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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Liquor Control Amendment Bill 2010
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
3. Act amended 2
Part 2 -- Amendments relating to
managers
4. Section 3 amended 3
5. Section 30 amended 4
6. Section 33 amended 4
7. Section 34 amended 4
8. Section 35B deleted 5
9. Section 37 amended 5
10. Section 37B amended 5
11. Section 48 amended 6
12. Section 59 amended 6
13. Section 60 amended 6
14. Part 4 Division 3 Subdivision 1 heading inserted 6
Subdivision 1 -- Licensed premises to be
supervised and managed
15. Section 100 amended 7
16. Part 4 Division 3 Subdivision 2 inserted 9
Subdivision 2 -- Approval of managers
102A. Terms used 9
102B. Director may approve manager 9
102C. Conditions on manager's approval 10
102D. Duration of manager's approval 10
102E. Renewal of manager's approval 10
102F. Disciplinary matters 11
102G. Approval may be cancelled on request 12
17. Part 4 Division 3 Subdivision 3 heading inserted 12
146--2 page i
Liquor Control Amendment Bill 2010
Contents
Subdivision 3 -- General matters
18. Section 116 amended 12
19. Section 121 amended 13
20. Section 164 amended 13
21. Section 172 amended 14
22. Section 175 amended 15
23. Section 177B inserted 15
177B. Transitional provisions relating to the
Liquor Control Amendment Act 2010 15
24. Schedule 1B inserted 16
Schedule 1B -- Transitional provisions relating to
the Liquor Control Amendment Act 2010
1. Terms used 16
2. Current managers taken to be licensed 16
3. Duration of transitioned approvals 16
4. Current applications 17
25. Other provisions amended 17
Part 3 -- Amendments relating to
liquor restricted premises
26. Part 5B inserted 20
Part 5B -- Liquor restricted premises
152N. Terms used 20
152O. Liquor prohibited on liquor restricted
premises 20
152P. Declaration of liquor restricted premises 21
152Q. Making of liquor restriction declaration 22
152R. Director to notify persons of declaration 23
152S. Notice of declaration to be displayed at
premises 24
152T. Duration of declaration 25
152U. Variation of declaration 25
152V. Revocation of declaration 27
152W. Applications generally 28
152X. Decisions under Part 5B not subject to
review 28
Part 4 -- Amendments relating to
regulating behaviour in licensed
premises
27. Section 3 amended 29
28. Section 61A deleted 29
29. Section 69 amended 29
page ii
Liquor Control Amendment Bill 2010
Contents
30. Sections 115AA to 115AE inserted 30
115AA. Barring notices by Commissioner of Police 30
115AB. Delegation by the Commissioner of Police 31
115AC. Publication of details of people subject to
barring notices 32
115AD. Application for review 33
115AE. Permitting entry to premises contrary to
barring notice 34
31. Section 128 amended 35
32. Section 152K amended 35
33. Section 152M inserted 36
152M. Permitting entry to premises contrary to
prohibition order 36
34. Section 175 amended 37
Part 5 -- Other amendments
35. Section 3 amended 38
36. Section 6 amended 38
37. Section 16 amended 38
38. Section 33 amended 39
39. Section 37 amended 39
40. Section 38 amended 41
41. Section 41 amended 41
42. Section 55 amended 42
43. Section 57 amended 42
44. Section 64 amended 43
45. Section 67 amended 44
46. Section 69 amended 44
47. Section 96 amended 45
48. Section 98A amended 45
49. Section 99 amended 45
50. Section 103A amended 45
51. Section 106 amended 46
52. Section 109 amended 46
53. Section 110 amended 47
54. Section 111 amended 49
55. Section 114 amended 49
56. Section 115 amended 50
57. Section 115A amended 50
58. Section 116 amended 51
59. Section 116A amended 51
60. Section 119 amended 51
page iii
Liquor Control Amendment Bill 2010
Contents
61. Section 119A replaced 52
119A. Conduct of unapproved businesses on or
from licensed premises 52
62. Section 121 amended 53
63. Section 122 amended 54
64. Section 126D amended 54
65. Section 155 amended 55
66. Section 166 amended 56
67. Section 169 amended 56
68. Section 174A amended 56
69. Various penalties amended 56
Part 6 -- Criminal Investigation
(Identifying People) Act 2002
amended
70. Act amended 59
71. Section 73 amended 59
page iv
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Liquor Control Amendment Bill 2010
A Bill for
An Act to amend the Liquor Control Act 1988.
The Parliament of Western Australia enacts as follows:
page 1
Liquor Control Amendment Bill 2010
Part 1 Preliminary matters
s. 1
1 Part 1 -- Preliminary matters
2 1. Short title
3 This is the Liquor Control Amendment Act 2010.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Act amended
11 This Act, except Part 6, amends the Liquor Control Act 1988.
page 2
Liquor Control Amendment Bill 2010
Amendments relating to managers Part 2
s. 4
1 Part 2 -- Amendments relating to managers
2 4. Section 3 amended
3 (1) In section 3(1) delete the definition of manager.
4 (2) In section 3(1) insert in alphabetical order:
5
6 approved restricted manager means a person approved
7 under section 102B(1)(b);
8 approved unrestricted manager means a person
9 approved under section 102B(1)(a);
10 manager, in relation to licensed premises, means --
11 (a) an approved unrestricted manager or approved
12 restricted manager appointed by the licensee of
13 the premises to supervise and manage the
14 premises; or
15 (b) a person appointed by the licensee of the
16 premises in accordance with section 100(3) to
17 act as a temporary manager of the premises;
18
19 (3) In section 3(1) in the definition of authorised person:
20 (a) in paragraph (b) delete "the manager" and insert:
21
22 a manager
23
24 (b) in paragraph (c) delete "licensee, occupier or manager;
25 or" and insert:
26
27 licensee or occupier or a manager; or
28
29 (c) after each of paragraphs (a) and (b) insert:
30
31 or
32
page 3
Liquor Control Amendment Bill 2010
Part 2 Amendments relating to managers
s. 5
1 5. Section 30 amended
2 Delete section 30(3)(a)(iii) and "or" after it and insert:
3
4 (iii) refuses to approve a person as an
5 approved unrestricted manager or
6 approved restricted manager under
7 section 102B(1), or revokes or suspends
8 such an approval; or
9
10 6. Section 33 amended
11 (1) In section 33(6) delete "a manager or trustee --" and insert:
12
13 an approved unrestricted manager, an approved
14 restricted manager or a trustee --
15
16 (2) In section 33(6b):
17 (a) in paragraph (b) delete "corporate," and insert:
18
19 corporate; or
20
21 (b) after paragraph (b) insert:
22
23 (ca) is approved as an approved unrestricted
24 manager, an approved restricted manager or a
25 trustee,
26
27 7. Section 34 amended
28 In section 34(1)(c):
29 (a) delete "to a" and insert:
30
31 of a
32
page 4
Liquor Control Amendment Bill 2010
Amendments relating to managers Part 2
s. 8
1 (b) delete subparagraph (i) and insert:
2
3 (i) as an approved unrestricted manager or
4 an approved restricted manager; or
5
6 8. Section 35B deleted
7 Delete section 35B.
8 9. Section 37 amended
9 Delete section 37(4).
10 10. Section 37B amended
11 (1) Delete section 37B(2)(c) and insert:
12
13 (c) for approval as an approved unrestricted
14 manager or an approved restricted manager.
15
16 (2) Delete section 37B(3)(c) and insert:
17
18 (c) an approved unrestricted manager or an
19 approved restricted manager,
20
21 (3) In section 37B(6):
22 (a) in paragraph (a)(ii) delete "a manager;" and insert:
23
24 an approved unrestricted manager or an
25 approved restricted manager;
26
27 (b) in paragraph (b) delete "a manager." and insert:
28
29 an approved unrestricted manager or an
30 approved restricted manager.
