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LIQUOR CONTROL REFORM ACT 1998 - SCHEDULE 3

Schedule 3––Savings and transitional provisions

Section 182

Sch. 3 Pt 1 (Heading) inserted by No. 71/2011 s. 31(1).

Part 1—General provisions

        1     Definitions

In this Schedule—

"commencement day" means the day on which Part 11 of this Act comes into operation;

"Commission" means the Liquor Licensing Commission established under the repealed Act;

"licence" includes a licence within the meaning of the repealed Act;

"licensed premises" includes licensed premises within the meaning of the repealed Act;

"licensee" includes a licensee within the meaning of the repealed Act;

"permit" includes a permit granted under the repealed Act;

Sch. 3 cl. 1 def. of repealed Act amended by No. 23/2002 s. 197(1)(a).

"repealed Act" means the Liquor Control Act 1987 ;

Sch. 3 cl. 1 def. of Victorian Electoral Commission inserted by No. 23/2002 s. 197(1)(b).

"Victorian Electoral Commission" means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002 .

        2     Liquor Licensing Commission

    (1)     On the commencement day—

        (a)     the Commission is abolished and its members go out of office;

        (b)     the office of Chief Executive Officer of the Commission is abolished and the person who held that office immediately before the commencement day goes out of office.

    (2)     Despite subclause (1)(a), the Commission, as constituted immediately before the commencement day, may hear and determine any application or matter under the repealed Act that was made or had arisen before that commencement.

    (3)     Subject to this clause, the repealed Act applies to the hearing and determination of an application or matter under subclause (2) as if this Act had not been enacted.

    (4)     Subject to this clause a determination under the repealed Act made by reason of subclause (2) has effect—

        (a)     in the case of a determination relating to the grant, variation, transfer or removal of a licence or permit—as if it had been made under the repealed Act immediately before the commencement day; and

        (b)     in any other case—as if it had been made under this Act.

    (5)     A person who would be entitled to apply for review of a determination of the Commission under subclause (2) by virtue of section 105 of the repealed Act may apply to the Tribunal for review of the determination and the repealed Act applies to that review as if a reference in the repealed Act to the Full Commission were a reference to the Tribunal.

        3     Licences and permits under repealed Act

A licence or permit of a kind, or having effect as if it were a licence or permit of a kind, specified in column 1 of an item in the Table that is in force immediately before the commencement day is deemed to be, on and after the commencement day, a licence or permit of the kind specified in column 2 of that item granted and in force under this Act.

TABLE

Item

Column 1

Licence or permit under repealed Act

Column 2

Licence or permit under this Act

1.

General (class 1) licence

General licence

2.

Residential licence

General licence

3.

On-premises licence

On-premises licence

4.

General (class 2) licence

On-premises licence

5.

Limited licence

Limited licence

6.

Full club licence

Full club licence

7.

Restricted club licence

Restricted club licence

8.

Producer's or distributor's licence—


8.1

- granted to a producer

Pre-retail licence

8.2

- granted to a distributor

Pre-retail licence

8.3

- granted to a vigneron

Vigneron's licence

9.

Packaged liquor licence

Packaged liquor licence

10.

BYO permit

BYO permit

        4     Conditions of licences and permits under the repealed Act

    (1)     A licence or permit referred to in clause 3 is subject to the conditions to which it was subject immediately before the commencement day.

    (2)     The Director may remove a condition from a licence or permit referred to in clause 3 (other than a condition referred to in clause 6(3)) on application by a licensee or permittee or on the Director's own initiative.

        5     Extended hours permits

If, immediately before the commencement day, a licensee of a licence referred to in column 1 of the Table in clause 3 held an extended hours permit under the repealed Act in respect of the licensed premises, the licence held by the licensee under this Act as a result of the operation of clause 3 authorises the licensee to supply liquor, in accordance with the licence, at the times specified in that permit.

        6     Additional authority and conditions for pre-retail licence for producers and distributors

    (1)     A pre-retail licence held by a person as a result of the operation of item 8.1 of the Table in clause 3 (producer) authorises the licensee to do the things referred to in section 49(1)(a) of the repealed Act in addition to anything it authorises the person to do under this Act.

