Victorian Numbered Acts

GAMBLING AND LIQUOR LEGISLATION AMENDMENT (MODERNISATION) ACT 2014 (NO. 56 OF 2014) - SECT 56

See:
Act No.
94/1998.
Reprint No. 7
as at
1 May 2013
and amending
Act Nos
9/2013, 41/2013 and 70/2013.
LawToday:
www.
legislation.
vic.gov.au

For section 108(5) of the Liquor Control Reform Act 1998 substitute —

    "(5)     It is a defence to a prosecution for an offence under subsection (4)(b) for the accused to prove that—

        (a)     neither the accused nor any relevant person who was on the premises at the time of the alleged offence knew that drunken or disorderly persons were on the premises; and

        (b)     either the accused or a relevant person had taken reasonable steps to ensure that drunken or disorderly persons were not on the premises.

    (5A)     For the purposes of subsection (5), a person is a relevant person if he or she is—

        (a)     an employee or agent of the accused; or

        (b)     in the case of an accused that is a body corporate—

              (i)     an officer of the accused; or

              (ii)     the nominee of the accused; or

        (c)     in the case of an accused who is a member of the committee of management of an unincorporated club, on behalf of the club—

              (i)     a member of the committee of management; or

              (ii)     the nominee of the accused; or

        (d)     in the case of an accused who is a member of a partnership, another member of the partnership.".