31
page 5
Liquor Control Amendment Bill 2010
Part 2 Amendments relating to managers
s. 11
1 11. Section 48 amended
2 After section 48(4) insert:
3
4 (5A) Without limiting section 64, the Director may impose a
5 condition on a club licence or club restricted licence
6 requiring that any manager of the licensed premises
7 (other than a person appointed under section 100(3)) be
8 an approved unrestricted manager.
9
10 12. Section 59 amended
11 After section 59(5) insert:
12
13 (6A) Without limiting section 64, the Director may impose a
14 condition on an occasional licence requiring that any
15 manager of premises that are the subject of the licence
16 (other than a person appointed under section 100(3)) be
17 an approved unrestricted manager.
18
19 13. Section 60 amended
20 In section 60(3)(b) delete "a person nominated by the licensee
21 and approved by the Director" and insert:
22
23 an approved unrestricted manager or an
24 approved restricted manager
25
26 14. Part 4 Division 3 Subdivision 1 heading inserted
27 At the beginning of Part 4 Division 3 insert:
28
29 Subdivision 1 -- Licensed premises to be supervised
30 and managed
31
page 6
Liquor Control Amendment Bill 2010
Amendments relating to managers Part 2
s. 15
1 15. Section 100 amended
2 (1) In section 100(2):
3 (a) in paragraph (a) delete "person;" and insert:
4
5 person; or
6
7 (b) delete paragraphs (b) and (c) and "or" after
8 paragraph (b) and insert:
9
10 (b) by a person who is --
11 (i) unless subparagraph (ii) applies -- an
12 approved unrestricted manager; or
13 (ii) in the case of a club licence, club
14 restricted licence or occasional licence
15 that is not subject to a condition
16 imposed under section 48(5A)
17 or 59(6A) -- an approved unrestricted
18 manager or an approved restricted
19 manager;
20 or
21 (c) a person appointed by the licensee in
22 accordance with subsection (3) to act as a
23 temporary manager of the premises.
24
25 (2) Delete section 100(2a) and insert:
26
27 (2a) Without limiting subsection (2), the licensee is to
28 ensure, unless the Director otherwise approves, that
29 there is present at the licensed premises at any time
30 when business is conducted at the premises --
31 (a) a person who is --
32 (i) unless subparagraph (ii) applies -- an
33 approved unrestricted manager; or
page 7
Liquor Control Amendment Bill 2010
Part 2 Amendments relating to managers
s. 15
1 (ii) in the case of a club licence, club
2 restricted licence or occasional licence
3 that is not subject to a condition
4 imposed under section 48(5A)
5 or 59(6A) -- an approved unrestricted
6 manager or an approved restricted
7 manager;
8 or
9 (b) a person appointed by the licensee in
10 accordance with subsection (3) to act as a
11 temporary manager of the premises.
12 Penalty: a fine of $10 000.
13
14 (3) Delete section 100(3) and (4) and insert:
15
16 (3) Subject to any condition imposed under subsection (4),
17 a licensee may appoint a person to act as a temporary
18 manager of licensed premises for a particular period
19 if --
20 (a) unless the Director otherwise approves, at the
21 end of that period the premises will not have
22 been supervised and managed by a temporary
23 manager --
24 (i) for more than 7 consecutive days; nor
25 (ii) for more than 7 days in any 28 day
26 period;
27 and
28 (b) the person appointed has not, at any time, been
29 found to be not a fit and proper person to
30 manage licensed premises.
31 (4) Without limiting section 64, the Director may impose a
32 condition on a licence prohibiting the licensee from
page 8
Liquor Control Amendment Bill 2010
Amendments relating to managers Part 2
s. 16
1 appointing a person under subsection (3) unless the
2 Director has approved the appointment.
3
4 (4) Delete section 100(6).
5 (5) In section 100(7) delete "there under a licence or permit," and
6 insert:
7
8 at those premises,
9
10 16. Part 4 Division 3 Subdivision 2 inserted
11 After section 101 insert:
12
13 Subdivision 2 -- Approval of managers
14 102A. Terms used
15 In this Subdivision --
16 approved manager means an approved unrestricted
17 manager or an approved restricted manager;
18 manager's approval means an approval granted under
19 section 102B.
20 102B. Director may approve manager
21 (1) The Director may, in writing, approve a natural person
22 as --
23 (a) an approved unrestricted manager; or
24 (b) an approved restricted manager.
25 (2) An application for a manager's approval --
26 (a) is to be made in accordance with the
27 regulations; and
28 (b) is to be accompanied by the prescribed fee.
page 9
Liquor Control Amendment Bill 2010
Part 2 Amendments relating to managers
s. 16
1 (3) The Director must not grant a manager's approval
2 unless satisfied that the applicant is a fit and proper
3 person to be approved.
4 (4) In determining an application for a manager's approval
5 the Director may have regard to any matters prescribed
6 by the regulations.
7 (5) Unless the Director otherwise determines, if a person
8 has applied for a manager's approval the person is to
9 be taken to be an approved unrestricted manager or an
10 approved restricted manager, as the case requires, until
11 the Director determines the application.
12 102C. Conditions on manager's approval
13 The Director may, in accordance with the regulations,
14 impose any conditions on a manager's approval that
15 the Director thinks fit and may vary or remove those
16 conditions.
17 102D. Duration of manager's approval
18 (1) A manager's approval --
19 (a) takes effect on the day on which it is granted or
20 any later day specified in it; and
21 (b) remains in force for the period prescribed by
22 the regulations, unless before then it is revoked
23 under section 102F.
24 (2) A manager's approval may be renewed for consecutive
25 periods of the duration prescribed by the regulations.
26 102E. Renewal of manager's approval
27 (1) An approved manager may apply to the Director to
28 renew his or her manager's approval.
page 10
Liquor Control Amendment Bill 2010
Amendments relating to managers Part 2
s. 16
1 (2) An application for the renewal of a manager's
2 approval --
3 (a) is to be made in accordance with the
4 regulations; and
5 (b) is to be accompanied by the prescribed fee.
6 102F. Disciplinary matters
7 (1) There are grounds for taking action against an
8 approved manager under this section if --
9 (a) the approved manager has failed to supervise
10 and manage the conduct of business at licensed
11 premises in a proper manner; or
12 (b) the approved manager is no longer fit and
13 proper to be approved; or
14 (c) the approved manager has failed to comply
15 with any condition on his or her manager's
16 approval; or
17 (d) grounds exist under the regulations for taking
18 action under this section.
19 (2) If the Director is satisfied that there are grounds for
20 taking action against an approved manager under this
21 section the Director may, by notice in writing --
22 (a) revoke the manager's approval; or
23 (b) suspend the manager's approval for a specified
24 period; or
25 (c) impose conditions on the manager's approval.
26 (3) The Director must not take action against an approved
27 manager under this section unless the approved
28 manager --
29 (a) has been given, subject to section 30, details of
30 the grounds on which the Director proposes to
31 take that action; and
page 11
Liquor Control Amendment Bill 2010
Part 2 Amendments relating to managers
s. 17
1 (b) has been afforded a reasonable opportunity to
2 be heard on the matter.
3 (4) The Director may revoke a suspension imposed under
4 subsection (2)(b) before the end of the specified period.
5 102G. Approval may be cancelled on request
6 The Director may cancel a manager's approval at the
7 request of the manager.
8
9 17. Part 4 Division 3 Subdivision 3 heading inserted
10 Before section 102 insert:
11
12 Subdivision 3 -- General matters
13
14 18. Section 116 amended
15 (1) Delete section 116(4) and insert:
16
17 (4) A licensee shall cause to be displayed in a readily
18 legible condition and in a conspicuous position in the
19 licensed premises --
20 (a) a copy of the licence; and
21 (b) if section 100(2a) applies in relation to the
22 premises -- a notice displaying the name of
23 each person who is supervising and managing
24 the premises and identifying every such person
25 as a manager.