    (2)     A pre-retail licence held by a person as a result of the operation of item 8.2 of the Table in clause 3 (distributor) authorises the licensee to do the things referred to in section 49(1)(c) of the repealed Act in addition to anything it authorises the person to do under this Act.

    (3)     The Director cannot remove a condition of a licence referred to in subclause (2) requiring the business carried on by the licensee under the licence to be not less than 90% the business of supplying liquor to licensees.

        7     Restriction on general licence that was previously a residential licence

If a residential licence granted under the repealed Act or a licence having effect as a residential licence under the repealed Act did not authorise the licensee to sell or dispose of liquor for consumption off the licensed premises, the general licence held by the licensee as a result of the operation of clause 3 does not authorise the licensee to sell or dispose of liquor for consumption off the licensed premises, unless the licence is varied under this Act.

        8     Restriction of on-premises licence granted to restaurant under repealed Act

An on-premises licence held by a licensee as a result of the operation of clause 3 in respect of an on-premises licence granted under section 50(2)(d) of the repealed Act or having effect as such a licence is subject to the condition that—

        (a)     the predominant activity carried on on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises; and

        (b)     tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time.

Sch. 3 cl. 9 amended by No. 114/2003 s. 12.1.3
(Sch. 6 item 9.5).

        9     Premises under old general (class 2) licence that are approved for gaming

If, immediately before the commencement day—

        (a)     a licensee held a general (class 2) licence under the repealed Act in respect of licensed premises; and

        (b)     an approval was in force under Part 2A of the Gaming Machine Control Act 1991 in respect of those premises—

the on-premises licence held by the licensee on and after the commencement day as a result of the operation of clause 3, and that licence as renewed from time to time under this Act, is deemed for the purposes of the Gambling Regulation Act 2003 to be a general licence.

        10     Consents and approvals under repealed Act continue

    (1)     A consent of the Commission under section 120 of the repealed Act that was in force immediately before the commencement day continues in accordance with its terms and conditions on and after the commencement day for the purposes of section 105 of this Act as if it were a consent of the Director under that section.

    (2)     A consent of the Commission under section 121 of the repealed Act that was in force immediately before the commencement day continues in accordance with its terms and conditions on and after the commencement day for the purposes of section 106 of this Act as if it were a consent of the Director under that section.

    (3)     An approval of the Commission under section 128(2)(a)(i) or 128(2)(d) of the repealed Act that was in force immediately before the commencement day continues in accordance with its terms and conditions (if any) on and after the commencement day for the purposes of section 120(2)(a)(i) or 120(2)(e) of this Act as if it were an approval of the Director under that section.

        11     Nominees continue

A person who, immediately before the commencement day, was a nominee of a licensee or permittee under section 86 of the repealed Act continues to be a nominee of that licensee or permittee on and after the commencement day for the purposes of this Act as if he or she had been approved by the Director under section 54 of this Act.

        12     Endorsements continue

Any endorsements on a licence or BYO permit under the repealed Act that were in force immediately before the commencement day continue in force on and after the commencement day in respect of the equivalent licence or permit under this Act as if they had been made under this Act.

        13     Authorisation of person under section 102 of repealed Act

A person who, immediately before the commencement day, carried on business as a result of an authorisation under section 102 of the repealed Act in respect of a licence or BYO permit continues to be authorised to carry on business in respect of the equivalent licence or permit on and after the commencement day as if their name had been endorsed on the licence or permit under section 93 of this Act.

Sch. 3 cl. 14 amended by No. 8/2006 s. 12 (ILA s. 39B(3)).

        14     People disqualified under repealed Act

    (1)     A reference in section 27 to a person who is disqualified from holding a licence or permit under this Act includes a reference to a person who was disqualified from holding a licence or permit under the repealed Act.

Sch. 3 cl. 14(2) inserted by No. 8/2006 s. 12.

    (2)     On or after the commencement of this subclause, a decision made under section 103 of the repealed Act that was in force immediately before the commencement day takes effect according to its terms as if it were an order made under section 92 of this Act.

        15     Notices required to be displayed under section 110A of the repealed Act

A requirement of the Commission under section 110A of the repealed Act that a notice be displayed on licensed premises that was in force immediately before the commencement day continues in force on and after the commencement day for the purposes of section 102 of this Act as if it were a requirement of the Director under that section.

