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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LIQUOR AMENDMENT
BILL 2001
Queensland
LIQUOR AMENDMENT BILL 2001
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3A Principle underlying this Act for facilitating and regulating the
liquor industry ................................... 10
5 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Insertion of new s 4AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4AA Meaning of "entertainment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7 Amendment of s 6 (Acceptable evidence of age) . . . . . . . . . . . . . . . . . . . . . 14
8 Amendment of s 7 (Presumed quantity of liquor). . . . . . . . . . . . . . . . . . . . . 14
9 Amendment of s 9 (Ordinary trading hours) . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10A When meal is taken not to have been prepared and served to be
eaten on premises .................................. 15
11 Amendment of s 12 (Exemptions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
12 Insertion of new ss 20A and 20B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20A Protection of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20B Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13 Amendment of s 21 (Jurisdiction and powers of Tribunal) . . . . . . . . . . . . . . 18
14 Amendment of s 22 (Constitution of Tribunal) . . . . . . . . . . . . . . . . . . . . . . . 18
15 Replacement of s 23 (Way of exercising jurisdiction) . . . . . . . . . . . . . . . . . 19
23 Way of exercising jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
16 Amendment of s 26 (Powers of Tribunal in proceedings). . . . . . . . . . . . . . . 19
17 Insertion of new s 26A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
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Liquor Amendment Bill 2001
26A Directions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
18 Replacement of ss 30 and 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
30 Persons entitled to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
31 Start of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Amendment of s 34 (Arranging the hearing of appeal). . . . . . . . . . . . . . . . . 22
20 Insertion of new s 35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
35A Tribunal may give leave for appeal to be based on new evidence
and related matters ................................ 22
21 Amendment of s 38 (Costs on appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
22 Replacement of s 39 (Summary decision on appeal) . . . . . . . . . . . . . . . . . . 23
39 Appeal without hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
41A Tribunal to keep record of its decisions . . . . . . . . . . . . . . . . . . . . . . . 24
24 Amendment of s 42 (Power of delegation) . . . . . . . . . . . . . . . . . . . . . . . . . . 25
25 Replacement of s 43 (Register of licences and permits) . . . . . . . . . . . . . . . . 25
43 Register of licences, permits and applications to be kept . . . . . . . . . 25
26 Amendment of s 45 (Court officials to furnish particulars for Register). . . . 26
27 Insertion of new s 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
47A Publication of information on internet etc. . . . . . . . . . . . . . . . . . . . . 26
28 Amendment of s 48 (Preservation of confidentiality) . . . . . . . . . . . . . . . . . . 27
29 Amendment of s 58 (Available licences). . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
30 Insertion of new s 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
58A Primary purpose of a business conducted under a general
licence ....................................... 28
31 Replacement of s 60 (Restriction on grant of general licence) . . . . . . . . . . . 28
60 Restriction on grant of general licence . . . . . . . . . . . . . . . . . . . . . . . 28
32 Insertion of new s 61A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
61A Primary purpose of a business under a residential licence . . . . . . . . 28
33 Amendment of s 62 (Authority of residential licence) . . . . . . . . . . . . . . . . . 29
34 Amendment of s 63 (Restriction on grant of residential licence) . . . . . . . . . 30
35 Replacement of s 64 (Consumption of liquor on premises by residents
and guests) ............................................. 30
64 Consumption of liquor on premises by residents and guests. . . . . . . 30
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Liquor Amendment Bill 2001
36 Replacement of s 65 (Consumption of liquor with meals or when meals
are being served) ........................................ 30
65 Consumption of liquor in dining area . . . . . . . . . . . . . . . . . . . . . . . . 31
37 Amendment of s 67 (Restriction on sale of liquor for consumption off
premises) ................................................. 31
38 Amendment of s 70 (Restriction on sale of liquor for consumption off
premises) ................................................. 31
39 Insertion of new s 70A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
70A Primary purpose of an on-premises (function) licence . . . . . . . . . . . 32
40 Insertion of new s 71A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
71A Primary purpose of a business under an on-premises (cabaret)
licence .......................................... 32
41 Replacement of s 72A (Restriction on sale and supply of liquor at
cabarets) .......................................... 33
72A Authority to sell and supply liquor when primary purpose
includes provision of meals ......................... 33
72B Extension of authority to sell or supply liquor under on-premises
(cabaret) licence .................................. 33
42 Replacement of s 73 (Restriction on sale of liquor under on-premises
licence) ............................................... 33
73 Primary purpose of a business under an on-premises (meals)
licence .......................................... 33
73A Restriction on sale of liquor under an on-premises (meals)
licence ..................................... 34
73B Extension of authority to sell or supply liquor under on-premises
(meals) licence ................................... 34
43 Replacement of s 74 (Display of menu, liquor list and authority to sell
liquor) ................................................ 34
74 Display of menu and liquor list . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
44 Insertion of new s 74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
74A Primary purpose of a business under an on-premises (transport)
licence .......................................... 35
45 Amendment of s 75 (Restriction on sale of liquor) . . . . . . . . . . . . . . . . . . . . 35
46 Insertion of new s 75A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
75A Primary purpose of a business under an on-premises
(presentations) licence ............................. 36
47 Amendment of s 76 (Location of liquor outlets specified in
licence) ........................................ 36
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Liquor Amendment Bill 2001
48 Amendment of s 77 (Number of liquor outlets) . . . . . . . . . . . . . . . . . . . . . . 36
49 Replacement of pt 4, div 4, sdivs 7 and 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Subdivision 7--On-premises (tourist) licences
78 Primary purpose of a business under an on-premises (tourist)
licence ......................................... 37
79 Restriction on sale of liquor under on-premises (tourist)
licence ...................................... 37
Subdivision 8--Other activity
80 Primary purpose of a business under an on-premises (other
activity) licence .................................. 37
81 Extension of authority to sell liquor under an on-premises (other
activity) licence .................................. 37
50 Insertion of new s 81A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
81A Primary purpose of business under producer/wholesaler
licence ................................... 38
51 Amendment of s 83 (Restriction on grant of producer/wholesaler
licence) ............................................. 38
52 Amendment of s 84 (Restriction on sale of liquor under producer/
wholesaler licence) ..................................... 38
53 Insertion of new s 84A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
84A Primary purpose of business under club licence . . . . . . . . . . . . . . . . 40
54 Amendment of s 85 (Authority of club licence) . . . . . . . . . . . . . . . . . . . . . . 40
55 Amendment of s 86 (Restrictions on grant of club licence) . . . . . . . . . . . . . 42
56 Omission of s 87 (Restriction on sale of liquor for consumption off
premises) ............................................. 42
57 Insertion of new s 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
92 Primary purpose of a business under a special facility licence . . . . . 42
58 Amendment of s 94 (Restriction on grant of special facility
licence) ...................................... 42
59 Insertion of new s 94A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
94A Primary purpose of a business under a limited licence . . . . . . . . . . . 43
60 Amendment of s 96 (Restriction on grant of limited licence). . . . . . . . . . . . 43
61 Amendment of s 97 (Available permits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
62 Replacement of s 103 (Restriction on grant of extended hours permit) 44
102A Restriction on grant of extended hours permit. . . . . . . . . . . . . . . . . . 44
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Liquor Amendment Bill 2001
102B Application for an extended hours permit on a regular basis that
includes trading between 5 a.m. and 7 a.m. ............... 44
102C Other application for an extended hours permit that includes
trading between 5 a.m. and 7 a.m. ................... 45
Division 12A--Catering away permits for public events
102D Definitions for div 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
102E Licensee to obtain a permit for selling or supplying liquor at
public events ..................................... 46
102F Restriction on grant of catering away permit. . . . . . . . . . . . . . . . . . . 47
102G Area in catering away permit forms part of licensed
premises .................................. 48
103 Authority of catering away permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
63 Amendment of s 103G (Authority of adult entertainment
permit) ...................................... 48
64 Insertion of new s 103K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
103K Restriction on grant of adult entertainment permit . . . . . . . . . . . . . . 49
65 Amendment of s 104 (Additional time for consumption or removal of
liquor) ................................................ 49
66 Amendment of s 105 (Requirements for applications) . . . . . . . . . . . . . . . . . 49
67 Insertion of new s 107AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
107AA Chief executive may impose conditions on licences and
permits ...................................... 50
68 Amendment of s 109 (Nominees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
69 Amendment of s 110 (Application for grant of extended hours permit
not on regular basis) ............................ 51
70 Amendment of s 112 (Procedure for variation by chief
executive) ..................................... 51
71 Insertion of new s 113A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
113A Transfer of licence or permit held for or on behalf of
unincorporated association ................... 51
72 Amendment of s 116 (Public need relevant to applications). . . . . . . . . . . . . 52
73 Amendment of s 118 (Advertisement of applications) . . . . . . . . . . . . . . . . . 53
74 Amendment of s 118A (Submissions on public need) . . . . . . . . . . . . . . . . . 54
75 Amendment of s 119 (Objection to grant of applications) . . . . . . . . . . . . . . 55
76 Amendment of s 121 (Conference of concerned persons and decision
by chief executive) .............................. 55
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Liquor Amendment Bill 2001
77 Replacement of ss 123 and 124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
123 Chief executive may grant provisional licence . . . . . . . . . . . . . . . . . 56
123A Chief executive may grant authority to trade for staged
development .............................. 57
123B Provisional licence or staged development approval . . . . . . . . . . . . . 58
123C Effect of provisional licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
124 Effect of staged development approval . . . . . . . . . . . . . . . . . . . . . . . 59
78 Amendment of s 125 (Temporary licence) . . . . . . . . . . . . . . . . . . . . . . . . . . 59
79 Amendment of s 128 (Liability of licensees in certain cases). . . . . . . . . . . . 60
80 Amendment of s 129 (Applications to continue trading in certain
circumstances) ............................... 60
81 Amendment of s 131A (Decision by chief executive on application to
continue trading in certain circumstances) .............. 61
82 Amendment of s 132 (Discharge of licensee or permittee from
obligations) .................................... 61
83 Amendment of s 133 (Request to surrender). . . . . . . . . . . . . . . . . . . . . . . . . 61
84 Insertion of new ss 134A-134C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
134A Ground for taking relevant action relating to adult entertainment
permit .................................... 62
134B Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
134C Decision about relevant action relating to adult entertainment
permit ...................................... 62
85 Replacement of ss 136 and 137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Subdivision 3--Disciplinary action relating to licences
136 Grounds for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
137 Procedure for taking disciplinary action in relation to licence . . . . . 64
137A Decision about disciplinary action. . . . . . . . . . . . . . . . . . . . . . . . . . . 65
137B Notice to be given about chief executive's decision . . . . . . . . . . . . . 66
137C Urgent suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
137D Amount payable as a debt due to the State . . . . . . . . . . . . . . . . . . . . 68
Subdivision 4--Effect of suspension of licence or permit and other matter'.