26 Penalty: a fine of $2 000.
27 (5A) The notice required by subsection (4)(b) may be
28 combined with the notice required by subsection (5).
29
page 12
Liquor Control Amendment Bill 2010
Amendments relating to managers Part 2
s. 19
1 (2) In section 116(5):
2 (a) in paragraph (c) delete ""Licensee"; and" and insert:
3
4 "Licensee",
5
6 (b) delete paragraph (d).
7 19. Section 121 amended
8 In section 121(1):
9 (a) delete paragraph (b) and insert:
10
11 (b) any manager who is supervising and managing
12 the licensed premises at the time the liquor is
13 sold or supplied; and
14
15 (b) after paragraph (a) insert:
16
17 and
18
19 20. Section 164 amended
20 (1) Delete section 164(1)(b) and insert:
21
22 (b) if the offence was committed in respect of
23 licensed premises, any manager who was
24 supervising and managing the premises at the
25 time the offence was committed shall also be
26 deemed to have committed an offence unless it
27 is proved that --
28 (i) such direction had been given; and
page 13
Liquor Control Amendment Bill 2010
Part 2 Amendments relating to managers
s. 21
1 (ii) such supervision had been exercised or
2 caused to be exercised,
3 by that manager as were reasonably necessary
4 to ensure that an offence against this Act would
5 not be committed,
6
7 (2) Delete section 164(1a)(b) and insert:
8
9 (b) the Commission may impose a penalty under
10 section 96 on any manager who was
11 supervising and managing the premises at the
12 time the grounds upon which the complaint was
13 made occurred, as well as on the licensee,
14 unless it is proved that --
15 (i) such direction had been given; and
16 (ii) such supervision had been exercised or
17 caused to be exercised,
18 by that manager as were reasonably necessary
19 to ensure that the grounds upon which the
20 complaint was made would not occur.
21
22 21. Section 172 amended
23 In section 172(1):
24 (a) delete paragraph (b)(iv) and insert:
25
26 (iv) an approved unrestricted manager or an
27 approved restricted manager;
28
29 (b) after each of paragraphs (a) to (na) and (b)(i) and (ii)
30 insert:
31
32 or
33
page 14
Liquor Control Amendment Bill 2010
Amendments relating to managers Part 2
s. 22
1 22. Section 175 amended
2 In section 175(1):
3 (a) in paragraph (f) delete "used." and insert:
4
5 used; and
6
7 (b) after paragraph (f) insert:
8
9 (g) the approval and conduct of managers.
10
11 (c) after each of paragraphs (a) to (d) insert:
12
13 and
14
15 23. Section 177B inserted
16 After section 177A insert:
17
18 177B. Transitional provisions relating to the Liquor
19 Control Amendment Act 2010
20 Schedule 1B sets out transitional provisions relating to
21 amendments made to this Act by the Liquor Control
22 Amendment Act 2010.
23
page 15
Liquor Control Amendment Bill 2010
Part 2 Amendments relating to managers
s. 24
1 24. Schedule 1B inserted
2 After Schedule 1A insert:
3
4 Schedule 1B -- Transitional provisions relating to
5 the Liquor Control Amendment Act 2010
6 [s. 177B]
7 1. Terms used
8 In this Schedule --
9 approved manager means an approved unrestricted manager
10 or an approved restricted manager;
11 commencement day means the day on which the Liquor
12 Control Amendment Act 2010 Part 2 comes into operation;
13 old section 35B means section 35B as in force immediately
14 before the commencement day.
15 2. Current managers taken to be licensed
16 On the commencement day a person who was, immediately
17 before the commencement day, approved as a manager of
18 licensed premises under the old section 35B becomes --
19 (a) if the person had, before the commencement day,
20 completed a course of training or an assessment of
21 the kind described in the old section 35B(3)(c)(i) --
22 an approved unrestricted manager; or
23 (b) otherwise -- an approved restricted manager.
24 3. Duration of transitioned approvals
25 (1) For the purposes of section 102D, an approval effected by
26 clause 2 (a transitioned approval) is taken to have been
27 granted on the commencement day.
28 (2) The regulations may modify the operation of section 102D
29 in relation to transitioned approvals.
page 16
Liquor Control Amendment Bill 2010
Amendments relating to managers Part 2
s. 25
1 (3) Regulations for the purposes of subclause (2) cannot reduce
2 the duration of a transitioned approval unless the approved
3 manager agrees to the reduction.
4 (4) Regulations for the purposes of subclause (2) may make
5 different provision for different classes of approvals or
6 different classes of persons.
7 4. Current applications
8 (1) If --
9 (a) an application was made before the commencement
10 day for a person (the applicant) to be approved as a
11 manager under the old section 35B; and
12 (b) as at the commencement day the application had not
13 been finally dealt with,
14 then on the commencement day the application becomes an
15 application under section 102B for approval of the applicant
16 as an approved unrestricted manager.
17 (2) If an applicant to whom subclause (1) applies does not
18 satisfy the criteria for approval as an approved unrestricted
19 manager but does satisfy the criteria for approval as an
20 approved restricted manager, the Director may approve the
21 person as an approved restricted manager.
22
23 25. Other provisions amended
24 Amend the provisions listed in the Table as set out in the Table.
25 Table
Provision Delete Insert
s. 3(7)(a), licensee, occupier or licensee or occupier
125(1)(a)(i) and (c), manager or a manager
126C(2) and (3)
page 17
Liquor Control Amendment Bill 2010
Part 2 Amendments relating to managers
s. 25
Provision Delete Insert
s. 34(3) a manager an approved
unrestricted manager
or an approved
restricted manager
s. 35A(4) be manager of be a manager of the
licensed licensed
s. 37A licensee, or a person licensee, an
approved as a approved
manager under unrestricted manager
section 35B or an approved
restricted manager
s. 101(1) a person appointed a manager of the
as manager, or licensed premises, or
permitted by the a person permitted
licensee to conduct, by the licensee to
supervise or manage conduct, supervise or
the business carried manage the business
on under the licence carried on under the
on any premises is licence, is
responsible responsible
s. 101(2) the manager a manager
s. 103A(3) licensee or an licensee, an
approved manager. approved
unrestricted manager
or an approved
restricted manager.
s. 115(3) an approved a manager
manager
page 18
Liquor Control Amendment Bill 2010
Amendments relating to managers Part 2
s. 25
Provision Delete Insert
s. 115(7)(b) or manager or a manager
s. 116(2) A licensee, or a The licensee or a
manager, of the manager of the
business conducted licensed premises
under the licence
s. 119(5)(a) or the manager or a manager of, or
s. 120(1)(b)(i) the licensee, the licensee or
manager or occupier occupier or a
of manager of
s. 154(1)(f) or manager to or a manager of the
premises to
page 19
Liquor Control Amendment Bill 2010
Part 3 Amendments relating to liquor restricted premises
s. 26
1 Part 3 -- Amendments relating to liquor
2 restricted premises
3 26. Part 5B inserted
4 After Part 5A insert:
5
6 Part 5B -- Liquor restricted premises
7 152N. Terms used
8 In this Part --
9 applicant, in relation to a liquor restriction declaration,
10 means the person on whose application the declaration
11 was granted;
12 liquor restricted premises means premises that are the
13 subject of a liquor restriction declaration that is in
14 force;
15 liquor restriction declaration means a declaration
16 made under section 152P;
17 occupier, in relation to premises, means a person who
18 is, or is entitled to be, in occupation or control of the
19 premises, whether exclusively or jointly or in common
20 with other persons.