        16     Members of former Co-ordinating Council

    (1)     The members of the Co-ordinating Council under section 6 of the repealed Act who were in office immediately before the commencement day become members of the Co-ordinating Council under section 5 of this Act on the commencement day on the terms and conditions on which they were appointed under the repealed Act.

    (2)     The members referred to in subsection (1) hold office for the remainder of the terms for which they were appointed under the repealed Act, unless removed sooner.

        17     Transitional provision—dry areas

    (1)     If, before the commencement of the Licensing Act 1928 , a local opinion poll had been taken in an electoral district as constituted on 21 October 1920 and a resolution that no licence be granted in that district had been carried, a licence under this Act must not be granted in respect of, or relocated to, any premises in that district except in accordance with subclause (2).

    (2)     The following provisions have effect for the purposes of the grant or relocation of a licence in respect of premises in a district referred to in subclause (1)—

Sch. 3 cl. 17(2)(a) amended by No. 23/2012 s. 6(3)(4).

        (a)     before a new licence is granted in or an existing licence is relocated to any part of that district, the VCGLR must in the case of a general licence, an on-premises licence or a club licence and may if the VCGLR thinks proper in the case of any other licence order a vote of electors to be taken in the neighbourhood surrounding the proposed site of the premises in respect of which a licence has been applied for or to which a licence is sought to be relocated (as the case may be);

Sch. 3
cl. 17(2)(b) amended by Nos 24/1999 s. 48, 23/2002 s. 197(2), 23/2012 s. 6(3).

        (b)     the neighbourhood is to be delineated by the VCGLR after consultation with the Victorian Electoral Commission;

        (c)     the resolution to be submitted at the vote of electors is—

That a licence (nature of licence to be stated) be granted in [or relocated to] the neighbourhood (neighbourhood to be sufficiently indicated);

Sch. 3 cl. 17(2)(d) amended by No. 23/2012 s. 6(3)(4).

        (d)     if a majority of the electors voting formally vote against the resolution, the VCGLR must not grant the application for the licence or for the relocation of the licence (as the case may be) nor may the VCGLR grant any application for a licence in or the relocation of a licence to that neighbourhood within 3 years after the taking of such vote;

Sch. 3
cl. 17(2)(e) amended by Nos 24/1999 s. 48, 23/2002 s. 197(3)(a), 23/2012 s. 6(3).

        (e)     when the VCGLR orders a vote to be taken under this clause, the Victorian Electoral Commission must take a vote of electors accordingly and for that purpose—

Sch. 3
cl. 17(2)(e)(i) amended by No. 23/2002 s. 197(3)(b).

              (i)     the Victorian Electoral Commission may make all proper arrangements for the taking of the vote;

Sch. 3
cl. 17(2)(e)(ii) amended by No. 23/2002 s. 197(3)(c).

              (ii)     every elector within the neighbourhood delineated who is entitled to be enrolled on the register of electors within the meaning of the Electoral Act 2002 on the 60th day before the taking of the vote is qualified to vote but may vote once only;

Sch. 3 cl. 17(2)(e)(iii) repealed by No. 23/2002 s. 197(3)(d), new Sch. 3 cl. 17(2)(e)(iii) inserted by 92/2004 s. 37(a).

              (iii)     the voting may be conducted by means of postal voting;

Sch. 3
cl. 17(2)(e)(iv) repealed by No. 23/2002 s. 197(3)(d).

    *     *     *     *     *

Sch. 3
cl. 17(2)(e)(v) amended by No. 23/2002 s. 197(3)(a).

              (v)     the Victorian Electoral Commission must cause notice of the result of the voting to be published in the Government Gazette;

Sch. 3
cl. 17(2)(e)(vi) substituted by No. 23/2002 s. 197(3)(e).

              (vi)     the Governor in Council may make regulations for or with respect to any matter or thing necessary to be prescribed for the carrying out and giving effect to the provisions of this clause;

Sch. 3
cl. 17(2)(e)(vii) inserted by No. 23/2002 s. 197(3)(e).

              (vii)     the regulations may include regulations based on the Electoral Act 2002 and on regulations made under that Act with any alterations and adaptations that, in the opinion of the Governor in Council, are necessary.