86 Amendment of s 143 (Particulars to be displayed on premises) . . . . . . . . . . 68
87 Amendment of s 147 (Consumption or removal contrary to licence or
permit) ........................................ 69
88 Amendment of s 148 (Gratuitous supply of liquor) . . . . . . . . . . . . . . . . . . . 69
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Liquor Amendment Bill 2001
89 Amendment of s 150 (Notification of change in controlling interest in
licensee) ....................................... 69
90 Amendment of s 152 (Prohibition on other use of premises) . . . . . . . . . . . . 70
91 Amendment of s 154 (Alteration and maintenance of licensed
premises) ...................................... 70
92 Insertion of new ss 154A and 154B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
154A Relocation of detached bottle shops . . . . . . . . . . . . . . . . . . . . . . . . . 71
154B Transfer of certain premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
93 Amendment of s 155 (Minors on premises) . . . . . . . . . . . . . . . . . . . . . . . . . 72
94 Amendment of s 155AA (Minors must not be in approved area when
adult entertainment being provided) .................... 72
95 Amendment of s 162 (Taking liquor onto or away from premises subject
to on-premises licence) ........................... 73
96 Amendment of s 187 (Abatement of nuisance or dangerous
activity) ........................................ 73
97 Omission of ss 193-196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
98 Insertion of new s 221 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
221 Expiry of pt 9, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
99 Amendment of s 226 (Contravention of conditions of licences
etc.) ........................................... 74
100 Insertion of new s 232 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
232 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . 75
101 Amendment of s 235 (Regulations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
102 Amendment of s 238 (Completion of proceedings in the Court) . . . . . . . . . 75
103 Amendment of s 238A (Disposal of applications for removal) . . . . . . . . . . 75
104 Amendment of s 239 (Termination of Court) . . . . . . . . . . . . . . . . . . . . . . . . 75
105 Amendment of s 241 (Disposal of applications made to
Commission) .................................. 76
106 Insertion of new pt 12, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 3--Transitional provisions for Liquor Amendment Act 2001
259 Transitional provision for Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . 76
260 Transitional provision for certain general licences . . . . . . . . . . . . . . 76
261 Transitional provision for applications under pt 5 . . . . . . . . . . . . . . . 77
262 Transitional provision for temporary authority . . . . . . . . . . . . . . . . . 77
263 Continuation of notices under s 187 . . . . . . . . . . . . . . . . . . . . . . . . . 77
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Liquor Amendment Bill 2001
264 Effect of s 85(1C) in relation to club licences . . . . . . . . . . . . . . . . . . 78
265 Review of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
107 Amendment to omit headings following cross references . . . . . . . . . . . . . . 78
108 Amendment of schedule (Rules of clubs) . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 80
CONSEQUENTIAL AND MINOR AMENDMENTS
2001
A BILL
FOR
An Act to amend the Liquor Act 1992
s1 10 s4
Liquor Amendment Bill 2001
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Liquor Amendment Act 2001. 3
2 Commencement
Clause 4
This Act commences on a day to be fixed by proclamation. 5
3 Act amended
Clause 6
This Act amends the Liquor Act 1992. 7
4 Insertion of new s 3A
Clause 8
After section 3-- 9
insert-- 10
`3A Principle underlying this Act for facilitating and regulating the 11
liquor industry 12
`(1) The underlying principle of this Act in relation to the sale and 13
supply of liquor is-- 14
(a) a person may obtain a licence to sell or supply liquor as part of 15
conducting a business on premises; and 16
(b) liquor may only be sold or supplied on the licensed premises as 17
part of the person conducting a business, on the licensed 18
premises, that is the primary purpose under the licence. 19
`(2) This Act states the primary purpose of a business that may be 20
conducted under each type of licence. 21
`(3) This Act must be administered in accordance with the underlying 22
principle of this Act. 23
`(4) In interpreting this Act, a construction promoting the underlying 24
principle is to be preferred to a construction that would not promote it.'. 25
s5 11 s5
Liquor Amendment Bill 2001
5 Amendment of s 4 (Definitions)
Clause 1
(1) Section 4, definitions "executive officer" and "unlicensed person"-- 2
omit. 3
(2) Section 4-- 4
insert-- 5
` "detached bottle shop" means premises approved by the chief executive 6
as mentioned in section 59(1)(d), even if the premises are 7
subsequently relocated under section 154A or transferred under 8
section 154B. 9
"disciplinary action", relating to a licence, means-- 10
(a) cancelling the licence; or 11
(b) suspending the licence-- 12
(i) for a stated period; or 13
(ii) until further ordered by the chief executive up to a 14
maximum period of 1 year; or 15
(c) closing the licensed premises, or part of the licensed premises, 16
for a stated period; or 17
(d) varying the licence by-- 18
(i) stating in the licence a condition to which it is to be subject; 19
or 20
(ii) otherwise limiting the authority conferred by the licence; or 21
(e) reducing the times at which the licensee may conduct business 22
under authority of the licence; or 23
(f) disqualifying the licensee from holding a licence or permit-- 24
(i) for a stated period; or 25
(ii) until further ordered by the chief executive up to a 26
maximum period of 5 years; or 27
(g) requiring the licensee to pay to the department an amount of not 28
more than $10 000;1 or 29
1 The department may require the licensee to pay the department an amount of not
more than $10 000 for each ground for which disciplinary action is taken--see
part 5, division 3, subdivision 3 (Disciplinary action relating to licences).
s5 12 s5
Liquor Amendment Bill 2001
(h) reprimanding the licensee. 1
"entertainment", for an on-premises (cabaret) licence, see section 4AA. 2
"executive officer", of a corporation, in sections 4C and 107B, means a 3
person who is concerned with, or takes part in, the corporation's 4
management, whether or not the person is a director or the person's 5
position is given the name of executive officer. 6
"interested person", in section 43 and part 5, division 3, subdivision 3, 7
means a person who-- 8
(a) is an owner, lessee or mortgagee of licensed premises or a 9
secured creditor of a licensee whose interest is likely to be 10
affected by cancellation of the licence for the premises; and 11
(b) has, under section 44A(2), given the chief executive particulars 12
of the person's interest in the licence. 13
"on-premises (cabaret) licence" means an on-premises licence for 14
conducting a business with the primary purpose stated in 15
section 71A(1). 16
"on-premises (function) licence" means an on-premises licence for 17
conducting a business with the primary purpose stated in 18
section 70A(1). 19
"on-premises (meals) licence" means an on-premises licence for 20
conducting a business with the primary purpose stated in 21
section 73(1). 22
"on-premises (other activity) licence" means an on-premises licence for 23
conducting a business with the primary purpose stated in 24
section 80(1). 25
"on-premises (presentations) licence" means an on-premises licence for 26
conducting a business with the primary purpose stated in 27
section 75A(1). 28
"on-premises (tourist) licence" means an on-premises licence for 29
conducting a business with the primary purpose stated in 30
section 78(1). 31
"on-premises (transport) licence" means an on-premises licence for 32
conducting a business with the primary purpose stated in 33
section 74A(1). 34
"ordinarily set aside for dining", for a part of licensed premises, means 35
the part of the licensed premises that is set aside as the regular or usual 36
s5 13 s5
Liquor Amendment Bill 2001
place for dining on the licensed premises, but does not include a part 1
of the licensed premises set aside merely for a particular day. 2
"private event" see section 102D. 3
"provisional licence" means a licence issued under section 123(2). 4
"public event" see section 102D. 5
"register" means the register kept under section 43. 6
"relevant action", relating to an adult entertainment permit, means-- 7
(a) cancel the permit; or 8
(b) suspend the permit for a stated period; or 9
(c) impose conditions on, or vary conditions of, the permit. 10
"staged development approval" see section 123A(2). 11
"unlicensed person" means a person who is not the holder of-- 12
(a) a licence under this Act; or 13
(b) a licence under the Wine Industry Act 1994; or 14
(c) an approval, however described, under a law of the 15
Commonwealth or a State that allows the approval holder to sell 16
liquor.'. 17
(3) Section 4, definition "cabaret", paragraph (a), from `providing on the 18
premises' to `the entertainment'-- 19
omit, insert-- 20
`providing entertainment on premises'. 21
(4) Section 4, definition "interest in a brothel", `section 6'-- 22
omit, insert-- 23
`section 7'. 24
(5) Section 4, definition "secretary", `of a club'-- 25
omit, insert-- 26
`, of a club,'. 27
s6 14 s8
Liquor Amendment Bill 2001
6 Insertion of new s 4AA
Clause 1
After section 4-- 2
insert-- 3
`4AA Meaning of "entertainment" 4
`(1) "Entertainment", for an on-premises (cabaret) licence, means 5
entertainment provided by a person-- 6
(a) who is physically present when providing the entertainment; and 7
(b) whose function is to present the entertainment. 8
`(2) However, "entertainment", for an on-premises (cabaret) licence, 9
does not include entertainment using facilities that do not require a person 10
present to provide the entertainment. 11
12
Examples of facilities that do not require a person to be present--
13
1. Pool tables
14
2. Jukeboxes.'.
7 Amendment of s 6 (Acceptable evidence of age)
Clause 15
(1) Section 6(a)(iii), `and'-- 16
omit, insert-- 17
`or'. 18
(2) Section 6(a)-- 19
insert-- 20
`(iv) another form of identification approved in writing by the chief 21
executive; and'. 22
8 Amendment of s 7 (Presumed quantity of liquor)
Clause 23
(1) Section 7, `740'-- 24
omit, insert-- 25
`700'. 26
(2) Section 7, `370'-- 27
omit, insert-- 28
`345'. 29
s9 15 s 11
Liquor Amendment Bill 2001
(3) Section 7, at the end of paragraph (a)-- 1
insert-- 2
`and'. 3
9 Amendment of s 9 (Ordinary trading hours)
Clause 4
Section 9(3)(a)(i), after `eaten on the premises'-- 5
insert-- 6
`between 10 a.m. and 1 p.m., or the period between 6 a.m. and 1 p.m. 7
that the chief executive approves in a particular case'. 8
10 Insertion of new s 10A
Clause 9
After section 10-- 10
insert-- 11
`10A When meal is taken not to have been prepared and served to be 12
eaten on premises 13
`(1) For this Act, a meal is taken not to have been prepared and served to 14
be eaten on premises if the preparation does not involve adding value to the 15
food comprising the meal. 16
`(2) Without limiting subsection (1), a person does not add value to food 17
comprising a meal by merely heating a product the person purchased. 18
19
Example for subsection (2)--
20
A person does not add value to food if the person heats a prepackaged pie or other
21
item and serves it.