21 152O. Liquor prohibited on liquor restricted premises
22 (1) A person who --
23 (a) brings liquor onto; or
24 (b) causes liquor to be brought onto; or
25 (c) has in his or her possession or control any
26 liquor on; or
27 (d) consumes liquor on,
28 liquor restricted premises commits an offence.
29 Penalty: a fine of $2 000.
page 20
Liquor Control Amendment Bill 2010
Amendments relating to liquor restricted premises Part 3
s. 26
1 (2) Subsection (1)(a), (b) and (c) do not apply if --
2 (a) the person in possession of the liquor is passing
3 through a part of the liquor restricted premises
4 that is open to the public or through which the
5 person has a right of access; and
6 (b) the liquor --
7 (i) is in an unopened container or a
8 container that having been opened is
9 securely re-closed; and
10 (ii) is intended for consumption off the
11 liquor restricted premises.
12 (3) It is a defence to a charge of an offence against
13 subsection (1) to show that the person charged --
14 (a) did not know; and
15 (b) could not reasonably have been expected to
16 know,
17 that the premises were liquor restricted premises.
18 152P. Declaration of liquor restricted premises
19 (1) The Director may, by notice in writing, declare any of,
20 or any part of, the following to be liquor restricted
21 premises --
22 (a) residential premises;
23 (b) non-residential private premises, even if all or
24 part of the premises is open to the public;
25 (c) Crown land that is occupied by a person who
26 has a right to exclusive possession of the land.
27 (2) A declaration may be made so as to declare premises to
28 be a liquor restricted premises --
29 (a) at all times; or
30 (b) only during such periods as are specified in the
31 declaration.
page 21
Liquor Control Amendment Bill 2010
Part 3 Amendments relating to liquor restricted premises
s. 26
1 (3) A declaration may be made subject to any exemptions
2 or conditions the Director thinks fit.
3 (4) The Director may exercise a power under
4 subsection (1) on the application of --
5 (a) an owner or occupier of the premises; or
6 (b) a person who is, in relation to the premises, in a
7 prescribed class of persons.
8 152Q. Making of liquor restriction declaration
9 (1) The Director may make a liquor restriction declaration
10 if satisfied that making the declaration --
11 (a) either --
12 (i) reflects the wishes of the majority of the
13 occupiers of the premises; or
14 (ii) is in the public interest, despite not
15 reflecting the wishes of the majority of
16 the occupiers of the premises;
17 and
18 (b) is reasonable in the circumstances.
19 (2) The Director may make a liquor restriction declaration
20 in relation to all or part of the premises to which the
21 application relates.
22 (3) If the applicant is not the sole owner and occupier of
23 premises to which an application relates the Director
24 must not declare the premises to be liquor restricted
25 premises unless the Director is satisfied that each
26 other person who owns or occupies any part of the
27 premises --
28 (a) consents to the declaration being made; or
29 (b) has --
30 (i) been informed of the application; and
31 (ii) had a reasonable opportunity to make
32 submissions to the Director.
page 22
Liquor Control Amendment Bill 2010
Amendments relating to liquor restricted premises Part 3
s. 26
1 (4) For the purposes of deciding whether to declare
2 premises to be liquor restricted premises the Director
3 may consult with all or any of the following persons --
4 (a) owners or occupiers of the premises the subject
5 of the application;
6 (b) owners or occupiers of premises near the
7 premises the subject of the application;
8 (c) the Commissioner of Police;
9 (d) the relevant local government;
10 (e) any other person, body or authority the Director
11 considers may be able to provide information
12 relevant to the application.
13 (5) If the Director refuses to make a liquor restriction
14 declaration the Director must notify the applicant of the
15 refusal and the grounds on which it was made.
16 152R. Director to notify persons of declaration
17 (1) On making a liquor restriction declaration the Director
18 must give a copy of the declaration to --
19 (a) the applicant; and
20 (b) the Commissioner of Police.
21 (2) On making a liquor restriction declaration the Director
22 must give notice of the declaration to each other person
23 who owns or occupies any part of the liquor restricted
24 premises.
25 (3) A notice under subsection (2) --
26 (a) must comply with section 152S(3)(a); and
27 (b) may be given in person or by post.
28 (4) A failure to give notice as required by subsection (2)
29 does not affect the validity of the declaration.
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1 152S. Notice of declaration to be displayed at premises
2 (1) As soon as practicable after a liquor restriction
3 declaration is made the applicant must cause a notice
4 about the declaration to be displayed at the liquor
5 restricted premises.
6 Penalty: a fine of $2 000.
7 (2) The applicant must ensure that the notice remains on
8 display at all times while the declaration is in force.
9 Penalty: a fine of $2 000.
10 (3) The notice must --
11 (a) include --
12 (i) a statement that the premises are liquor
13 restricted premises; and
14 (ii) a description or diagram of the area that
15 is subject to the declaration in sufficient
16 detail for it to be clearly identified; and
17 (iii) a copy of the declaration; and
18 (iv) a statement as to the effect of
19 section 152O;
20 and
21 (b) be displayed in a conspicuous position on the
22 premises; and
23 (c) be in a readily legible condition; and
24 (d) comply with any requirements prescribed in the
25 regulations.
26 (4) If the declaration is varied under section 152U, the
27 notice must be changed accordingly.
28 (5) A person must not remove, deface or otherwise
29 interfere with a notice displayed as required by this
30 section.
31 Penalty: a fine of $2 000.
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s. 26
1 152T. Duration of declaration
2 (1) A liquor restriction declaration comes into force when
3 it is made or at any later time specified in the
4 declaration.
5 (2) A liquor restriction declaration ceases to be in force
6 when the first of the following occurs --
7 (a) if the declaration was granted for a specified
8 period -- that period expires;
9 (b) the Director revokes the declaration;
10 (c) the applicant ceases to be a person who could
11 apply for the declaration.
12 (3) The applicant for a declaration must give written notice
13 to the Director if the person ceases to be a person who
14 could apply for the declaration, unless the declaration
15 has already ceased to be in force under
16 subsection (2)(a) or (b).
17 Penalty: a fine of $2 000.
18 152U. Variation of declaration
19 (1) The Director may vary a liquor restriction declaration
20 if the Director is satisfied that varying the
21 declaration --
22 (a) either --
23 (i) reflects the wishes of the majority of the
24 occupiers of the premises; or
25 (ii) is in the public interest, despite not
26 reflecting the wishes of the majority of
27 the occupiers of the premises;
28 and
29 (b) is reasonable in the circumstances.
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s. 26
1 (2) Without limiting the variations that may be made under
2 subsection (1) a declaration may be varied to do any or
3 all of following --
4 (a) change the area to which the declaration relates;
5 (b) change the periods during which the premises is
6 a liquor restricted premises;
7 (c) create or change exemptions to, or conditions
8 on, the declaration;
9 (d) change the duration of the declaration.
10 (3) The Director may exercise a power under
11 subsection (1) --
12 (a) at any time on the Director's own initiative; or
13 (b) on the application of --
14 (i) the applicant for the declaration; or
15 (ii) any other person who owns or occupies
16 any part of the premises; or
17 (iii) the Commissioner of Police.
18 (4) The Director must not vary a liquor restriction
19 declaration unless the Director is satisfied that each
20 person who owns or occupies any part of the
21 premises --
22 (a) consents to the variation being made; or
23 (b) has --
24 (i) been informed of the proposed
25 variation; and
26 (ii) had a reasonable opportunity to make
27 submissions to the Director.
28 (5) Section 152Q(4) and (5) apply, with any necessary
29 modifications, to the exercise by the Director of a
30 power under subsection (1).
