Victorian Numbered Acts Victorian Numbered ActsBefore section 108B of the Principal Act insert —
(1) This section applies to a general licence, on-premises licence, packaged liquor licence or late night licence.
(2) The licensee (except in the case of a body corporate) must complete an approved responsible service of alcohol program within 3 years from the date on which the licensee last completed an approved responsible service of alcohol program.
Penalty: 60 penalty units.
(3) If the licensee is a body corporate, the licensee must ensure that the person responsible for the management or control of the licensed premises completes an approved responsible service of alcohol program within 3 years from the date on which the person last completed an approved responsible service of alcohol program.
Penalty: 60 penalty units.
(1) This section applies to a general licence,
on-premises licence, packaged liquor licence or late night licence.
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(2) The licensee must ensure that any person who sells, offers for sale or serves liquor on the licensed premises of the licensee—
(a) has completed an approved responsible service of alcohol program within the period of 3 years prior to the date on which that person first sells, offers for sale or serves liquor on the licensed premises; or
(b) completes an approved responsible service of alcohol program within one month after the date on which that person first sells, offers for sale or serves liquor on the licensed premises.
Penalty: 60 penalty units.
(1) This section applies to a general licence, on-premises licence, packaged liquor licence or late night licence.
(2) The licensee must ensure that any person who sells, offers for sale or serves liquor on the licensed premises of the licensee completes an approved responsible service of alcohol program within 3 years from the date on which that person last completed an approved responsible service of alcohol program.
Penalty: 60 penalty units.
(1) This section applies to a general licence, on-premises licence, packaged liquor licence, late night licence or any other licence which is subject to a condition in relation to responsible service of alcohol.
(2) The licensee must establish and maintain an approved responsible service of alcohol program register in accordance with subsection (3).
Penalty: 5 penalty units.
(3) An approved responsible service of alcohol program register must—
(a) record the name of the licensee, and if the licensee is a body corporate, the name of the person responsible for the management or control of the licensed premises; and
(b) include a copy of the most recent certificate or report evidencing completion of an approved responsible service of alcohol program issued to the licensee or person responsible for the management or control of the licensed premises; and
(c) record the name of each person who sells, offers for sale or serves liquor on the licensed premises and the date on which each person first sold, offered for sale or served liquor on the licensed premises; and
(d) include a copy of the most recent certificate or report evidencing completion of an approved responsible service of alcohol program issued to each person who sells, offers for sale or serves liquor on the licensed premises.
(1) This section applies to a general licence, on-premises licence, packaged liquor licence, late night licence or any other licence which is subject to a condition in relation to responsible service of alcohol.
(2) The licensee must produce the approved responsible service of alcohol program register kept by the licensee for inspection on being asked to do so by a member of the police force or a compliance inspector.
Penalty: 5 penalty units.
(1) The Director may, by notice in writing, exempt a licensee or a class of licensees from any of the requirements of sections 108AA to 108AE, if the Director thinks it is appropriate to do so.
(2) The Director may grant an exemption under subsection (1) for the period and on any conditions the Director determines.
(3) The Director may revoke an exemption granted under subsection (1) by notice in writing.
(1) A licensee may apply to the Director to be exempted from any of the requirements of sections 108AA to 108AE.
(2) The Director may approve an application if the Director thinks it is appropriate to do so.
(3) The Director must give the licensee notice in writing of the approval or refusal of an application.
(4) The Director may grant an exemption under subsection (2) for the period and on any conditions the Director determines.
(5) The Director may revoke an exemption granted under subsection (2) by notice in writing.
In making a decision under section 108AF or 108AG to exempt a licensee or class of licensees from any of the requirements of sections 108AA to 108AE, the Director must consider—
(a) the risk of harm arising from the misuse and abuse of liquor supplied under the licence; and
(b) the extent of the burden imposed on the licensee by the requirement under sections 108AA to 108AE.".