Victorian Current Acts

LIQUOR CONTROL REFORM ACT 1998 - SECT 21B

    (1)     This section applies during a state of emergency or when a pandemic declaration is in force.

    (2)     Subject to subsection (3), the Minister, by Order published in the Government Gazette, may authorise a licensee or class of licensees whose licence does not ordinarily authorise the supply of packaged liquor to supply packaged liquor in accordance with the Order.

    (3)     An Order under subsection (2) applies only in relation to a licensee or class of licensees whose licensed premises is located within one or more emergency areas or the pandemic management area (as the case requires).

    (4)     The following are not required for any proposed Order that is to be made under subsection (2)—

        (a)     consultation under section 12C of the Subordinate Legislation Act 1994 ;

        (b)     the preparation of a regulatory impact statement under section 12E of the Subordinate Legislation Act 1994 .

    (5)     The supply of packaged liquor by a licensee to whom an Order under subsection (2) applies is subject to the following conditions—

        (a)     that packaged liquor is supplied on the licensee's licensed premises for consumption off the licensee's licensed premises;

        (b)     that each transaction must be no more than—

              (i)     2 containers of wine not more than 750 millilitres capacity each; or

              (ii)     12 containers of beer, cider or pre‑mixed spirits not more than 375 millilitres capacity each; or

              (iii)     one container of wine not more than 750 millilitres capacity and 6 containers of beer, cider or pre‑mixed spirits not more than 375 millilitres capacity each.

    (6)     The Minister, at any time by Order published in the Government Gazette, may vary or revoke an Order under subsection (2).

    (7)     An Order under subsection (2) ceases to have effect on the earlier of—

        (a)     the state of emergency or the pandemic declaration that was in force at the time the Order was made ceasing to have effect; or

        (b)     its revocation under subsection (6).

    (8)     Despite subsection (7), if a pandemic declaration comes into force in the circumstances referred to in section 165CH of the Public Health and Wellbeing Act 2008 and an Order under subsection (2) was in effect immediately before in relation to the relevant state of emergency, the Order continues in relation to so much of each emergency area that is in the pandemic management area until the earlier of—

        (a)     the pandemic declaration ceasing to have effect; or

        (b)     the revocation of the Order under subsection (6).

Division 3—Restrictions on grant of licences and BYO permits