`(3) However, the preparation of a meal is taken to involve adding value 22
to the food comprising the meal if the meal forms part of a menu and the 23
majority of menu items offered and available are meals the preparation of 24
which otherwise involves adding value to the food comprising the meals.'. 25
11 Amendment of s 12 (Exemptions)
Clause 26
Section 12(2)-- 27
omit, insert-- 28
`(2) Also, this Act does not apply to the following-- 29
s 11 16 s 11
Liquor Amendment Bill 2001
(a) a sale in good faith of spirituous or distilled perfume as 1
perfumery; 2
(b) a sale of spirituous cooking essence, other than for use as a 3
beverage or for manufacturing a beverage, if-- 4
(i) the essence is sold in a container containing not more 5
than-- 6
(A) if the essence is vanilla essence--100 mL; or 7
(B) in any other case--50 mL; or 8
(ii) the sale is by wholesale; 9
(c) a sale of liquor in a refreshment room of Parliament House by 10
permission and under control of the Parliament; 11
(d) a sale of liquor in the lawful operation of an Australian Defence 12
Force canteen; 13
(e) a sale in good faith of spirits or wine by a pharmacist within the 14
meaning of the Pharmacy Act 1976, section 5 as medicine or for 15
medicinal or chemical purposes; 16
(f) a sale at auction conducted by a licensed auctioneer-- 17
(i) of liquor for a person who is authorised by this Act to sell 18
the liquor; or 19
(ii) by order of a trustee under the Bankruptcy Act 1966 20
(Cwlth), of liquor held by the trustee as trustee under that 21
Act; or 22
(iii) by order of the executor, administrator or trustee of the 23
estate of a deceased person, of liquor that is the property of 24
the deceased's estate; or 25
(iv) by order of the public trustee, of liquor that is the property 26
of an estate in the course of administration by the public 27
trustee; 28
(g) a sale, during actual flight of an aircraft, of liquor to a passenger 29
on the aircraft made for the aircraft's operator and for 30
consumption during the flight; 31
(h) a sale of liquor by a provider of bed and breakfast 32
accommodation or host farm accommodation to a guest of the 33
provider for consumption on the premises at which the 34
accommodation is provided. 35
s 12 17 s 12
Liquor Amendment Bill 2001
`(3) Also, this Act does not apply to carrying or exposing liquor for sale 1
in an aircraft, as permitted by subsection (2)(g). 2
`(4) In this section-- 3
"aircraft" means an aircraft that is not licensed premises. 4
"bed and breakfast accommodation" means accommodation that-- 5
(a) includes the provision of accommodation and breakfast for 6
guests; and 7
(b) is conducted on premises (other than a caravan, caretaker's or 9 8
manager's residence, flat, home unit, hostel, hotel, lodging
house, motel or relocatable home) by a person who lives on the 10
premises; and 11
(c) caters for a maximum of 6 guests at the same time; and 12
(d) may be provided for a guest for a maximum continuous period of 13
14 days. 14
"host farm accommodation" means accommodation that-- 15
(a) includes the provision of accommodation and meals, or food for 16
preparing meals, for guests; and 17
(b) is conducted on a farm involved in primary production by a 18
person who manages, and lives on, the farm; and 19
(c) caters for a maximum of 6 guests at the same time; and 20
(d) may be provided for a guest for a maximum continuous period of 21
30 days.'. 22
12 Insertion of new ss 20A and 20B
Clause 23
Part 2, division 1-- 24
insert-- 25
`20A Protection of members 26
`A member of the Tribunal has, in the performance of the member's 27
duties as a member of the Tribunal, the same protection and immunity as a 28
District Court judge has in the performance of the judge's duties. 29
s 13 18 s 14
Liquor Amendment Bill 2001
`20B Annual report 1
`As soon as practicable each year, but not later than 31 August, the 2
chairperson of the Tribunal must give the Minister a written report 3
containing a review of the operation of the Tribunal during the 12 months 4
ending on the preceding 30 June.'. 5
13 Amendment of s 21 (Jurisdiction and powers of Tribunal)
Clause 6
(1) Section 21(1)(c)-- 7
omit, insert-- 8
`(c) the taking of disciplinary action relating to, or the urgent 9
suspension of, a licence, the cancellation or suspension of a 10
permit or the imposition or variation of the conditions of a 11
permit; or 12
(ca) the surrender of a licence or permit; or'. 13
(2) Section 21(1), after `other appeals'-- 14
omit, insert-- 15
`or applications'. 16
14 Amendment of s 22 (Constitution of Tribunal)
Clause 17
Section 22-- 18
insert-- 19
`(2) However, for a minor appeal, the Tribunal may be constituted by a 20
single member who is qualified as mentioned in section 15.2 21
`(3) In this section-- 22
"minor appeal" means an appeal against a decision of the chief executive 23
other than the following-- 24
(a) a decision on an application for a new licence under this Act or 25
the Wine Industry Act 1994; 26
(b) a decision on an application for an extended hours permit, or 27
variation of an extended hours permit, that would extend trading 28
hours on a regular basis; 29
2 Section 15 (Qualification for appointment)
s 15 19 s 16
Liquor Amendment Bill 2001
(c) a decision on an application for, or for relocation or transfer of, a 1
detached bottle shop; 2
(d) a decision on an application for, or the cancellation, suspension 3
or imposition or variation of conditions on, an adult 4
entertainment permit; 5
(e) a decision under section 137A(1) or (4)3 to take disciplinary 6
action relating to a licence; 7
(f) a decision on a variation of a licence.'. 8
15 Replacement of s 23 (Way of exercising jurisdiction)
Clause 9
Section 23-- 10
omit, insert-- 11
`23 Way of exercising jurisdiction 12
`The Tribunal's jurisdiction is exercised in a proceeding by-- 13
(a) for a minor appeal for which the Tribunal is constituted by a 14
single member--the member constituting the Tribunal in the 15
proceeding; or 16
(b) otherwise--the unanimous or majority decision of the Tribunal's 17
members constituting the Tribunal in the proceeding.'. 18
16 Amendment of s 26 (Powers of Tribunal in proceedings)
Clause 19
Section 26(2)-- 20
omit, insert-- 21
`(2) The member, or any of the members, constituting the Tribunal in a 22
proceeding, and any person authorised by the member, or any of the 23
members, to do so, may administer an oath to a person appearing as a 24
witness in the proceeding.'. 25
3 Section 137A (Decision about disciplinary action)
s 17 20 s 17
Liquor Amendment Bill 2001
17 Insertion of new s 26A
Clause 1
After section 26-- 2
insert-- 3
`26A Directions 4
`(1) The Tribunal may hold a conference for considering, or giving 5
directions at or after the conference about, any matter or proceeding within 6
its jurisdiction. 7
`(2) Without limiting subsection (1), the Tribunal may consider or give 8
directions about the following as it considers appropriate-- 9
(a) the conduct of the matter or proceeding; 10
11
Example for paragraph (a)--
12
The Tribunal may direct, in the case of conflicting experts' reports, that the
13
experts prepare a joint report identifying the points of agreement and
14
highlighting the points of disagreement.
