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Liquor Control Reform Amendment
(ANZAC Day) Bill 2010
Introduction Print
EXPLANATORY MEMORANDUM
General
The Bill amends the Liquor Control Reform Act 1998 to limit the
circumstances in which the supply of liquor may be authorised on ANZAC
Day.
Clause Notes
Clause 1 sets out the purpose of the Bill. The main purpose of the Bill is
to amend the Liquor Control Reform Act 1998 ("the Principal
Act") in relation to the supply of liquor on ANZAC Day.
The Bill amends the Principal Act by imposing a restriction on
the supply of liquor under licences and BYO permits granted
before and after the Bill commences operation on the morning of
ANZAC Day ("ANZAC Day restriction").
Under the Principal Act the Director of Liquor Licensing ("the
Director") may authorise the supply of liquor under a general,
on-premises, and packaged liquor licence at any time but not
earlier than 5 a.m. on a particular day. Under the Principal Act
the Director may authorise the supply of liquor under a restaurant
and café, club, late night and renewable limited licence at any
time but not earlier than 3 a.m. on a particular day. The ANZAC
Day restriction will apply to general, on-premises and packaged
liquor licences between 5 a.m. and 12 noon on ANZAC Day and
to restaurant and café, club, late night and renewable limited
licences between 3 a.m. and 12 noon on ANZAC Day.
The supply of liquor under a vigneron's licence and a pre-retail
licence will not be affected by the proposed restrictions.
561452 1 BILL LA INTRODUCTION 4/2/2010
Under the Principal Act the Director may authorise liquor to be
consumed, possessed or controlled on premises in respect of
which a permit is granted. The ANZAC Day restriction will
apply to BYO permits between 3 a.m. and 12 noon on ANZAC
Day.
Clause 2 provides for the commencement of the various clauses of the Bill.
Subclause (1) provides that the Bill will come into operation on a
day or days to be proclaimed.
Subclause (2) provides that any provision of the Bill that does not
come into operation before 1 July 2010, comes into operation on
that day.
Clause 3 provides that in this Bill the Liquor Control Reform Act 1998
is referred to as the Principal Act.
Clause 4 amends section 8(1)(a)(iii) of the Principal Act by inserting the
term "subject to section 15A" before "between". The effect of
this amendment is that the authority to supply liquor under a
general licence is made subject to the ANZAC Day restriction
contained in proposed section 15A, inserted into the Principal
Act by clause 13 of the Bill.
Clause 5 amends the Principal Act to prohibit the supply of liquor on the
morning of ANZAC Day on premises licensed under an
on-premises licence and on any other premises authorised by the
Director and specified in an on-premises licence.
Subclause (1) amends section 9(1)(a)(iii) of the Principal Act by
inserting the term "subject to section 15A," before "between".
The effect of this amendment is that the authority to supply liquor
under an on-premises licence on the licensed premises is made
subject to the ANZAC Day restriction contained in proposed
section 15A, inserted into the Principal Act by clause 13 of the
Bill.
Subclause (2) amends section 9(1)(b)(iii) of the Principal Act by
inserting the term "subject to section 15A," before "between".
The effect of this amendment is that the authority to supply liquor
on any other premises authorised by the Director and specified on
an on-premises licence is made subject to the ANZAC Day
restriction contained in proposed section 15A, inserted into the
Principal Act by clause 13 of the Bill.
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Clause 6 amends the Principal Act to prohibit the supply of liquor under a
restaurant and café licence on the morning of ANZAC Day.
Subclause (1) amends section 9A(1)(a)(ii) of the Principal Act by
inserting the term "subject to section 15A," before "at any other
times". The effect of this amendment is that the authority to
supply liquor under a restaurant and café licence on the licensed
premises is made subject to the ANZAC Day restriction
contained in proposed section 15A, inserted into the Principal
Act by clause 13 of the Bill.
Subclause (2) amends section 9A(1)(b) of the Principal Act by
inserting the term "subject to section 15A," before "to supply".
The effect of this amendment is that the authority to supply liquor
on any other premises authorised by the Director and specified on
a restaurant and café licence is made subject to the ANZAC Day
restriction contained in proposed section 15A, inserted into the
Principal Act by clause 13 of the Bill.
Clause 7 amends the Principal Act to prohibit the supply of liquor under a
club licence on the morning of ANZAC Day.
Subclause (1) amends section 10(2)(b) of the Principal Act by
inserting the term "subject to section 15A," before "at any other
times". The effect of this amendment is that the authority to
supply liquor under a full club licence is made subject to the
ANZAC Day restriction, as contained in proposed section 15A,
inserted into the Principal Act by clause 13 of the Bill.
Subclause (2) amends section 10(3) of the Principal Act by
substituting the term "Subject to section 15A, a restricted" for the
term "A restricted". The effect of this amendment is that the
authority to supply liquor under a restricted club licence to a
member of a club, an authorised gaming visitor or a guest of a
member for consumption on the licensed premises is made
subject to the ANZAC Day restriction as contained in proposed
section 15A, inserted into the Principal Act by clause 13 of the
Bill.
