Victorian Numbered Acts

LIQUOR CONTROL REFORM FURTHER AMENDMENT ACT 2011 (NO. 71 OF 2011) - SECT 31

    (1)     In Schedule 3 to the Principal Act, before clause 1 insert the following heading—

" PART 1—GENERAL PROVISIONS ".

    (2)     After clause 25 of Schedule 3 to the Principal Act, insert —

" PART 2—LIQUOR CONTROL REFORM FURTHER AMENDMENT ACT 2011

        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.
s. 31

        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.

        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.

        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.

        30     Transitional provision—other licences

s. 31

    (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.".

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PART 3—AMENDMENTS TO THE INFRINGEMENTS ACT 2006