(b) requiring parties to make discovery or allow inspection of 15
evidentiary material; 16
(c) requiring parties to file pleadings; 17
(d) giving a party leave to be represented by a lawyer; 18
(e) striking out the matter or proceeding on the ground that it is 19
frivolous or vexatious; 20
(f) staying a decision of the chief executive. 21
`(3) A conference may be held and directions given-- 22
(a) on the application of a participant or on the Tribunal's own 23
initiative; and 24
(b) before a matter or proceeding starts or at any time during the 25
matter or proceeding; and 26
(c) by telephone, video link or another form of communication that 27
allows reasonably contemporaneous and continuous 28
communication. 29
`(4) A direction given by the Tribunal under this section may be in the 30
form of an order of the Tribunal.'. 31
s 18 21 s 18
Liquor Amendment Bill 2001
18 Replacement of ss 30 and 31
Clause 1
Sections 30 and 31-- 2
omit, insert-- 3
`30 Persons entitled to appeal 4
`An appeal against a decision of the chief executive may be made only 5
by a person-- 6
(a) who-- 7
(i) made an application, submission or objection in the 8
proceeding in which the decision was made; or 9
(ii) if the decision is to take disciplinary action relating to, or 10
the urgent suspension of, a licence, to cancel or suspend a 11
permit or to impose or vary the conditions of a permit--the 12
licensee or permittee; and 13
(b) who is aggrieved by the decision. 14
`31 Start of appeal 15
`(1) A person who wishes to appeal against a decision of the chief 16
executive must start the appeal under this section. 17
`(2) An appeal is started by filing a notice of appeal with the registrar of 18
the Tribunal. 19
`(3) The notice of appeal must be filed with the registrar within 28 days 20
after the day on which the person received written notice of the chief 21
executive's decision. 22
`(4) The registrar must give a copy of the notice of appeal to the chief 23
executive within 3 days of receiving the notice. 24
`(5) Subsection (6) applies if the chief executive fails to notify an 25
applicant of the grant or refusal of an application within 30 days after the 26
end of the time within which all steps required or permitted by this Act to 27
be taken relating to the application must be taken. 28
`(6) For the purposes of an appeal, the chief executive is taken to have 29
given to the applicant notice of a decision to refuse the application at the 30
end of the period of 30 days.'. 31
s 19 22 s 20
Liquor Amendment Bill 2001
19 Amendment of s 34 (Arranging the hearing of appeal)
Clause 1
(1) Section 34(1)-- 2
omit, insert-- 3
`(1) An appeal to the Tribunal against a decision of the chief executive is 4
by a rehearing on the evidence that was before the chief executive.'. 5
(2) Section 34(2), `28 days'-- 6
omit, insert-- 7
`2 months'. 8
20 Insertion of new s 35A
Clause 9
After section 35-- 10
insert-- 11
`35A Tribunal may give leave for appeal to be based on new evidence 12
and related matters 13
`(1) This section applies despite section 34(1). 14
`(2) The Tribunal may grant a participant in a proceeding for an appeal 15
against a decision of the chief executive leave to adduce fresh, additional or 16
substituted evidence ("new evidence") if the Tribunal is satisfied-- 17
(a) the person seeking to adduce the new evidence did not know, or 18
could not reasonably be expected to have known, of the existence 19
of the new evidence on or before the day of the chief executive's 20
decision; or 21
(b) in the special circumstances of the case, it would be unfair not to 22
allow the person to adduce the new evidence. 23
`(3) If the Tribunal gives leave under subsection (2), the Tribunal may-- 24
(a) adjourn the proceeding to allow the chief executive to reconsider 25
the decision appealed against together with the new evidence; or 26
(b) if the Tribunal considers it appropriate for the applicant to make a 27
new application--require the applicant to make a new 28
application to the chief executive; or 29
(c) continue with the appeal by way of rehearing on the evidence 30
that was before the original decision-maker and on the new 31
evidence. 32
s 21 23 s 22
Liquor Amendment Bill 2001
`(4) Despite subsection (3), if the chief executive applies for an 1
adjournment to allow the chief executive to reconsider the decision 2
appealed against together with the new evidence, the Tribunal must adjourn 3
the proceeding for a stated reasonable time. 4
`(5) In deciding if it is appropriate for the applicant to make a new 5
application, the Tribunal must consider whether-- 6
(a) the new evidence substantially changes the application the 7
subject of the appeal; or 8
(b) additional people may be affected by the application and the 9
additional people should have an opportunity to comment on or 10
object to the application.'. 11
21 Amendment of s 38 (Costs on appeal)
Clause 12
(1) Section 38(1), `subsection (2)'-- 13
omit, insert-- 14
`subsections (2) and (2A)'. 15
(2) Section 38-- 16
insert-- 17
`(2A) Also, if the Tribunal directs an expert to prepare a report in 18
relation to a proceeding within its jurisdiction, the Tribunal may make the 19
order it considers appropriate in relation to the costs for the preparation of 20
the report.'. 21
22 Replacement of s 39 (Summary decision on appeal)
Clause 22
Section 39-- 23
omit, insert-- 24
`39 Appeal without hearing 25
`(1) This section applies if-- 26
(a) an appellant asks the Tribunal to deal with an appeal without 27
holding a hearing; and 28
(b) the other parties to the appeal consent. 29
`(2) The Tribunal may proceed to deal with the appeal, or part of the 30
appeal, without holding a hearing.'. 31
s 23 24 s 23
Liquor Amendment Bill 2001
23 Insertion of new s 41A
Clause 1
Part 2, after section 41-- 2
insert-- 3
`41A Tribunal to keep record of its decisions 4
`(1) The Tribunal must keep, in the way it considers appropriate, a 5
record of its written decisions. 6
`(2) Subject to an order under subsection (3) or (4), the record is 7
available for inspection by members of the public. 8
`(3) If, at the time of a proceeding, a participant in the proceeding 9
applies to the Tribunal to suppress sensitive information about a person, the 10
Tribunal may order that the information is not to form part of the record 11
available under subsection (2). 12
`(4) If, after a proceeding, a person who was a participant in the 13
proceeding applies to the Tribunal for an order to suppress sensitive 14
information about the person, the Tribunal may order that the information 15
is not to form part of the record available under subsection (2) from a day 16
stated in the order. 17
`(5) However, the Tribunal must-- 18
(a) before making an order under subsection (4)--ask the chief 19
executive to provide information about the extent of any existing 20
publication of the sensitive information under section 47A4 and 21
the period reasonably needed for the removal of the sensitive 22
information from the information under the control of the chief 23
executive; and 24
(b) in making the order--have regard to the extent of any publication 25
under section 47A and the period for removal stated by the chief 26
executive. 27
`(6) In this section-- 28
"sensitive information", about a person, means information about the 29
person's reputation, history of behaviour or attitude to the 30
management and discharge of the person's financial obligations.'. 31
4 Section 47A (Publication of information on internet etc.)
s 24 25 s 25
Liquor Amendment Bill 2001
24 Amendment of s 42 (Power of delegation)
Clause 1
(1) Section 42(1) and (2), from `to an officer'-- 2
omit, insert-- 3
`to an appropriately qualified public service employee, police officer or 4
person employed by a local government.'. 5
(2) Section 42(2), `An officer'-- 6
omit, insert-- 7
`A person'. 8
(3) Section 42-- 9
insert-- 10
`(3) In this section-- 11
"appropriately qualified" includes having the qualifications, experience 12
or standing appropriate to exercise the power. 13
14
Example of `standing'--
15
For a public service employee, the employee's position in a department.'.
25 Replacement of s 43 (Register of licences and permits)
Clause 16
Section 43-- 17
omit, insert-- 18
`43 Register of licences, permits and applications to be kept 19
`(1) The chief executive must keep a register of licences, permits and 20
applications, in a form or forms the chief executive considers appropriate. 21
`(2) The register is to contain the following-- 22
(a) particulars of licences and permits; 23
(b) particulars of licensees, permittees, nominees of licensees or 24
permittees and interested persons; 25
(c) addresses of licensed premises or places to which permits relate; 26
(d) trading hours that apply to licences or permits; 27
(e) particulars of applications required under section 118(1) to be 28
advertised that have not been decided. 29
s 26 26 s 27
Liquor Amendment Bill 2001
`(3) However, the chief executive must ensure the register does not 1
include any of the following-- 2
(a) sensitive information about a person; 3
(b) information the chief executive reasonably considers is 4
commercially sensitive; 5
(c) particulars given to the chief executive under section 45.5 6
`(4) For subsection (3)(b), a person may ask the chief executive to 7
consider a written submission by the person about whether information is 8
commercially sensitive. 9
`(5) In this section-- 10
"sensitive information", about a person, see section 41A(6).'. 11
26 Amendment of s 45 (Court officials to furnish particulars for
Clause 12
Register) 13
Section 45, heading, `for Register'-- 14
omit. 15
27 Insertion of new s 47A
Clause 16
After section 47-- 17
insert-- 18
`47A Publication of information on internet etc. 19
`The chief executive may publish the following information in a way the 20
chief executive considers appropriate, including, for example, by means of 21
the internet or through some other telecommunication medium-- 22
(a) all or part of the register; 23
(b) under an arrangement with the Tribunal, decisions, or parts of 24
decisions, of the Tribunal that are available for inspection by 25
members of the public as mentioned in section 41A.6'. 26
5 Section 45 (Court officials to furnish particulars)
6 Section 41A (Tribunal to keep record of its decisions)
s 28 27 s 30
Liquor Amendment Bill 2001
28 Amendment of s 48 (Preservation of confidentiality)
Clause 1
(1) Section 48(2)(b)-- 2
renumber as section 48(2)(e). 3
(2) Section 48(2)-- 4
insert-- 5
`(b) disclosing information in the register; or 6
(c) disclosing information about the status of an application required 7
to be advertised under section 118(1); or 8
(d) disclosing information about the status of an appeal started in the 9
Tribunal and the names of the parties to the appeal; or'. 10
29 Amendment of s 58 (Available licences)
Clause 11
Section 58(2)-- 12
omit, insert-- 13
`(2) Only 1 licence may be granted or held for premises, or part of 14
premises, but a licence may be granted or held for the premises or part even 15
though there is a licence under the Wine Industry Act 1994 for the premises 16
or part. 17
`(3) However, if a licence is granted or held for premises, or part of 18
premises, under this Act and the Wine Industry Act 1994-- 19