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1 152V. Revocation of declaration
2 (1) The Director may revoke a liquor restriction
3 declaration if the Director is satisfied that the
4 continuation of the declaration --
5 (a) does not reflect the wishes of the majority of
6 the occupiers of the premises; or
7 (b) is not in the public interest; or
8 (c) is not reasonable in the circumstances.
9 (2) The Director may exercise a power under
10 subsection (1) --
11 (a) at any time on the Director's own initiative; or
12 (b) on the application of --
13 (i) the applicant for the declaration; or
14 (ii) any other person who owns or occupies
15 any part of the premises; or
16 (iii) the Commissioner of Police.
17 (3) The Director must not revoke a liquor restriction
18 declaration unless the Director is satisfied that each
19 person who owns or occupies any part of the
20 premises --
21 (a) consents to the revocation being made; or
22 (b) has --
23 (i) been informed of the proposed
24 revocation; and
25 (ii) had a reasonable opportunity to make
26 submissions to the Director.
27 (4) Section 152Q(4) and (5) apply, with any necessary
28 modifications, to the exercise by the Director of a
29 power under subsection (1).
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1 152W. Applications generally
2 (1) In this section --
3 application means any application for the purposes of
4 this Part.
5 (2) An application must be made to the Director in the
6 form and manner approved by the Director.
7 (3) An application must be accompanied by the prescribed
8 fee.
9 (4) An applicant must provide the Director with any
10 information or document that the Director reasonably
11 requires.
12 (5) If an applicant does not comply with the requirements
13 of this Part for the making of the application the
14 Director --
15 (a) may accept the application if the Director
16 considers it appropriate to do so; or
17 (b) may decline to deal with the application and, if
18 so, must advise the applicant accordingly.
19 152X. Decisions under Part 5B not subject to review
20 A decision made by the Director under this Part is not
21 subject to review under section 25.
22
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s. 27
1 Part 4 -- Amendments relating to regulating
2 behaviour in licensed premises
3 27. Section 3 amended
4 (1) In section 3(1) insert in alphabetical order:
5
6 responsible person, in relation to licensed premises,
7 means --
8 (a) the licensee or occupier of the premises; or
9 (b) a manager of the premises; or
10 (c) an employee or agent of the licensee or
11 occupier or a manager;
12
13 (2) In section 3(7) delete "definition of authorised person" and
14 insert:
15
16 definitions of authorised person and responsible person
17
18 28. Section 61A deleted
19 Delete section 61A.
20 29. Section 69 amended
21 In section 69(6)(c):
22 (a) in subparagraph (i) delete "person; and" and insert:
23
24 person; or
25
26 (b) in subparagraph (ii) delete "result, or as to any other
27 matter relevant to the public interest; and" and insert:
28
29 result; or
30
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s. 30
1 (c) in subparagraph (iii) delete "licence." and insert:
2
3 licence; or
4
5 (d) after subparagraph (iii) insert:
6
7 (iv) any other matter relevant to the public
8 interest.
9
10 30. Sections 115AA to 115AE inserted
11 After section 115 insert:
12
13 115AA. Barring notices by Commissioner of Police
14 (1) In this section --
15 specified means specified in a notice under this section.
16 (2) The Commissioner of Police may give a notice to a
17 person prohibiting the person from entering specified
18 licensed premises, or a specified class of licensed
19 premises, if the Commissioner believes, on reasonable
20 grounds, that the person has, on licensed premises --
21 (a) been violent or disorderly; or
22 (b) engaged in indecent behaviour; or
23 (c) contravened a provision of any written law.
24 (3) The notice is to be in a form approved by the Director.
25 (4) The notice has effect from the day the notice is given to
26 the person until the earliest of --
27 (a) a specified day; or
28 (b) if the notice is revoked under subsection (7) --
29 the day that the notice of revocation is given to
30 the person; or
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s. 30
1 (c) if the decision to give the notice is quashed by
2 the Commission under section 115AD -- the
3 day that a copy of the Commission's decision is
4 given to the person.
5 (5) The specified day cannot be more than 12 months after
6 the day on which the notice is served.
7 (6) Except as provided in subsection (7A), a person who
8 enters premises contrary to a notice under
9 subsection (2) commits an offence.
10 Penalty: a fine of $10 000.
11 (7A) A person does not commit an offence under
12 subsection (6) if the person enters the premises solely
13 for the purpose of performing duties relating to the
14 person's work.
15 (7) The Commissioner of Police may revoke a notice
16 under subsection (2) by giving to the person a notice of
17 revocation.
18 (8) The notice of revocation is to be in a form approved by
19 the Director.
20 115AB. Delegation by the Commissioner of Police
21 (1) The Commissioner of Police may delegate the
22 Commissioner's functions under section 115AA to a
23 member of the Police Force of or above the rank of
24 Inspector.
25 (2) The delegation must be in writing signed by the
26 Commissioner of Police.
27 (3) A person to whom the duty is delegated under this
28 section cannot delegate that duty.
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s. 30
1 (4) A person performing the duty that has been delegated
2 to the person under this section is to be taken to do so
3 in accordance with the terms of the delegation unless
4 the contrary is shown.
5 (5) Nothing in this section limits the ability of the
6 Commissioner of Police to perform the duty through an
7 officer or agent.
8 115AC. Publication of details of people subject to barring
9 notices
10 (1A) In this section --
11 secure webpage means a page on a website that is
12 accessible only by --
13 (a) the licensee or occupier of licensed premises; or
14 (b) a manager of licensed premises; or
15 (c) a prescribed person or class of persons or a
16 person in a prescribed circumstance.
17 (1) The Commissioner of Police must publish on a secure
18 webpage all of the following in relation to a person to
19 whom a notice under section 115AA is given --
20 (a) the name of the person;
21 (b) a photograph of the person (if any is in the
22 possession of the Commissioner);
23 (c) the town or suburb where the person lives;
24 (d) the licensed premises, or class of licensed
25 premises, in relation to which the notice relates.
26 (2) Subsection (1) does not permit the publication of
27 anything that identifies, or is capable of identifying --
28 (a) a child other than the person to whom the
29 notice is given; or
30 (c) the details of any offence of which the person
31 was convicted in the Children's Court.
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s. 30
1 (3) Except as provided in subsection (4), a person who
2 discloses something that has been published under
3 subsection (1) commits an offence.
4 Penalty: a fine of $10 000.
5 (4) A licensee or manager of licensed premises does not
6 commit an offence under subsection (3) if --
7 (a) he or she discloses information published under
8 subsection (1) to a responsible person in
9 relation to those premises; and
10 (b) the disclosure is made for the purposes of
11 enabling the responsible person to perform
12 duties relating to the person's work on the
13 licensed premises.
14 115AD. Application for review
15 (1) In this section --
16 notice means a notice under section 115AA(2).
17 (2) This section applies if --
18 (a) a notice is given to a person in respect of
19 licensed premises; and
20 (b) the notice --
21 (i) has effect for one month or more; or
22 (ii) has effect for any shorter period that,
23 when added to the period of any notice
24 previously given to the person in respect
25 of the premises or premises of the
26 particular class (as the case requires),
27 results in the person being prohibited
28 from those premises or that class of
29 premises for a period of more than one
30 month in any 12 month period.
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s. 30
1 (3) Subject to subsection (4), where the person is
2 dissatisfied with the decision of the Commissioner of
3 Police to give the notice, the person may apply to the
4 Commission for a review of that decision.
5 (4) An application under subsection (3) must be made
6 within a month after the applicant is served with the
7 notice or such longer period as the Commission may
8 allow.
9 (5) The application must be --
10 (a) made in a manner and form approved by the
11 Commission; and
12 (b) accompanied by the prescribed fee, if any.
13 (6) When conducting a review of the decision, the
14 Commission may have regard to --
15 (a) the material that was before the Commissioner
16 of Police when making the decision; and
17 (b) any information or document provided by the
18 applicant.