    (3)     A reference in subclause (1) to a licence does not include a reference to a licence of a kind mentioned in Column 2 of item 5 in the Table in clause 3 granted to a person for a purpose similar to the purpose for which a licence of a kind mentioned in Column 1 of that item was or could have been granted to that person under the repealed Act.

Sch. 3 cl. 17(4) inserted by No. 23/2012 s. 6(5).

    (4)     In this clause, "VCGLR" has the same meaning as Commission has in section 3(1).

        18     Councils may take poll of voters

    (1)     A Council in whose municipal district an electoral district or part of an electoral district referred to in clause 17 is situated may cause a poll of voters in that electoral district or part to be held to obtain the opinion of the voters on whether the provisions of clause 17 should be retained, altered or repealed in respect of that electoral district or part.

    (2)     A poll under this clause is to be held in accordance with the provisions of the Local Government Act 1989 , except that clause 16 of Schedule 3 to that Act does not apply.

    (3)     If a poll is held under this clause—

        (a)     the relevant Council must give written notice of the result of the poll to the Minister; and

        (b)     if the result of the poll is that the provisions of clause 17 should be repealed in respect of an electoral district or part, that clause ceases to apply in respect of that district or part on and from the day on which the result of the poll is announced; and

        (c)     if the result of the poll is that the provisions of clause 17 should be altered in respect of an electoral district or part, that clause is altered in respect of that district or part in accordance with the result of the poll on and from the day on which the result of the poll is announced.

Sch. 3 cl. 19 inserted by No. 21/2001 s. 12.

        19     Transitional provisions—Liquor Control Reform (Amendment) Act 2001

    (1)     Section 11(3)(aa), as inserted by section 5 of the  Liquor Control Reform (Amendment) Act 2001 , extends to packaged liquor licences in force at the commencement of that section 5.

    (2)     Section 18A, as inserted by section 6 of the  Liquor Control Reform (Amendment) Act 2001 , applies to a general licence granted or transferred to a person on an application made on or after 23 January 2001.

    (3)     Section 22(3), as inserted by section 7 of the Liquor Control Reform (Amendment) Act 2001 , applies to the grant of a licence or BYO permit on or after the commencement of that section 7 whether the application for the grant was made before, on or after that commencement.

    (4)     Section 23, as amended by section 8 of the Liquor Control Reform (Amendment) Act 2001 , applies to the grant or transfer of a licence to a person on an application made on or after 23 January 2001.

    (5)     However, section 23(3), as inserted by section 8(3) of the Liquor Control Reform (Amendment) Act 2001 , does not apply to a general licence that was in force on 23 January 2001.

    (6)     If—

        (a)     an application was made on or after 23 January 2001 for the grant or transfer of a licence to a person; and

        (b)     the licence was granted or transferred to the person before the commencement of the Liquor Control Reform (Amendment) Act 2001 ; and

        (c)     the grant or transfer of the licence would have been prohibited by section 23 had the amendments to that section by section 8 of the Liquor Control Reform (Amendment) Act 2001 been in operation at the time of the grant or transfer—

the licence ceases to be in force, by virtue of this subclause, on the commencement of that Act.

Sch. 3 cl. 20 inserted by No. 39/2002 s. 15.

        20     Transitional provision—Liquor Control Reform (Packaged Liquor Licences) Act 2002

    (1)     Section 11(3)(aac) and (aad), as inserted by section 6(1) of the Liquor Control Reform (Packaged Liquor Licences) Act 2002 , extends to packaged liquor licences in force at the commencement of that section 6(1).

    (2)     However, the licence condition referred to in section 11(3)(aac) does not apply to a packaged liquor licence until the financial year commencing on 1 July 2003.

    (3)     Section 35, as substituted by section 10 of the Liquor Control Reform (Packaged Liquor Licences) Act 2002 , applies to an application made on or after the commencement of that section 10.

    (4)     If—

        (a)     on or after 14 May 2002 but before the day on which the Liquor Control Reform (Packaged Liquor Licences) Act 2002 receives the Royal Assent, the Director grants or transfers to a person a packaged liquor licence; and

        (b)     the grant or transfer would have been prohibited by section 23 had the Liquor Control Reform (Packaged Liquor Licences) Act 2002 received the Royal Assent—

the grant or transfer (as the case requires) is, and must be taken always to have been, void.