(a) the licensee under both Acts must be the same person; and 20
(b) the nominee under this Act must be a nominee for the licence 21
under the Wine Industry Act 1994; and 22
(c) liquor may be sold under the licence under this Act only for the 23
trading hours authorised under the licence.'. 24
30 Insertion of new s 58A
Clause 25
Part 4, division 2, before section 59-- 26
insert-- 27
s 31 28 s 32
Liquor Amendment Bill 2001
`58A Primary purpose of a business conducted under a general 1
licence 2
`(1) The primary purpose of a business conducted under a general 3
licence is the sale of liquor for consumption on the premises, or on and off 4
the premises, together with the provision of meals and accommodation as 5
required under the licence. 6
`(2) The authority under a general licence to sell or supply liquor does 7
not apply unless a business is conducted on the licensed premises with a 8
primary purpose as mentioned in subsection (1). 9
`(3) To remove doubt, it is declared that it is inconsistent with the 10
primary purpose of a business conducted under a general licence to only 11
sell liquor for consumption off the premises.'. 12
31 Replacement of s 60 (Restriction on grant of general licence)
Clause 13
Section 60-- 14
omit, insert-- 15
`60 Restriction on grant of general licence 16
`(1) The chief executive may grant a general licence only if the chief 17
executive is satisfied the business to be conducted under the licence on the 18
licensed premises will have a primary purpose as mentioned in 19
section 58A(1). 20
`(2) The chief executive must not grant a general licence to a person for 21
premises the chief executive reasonably considers are, or are to be, used 22
primarily as a supermarket.'. 23
32 Insertion of new s 61A
Clause 24
Part 4, division 3, before section 62-- 25
insert-- 26
`61A Primary purpose of a business under a residential licence 27
`(1) The primary purpose of a business conducted under a residential 28
licence is the provision of accommodation. 29
`(2) The authority under a residential licence to sell or supply liquor does 30
not apply unless a business is conducted on the licensed premises with the 31
primary purpose as mentioned in subsection (1).'. 32
s 33 29 s 33
Liquor Amendment Bill 2001
33 Amendment of s 62 (Authority of residential licence)
Clause 1
(1) Section 62(1)(b)-- 2
omit, insert-- 3
`(b) during ordinary trading hours or those hours extended by an 4
extended hours permit, to any person, including a person not 5
eating a meal, as if the residential licence were an on-premises 6
(meals) licence relating to a part of the premises stated in the 7
residential licence as ordinarily set aside for dining; and'. 8
(2) Section 62(1)(d)-- 9
omit. 10
(3) Section 62(2) and (3)-- 11
renumber as section 62(3) and (6). 12
(4) Section 62-- 13
insert-- 14
`(2) Despite subsection (1)(b), a residential licence does not authorise 15
the licensee to sell liquor, from the part of the premises stated in the 16
residential licence as ordinarily set aside for dining, for consumption off 17
the premises.'. 18
(5) Section 62-- 19
insert-- 20
`(4) The authority conferred by a residential licence to sell liquor for 21
consumption off the licensed premises to a person other than a resident on 22
the licensed premises is restricted to the sale of liquor-- 23
(a) as ancillary to a function that-- 24
(i) happens at a place at which the liquor is consumed; and 25
(ii) includes the licensee providing food for the function of 26
sufficient substance as to be ordinarily accepted as a meal 27
for consumption by persons genuinely attending the 28
function, even though the food may be eaten while standing 29
and without cutlery; and 30
(b) for consumption by persons genuinely attending the function. 31
`(5) In deciding whether the holder of, or an applicant for, a residential 32
licence sells or proposes to sell liquor under the licence as if the licence 33
were an on-premises (meals) licence, the chief executive must consider the 34
s 34 30 s 36
Liquor Amendment Bill 2001
indicators mentioned in section 73(3)7 together with any other relevant 1
matters.'. 2
(6) Section 62(6), as renumbered, `(2)'-- 3
omit, insert-- 4
`(3)'. 5
34 Amendment of s 63 (Restriction on grant of residential licence)
Clause 6
Section 63(c)-- 7
omit. 8
35 Replacement of s 64 (Consumption of liquor on premises by
Clause 9
residents and guests) 10
Section 64-- 11
omit, insert-- 12
`64 Consumption of liquor on premises by residents and guests 13
`(1) Liquor supplied under authority of a residential licence to a resident 14
or guest on the licensed premises, for consumption on the premises outside 15
ordinary trading hours, must be consumed in-- 16
(a) a residential unit on the licensed premises; or 17
(b) a part of the licensed premises approved for the time being by the 18
chief executive for the purpose. 19
`(2) In this section-- 20
"guest" means a guest of a resident in the resident's company. 21
"ordinary trading hours", for a residential licence, includes ordinary 22
trading hours extended by an extended hours permit for the residential 23
licence.'. 24
36 Replacement of s 65 (Consumption of liquor with meals or when
Clause 25
meals are being served) 26
Section 65-- 27
7 Section 73 (Primary purpose of a business under an on-premises (meals) licence)
s 37 31 s 38
Liquor Amendment Bill 2001
omit, insert-- 1
`65 Consumption of liquor in dining area 2
`Liquor supplied under authority of a residential licence to a person as if 3
the licence were an on-premises (meals) licence must be consumed in a 4
part of the licensed premises stated in the residential licence as ordinarily 5
set aside for dining.'. 6
37 Amendment of s 67 (Restriction on sale of liquor for consumption
Clause 7
off premises) 8
Section 67(2) and (3)-- 9
omit. 10
38 Amendment of s 70 (Restriction on sale of liquor for consumption
Clause 11
off premises) 12
Section 70(2)-- 13
omit, insert-- 14
`(2) The authority conferred by an on-premises licence to sell liquor for 15
consumption off the licensed premises is restricted to the sale of liquor-- 16
(a) as ancillary to a function that-- 17
(i) happens at a place at which the liquor is consumed; and 18
(ii) includes the licensee providing food for the function of 19
sufficient substance as to be ordinarily accepted as a meal 20
for consumption by persons genuinely attending the 21
function, even though the food may be eaten while standing 22
and without cutlery; and 23
(b) for consumption by persons genuinely attending the function. 24
`(3) However, the authority conferred by an on-premises (other activity) 25
licence to sell liquor for consumption off the licensed premises is restricted 26
to the sale of liquor for a function relating to the activity as stated in the 27
licence by the chief executive. 28
`(4) Subsections (1) and (2) do not apply to an on-premises (meals) 29
licence in relation to a sale or supply of liquor under section 73A(b).'. 30
s 39 32 s 40
Liquor Amendment Bill 2001
39 Insertion of new s 70A
Clause 1
Part 4, division 4, subdivision 2, before section 71-- 2
insert-- 3
`70A Primary purpose of an on-premises (function) licence 4
`(1) The primary purpose of a business conducted under an on-premises 5
(function) licence is the provision of premises and catering facilities for use 6
by persons genuinely attending a function held on the licensed premises. 7
`(2) The authority under an on-premises (function) licence to sell or 8
supply liquor does not apply unless a business is conducted on the licensed 9
premises with the primary purpose as mentioned in subsection (1).'. 10
40 Insertion of new s 71A
Clause 11
Part 4, division 4, subdivision 3, before section 72-- 12
insert-- 13
`71A Primary purpose of a business under an on-premises (cabaret) 14
licence 15
`(1) The primary purpose of a business under an on-premises (cabaret) 16
licence is-- 17
(a) for the ordinary trading hours for the sale of liquor as mentioned 18
in section 9(10)(b)--the provision of entertainment; and 19
(b) if the chief executive so states in the licence--the provision of 20
meals prepared and served to be eaten on the licensed premises 21
for the ordinary trading hours for the sale of liquor as mentioned 22
in section 9(10)(a). 23
`(2) The authority under an on-premises (cabaret) licence to sell or 24
supply liquor does not apply unless a business is conducted on the licensed 25
premises with a primary purpose as mentioned in subsection (1). 26
`(3) In deciding whether the holder of, or an applicant for, an 27
on-premises (cabaret) licence conducts or will conduct a business that 28
complies or will comply with subsection (1)(b), the chief executive must 29
consider the indicators mentioned in section 73(3) together with any other 30
relevant matters.'. 31
s 41 33 s 42
Liquor Amendment Bill 2001
41 Replacement of s 72A (Restriction on sale and supply of liquor at
Clause 1
cabarets) 2
Section 72A-- 3
omit, insert-- 4
`72A Authority to sell and supply liquor when primary purpose 5
includes provision of meals 6
`If the primary purpose of an on-premises (cabaret) licence includes the 7
provision of meals as mentioned in section 71A(1)(b), the authority of the 8
licence to sell or supply liquor during the ordinary trading hours mentioned 9
in section 9(10)(a) extends to the sale or supply of liquor to a person on the 10
premises other than in association with the person eating a meal. 11
`72B Extension of authority to sell or supply liquor under on-premises 12
(cabaret) licence 13
`The chief executive may state in an on-premises (cabaret) licence that 14
the licensee may, subject to the conditions the chief executive states in the 15
licence, sell and supply liquor to or for persons genuinely attending a 16
function held on the licensed premises.'. 17
42 Replacement of s 73 (Restriction on sale of liquor under
Clause 18
on-premises licence) 19
Section 73-- 20
omit, insert-- 21
`73 Primary purpose of a business under an on-premises (meals) 22
licence 23
`(1) The primary purpose of a business conducted under an on-premises 24
(meals) licence is the provision of meals prepared and served to be eaten on 25
the licensed premises. 26
`(2) The authority under an on-premises (meals) licence to sell or supply 27
liquor does not apply unless a business is conducted on the licensed 28
premises with the primary purpose as mentioned in subsection (1). 29
`(3) In deciding whether the holder of, or an applicant for, an 30
on-premises (meals) licence conducts or will conduct a business that 31
complies or will comply with subsection (1), the following are indicators 32
that must be considered-- 33
s 43 34 s 43
Liquor Amendment Bill 2001
(a) the existing or proposed seating and standing arrangements; 1
(b) the existing or proposed number of staff for preparing and 2
serving meals; 3
(c) the existing or proposed kitchen arrangements, including, for 4
example, the hours of operation of the kitchen; 5
(d) for an existing business, a comparison of the number of meals 6
consumed and the amount of liquor sold. 7
`(4) Subsection (3) does not limit the matters that may be considered 8
when deciding if a business complies or will comply with subsection (1). 9
