Victorian Numbered Acts

LIQUOR CONTROL REFORM FURTHER AMENDMENT ACT 2011 (NO. 71 OF 2011) - SECT 4

In section 3(1) of the Principal Act—

        (a)     insert the following definitions—

""authorised notifier "means—

        (a)     the police force of Victoria; or

        (b)     a court, tribunal or other entity involved in the administration of the criminal justice system in Victoria; or

        (c)     any other authority or person responsible for the enforcement, investigation or prosecution of offences under this Act; or

        (d)     a member, employee or delegate of an entity referred to in paragraph (a), (b) or (c);

"infringement notice" has the same meaning as in the Infringements Act 2006 ;

"infringement penalty" has the same meaning as in the Infringements Act 2006 ;

"non-compliance incident", in relation to a licence or permit, means—

        (a)     the payment of an infringement penalty in an infringement notice served on the licensee or permittee for an offence under section 108(4), 119 or 120; or

        (b)     the making of an order under section 59 of the Infringements Act 2006 in respect of an offence under section 108(4), 119 or 120; or

        (c)     the commencement of a payment plan in respect of an infringement notice served on the licensee or permittee for an offence under section 108(4), 119 or 120; or

        (d)     the successful prosecution of the licensee or permittee for an offence under section 108(4), 119 or 120;

"permit "means a BYO permit;

"primary premises", in relation to a wine and beer producer's licence under section 13, means premises occupied and used by the licensee—

        (a)     for the production, storage or distribution of liquor that is the licensee's product; and

        (b)     for the supply of liquor that is the licensee's product for consumption on or off the premises; and

        (c)     for the supply of liquor that is not the licensee's product for consumption on the licensed premises; and

        (d)     for the supply of packaged liquor that is the licensee's product to a person who makes an off-premises request;

"promotional event "includes but is not limited to a craft market, farmers' market, commercial market, festival, agricultural show, food and wine event, gallery opening, fair or local event but does not include a major event or horse-racing event;

"Register" means the Demerits Register established under section 86A;

"retail premises", in relation to a wine and beer producer's licence under section 13, means premises occupied and used by the licensee for the supply of liquor that is the licensee's product for consumption off the premises;

"successful prosecution" means a prosecution which results in a licensee or permittee being convicted or found guilty of an offence against section 108(4), 119 or 120;";

        (b)     in the definition of " licensed premises", for "13(1)(b) (vigneron's" substitute "13(1)(a) (wine and beer producer's";

        (c)     in paragraph (d) of the definition of ordinary trading hours , for "vigneron's" substitute "wine and beer producer's";

        (d)     in the definition of "venue operator's licence", for " 2003 ;" substitute " 2003 .";

        (e)     the definition of vigneron is repealed .