Sch. 3 cl. 21 inserted by No. 73/2007 s. 25.

        21     Transitional provisions—Liquor Control Reform Amendment Act 2007

    (1)     The condition referred to in section 9(3)(c) , as inserted by section 13(1)(b) of the Amending Act, applies on and after the commencement of that section 13(1)(b) to an on-premises licence whether the licence was granted before, on or after that commencement.

    (2)     Section 90(1)(fa) and (fb), as inserted by section 17(2)(a) of the Amending Act, apply only in the case of a director or member of a committee of management who is convicted of an offence on or after the commencement of that section 17(2)(a).

    (3)     In this clause—

"Amending Act" means the Liquor Control Reform Amendment Act 2007 .

Sch. 3 cl. 23 inserted by No. 59/2009 s. 31 (as amended by No. 1/2010 s. 106).

        23     Transitional provision—on-premises licences

    (1)     The holder of an on-premises licence that is subject to the conditions set out in section 9(3) may apply to the Director before the commencement of section 32 of the Liquor Control Reform Amendment (Licensing) Act 2009 for the continuation after that commencement of the on‑premises licence subject to those conditions.

    (2)     If the Director grants the application, the licence continues in force (subject to the conditions on which it was granted, including the conditions set out in section 9(3)) on or after the commencement of section 32 of the Liquor Control Reform Amendment (Licensing) Act 2009

        (a)     if the licence authorises the supply of liquor for a continuous period from 1 a.m. on a particular day and also authorises the supply of liquor up to 1 a.m. on that day, as a late night (on‑premises) licence; and

        (b)     in any other case, as an on-premises licence.

    (3)     An application may be made at any time after the commencement of section 31 of the Liquor Control Reform Amendment (Licensing) Act 2009 and before the commencement of section 32 of the 2009 Act for a licence under this Act as proposed to be amended by the 2009 Act but the licence does not take effect before the commencement of section 32 of the 2009 Act.

    (4)     Nothing in this clause limits the operation of the Interpretation of Legislation Act 1984 .

Sch. 3 cl. 24 inserted by No. 59/2009 s. 32.

        24     Transitional provisions—Liquor Control Reform Amendment (Licensing) Act 2009

    (1)     A general licence that authorises the supply of liquor during late night trading hours that was in force immediately before the commencement of section 11 of the Liquor Control Reform Amendment (Licensing) Act 2009 is, after the commencement of that section, taken to continue in force (subject to any conditions on which it was granted) as a late night (general) licence.

    (2)     An application for a general licence authorising trading during late night trading hours that was made but not finally determined before the commencement of section 11 of the Liquor Control Reform Amendment (Licensing) Act 2009 is taken to be an application for a late night (general) licence.

    (3)     Except as provided in subclause (5) or clause 23(2), an on‑premises licence that authorises the supply of liquor during late night trading hours that was in force immediately before the commencement of section 11 of the Liquor Control Reform Amendment (Licensing) Act 2009 is, after the commencement of that section, taken to continue in force (subject to any conditions on which it was granted) as a late night (on‑premises) licence.

    (4)     Except as provided in subclause (6), an application for an on-premises licence authorising trading during late night trading hours that was made but not finally determined before the commencement of section 8 of the Liquor Control Reform Amendment (Licensing) Act 2009 is taken to be an application for a late night (on‑premises) licence.

    (5)     Except in relation to an on-premises licence that is continued under clause 23, an on‑premises licence that is subject to the conditions referred to in section 9(3) that was in force immediately before the commencement of section 9 of the Liquor Control Reform Amendment (Licensing) Act 2009 is, after the commencement of that section, taken to continue in force (subject to any conditions on which it was granted) as a restaurant and cafe licence.

    (6)     An application for an on-premises licence that would if granted before the commencement of section 9 of the Liquor Control Reform Amendment (Licensing) Act 2009 have been subject to the conditions referred to in section 9(3) and that was made but not finally determined immediately before that commencement is taken to be an application for a restaurant and cafe licence.

    (7)     A packaged liquor licence that authorises the supply of liquor during late night trading hours that was in force immediately before the commencement of section 11 of the Liquor Control Reform Amendment (Licensing) Act 2009 is, after the commencement of that section, taken to continue in force (subject to any conditions on which it was granted) as a late night (packaged liquor) licence.