`73A Restriction on sale of liquor under an on-premises (meals) 10
licence 11
`The authority of an on-premises (meals) licence is restricted to the 12
following-- 13
(a) the sale and supply of liquor for consumption on the licensed 14
premises-- 15
(i) in association with a consumer eating a meal on the 16
premises; and 17
(ii) to persons on the premises other than in association with the 18
persons eating meals; 19
(b) the sale and supply of 1 opened and 1 unopened bottle of wine 20
for consumption off the premises to each adult consumer eating a 21
meal. 22
`73B Extension of authority to sell or supply liquor under on-premises 23
(meals) licence 24
`The chief executive may state in an on-premises (meals) licence that the 25
licensee may, subject to the conditions the chief executive states in the 26
licence, sell and supply liquor to or for persons genuinely attending a 27
function held on the licensed premises.'. 28
43 Replacement of s 74 (Display of menu, liquor list and authority to
Clause 29
sell liquor) 30
Section 74-- 31
s 44 35 s 45
Liquor Amendment Bill 2001
omit, insert-- 1
`74 Display of menu and liquor list 2
`The holder of an on-premises (meals) licence must display details of the 3
menu and the liquor list available to consumers on the premises so the 4
details and list are-- 5
(a) in a conspicuous place on the premises to which the licence 6
relates; and 7
(b) clearly visible from outside the premises. 8
Maximum penalty--25 penalty units.'. 9
44 Insertion of new s 74A
Clause 10
Part 4, division 4, subdivision 5, before section 75-- 11
insert-- 12
`74A Primary purpose of a business under an on-premises (transport) 13
licence 14
`(1) The primary purpose of a business conducted under an on-premises 15
(transport) licence is carrying passengers commercially on an aircraft, boat, 16
train or vehicle. 17
`(2) The authority under an on-premises (transport) licence to sell or 18
supply liquor does not apply unless a business is conducted on the licensed 19
premises with the primary purpose as mentioned in subsection (1).'. 20
45 Amendment of s 75 (Restriction on sale of liquor)
Clause 21
(1) Section 75, from `on-premises licence' to `is restricted to'-- 22
omit, insert-- 23
`on-premises (transport) licence that relates to an aircraft, boat, train or 24
vehicle is restricted to the'. 25
(2) Section 75, `the boat, vehicle or aircraft'-- 26
omit, insert-- 27
`the aircraft, boat, train or vehicle'. 28
s 46 36 s 49
Liquor Amendment Bill 2001
46 Insertion of new s 75A
Clause 1
Part 4, division 4, subdivision 6, before section 76-- 2
insert-- 3
`75A Primary purpose of a business under an on-premises 4
(presentations) licence 5
`(1) The primary purpose of a business conducted under an on-premises 6
(presentations) licence is the provision of facilities for sporting, cultural, 7
theatrical or cinematographic presentations. 8
`(2) The authority under an on-premises (presentations) licence to sell or 9
supply liquor does not apply unless a business is conducted on the licensed 10
premises with a primary purpose as mentioned in subsection (1).'. 11
47 Amendment of s 76 (Location of liquor outlets specified in
Clause 12
licence) 13
Section 76(1), from `on-premises licence' to `presentations'-- 14
omit, insert-- 15
`on-premises (presentations) licence'. 16
48 Amendment of s 77 (Number of liquor outlets)
Clause 17
Section 77(1), `on-premises licence'-- 18
omit, insert-- 19
`on-premises (presentations) licence'. 20
49 Replacement of pt 4, div 4, sdivs 7 and 8
Clause 21
Part 4, division 4, subdivisions 7 and 8-- 22
omit, insert-- 23
`Subdivision 7--On-premises (tourist) licences 24
s 49 37 s 49
Liquor Amendment Bill 2001
`78 Primary purpose of a business under an on-premises (tourist) 1
licence 2
`(1) The primary purpose of a business conducted under an on-premises 3
(tourist) licence is the provision of entertainment or visual instruction to 4
tourists on premises developed as a tourist attraction. 5
`(2) The authority under an on-premises (tourist) licence to sell or supply 6
liquor does not apply unless a business is conducted on the licensed 7
premises with a primary purpose as mentioned in subsection (1). 8
`79 Restriction on sale of liquor under on-premises (tourist) 9
licence 10
`(1) The authority under an on-premises (tourist) licence is restricted to 11
the sale of liquor at a liquor outlet stated in the licence for consumption 12
within that liquor outlet. 13
`(2) The chief executive may state in an on-premises (tourist) licence 14
that the licensee may sell and supply liquor to or for persons genuinely 15
attending a function held on the licensed premises only on the conditions 16
the chief executive states in the licence. 17
`Subdivision 8--Other activity 18
`80 Primary purpose of a business under an on-premises (other 19
activity) licence 20
`(1) The primary purpose of a business conducted under an on-premises 21
(other activity) licence is the provision by the licensee of an activity stated 22
in the licence for persons on the licensed premises. 23
`(2) The authority under an on-premises (other activity) licence to sell or 24
supply liquor does not apply unless a business is conducted on the licensed 25
premises with the primary purpose as mentioned in subsection (1). 26
`81 Extension of authority to sell liquor under an on-premises (other 27
activity) licence 28
`The chief executive may state in an on-premises (other activity) licence 29
that the licensee may, subject to the conditions the chief executive states in 30
s 50 38 s 52
Liquor Amendment Bill 2001
the licence, sell liquor to or for persons on the licensed premises genuinely 1
attending a function relating to the activity as stated in the licence.'. 2
50 Insertion of new s 81A
Clause 3
Part 4, division 5, before section 82-- 4
insert-- 5
`81A Primary purpose of business under producer/wholesaler 6
licence 7
`(1) The primary purpose of a business conducted under a producer/ 8
wholesaler licence is either or both of the following-- 9
(a) the production and wholesale sale on the licensed premises of 10
liquor made on the licensed premises; 11
(b) the wholesale sale on the licensed premises of liquor. 12
`(2) The authority under a producer/wholesaler licence to sell or supply 13
liquor does not apply unless a business is conducted on the licensed 14
premises with a primary purpose as mentioned in subsection (1).'. 15
51 Amendment of s 83 (Restriction on grant of producer/wholesaler
Clause 16
licence) 17
Section 83, from `that the primary purpose'-- 18
omit, insert-- 19
`the business to be conducted under the licence on the licensed premises 20
will have a primary purpose as mentioned in section 81A(1).'. 21
52 Amendment of s 84 (Restriction on sale of liquor under producer/
Clause 22
wholesaler licence) 23
(1) Section 84(1)(c)-- 24
omit. 25
(2) Section 84(1)(d) and (e), before `another State or a Territory'-- 26
insert-- 27
`the Commonwealth,'. 28
(3) Section 84(1)-- 29
s 52 39 s 52
Liquor Amendment Bill 2001
insert-- 1
`(f) a person who purchases the liquor for export; or 2
(g) a person who purchases the liquor for stock in a duty free store; 3
or 4
(h) a person who purchases the liquor to provide it for consumption 5
on ships or aircraft on international journeys; or 6
(i) a person who purchases the liquor to provide it at Government 7
House, or at a foreign embassy or consulate, as part of official 8
activities at the place; or 9
(j) a person who purchases the liquor for a religious entity for 10
sacramental purposes.'. 11
(4) Section 84(2)-- 12
omit, insert-- 13
`(2) The holder of a producer/wholesaler licence who is a producer of 14
liquor may-- 15
(a) sell the licensee's liquor and liquor for which the licensee is a 16
wholesaler to a visitor to the licensed premises for consumption 17
on the premises in association with the visitor eating a meal in a 18
part of the premises ordinarily set aside for dining if the meal is 19
prepared, served and intended to be eaten on the premises; and 20
(b) sell the licensee's liquor, for consumption on or off the licensed 21
premises, to a visitor to the licensed premises, if the liquor is sold 22
as a souvenir of the visit.'. 23
(5) Section 84(4), after `(Cwlth)'-- 24
insert-- 25
`in relation to the sale by the licensee of the licensee's liquor'. 26
(6) Section 84-- 27
insert-- 28
`(5) In this section-- 29
"licensee's liquor" means liquor produced on the premises to which the 30
licence relates.'. 31
s 53 40 s 54
Liquor Amendment Bill 2001
53 Insertion of new s 84A
Clause 1
Part 4, division 6, before section 85-- 2
insert-- 3
`84A Primary purpose of business under club licence 4
`(1) The primary purpose of a business conducted under a club licence is 5
the provision of facilities and services to the club's members and the 6
achievement of the club's objects. 7
`(2) The authority under a club licence to sell or supply liquor does not 8
apply unless a business is conducted on the licensed premises with the 9
primary purpose as mentioned in subsection (1).'. 10
54 Amendment of s 85 (Authority of club licence)
Clause 11
(1) Section 85(1)(a)(v), `40'-- 12
omit, insert-- 13
`15'. 14
(2) Section 85(1)(a)(vi), `and'-- 15
omit, insert-- 16
`or'. 17
(3) Section 85(1)(a)-- 18
insert-- 19
`(vii)for a club that is a RSL or Services Club--a defence member for 20
consumption on the premises; and'. 21
(4) Section 85-- 22
insert-- 23
`(1A) Despite subsection (1)(a)(vi), if the chief executive states in a club 24
licence that the licensed premises include particular premises (the "other 25
premises") that the club owns or has a legal right to occupy and the other 26
premises may be used on an infrequent basis for an event, the club licence 27
authorises the licensee to sell liquor within a defined area on the other 28
premises for the event for consumption within the defined area stated in the 29
licence if-- 30
s 54 41 s 54
Liquor Amendment Bill 2001
(a) the sale is during ordinary trading hours for the club licence to 1
members of the public attending the event on the other premises; 2
and 3
(b) the event is the playing of a sport or game for which the club is 4
established; and 5
6
Example of sport or game for which a club is established--
7
If a rugby union club is established but the club allows other clubs to use
8
its premises for bridge or darts, or encourages the rugby union club's
9
members to play those games, the rugby union club is established for
10
rugby union and not other sports or games (like bridge or darts) that may
11
be played on its premises.
(c) the club is catering for the event on the other premises; and 12
(d) at least 14 days before the date of the event, the club gives 13
written notice about the event to the police officer in charge of 14
the locality in which the event is to be held. 15
16
Example for subsection (1A)--
A football club may have premises with an adjacent field in 1 suburb that are used on a
17
weekly basis for training and regular games. The club may also own a second field in
18
another suburb which is used a few times a year for the club's games. The chief
19
executive may state in the club licence that the licensed premises includes defined areas
20
at 1 or both fields. The club licence authorises the club to sell liquor within the defined
21
areas.