19 (7) On a review under this section, the Commission may
20 affirm, vary or quash the decision subject to the review.
21 (8) The notice remains in force during the period of the
22 review of the decision to give that notice.
23 115AE. Permitting entry to premises contrary to barring
24 notice
25 A responsible person in relation to licensed premises
26 commits an offence if the responsible person --
27 (a) knows that a notice under section 115AA(2)
28 has been given to a person in respect of the
29 premises; and
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s. 31
1 (b) permits the person to enter or remain on the
2 premises contrary to the notice.
3 Penalty: a fine of $10 000.
4
5 31. Section 128 amended
6 Delete section 128(2)(a) and "or" after it and insert:
7
8 (a) all or any of the following --
9 (i) the class of licence;
10 (ii) any restrictions or conditions imposed
11 in relation to the licence;
12 (iii) the type of premises;
13 (iv) the location of the premises;
14 (v) the capacity of the premises;
15 (vi) the trading hours;
16 (vii) the convictions for offences under this
17 Act, if any, of the applicant for the
18 licence;
19 (viii) the disciplinary action under Part 3
20 Division 13, if any, taken against the
21 applicant for the licence;
22 (ix) any other criteria prescribed in the
23 regulations;
24 or
25
26 32. Section 152K amended
27 After section 152K(1) insert:
28
29 (2A) If the Director makes a prohibition order, the Director
30 may publish all or any of the following information or
31 material in relation to the relevant person if that
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premises
s. 33
1 information or material was provided with the
2 application of the Commissioner of Police under
3 section 152B --
4 (a) the name of the relevant person;
5 (b) a photograph of the relevant person;
6 (c) the town or suburb where the relevant person
7 lives;
8 (d) the licensed premises, or class of licensed
9 premises, in relation to which the order relates.
10 (2B) Subsection (2A) does not permit the publication of
11 anything that identifies, or is capable of identifying --
12 (a) a child other than the relevant person; or
13 (c) the details of any offence of which the relevant
14 person was convicted in the Children's Court.
15 (2C) A person may republish in any manner something that
16 has been published under subsection (2A).
17
18 33. Section 152M inserted
19 After section 152L insert:
20
21 152M. Permitting entry to premises contrary to
22 prohibition order
23 A responsible person in relation to licensed premises
24 commits an offence if the responsible person --
25 (a) knows that a prohibition order has been made
26 against a person in respect of the premises; and
27 (b) permits the person to enter or remain on the
28 premises contrary to the order.
29 Penalty: a fine of $10 000.
30
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premises
s. 34
1 34. Section 175 amended
2 After section 175(1)(cc) insert:
3
4 (cd) limiting the permitted opening hours that may
5 be authorised by an extended trading permit
6 issued for the purpose referred to in
7 section 60(4)(g); and
8 (ce) regulating entry to licensed premises after a
9 time of the day or night specified in the
10 regulations; and
11
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Liquor Control Amendment Bill 2010
Part 5 Other amendments
s. 35
1 Part 5 -- Other amendments
2 35. Section 3 amended
3 (1) In section 3(1) insert in alphabetical order:
4
5 prescribed means prescribed in regulations under
6 section 175;
7 tavern restricted licence means a hotel licence of the
8 kind referred to in section 41(1)(c);
9
10 (2) In section 3(1) in the definition of hotel licence after "tavern
11 licence" insert:
12
13 or tavern restricted licence
14
15 (3) In section 3(1) in the definition of meal delete "by the
16 regulations".
17 (4) In section 3(4)(d) delete "by the regulations".
18 36. Section 6 amended
19 In section 6(1)(o) delete "sale" and insert:
20
21 sale or supply of liquor is to, or the consumption of liquor is by,
22 a person who is at least 18 years of age and that sale, supply or
23 consumption
24
25 37. Section 16 amended
26 In section 16(2)(b) delete "Commission except the hearing of
27 applications for a new licence, or for a removal, where an
28 objection is lodged and not withdrawn." and insert:
29
30 Commission.
31
page 38
Liquor Control Amendment Bill 2010
Other amendments Part 5
s. 38
1 38. Section 33 amended
2 (1) In section 33(6):
3 (a) delete "shall be taken to be" and insert:
4
5 are
6
7 (b) delete "should" and insert:
8
9 may
10
11 (2) After section 33(6c) insert:
12
13 (6D) For the purposes of subsection (6)(b), the licensing
14 authority may rely on any document issued by the
15 Police Force of Western Australia, the Australian
16 Federal Police or the police force of another State or a
17 Territory that --
18 (a) sets out the criminal convictions (if any) of the
19 person for offences under the law of the State,
20 the Commonwealth or the other State or a
21 Territory; and
22 (b) was issued not more than 30 days, or such other
23 prescribed period, before the material time.
24
25 39. Section 37 amended
26 (1) At the beginning of section 37 insert:
27
28 (1A) In this section --
29 public body means --
30 (a) an agency or an organisation as those terms are
31 defined in the Public Sector Management
32 Act 1994 section 3(1); or
page 39
Liquor Control Amendment Bill 2010
Part 5 Other amendments
s. 39
1 (b) a body, whether incorporated or not, or the
2 holder of an office, that is established or
3 continued for a public purpose under a written
4 law and that, under the authority of a written
5 law, performs a statutory function on behalf of
6 the State; or
7 (c) a local government or regional local
8 government; or
9 (d) any other body, or the holder of an office, post
10 or position, that is prescribed as a public body
11 for the purposes of this definition.
12
13 (2) In section 37(1):
14 (a) in paragraph (a) delete "person or a body corporate --
15 that the person" and insert:
16
17 person -- that the applicant
18
19 (b) in paragraph (b) delete "corporate --" and insert:
20
21 corporate or a public body --
22
23 (3) After section 37(1) insert:
24
25 (2A) Where the licensing authority is to determine whether a
26 person is a fit and proper person to occupy a position of
27 authority in an association incorporated under the
28 Associations Incorporation Act 1987 or a public body,
29 the licensing authority may, in the absence of evidence
30 to the contrary, assume that the person is a fit and
31 proper person to occupy that position.
32
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Liquor Control Amendment Bill 2010
Other amendments Part 5
s. 40
1 40. Section 38 amended
2 In section 38(3) delete "purpose" and insert:
3
4 purposes
5
6 41. Section 41 amended
7 (1) In section 41(1):
8 (a) in paragraph (b)(ii) delete "other sales to liquor sold for
9 consumption" and insert:
10
11 the sale of liquor to be consumed
12
13 (b) in paragraph (b) delete "licence," and insert:
14
15 licence; and
16
17 (c) after paragraph (b) insert:
18
19 (c) where a tavern licence is subject to a
20 condition --
21 (i) prohibiting the sale of packaged liquor;
22 and
23 (ii) restricting the sale of liquor to be
24 consumed on the licensed premises,
25 it shall be referred to as a tavern restricted
26 licence,
27
28 (d) after "for a tavern licence" insert:
29
30 or a tavern restricted licence
31
page 41
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Part 5 Other amendments
s. 42
1 (2) In section 41(6) delete "licence." and insert:
2
3 licence or a tavern restricted licence.
4
5 42. Section 55 amended
6 In section 55(1)(a):
7 (a) after "from the licensed premises" insert:
8
9 all or any of the following
10
11 (b) in each of subparagraphs (i), (ii) and (iii) delete "being";
12 (c) after subparagraph (ii) delete "or".
13 43. Section 57 amended
14 (1) At the beginning of section 57 insert:
15
16 (1) In this section --
17 relevant liquor means liquor of the kind sought to be
18 authorised for sale under the licence;
19 relevant period means the period of 12 months from
20 the date on which the licence, if granted, will come into
21 force.
