Victorian Current Acts Victorian Current ActsS. 58(1) amended by No. 58/2011 s. 104(Sch. item 4.101).
(1) The Commission, at its own initiative, may vary a licence or BYO permit in accordance with this section.
(2) A variation under this section may include—
S. 58(2)(aa) inserted by No. 59/2009 s. 26, substituted by No. 49/2021 s. 29.
(aa) a variation of the category of licence held by the licensee to another category of licence;
(a) a variation of the times outside ordinary trading hours at which the licence or permit authorises the supply of liquor;
(b) a variation of the size or perimeter of the licensed premises;
S. 58(2)(ba) inserted by No. 21/2014 s. 15.
(ba) a variation of the times within ordinary trading hours between 31 December and 1 January at which the licence or permit authorises the supply of liquor;
(c) a variation of a condition of the licence or permit (other than a condition imposed by this Act);
(d) the imposition of a new condition on the licence or permit;
(e) the removal of a condition of the licence or permit (other than a condition imposed by this Act).
S. 58(3) amended by No. 58/2011 s. 104(Sch. item 4.102).
(3) If the Commission proposes to vary a licence or BYO permit, the Commission must give the licensee or permittee written notice of the proposed variation.
S. 58(4) amended by No. 58/2011 s. 104(Sch. item 4.103).
(4) Within 21 days after notice is given to the licensee or permittee under subsection (3), the licensee or permittee may give the Commission written notice of objection to the proposed variation.
S. 58(5) amended by No. 58/2011 s. 104(Sch. item 4.104).
(5) If the licensee or permittee gives notice of objection in accordance with subsection (4), the Commission must not vary the licence or permit unless the Commission—
(a) has given the licensee or permittee a reasonable opportunity to make written and oral submissions in relation to the objection; and
(b) has considered any submissions so made.
S. 58A inserted by No. 92/2004 s. 20, amended by No. 58/2011 s. 104(Sch. item 4.105).