`(1B) For subsection (1A), the area of the other premises defined in the 22
licence forms part of the licensee's licensed premises for the period the 23
licensee is authorised to sell liquor on the other premises. 24
`(1C) Despite section 84A(1), a club licence does not authorise the sale 25
or supply of liquor from a facility ordinarily known as a drive-in or drive 26
through bottle shop.'. 27
(5) Section 85(2), `subsection (1)'-- 28
omit, insert-- 29
`subsections (1) and (1A)'. 30
(6) Section 85(5)-- 31
insert-- 32
` "defence member" means any of the following persons in possession of 33
a current service identity card-- 34
(a) a member of the Permanent Naval Forces, the Australian Regular 35
Army, the Regular Army Supplement or the Permanent Air 36
Force; 37
s 55 42 s 58
Liquor Amendment Bill 2001
(b) a member of the Emergency Forces or the Reserve Forces who is 1
rendering continuous full-time service.'. 2
55 Amendment of s 86 (Restrictions on grant of club licence)
Clause 3
Section 86(1)(a)-- 4
omit, insert-- 5
`(a) the business to be conducted under the club licence on the 6
licensed premises will have a primary purpose as mentioned in 7
section 84A(1); and'. 8
56 Omission of s 87 (Restriction on sale of liquor for consumption off
Clause 9
premises) 10
Section 87-- 11
omit. 12
57 Insertion of new s 92
Clause 13
Part 4, division 8, before section 93-- 14
insert-- 15
`92 Primary purpose of a business under a special facility licence 16
`(1) The primary purpose of a business conducted under a special facility 17
licence is the provision of an activity, facility or presentation that-- 18
(a) provides enlightenment, entertainment or services to the public; 19
or 20
(b) forms part of the tourist development of the State. 21
`(2) The authority under a special facility licence to sell or supply liquor 22
does not apply unless a business is conducted on the licensed premises with 23
a primary purpose as mentioned in subsection (1).'. 24
58 Amendment of s 94 (Restriction on grant of special facility
Clause 25
licence) 26
(1) Section 94(1), from `the sale of liquor'-- 27
omit, insert-- 28
s 59 43 s 61
Liquor Amendment Bill 2001
`the chief executive is satisfied the business to be conducted under the 1
licence on the licensed premises will have a primary purpose as mentioned 2
in section 92(1).'. 3
(2) Section 94-- 4
insert-- 5
`(3) Also, the chief executive must not grant a special facility licence to a 6
person for premises the chief executive reasonably considers are, or are to 7
be, used primarily as a supermarket.'. 8
59 Insertion of new s 94A
Clause 9
Part 4, division 9, before section 95-- 10
insert-- 11
`94A Primary purpose of a business under a limited licence 12
`(1) The primary purpose of a business conducted under a limited 13
licence is the provision of an activity, matter or service to which the sale of 14
liquor is a subsidiary aspect. 15
`(2) The authority under a limited licence to sell or supply liquor does 16
not apply unless a business is conducted on the licensed premises with a 17
primary purpose as mentioned in subsection (1).'. 18
60 Amendment of s 96 (Restriction on grant of limited licence)
Clause 19
Section 96-- 20
insert-- 21
`(2) Also, the chief executive must not grant a limited licence to a person 22
for premises the chief executive reasonably considers are, or are to be, used 23
primarily as a supermarket.'. 24
61 Amendment of s 97 (Available permits)
Clause 25
(1) Section 97(c) and (d)-- 26
renumber as section 97(d) and (e). 27
(2) Section 97-- 28
s 62 44 s 62
Liquor Amendment Bill 2001
insert-- 1
`(c) a catering away permit;'. 2
62 Replacement of s 103 (Restriction on grant of extended hours
Clause 3
permit) 4
Section 103-- 5
omit, insert-- 6
`102A Restriction on grant of extended hours permit 7
`The chief executive must not grant an extended hours permit that would 8
purport to authorise the sale of liquor at any time on Good Friday, 9
Christmas Day or Anzac Day, otherwise than as prescribed by section 9. 10
`102B Application for an extended hours permit on a regular basis that 11
includes trading between 5 a.m. and 7 a.m. 12
`(1) This section applies to-- 13
(a) an application for an extended hours permit that, if granted, 14
would extend trading hours on a regular basis to include trading 15
between 5 a.m. and 7 a.m.; and 16
(b) an application for the renewal of the extended hours permit. 17
`(2) The chief executive must-- 18
(a) give a copy of the application to the local government for the area 19
in which the licensed premises are situated; and 20
(b) ask the local government to give the chief executive written 21
recommendations and written reasons for the recommendations, 22
within a stated reasonable period, about the application; and 23
(c) have regard to the local government's recommendations and 24
reasons received within the stated reasonable period and, to the 25
fullest extent practicable and consistent with this Act's objects, 26
adopt the recommendations in deciding the application. 27
`(3) The extended hours permit, or any renewal of the extended hours 28
permit, must be for a period stated in the permit or renewal of not more 29
than 6 months. 30
`(4) An extended hours permit may be renewed more than once. 31
s 62 45 s 62
Liquor Amendment Bill 2001
`(5) This section does not limit the application of any other section that 1
applies to an application for an extended hours permit, or renewal of an 2
extended hours permit, that would extend trading hours on a regular basis, 3
including, for example, sections 116, 118, 121 and 121A.8 4
`102C Other application for an extended hours permit that includes 5
trading between 5 a.m. and 7 a.m. 6
`(1) This section applies to an application for an extended hours permit 7
that would result in trading hours that include trading between 5 a.m. and 8
7 a.m., other than an application to which section 102B applies. 9
`(2) The chief executive must not grant the application, unless-- 10
(a) the extension of the trading hours is restricted to a time 11
coinciding with an event the chief executive reasonably considers 12
to be a special event; and 13
(b) the special event-- 14
(i) happens in the locality in which the licensed premises are 15
situated; or 16
(ii) is, in the chief executive's opinion, of particular significance 17
or special interest to the regular patrons of the licensed 18
premises. 19
20
Example of special events--
21
Premier sporting fixtures.
`(3) This section does not limit the application of any other section that 22
applies to an application for an extended hours permit that would not 23
extend trading hours of licensed premises on a regular basis, including, for 24
example, section 110.9 25
`Division 12A--Catering away permits for public events 26
8 Sections 116 (Public interest relevant to applications), 118 (Advertisement of
applications), 121 (Conference of concerned persons and decision by chief
executive) and 121A (Renewal of permits for extension of hours beyond 3 a.m.)
9 Section 110 (Application for grant of extended hours permit not on regular basis)
s 62 46 s 62
Liquor Amendment Bill 2001
`102D Definitions for div 12A 1
`In this division-- 2
"licence" means each of the following types of licences for which the 3
authority under the licence is extended to allow the sale of liquor on 4
premises that are not the licence's main premises-- 5
(a) general licence; 6
(b) residential licence; 7
(c) on-premises licence; 8
(d) limited licence. 9
"main premises" means licensed premises described in a licence. 10
"private event" means an event or occasion, held at premises other than 11
main premises, if-- 12
(a) the event or occasion is not publicly advertised or is not open to 13
the public or casual attendance; or 14
(b) attendance at the event or occasion is restricted by personal 15
invitation of the function's host; or 16
(c) admission to the event or occasion does not involve paying a fee 17
for admission, or for entertainment or services provided at the 18
event or occasion. 19
20
Examples of a private event--
21
A 21 birthday party, boardroom lunch, company cocktail party and wedding.
st
"public event", in relation to a licensee, means an event or occasion held 22
at premises other than the licensee's main premises, that is not a 23
private event. 24
25
Examples of a public event--
26
A festival, public ball, race meeting and rock concert.
`102E Licensee to obtain a permit for selling or supplying liquor at 27
public events 28
`(1) A licensee who proposes to sell or supply liquor at a public event 29
under the licence must apply for the grant of a catering away permit to sell 30
or supply the liquor at the public event. 31
s 62 47 s 62
Liquor Amendment Bill 2001
`(2) Without limiting section 105,10 an application must-- 1
(a) describe the area where the liquor will be sold or supplied and 2
consumed and the area where any catering to be provided by the 3
licensee will take place; and 4
(b) be accompanied by a proposed event management plan for the 5
public event stating all matters about which the chief executive is 6
to be satisfied under section 102F(1). 7
`102F Restriction on grant of catering away permit 8
`(1) The chief executive must not grant a catering away permit for a 9
public event unless the chief executive is satisfied about all of the 10
following-- 11
(a) the licensee would, in catering for the public event, be complying 12
with the primary purpose of the business conducted under the 13
licence; 14
(b) premises in which liquor may be sold, supplied and consumed at 15
the public event are properly defined and will be appropriately 16
monitored; 17
(c) the public event will not create any undue annoyance, 18
disturbance or inconvenience to residents of the locality in which 19
the public event is to be held; 20
(d) the public event will not create an unsafe or unhealthy 21
environment for persons employed at and attending the public 22
event or residents of the locality in which the public event is to be 23
held; 24
(e) appropriate planning for the public event has been carried out 25
with the police service and local government for the area in 26
which the public event is to be held; 27
(f) the proposed event management plan satisfactorily provides for 28
any other matter required under a regulation. 29
`(2) Subsection (1)(a) does not apply to an application for a catering 30
away permit to extend the authority of a residential licence. 31
10 Section 105 (Requirements for applications)
s 63 48 s 64
Liquor Amendment Bill 2001
`(3) The chief executive must not grant a catering away permit for a 1
public event that would purport to authorise the sale of liquor at any time 2
on Good Friday or Christmas Day or before 1.00 p.m. on Anzac Day. 3
`102G Area in catering away permit forms part of licensed 4
premises 5
`The area defined in a catering away permit for a public event forms part 6
of the licensee's licensed premises for the period the licensee is authorised 7
to sell or supply liquor at the public event under the catering away permit. 8
`103 Authority of catering away permit 9
`(1) Subject to this Act, a catering away permit authorises the permittee 10
to sell or supply liquor-- 11
(a) at the public event stated in the permit; and 12
(b) at the times on the day or days stated in the permit; and 13
(c) subject to the conditions stated in the permit. 14
`(2) The authority of a catering away permit extends to the sale or supply 15
of liquor for consumption within the defined area at the public event, stated 16
in the permit.'. 17
63 Amendment of s 103G (Authority of adult entertainment
Clause 18
permit) 19
(1) Section 103G(1)(b)-- 20
omit, insert-- 21
`(b) during the hours stated in the permit.'. 22
(2) Section 103G(2)-- 23
omit. 24
(3) Section 103G(3)-- 25
renumber as section 103G(2). 26
64 Insertion of new s 103K
Clause 27
Part 4, division 13A-- 28
s 65 49 s 66
Liquor Amendment Bill 2001
insert-- 1
`103K Restriction on grant of adult entertainment permit 2
`(1) The chief executive must not grant an adult entertainment permit 3