Clause 8 amends section 11(1)(c) of the Principal Act by inserting the term
"subject to section 15A" before "between". The effect of this
amendment is that the authority to supply liquor under a
packaged liquor licence is made subject to the ANZAC Day
restriction as contained in proposed section 15A, inserted into the
Principal Act by clause 13 of the Bill.
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Clause 9 amends the Principal Act to prohibit the supply of liquor under a
late night (general), late night (on-premises) and a late night
(packaged liquor) licence on the morning of ANZAC Day.
Subclause (1) amends section 11A(2)(a)(ii) of the Principal Act
by inserting the term "subject to section 15A" before "at any
other times". The effect of this amendment is that the authority
to supply liquor under a late night (general) licence is made
subject to the ANZAC Day restriction as contained in proposed
section 15A, inserted into the Principal Act by clause 13 of the
Bill.
Subclause (2) amends section 11A(3)(a)(ii) of the Principal Act
by inserting the term "subject to section 15A" before "at any
other times". The effect of this amendment is that the authority
to supply liquor under a late night (on-premises) licence on the
licensed premises is made subject to the ANZAC Day restriction
as contained in proposed section 15A, inserted into the Principal
Act by clause 13 of the Bill.
Subclause (3) amends section 11A(3)(b) of the Principal Act by
inserting the term "subject to section 15A," before "to supply".
The effect of this amendment is that the authority to supply liquor
on any other premises authorised by the Director and specified in
a late night (on-premises) licence is made subject to the ANZAC
Day restriction as contained in proposed section 15A, inserted
into the Principal Act by clause 13 of the Bill.
Subclause (4) amends section 11A(4)(b) of the Principal Act by
inserting the term "subject to section 15A," before "at any other
times". The effect of this amendment is that the authority to
supply liquor under a late night (packaged liquor) licence is made
subject to the ANZAC Day restriction as contained in proposed
section 15A, inserted into the Principal Act by clause 13 of the
Bill.
Clause 10 amends the Principal Act so that the Director's power to authorise
the supply of liquor between 3 a.m. and 12 noon on ANZAC Day
under a temporary limited licence is made subject to proposed
section 15A and to make the supply of liquor under a renewable
limited licence subject to the ANZAC Day restriction contained
in proposed section 15A, inserted into the Principal Act by
clause 13 of the Bill.
Subclause (1) amends section 14(1A)(a) of the Principal Act by
inserting the term "subject to section 15A" after "Director".
The effect of this amendment is that the Director's power to
authorise the supply of liquor between 3 a.m. and 12 noon on
ANZAC Day under a temporary limited licence is made subject
to the requirement contained in proposed section 15A that the
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Director is satisfied that the supply of liquor under a temporary
limited licence will occur in connection with ANZAC Day
commemorative activities and will be consistent with the solemn
observance of the day.
Subclause (2) amends section 14(1B)(a) of the Principal Act by
inserting the term "subject to section 15A," before "authorises".
The effect of this amendment is that the authority to supply liquor
under a renewable limited licence is made subject to the ANZAC
Day restriction as contained at proposed section 15A, inserted
into the Principal Act by clause 13 of the Bill.
Clause 11 amends section 14A(1) of the Principal Act by inserting the term
"subject to section 15A" after "Director". The effect of this
amendment is that the Director's power to authorise the supply of
liquor between 3 a.m. and 12 noon on ANZAC Day under a
major event licence is made subject to the requirement contained
in proposed section 15A, inserted into the Principal Act by
clause 13 of the Bill, that the Director is satisfied that the supply
of liquor will occur in connection with ANZAC Day
commemorative activities and be consistent with the solemn
observance of that day.
Clause 12 amends section 15(1) of the Principal Act by inserting the term
"subject to section 15A(1)" after "Director". The effect of this
amendment is that the authority to allow liquor to be consumed,
possessed or controlled on premises in respect of which a BYO
permit is granted is made subject to the ANZAC Day restriction
as contained in proposed section 15A, inserted into the Principal
Act by clause 13 of the Bill.
Clause 13 inserts proposed sections 15A, 15B, 15C and 15D into the
Principal Act.
Proposed section 15A(1) provides that restaurant and café, club,
late night and renewable limited licences do not, despite anything
to the contrary under the Principal Act or in the licences,
authorise the supply of liquor at any time between 3 a.m. and
12 noon on ANZAC Day. Proposed section 15A(1) is made
subject to proposed sections 15B(1), 15C(1) and 15D(1) to allow
for an exemption from the restrictions in certain circumstances.
Proposed section 15A(2) provides that a BYO permit does not
authorise the supply of liquor at any time between 3 a.m. and
12 noon on ANZAC Day despite anything to the contrary in
section 15 or a BYO permit.
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Proposed section 15A(3) provides that a general licence, an on-
premises licence and a packaged liquor licence do not, despite
anything to the contrary in the Principal Act or a general,
on-premises or packaged liquor licence, authorise the supply of
liquor at any time between 3 am and 12 noon on ANZAC Day.
