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Liquor Control Reform (Prohibited Products)
Bill
As Sent Print
EXPLANATORY MEMORANDUM
Clause 1 provides that the purpose of the Bill is to amend the Liquor
Control Reform Act 1998 to prohibit or restrict the sale of
certain alcoholic products.
Clause 2 provides that the Bill is to commence operation on 21 December
2001.
Clause 3 defines the Principal Act as the Liquor Control Reform Act
1998.
Clause 4 amends section 3(1) of the Principal Act by inserting the
definition of an "alcohol-based food essence" and amending the
definition of "supply" to remove the reference to liquor, as the
term will be used in the Principal Act in a wider sense.
Clause 5 amends section 4(a) of the Principal Act by inserting sub-
paragraph (iii) which expands the objects of the Principal Act to
include restricting the supply of certain alcoholic products other
than liquor.
Clause 6 amends section 90(1) of the Principal Act by inserting
paragraph (ba), which provides an additional ground for an
application to the Victorian Civil and Administrative Tribunal for
the holding of an inquiry into a licensee or permittee.
Clause 7 inserts new Division 1A after Division 1 of Part 8 of the
Principal Act concerning restrictions on the supply of liquor and
other alcoholic products. New Division 1A inserts sections 118A
and 118B into the Principal Act.
541248 BILL LA AS SENT 30/11/2001
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Section 118A creates an offence where a person supplies by
retail an alcohol-based food essence that, in the case of vanilla
essence, is packaged in a container of more than 100 millilitres
capacity and in any other case is packaged in a container of more
than 50 millilitres capacity. The maximum penalty provided is
30 penalty units ($3000).
Section 118B(1) provides that the Governor in Council, on the
recommendation of the Minister, may make regulations
prohibiting the supply of any class of liquor.
Sub-section (2) provides that the Minister may recommend the
making of such regulations only if satisfied that it is in the
interest of the community to do so.
Sub-section (3)(a) provides that regulations made under this
section may impose a penalty not exceeding 30 penalty units
($3000) for a breach of the regulations.
Sub-section (3)(b) provides that regulations made under this
section may be of general or of specially limited application.
Sub-section (3)(c) provides that regulations made under this
section may differ according to differences in time, place or
circumstances.
Sub-section (4) enables regulations made under this section to be
disallowed by a House of the Parliament without a
recommendation for disallowance being made by the Scrutiny of
Acts and Regulations Committee.
Clause 8 provides for a consequential amendment to section 126(4)(c) of
the Principal Act by substituting "give" for "supply". This is
because "supply" is defined in the Act in relation to supplying
liquor or other products and that definition is not appropriate in
respect of section 126(4)(c), which is about supplying evidence.
Clause 9 amends section 140(1) of the Principal Act so that the principal
registrar of the Magistrates' Court must give written notice to the
Director of an offence against regulations made under the
Principal Act.
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Clause 10 amends sections 141(2) and 144 of the Principal Act.
Section 141(2) is amended by the insertion of paragraphs (ia) and
(ib). Paragraph (ia) provides for an infringement notice to be
served in respect of an offence under section 118A while
paragraph (ib) provides for an infringement notice to be served in
respect of an offence against a regulation made under
section 118B. Section 144 is amended so as to provide that the
infringement penalty for an offence against a regulation is one-
tenth of the maximum penalty fixed by the regulation.
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