22
23 (2) In section 57:
24 (a) delete "An applicant" and insert:
25
26 (2) An applicant
27
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Other amendments Part 5
s. 44
1 (b) delete paragraphs (a) and (b) and insert:
2
3 (a) that the applicant is, or within the relevant
4 period will become, a genuine producer of the
5 relevant liquor; and
6 (b) that the applicant carries on, or within the
7 relevant period will commence to carry on, a
8 genuine business of the sale of the relevant
9 liquor; and
10 (ca) that the applicant produces, or within the
11 relevant period will commence production of, a
12 sufficient quantity of the relevant liquor to be
13 able to carry on the business referred to in
14 paragraph (b); and
15
16 (3) At the end of section 57 insert:
17
18 (3) Every producer's licence is subject to the condition
19 that, unless the Director approves otherwise, the
20 licensee must produce a sufficient quantity of the
21 relevant liquor to be able to carry on the business
22 referred to in subsection (2)(b).
23
24 44. Section 64 amended
25 (1) In section 64(3):
26 (a) in paragraph (ba) delete "authority" and insert:
27
28 government
29
30 (b) after paragraph (j) insert:
31
32 (ka) require the keeping of records and provision of
33 information to the Director; or
34
page 43
Liquor Control Amendment Bill 2010
Part 5 Other amendments
s. 45
1 (2) In section 64(7) delete "$500" and insert:
2
3 $1 000
4
5 45. Section 67 amended
6 In section 67(5)(a) delete "application, endorsed with the date of
7 its lodgement with the Director," and insert:
8
9 application
10
11 46. Section 69 amended
12 (1) Delete section 69(2) and insert:
13
14 (2) The Director must give to the applicant sufficient
15 directions to enable the application to be advertised in
16 accordance with any requirement under section 67(1).
17
18 (2) In section 69(4):
19 (a) delete "shall --" and insert:
20
21 may --
22
23 (b) in paragraph (b) delete "it," and insert:
24
25 it.
26
27 (c) delete "as soon as may be practicable.".
page 44
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Other amendments Part 5
s. 47
1 47. Section 96 amended
2 In section 96(1)(m) delete "$30 000; or" and insert:
3
4 $60 000; or
5
6 48. Section 98A amended
7 In section 98A(1):
8 (a) in paragraph (b) delete "6 a.m." and insert:
9
10 5 a.m.
11
12 (b) in paragraph (d) delete "6 a.m." and insert:
13
14 5 a.m.
15
16 49. Section 99 amended
17 In section 99(7) delete "$500" and insert:
18
19 $1 000
20
21 50. Section 103A amended
22 In section 103A(1)(b) after "maintain a register" insert:
23
24 on the licensed premises
25
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s. 51
1 51. Section 106 amended
2 (1) In section 106(1) delete the Penalty and insert:
3
4 Penalty:
5 (a) for the licensee or a manager, a fine of
6 $10 000;
7 (b) for an employee or agent, a fine of $4 000;
8 (c) for a lodger, a fine of $2 000.
9
10 (2) In section 106(3) delete the Penalty and insert:
11
12 Penalty:
13 (a) for the licensee or a manager, a fine of
14 $10 000;
15 (b) for an employee or agent, a fine of $4 000;
16 (c) for a lodger, a fine of $2 000.
17
18 52. Section 109 amended
19 (1) In section 109(1) delete the Penalty and insert:
20
21 Penalty: a fine of $20 000 and imprisonment for
22 2 years, but the minimum penalty is a fine of
23 $2 000.
24
25 (2) In section 109(3) delete the Penalty and insert:
26
27 Penalty: a fine of $10 000, but the minimum penalty is
28 a fine of $1 000.
29
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Other amendments Part 5
s. 53
1 (3) After section 109(3) insert:
2
3 (4A) A licensee, or an employee or agent of a licensee (the
4 seller), commits an offence if --
5 (a) the seller sells liquor to another person (the
6 buyer) whom the seller reasonably believes, or
7 ought reasonably to believe, intends to sell the
8 liquor in contravention of subsection (1); and
9 (b) the buyer sells the liquor in contravention of
10 subsection (1).
11 Penalty: a fine of $20 000 and imprisonment for
12 2 years, but the minimum penalty is a fine of
13 $2 000.
14
15 53. Section 110 amended
16 (1) In section 110(1) delete the Penalty and insert:
17
18 Penalty:
19 (a) for the licensee or a manager, a fine of
20 $10 000;
21 (b) for an employee or agent, a fine of $4 000;
22 (c) for anyone else, a fine of $2 000.
23
24 (2) In section 110(2) delete the Penalty and insert:
25
26 Penalty:
27 (a) for the licensee or a manager, a fine of
28 $10 000;
29 (b) for an employee or agent, a fine of $4 000.
30
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s. 53
1 (3) In section 110(3) delete the Penalty and insert:
2
3 Penalty:
4 (a) for the licensee or a manager, a fine of
5 $10 000;
6 (b) for an employee or agent, a fine of $4 000;
7 (c) for anyone else, a fine of $2 000.
8
9 (4) After section 110(3) insert:
10
11 (4A) A person attending a public event at a sports arena
12 commits an offence if, without the consent of the
13 licensee, the person --
14 (a) brings into the sports arena; or
15 (b) attempts to bring into the sports arena; or
16 (c) has in his or her possession or control; or
17 (d) consumes,
18 any liquor that was not purchased in the sports arena
19 while it was open for the purpose of holding or
20 conducting that public event.
21 Penalty: a fine of $2 000.
22 (4B) In subsection (4A) --
23 public event means --
24 (a) any event, including any game or sport, that is
25 held or conducted for public exhibition; or
26 (b) any --
27 (i) training session, practice or rehearsal; or
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Liquor Control Amendment Bill 2010
Other amendments Part 5
s. 54
1 (ii) promotional or advertising event, press
2 conference, preview or similar activity,
3 that is held or conducted for purposes other
4 than public exhibition but which is open to the
5 public;
6 sports arena means a sports arena, ground or
7 stadium --
8 (a) all or part of which is licensed premises; and
9 (b) that is prescribed for the purposes of this
10 definition.
11
12 54. Section 111 amended
13 In section 111(1) delete the Penalty and insert:
14
15 Penalty:
16 (a) for the licensee or a manager, a fine of
17 $10 000;
18 (b) for an employee or agent, a fine of $4 000.
19
20 55. Section 114 amended
21 In section 114(1) delete the Penalty and insert:
22
23 Penalty:
24 (a) for the licensee or a manager, a fine of
25 $10 000;
26 (b) for an employee or agent, a fine of $4 000.
27
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Liquor Control Amendment Bill 2010
Part 5 Other amendments
s. 56
1 56. Section 115 amended
2 (1) In section 115(1) delete the Penalty and insert:
3
4 Penalty:
5 (a) for the licensee or a manager, a fine of
6 $10 000;
7 (b) for an employee or agent, a fine of $4 000.
8
9 (2) In section 115(2) delete the Penalty and insert:
10
11 Penalty:
12 (a) for an offence on licensed premises --
13 (i) for the licensee or a manager, a fine of
14 $10 000;
15 (ii) for an employee or agent, a fine of
16 $4 000;
17 (iii) for anyone else, a fine of $2 000;
18 (b) for an offence on regulated premises --
19 (i) for the owner of the regulated premises,
20 a fine of $10 000;
21 (ii) for anyone else, a fine of $2 000.
22
23 57. Section 115A amended
24 In section 115A(2) delete the Penalty and insert:
25
26 Penalty:
27 (a) for the licensee, a fine of $10 000;
28 (b) for a manager, a fine of $4 000.
