted by clause 17) will apply
to existing licences that are authorised to supply packaged liquor
from the date that new section 18C commences.
New clause 12 of Schedule 6 provides that any conditions in
relation to the supply of packaged liquor that are specified in an
Order made under new section 18D (inserted by clause 17) will
apply to existing licences that are authorised to supply packaged
liquor from the date new section 18D commences.
New clause 13 of Schedule 6 provides that applications for large
packaged liquor outlets that were made but not determined before
the commencement or amendment of the relevant sections will be
determined in accordance with the provisions that applied at the
time the application was lodged, rather than under the new
requirements.
New clause 14 of Schedule 6 provides that applications for
internal review that have been made but not determined before
the commencement of the relevant sections will be determined
under the provisions that applied at the time the application was
lodged, rather than under the new provisions.
New clause 15 of Schedule 6 provides that the ability to seek
review at VCAT under new Division 3 of Part 9 (inserted by
section 52) will only apply to internal review decisions made
following commencement of new Division 3 of Part 9.
17
New clause 16 of Schedule 6 enables the making of regulations
of a transitional nature. This section is repealed on the second
anniversary of its commencement.
Part 3--Consequential amendment
Clause 61 inserts new section 25(1A) into the Victorian Commission for
Gambling and Liquor Regulation Act 2011 to exempt
compulsory conferences under Division 2A of Part 9 of the
Principal Act (inserted by clause 51) from parts of that Act.
Part 4--Repeal of this Act
Clause 62 provides for the automatic repeal of this amending Act on
31 December 2023. The repeal of this Act does not affect the
continuing operation of the amendments made by this Act (see
section 15(1) of the Interpretation of Legislation Act 1984).
18