Subsection (3) is made subject to sections 15B(2),15C(2) and
15D(2) to allow for an exemption from the restrictions in certain
circumstances.
Proposed section 15A(4) provides that the Director must not
make a determination in respect of a temporary limited licence
under section 14(1A)(a) or in respect of a major event licence
under section 14A(1) authorising the supply of liquor at any time
between 3 a.m. and 12 noon on ANZAC Day unless the Director
is satisfied that the supply of liquor--
ˇ will occur in connection with ANZAC Day
commemorative activities; and
ˇ will be consistent with the solemn observance of that
day.
Proposed section 15A(5) provides that proposed section 15A
applies to a licence or BYO permit, except a temporary limited
licence or a major event licence, whether granted before or after
the commencement of section 15A. The effect of this section is
that all licences and BYO permits, except for temporary limited
licences and major events licences, granted before and after
clause 13 commences operation, are made subject to the ANZAC
Day restriction.
Proposed section 15A(6) provides that proposed section 15A
applies to a temporary limited licence and a major event licence
granted after the commencement of clause 13. The effect of
proposed section 15A(6) is that following the commencement of
clause 13 the Director can only authorise the supply of liquor
between 3 a.m. and 12 noon on ANZAC Day under a temporary
limited or major event licence if satisfied that the supply will
occur in connection with ANZAC Day commemorative activities
and will be in accordance with the solemn observance of the day.
Proposed section 15A(7) provides that section 15A does not
apply to a licence held by the Returned and Services League or a
sub-branch of the Returned and Services League. The effect of
proposed subsection 15A(7) is that the Returned and Services
League and sub-branches of the Returned Services League will
continue to be able to supply liquor on the morning of ANZAC
Day under a licence granted under the Principal Act before or
after clause 13 commences operation.
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Proposed section 15B(1) provides that section 15A(1) does not
prohibit the supply of liquor at any time between 3 a.m. and
12 noon on ANZAC Day under a licence of a specific category
held in relation to an outwards or inwards duty free shop within
the meaning of the Customs Act 1901 of the Commonwealth or
in respect of liquor supplied for purchase or consumption on an
aircraft.
Proposed section 15B(2) provides that proposed section 15A(3)
does not prohibit the supply of liquor at any time between 5 a.m.
and 12 noon on ANZAC Day under a licence of a specific
category held in relation to an outwards or inwards duty free shop
within the meaning of the Customs Act 1901 or in respect of
liquor supplied for purchase or consumption on an aircraft.
Proposed section 15C(1) provides that section 15A(1) does not
prohibit the supply of liquor at any time between 3 a.m. and
12 noon on ANZAC Day under a late night (on-premises) or a
renewable limited licence if that supply--
ˇ is authorised under section 11A(3) or 14(1B); and
ˇ is either--
ˇ to a resident of the licensed premises or the guest
of a resident for consumption on the licensed
premises; or
ˇ if the licensee resides on the licensed premises,
on that part of the premises set aside for the
licensee's private residence to a guest of the
licensee for consumption on that part of the
licensed premises.
Proposed section 15C(2) provides that section 15A(3) does not
prohibit the supply of liquor at any time between 5 a.m. and
12 noon on ANZAC Day under a general licence or an on-
premises licence if that supply--
ˇ is authorised under section 8 or 9; and
ˇ is either--
ˇ to a resident of the licensed premises or the guest
of a resident for consumption on the licensed
premises; or
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ˇ if the licensee resides on the licensed premises,
on that part of the premises set aside for the
licensee's private residence to a guest of the
licensee for consumption on that part of the
licensed premises.
Proposed section 15D(1) provides that section 15A(1) does not
prohibit the supply of liquor at any time between 3 a.m. and
12 noon on ANZAC Day under a licence if that supply--
ˇ takes place on a winery owned or occupied by the
licensee; or
ˇ is connected with the business activities of a winery
owned or occupied by the licensee.
Proposed section 15D(2) provides that section 15A(3) does not
prohibit the supply of liquor at any time between 3 a.m. and
12 noon on ANZAC Day under a licence if that supply--
ˇ takes place on a winery owned or occupied by the
licensee; or
ˇ is connected with the business activities of a winery
owned or occupied by the licensee.
Proposed section 15D(3) inserts a new definition of winery for
the purposes of proposed section 15D. This clearly establishes
the scope of the exemption contained in that proposed section.
A winery is defined as a vineyard or orchard containing fruit-
bearing vines or fruit trees from which liquor is produced.
It is intended that section 15D operate to exempt activities on or
in connection with a winery, regardless of the licence category
held by the licensee. It is intended to exempt any activities which
are operated in conjunction with or as part of the business
activities or operations of the winery, regardless of whether these
are located on the same property as the winery. Examples of
such activities would include cellar door tastings and sales,
restaurants and conference centres.
Clause 14 provides for the automatic repeal of the Bill on 1 July 2011.
The repeal of the Bill 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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