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LIQUOR CONTROL REFORM AMENDMENT (PARTY BUSES) BILL 2009

   Liquor Control Reform Amendment
         (Party Buses) Bill 2009

                        Introduction Print

              EXPLANATORY MEMORANDUM


                                 General
The Bill amends the Liquor Control Reform Act 1998 in relation to the
consumption of liquor on party buses and for other purposes.

                              Clause Notes
Clause 1   sets out the purpose of the Bill, which is to amend the Liquor
           Control Reform Act 1998 to better regulate the supply and
           consumption of liquor on party buses.

Clause 2   provides for the commencement of the various clauses of the Bill.
           Subclause (1) provides that sections 1, 2 and 5 will come into
           operation on the day after the day on which the Bill receives the
           Royal Assent.
           Subclause (2) provides that section 9 will come into operation on
           the day on which section 11 of the Infringements and Other
           Acts Amendment Act 2008 comes into operation.
           Subclause (3) provides for the remaining provisions of the Bill to
           come into operation on a day to be proclaimed.
           Subclause (4) provides that any provision referred to in subclause
           (3) that is not already in force will come into operation on
           1 November 2010.

Clause 3   provides that in this Bill the Liquor Control Reform Act 1998
           is referred to as the Principal Act.

Clause 4   inserts a new definition of party bus into section 3(1), the
           definitions section, of the Principal Act. The term party bus has
           the meaning set out in the new section 113A of the Principal Act
           (to be inserted under clause 7 of the Bill).



561447                               1     BILL LA INTRODUCTION 10/11/2009

 


 

Clause 5 amends section 15(2)(b) of the Principal Act to allow the Director to grant a BYO permit in respect of a party bus. Clause 6 inserts a new subsection (6) into section 108 of the Principal Act to establish the circumstances which will not give rise to an offence under section 108(4)(b). The existing section 108(4)(b) provides that a licensee or permittee must not permit drunken or disorderly persons to be on the licensed premises or on any authorised premises. The new section 108(6) will allow a party bus operator to permit a drunken or disorderly passenger to remain on the party bus until the end of the journey but will not require a party bus operator to detain a drunken or disorderly passenger. Clause 7 inserts a new section 113A into the Principal Act, which deals with the consumption of liquor on party buses. Subsection (1) provides that the operator of a party bus who permits or allows any liquor to be consumed on the party bus in the prescribed circumstances without a licence or BYO permit being in force in respect of that party bus is guilty of an offence. The maximum penalty for the offence is 50 penalty units. Subsection (2) provides for a defence to the offence contained in subsection (1). There is a clear reversal of onus and it is for the accused to prove that the elements of the defence apply. Subsection (3) sets out the prescribed circumstances for the purposes of subsection (1). These require a party bus to operate within specified times (on or after 8 p.m. on a particular day and before 5 a.m. on the following day) and for its operations to be sufficiently connected to a designated area. A designated area is defined in section 3(1) of the Principal Act as an area declared under section 147 of the Principal Act. Subsection (4) inserts new definitions of Australian Design Rules, bus, community and private bus service, operator and party bus for the purposes of section 113A. These definitions clearly establish the scope of the offence in section 113A(1) by defining what is meant by an "operator of a party bus". Clause 8 inserts a new subclause (4) into section 144 of the Principal Act. This amendment provides that a contravention of the new offence in section 113A(1) may be dealt with by way of infringement notice as part of the trial expansion of the infringements system implemented through Part 2 of the Infringements and Other Acts Amendment Act 2008. The new section provides that the infringement penalty for a contravention of section 113A(1) is two penalty units. 2

 


 

Clause 9 provides for the repeal of the new section 144(4) of the Principal Act (as inserted by clause 8 of the Bill). Clause 9 of the Bill is effective on the date that corresponds with the completion date for the trial expansion of the infringements system (which is due to conclude on 1 July 2011). Clause 10 provides for the automatic repeal of this amending Act on 1 November 2011. The repeal of this Act does not affect in any way the operation of the amendments made by this Act (see section 15(1) of the Interpretation of Legislation Act 1984). 3

 


 

 


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