    (8)     An application for a packaged liquor licence authorising trading during late night trading hours that was made but not finally determined before the commencement of section 11 of the Liquor Control Reform Amendment (Licensing) Act 2009 is taken to be an application for a late night (packaged liquor) licence.

    (9)     A limited licence that was granted as a renewable limited licence and that was in force immediately before the commencement of section 12 of the Liquor Control Reform Amendment (Licensing) Act 2009 is, after the commencement of that section, taken to continue in force (subject to any conditions on which it was granted) as a renewable limited licence.

    (10)     Subject to subclause (12), an application for a limited licence for an event that was made but not finally determined before the commencement of section 12 of the Liquor Control Reform Amendment (Licensing) Act 2009 is taken to be an application for a temporary limited licence.

    (11)     An application for a limited licence (other than for an event) that was made but not finally determined before the commencement of section 12 of the Liquor Control Reform Amendment (Licensing) Act 2009 is taken to be an application for a renewable limited licence.

    (12)     The Director may treat an application for a limited licence that is made after the Liquor Control Reform Amendment (Licensing) Act 2009 receives the Royal Assent as an application for a major event licence, if the event for which the licence is sought is an event that is capable of being determined as a major event by the Director in accordance with section 14B and is proposed to be held after the commencement of section 13 of that Act.

Sch. 3 cl. 25 inserted by No. 57/2010 s. 29.

        25     Transitional provisions—Liquor Control Reform Amendment Act 2010

Sch. 3 cl. 25(1) amended by No. 29/2011 s. 3(Sch.  1 item 52).

    (1)     A condition in relation to responsible service of alcohol programs that was imposed on a general licence, on-premises licence, packaged liquor licence or late night licence that was existing immediately before the commencement of section 19 of the Liquor Control Reform Amendment Act 2010 ceases to have effect on that commencement.

    (2)     A licensee (except a body corporate) of a general licence, on-premises licence, packaged liquor licence or late night licence that was existing immediately before the commencement of section 19 of the Liquor Control Reform Amendment Act 2010 who has not completed a responsible service of alcohol program in the 3 years before that commencement, must complete an approved responsible service of alcohol program within 12 months of that commencement.

Penalty:     60 penalty units.

    (3)     If a licensee of a general licence, on‑premises licence, packaged liquor licence or late night licence that was existing immediately before the commencement of section 19 of the Liquor Control Reform Amendment Act 2010 is a body corporate and the person responsible for the management or control of the licensed premises has not completed a responsible service of alcohol program in the 3 years before that commencement, the licensee must ensure the person completes an approved responsible service of alcohol program within 12 months of that commencement.

Penalty:     60 penalty units.

    (4)     A licensee (except a body corporate) of a general licence, on-premises licence, packaged liquor licence or late night licence that was existing immediately before the commencement of section 19 of the Liquor Control Reform Amendment Act 2010 who has completed a responsible service of alcohol program in the 3 years before that commencement, must complete an approved responsible service of alcohol program within the later of the following periods—

        (a)     the period commencing on that commencement and the period ending 3 years from the date on which the licensee completed the responsible service of alcohol program;

        (b)     the period ending 12 months from that commencement.

Penalty:     60 penalty units.

    (5)     If a licensee of a general licence, on‑premises licence, packaged liquor licence or late night licence that was existing immediately before the commencement of section 19 of the Liquor Control Reform Amendment Act 2010 is a body corporate and the person responsible for the management or control of the licensed premises has completed a responsible service of alcohol program in the 3 years before that commencement, the licensee must ensure the person completes an approved responsible service of alcohol program within the later of the following periods—

        (a)     the period commencing on that commencement and ending 3 years from the date on which the person completed the responsible service of alcohol program;

        (b)     the period ending 12 months from that commencement.

Penalty:     60 penalty units.

    (6)     A licensee of a general licence, on-premises licence, packaged liquor licence or late night licence that was existing immediately before the commencement of section 19 of the Liquor Control Reform Amendment Act 2010 must ensure that any person who on that commencement is engaged or employed by the licensee to sell, offer for sale or serve liquor on the licensed premises and has not completed a responsible service of alcohol program in the 3 years before that commencement completes an approved responsible service of alcohol program within 12 months of that commencement.