29
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Liquor Control Amendment Bill 2010
Other amendments Part 5
s. 58
1 58. Section 116 amended
2 (1) At the end of section 116(1) insert:
3
4 Penalty: a fine of $2 000.
5
6 (2) At the end of section 116(2) insert:
7
8 Penalty: a fine of $2 000.
9
10 (3) At the end of section 116(3) insert:
11
12 Penalty: a fine of $2 000.
13
14 59. Section 116A amended
15 In section 116A(1) after "maintain a register" insert:
16
17 on the licensed premises
18
19 60. Section 119 amended
20 (1) In section 119(4) after "Except" insert:
21
22 where exempted in regulations under section 6(1)(o) or
23
24 (2) In section 119(5):
25 (a) after paragraph (a) insert:
26
27 (ba) is in charge of a vehicle on a road referred to in
28 subsection (4)(a); or
29
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Liquor Control Amendment Bill 2010
Part 5 Other amendments
s. 61
1 (b) in paragraph (b) delete "such a person," and insert:
2
3 a person referred to in paragraph (a) or (ba),
4
5 61. Section 119A replaced
6 Delete section 119A and insert:
7
8 119A. Conduct of unapproved businesses on or from
9 licensed premises
10 (1) In this section --
11 non-liquor business on licensed premises means a
12 business, other than a business conducted under a
13 licence or a prescribed business, conducted on or from
14 licensed premises.
15 (2) The licensing authority may, on an application by a
16 person under subsection (3), give approval to the
17 person to conduct a non-liquor business on licensed
18 premises.
19 (3) The application for the approval must --
20 (a) be made in a form approved by the licensing
21 authority; and
22 (b) be accompanied by the prescribed fee; and
23 (c) be supported by any further or other
24 documentation or information that the licensing
25 authority may require.
26 (4) A person who conducts a non-liquor business on
27 licensed premises without the approval commits an
28 offence.
29 Penalty:
30 (a) for the licensee, a fine of $10 000;
31 (b) for anyone else, a fine of $4 000.
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Liquor Control Amendment Bill 2010
Other amendments Part 5
s. 62
1 (5) A licensee who causes or permits another person to
2 conduct a non-liquor business on licensed premises
3 without the approval commits an offence.
4 Penalty: a fine of $10 000.
5
6 62. Section 121 amended
7 (1) In section 121(1) delete the Penalty and insert:
8
9 Penalty:
10 (a) for the licensee or a manager, a fine of
11 $10 000;
12 (b) for the sale or supply by any other person, a
13 fine of $4 000;
14 (c) for anyone else, a fine of $2 000.
15
16 (2) In section 121(2) delete the Penalty and insert:
17
18 Penalty:
19 (a) for the licensee or a manager, a fine of
20 $10 000;
21 (b) for anyone else, a fine of $4 000.
22
23 (3) In section 121(4) delete the Penalty and insert:
24
25 Penalty:
26 (a) for the licensee or a manager, a fine of
27 $10 000;
28 (b) for an employee or agent, a fine of $4 000;
29 (c) for a juvenile, a fine of $2 000.
30
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Liquor Control Amendment Bill 2010
Part 5 Other amendments
s. 63
1 (4) Delete section 121(11)(c) and insert:
2
3 (c) the work carried out by the juvenile is
4 supervised at all times; and
5 (d) either --
6 (i) the work carried out by the juvenile will
7 be assessed for the purposes of a
8 prescribed training course being
9 undertaken by the juvenile; or
10 (ii) the juvenile has successfully completed
11 a prescribed training course the
12 assessment for which included an
13 assessment of the juvenile's work while
14 employed or engaged to serve liquor
15 ancillary to a meal.
16
17 63. Section 122 amended
18 In section 122(3) delete the Penalty and insert:
19
20 Penalty:
21 (a) for a juvenile, a fine of $2 000;
22 (b) for anyone else, a fine of $4 000.
23
24 64. Section 126D amended
25 In section 126D(2) delete the Penalty and insert:
26
27 Penalty:
28 (a) for the licensee or a manager, a fine of
29 $10 000;
30 (b) for an employee or agent, a fine of $4 000.
31
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Liquor Control Amendment Bill 2010
Other amendments Part 5
s. 65
1 65. Section 155 amended
2 Delete section 155(6) and insert:
3
4 (6) If a person is contravening section 110(4A) a member
5 of the Police Force may seize an opened or unopened
6 container of liquor involved in the contravention.
7 (7) If a person is contravening section 119 a member of the
8 Police Force may seize a container of liquor in the
9 person's possession if --
10 (a) the container is opened; or
11 (b) the container is unopened and either --
12 (i) the person is consuming liquor during a
13 period, and in an area, specified in a
14 special event notice under section 126E;
15 or
16 (ii) the member of the Police Force believes
17 on reasonable grounds that the person
18 has caused, is causing or is likely to
19 cause, undue offence, annoyance,
20 disturbance or inconvenience to other
21 persons in the vicinity.
22 (8) If a person is contravening section 152O(1) a member
23 of the Police Force may seize an opened or unopened
24 container of liquor involved in the contravention.
25 (9) Despite subsection (5), a member of the Police Force
26 who seizes a container of liquor under subsection (6),
27 (7) or (8) must dispose of it as soon as is practicable
28 after it is seized.
29
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Liquor Control Amendment Bill 2010
Part 5 Other amendments
s. 66
1 66. Section 166 amended
2 In section 166(2) after "penalty" (second occurrence) insert:
3
4 of a fine
5
6 67. Section 169 amended
7 Delete section 169(1) and insert:
8
9 (1) A court of summary jurisdiction hearing and
10 determining a charge of an offence under this Act is to
11 be constituted by a magistrate if --
12 (a) the penalty for the offence is a fine of more
13 than $2 000; or
14 (b) the person charged with the offence is a
15 licensee, a manager or an employee or agent of
16 a licensee.
17
18 68. Section 174A amended
19 In section 174A(1) delete "Act." and insert:
20
21 Act except any thing that is seized and disposed of in
22 accordance with section 155(9).
23
24 69. Various penalties amended
25 In the provisions listed in the Table after "Penalty:" insert:
26
27 a fine of
28
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Liquor Control Amendment Bill 2010
Other amendments Part 5
s. 69
1 Table
s. 20(3) s. 37A
s. 51(2) s. 51(4)
s. 65(1) s. 77(1)
s. 100(2) s. 100(5)
s. 100(8) s. 101(3)
s. 102(1) s. 103(3)
s. 104(1) s. 108
s. 110(5) s. 110(7)
s. 111(2) s. 113A
s. 115(5) s. 115(6)
s. 115(7) s. 116(5)
s. 116A(1) s. 116A(3)
s. 117(7) s. 118(3)
s. 119(1) s. 119(2)
s. 119(4) s. 119(5)
s. 119(7) s. 119(11)
s. 121(3) s. 121(7)
s. 121(7a) s. 121(9)
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Liquor Control Amendment Bill 2010
Part 5 Other amendments
s. 69
s. 121(10) s. 122(2)
s. 123(1) s. 123(2)
s. 124 s. 126(2)
s. 126(4) s. 126(5)
s. 135(3) s. 145(4)
s. 146(1) s. 150(2)
s. 152(2) s. 152L(1)
s. 152L(2) s. 154(3)
s. 157 s. 158(1)
s. 159(1) s. 159(3)
s. 160(4) s. 161(7)
page 58
Liquor Control Amendment Bill 2010
Criminal Investigation (Identifying People) Act 2002 amended Part 6
s. 70
1 Part 6 -- Criminal Investigation (Identifying People)
2 Act 2002 amended
3 70. Act amended
4 This Part amends the Criminal Investigation (Identifying
5 People) Act 2002.
6 71. Section 73 amended
7 Before section 73(1)(n) insert:
8 (nb) for the purposes of the Liquor Control Act 1988
9 section 115AC or 152K;
10
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