Penalty:     60 penalty units.

    (7)     A licensee of a general licence, on-premises licence, packaged liquor licence or late night licence that was existing immediately before the commencement of section 19 of the Liquor Control Reform Amendment Act 2010 must ensure that any person who on that commencement is engaged or employed by the licensee to sell, offer for sale or serve liquor on the licensed premises and has completed a responsible service of alcohol program in the 3 years before that commencement completes an approved responsible service of alcohol program within the later of the following periods—

        (a)     the period commencing on that commencement and ending 3 years from the date on which the person completed the responsible service of alcohol program;

        (b)     the period ending 12 months from that commencement.

Penalty:     60 penalty units.

    (8)     Section 99A does not apply to a licensee in respect of a licence that was existing immediately before the commencement of section 15 of the Liquor Control Reform Amendment Act 2010 until one month after that commencement.

    (9)     A licensee who provides sexually explicit entertainment on licensed premises at the commencement of section 17 of the Liquor Control Reform Amendment Act 2010 must notify the Director in writing of this within 3 months after that commencement.

Penalty:     10 penalty units.

Note to
Sch. 3 cl. 25 inserted by No. 13/2013 s. 29(9).

Note

Section 53B applies to an offence against subclause (5) or (7).

Sch. 3 Pt 2 (Heading and cls 26 −30 ) inserted by No. 71/2011 s. 31(2).

Part 2—Liquor Control Reform Further Amendment Act 2011

Sch. 3 cl. 26 inserted by No. 71/2011 s. 31(2).

        26     Transitional provision—general licence

    (1)     In this section a pre-2011 general licence means a general licence as in force before the commencement of section 7 of the Liquor Control Reform Further Amendment Act 2011 under which a licensee supplies packaged liquor only for consumption off the licensed premises as the whole of the licensee's ordinary business of supplying liquor.

    (2)     The Commission may—

        (a)     impose a condition that the licensee of a pre-2011 general licence comply with the code of conduct (if any) determined by the Minister under section 11(5) as in force from time to time; and

        (b)     charge the prescribed renewal fee for a licence that is subject to the condition set out in paragraph (a).

    (3)     On and from the commencement of section 7 of the Liquor Control Reform Further Amendment Act 2011 , a licensee of a pre‑2011 general licence must notify the Commission in writing within 3 months after commencing supply of packaged liquor only for consumption off the licensed premises as the whole of the licensee's ordinary business supplying liquor.

Penalty:     10 penalty units.

Sch. 3 cl. 27 inserted by No. 71/2011 s. 31(2).

        27     Savings provision—packaged liquor licences

Section 11(1) as amended by the Liquor Control Reform Further Amendment Act 2011 is taken to have applied in respect of any packaged liquor licence in force on or after 1 January 2010.

Sch. 3 cl. 28 inserted by No. 71/2011 s. 31(2).

        28     Savings provision—late night (packaged liquor) licences

Section 11A(4) as amended by the Liquor Control Reform Further Amendment Act 2011 is taken to have applied in respect of any late night (packaged liquor) licence granted on or after 1 January 2010.

Sch. 3 cl. 29 inserted by No. 71/2011 s. 31(2).

        29     Transitional provision—vigneron's licences

On and from the commencement of section 10 of the Liquor Control Reform Further Amendment Act 2011 , any vigneron's licence that was in force immediately before that commencement is taken to continue in force (subject to any conditions on which it was granted) as if it were a wine and beer producer's licence.

Sch. 3 cl. 30 inserted by No. 71/2011 s. 31(2).

        30     Transitional provision—other licences

    (1)     A licensee of a licence that is not a late night licence that was in force immediately before the commencement of section 10 of the Liquor Control Reform Further Amendment Act 2011 may, within 1 year of that commencement, apply to the Commission for a variation of the licence to a wine and beer producer's licence.

    (2)     If the Commission is satisfied that the conditions for a wine and beer producer's licence have been met, the Commission may authorise the variation.

    (3)     Section 29 does not apply to an application under this section.

    (4)     An application under this section is not subject to any fee.

Sch. 4
repealed by No. 21/2001 s. 13,
new Sch. 4 inserted by No. 58/2011 s. 64.



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