that would relate to premises at which a public event or private event is to 4
be held other than for-- 5
(a) if the applicant is a licensee--the main premises under the 6
licence; or 7
(b) if the applicant is the holder of a general purpose permit or 8
restricted club permit--the premises to which the permit relates. 9
`(2) In this section, including in the definitions "public event" and 10
"private event" as applying for this section-- 11
"main premises" means licensed premises described in a licence other 12
than-- 13
(a) a detached bottle shop; or 14
(b) for a club licence--premises mentioned in section 85(1A).11'. 15
65 Amendment of s 104 (Additional time for consumption or removal
Clause 16
of liquor) 17
Section 104(2)-- 18
omit. 19
66 Amendment of s 105 (Requirements for applications)
Clause 20
Section 105-- 21
insert-- 22
`(2) The chief executive may, by written notice given to an applicant, 23
require the applicant to give the chief executive further information or a 24
document about the application within the reasonable time, not less than 25
30 days, stated in the notice. 26
`(3) The requirement must relate to information or a document that the 27
chief executive reasonably considers is necessary to help the chief 28
11 Section 85 (Authority of club licence)
s 67 50 s 68
Liquor Amendment Bill 2001
executive decide the application and reasonable for the applicant to 1
provide. 2
`(4) The application is taken to be withdrawn by the applicant if-- 3
(a) the chief executive has given the applicant a notice under 4
subsection (2) requiring the applicant to give the chief executive 5
further information or a document about the application; and 6
(b) the applicant has failed to comply with the requirement within 7
the time stated in the notice unless the applicant provides the 8
chief executive with an excuse for the failure that the chief 9
executive considers to be a reasonable excuse.'. 10
67 Insertion of new s 107AA
Clause 11
After section 107-- 12
insert-- 13
`107AA Chief executive may impose conditions on licences and 14
permits 15
`The chief executive may impose conditions on licences and permits-- 16
(a) to ensure appropriate compliance with this Act; or 17
(b) to give effect to an agreement about the management of premises 18
that has resulted from a conference held under section 12112 or a 19
decision of the Tribunal.'. 20
68 Amendment of s 109 (Nominees)
Clause 21
(1) Section 109(1)(a), `body corporate'-- 22
omit, insert-- 23
`corporation'. 24
(2) Section 109(1)(d)-- 25
renumber as section 109(1)(c). 26
(3) Section 109(4) and (5)-- 27
omit. 28
12 Section 121 (Conference of concerned persons and decision by chief executive)
s 69 51 s 71
Liquor Amendment Bill 2001
69 Amendment of s 110 (Application for grant of extended hours
Clause 1
permit not on regular basis) 2
(1) Section 110(2), `assistant commissioner for'-- 3
omit, insert-- 4
`police officer in charge of'. 5
(2) Section 110(3), `Assistant Commissioner'-- 6
omit, insert-- 7
`police officer'. 8
70 Amendment of s 112 (Procedure for variation by chief
Clause 9
executive) 10
Section 112-- 11
insert-- 12
`(2) This section does not apply to a variation of a licence for a 13
disciplinary action relating to the licence under section 137A.13'. 14
71 Insertion of new s 113A
Clause 15
After section 113-- 16
insert-- 17
`113A Transfer of licence or permit held for or on behalf of 18
unincorporated association 19
`(1) This section applies if-- 20
(a) a person holds a licence or permit for or on behalf of an 21
unincorporated association; and 22
(b) the association becomes incorporated. 23
`(2) The licensee and the incorporated association must, within 3 months 24
after the association is incorporated, apply to the chief executive for the 25
licence to be transferred to the incorporated association.'. 26
13 Section 137A (Decision about disciplinary action)
s 72 52 s 72
Liquor Amendment Bill 2001
72 Amendment of s 116 (Public need relevant to applications)
Clause 1
(1) Section 116, heading, `need'-- 2
omit, insert-- 3
`interest'. 4
(2) Section 116(2)-- 5
omit, insert-- 6
`(2) The applicant must satisfy the chief executive that it is in the public 7
interest for the application to be granted.'. 8
(3) Section 116(3), from `reasonable' to `subsection (2)'-- 9
omit, insert-- 10
`public interest'. 11
(4) Section 116(3)(d)-- 12
omit. 13
(5) Section 116(3)(e)-- 14
renumber as section 116(3)(d). 15
(6) Section 116(4)-- 16
omit, insert-- 17
`(4) In deciding the public interest relating to an application, the chief 18
executive must take into account information about the matters mentioned 19
in subsection (3) and must also have regard to-- 20
(a) the existing and projected population and demographic trends in 21
the locality; and 22
(b) the number of persons residing in, resorting to or passing through 23
the locality, and their respective expectations; and 24
(c) the likely health and social impacts that granting the application 25
would have on the population of the locality; and 26
(d) an assessment of the magnitude, duration and probability of the 27
occurrence of the health and social impacts; and 28
(e) the proximity of the proposed licensed premises to identified 29
sub-communities within the locality, including, for example, 30
schools and places of worship, and the likely impact on those 31
sub-communities; and 32
s 73 53 s 73
Liquor Amendment Bill 2001
(f) other information the chief executive considers relevant to the 1
reasonable requirements of the public for liquor and related 2
services in the locality; and 3
(g) the objects of the Act as mentioned in section 3 and the 4
underlying principle of this Act as mentioned in section 3A.'. 5
73 Amendment of s 118 (Advertisement of applications)
Clause 6
(1) Section 118(1)(b)-- 7
omit, insert-- 8
`(b) a detached bottle shop;'. 9
(2) Section 118(1)(d)-- 10
renumber as section 118(1)(e). 11
(3) Section 118(1)-- 12
insert-- 13
`(d) an adult entertainment permit, other than a one-off permit or 14
subsequent permit;'. 15
(4) Section 118(2)(b), `on the premises to which the application 16
relates'-- 17
omit. 18
(5) Section 118(3)-- 19
omit, insert-- 20
`(2A) For subsection (2)(b), the sign must be displayed-- 21
(a) if the land on which the premises to which the application relates 22
has only 1 road frontage--conspicuously, on the front alignment 23
of the land or on the premises, at street level and in a way that 24
ensures it is clearly visible to the passing public; and 25
(b) if the land on which the premises to which the application relates 26
has more than 1 road frontage--conspicuously, on the land or on 27
the premises, at street level and in a way that ensures it is clearly 28
visible to the passing public on each road frontage. 29
`(3) The chief executive may-- 30
(a) waive or vary the publication and display requirements for an 31
application if the chief executive is satisfied that publication and 32
s 74 54 s 74
Liquor Amendment Bill 2001
display under subsection (2) is not necessary because of the 1
remote location of the premises or other special circumstances; 2
or 3
(b) vary the display requirements for an application, including by 4
requiring the applicant to comply with other requirements, if the 5
chief executive is satisfied that display under subsection (2) is not 6
appropriate having regard to the specific nature of the location.'. 7
(4) Section 118(6) and (7)-- 8
omit, insert-- 9
`(6) In deciding whether to require an application for an adult 10
entertainment permit to be advertised, that is an application for a one-off 11
permit or subsequent permit, the chief executive must have regard to-- 12
(a) for a one-off permit--whether the frequency, location, size or 13
timing of the adult entertainment may cause some community 14
concern; and 15
(b) for a subsequent permit--whether a previous adult entertainment 16
permit exists or has lapsed or whether there are specific problems 17
relating to the locality of the licensed premises, including, for 18
example, the use of the premises for adult entertainment, or the 19
behaviour of persons entering or leaving the premises, may cause 20
undue annoyance or disturbance to persons living or working or 21
doing business in the neighbourhood of the premises. 22
`(7) In this section-- 23
"one-off permit" means an adult entertainment permit for a term of less 24
than 4 days. 25
"subsequent permit" means an adult entertainment permit relating to a 26
person for premises if the person was, within the preceding 6 months 27
of the date of the application for the subsequent permit, previously the 28
holder of an adult entertainment permit for the premises, other than a 29
one-off permit.'. 30
74 Amendment of s 118A (Submissions on public need)
Clause 31
(1) Section 118A, heading, `need'-- 32
omit, insert-- 33
`interest'. 34
s 75 55 s 76
Liquor Amendment Bill 2001
(2) Section 118A(1), from `about--'-- 1
omit, insert-- 2
`about the matters to which the chief executive must have regard under 3
section 116.'. 4
75 Amendment of s 119 (Objection to grant of applications)
Clause 5
(1) Section 119(3), after `objection'-- 6
insert-- 7
`about an application, other than an application for an adult 8
entertainment permit,'. 9
(2) Section 119(4)-- 10
renumber as section 119(5). 11
(3) Section 119-- 12
insert-- 13
`(4) The grounds on which an objection about an application for an adult 14
entertainment permit may be made are that, if the application were 15
granted-- 16
(a) undue annoyance, disturbance or inconvenience to persons who 17
reside, work or do business in the locality, or to persons in, or 18
travelling to or from, an existing or proposed place of public 19
worship, hospital or school or other facility or place regularly 20
frequented by children for cultural or recreational activities is 21
likely to happen; or 22
(b) the amenity, quiet or good order of the locality concerned would 23
be lessened in some way.'. 24
76 Amendment of s 121 (Conference of concerned persons and
Clause 25
decision by chief executive) 26
(1) Section 121(5)(a)-- 27
omit, insert-- 28
`(a) if a conference was held and agreement was reached under 29
subsection (4)--make a decision consistent with the agreed 30
terms; or 31
s 77 56 s 77
Liquor Amendment Bill 2001
(ab) if a conference was held but agreement was not reached under 1
subsection (4)--grant the application; or'. 2
(2) Section 121(5)(f), after `permit'-- 3
insert-- 4
`or adult entertainment permit'. 5
77 Replacement of ss 123 and 124
Clause 6
Sections 123 and 124-- 7
omit, insert-- 8
`123 Chief executive may grant provisional licence 9
`(1) This section applies if-- 10
(a) the chief executive assesses an application for a licence, 11
including, for example, the primary purpose of a business to be 12
conducted under the proposed licence and the requirements of 13
section 10714 in relation to the application; and 14
(b) a development approval has been given under the Integrated 15
Planning Act 1997 for the use of the land on which the proposed 16
premises will be situated for licensed premises; and 17
(c) the chief executive would grant the application if a building or 18
structure forming part of the proposed premises-- 19
(i) were completed under the law relating to carrying out 20
building work; or 21
(ii) were approved or certified as required by law for use as 22
licensed premises and, if the case requires it, for conduct in 23
the premises of a business for which the licence was sought. 24
`(2) The chief executive may grant the application provisionally and 25
issue a provisional licence subject to a condition that the applicant 26
produces evidence of the completion of the building work or approval or 27
certification as required by law, as mentioned in subsection (1)(c). 28
`(3) The provisional licence must state-- 29
(a) the evidence the applicant is required to produce; and 30
14 Section 107 (Restriction on grant of licence or permit)
s 77 57 s 77
Liquor Amendment Bill 2001
(b) that if the applicant produces the stated evidence to the 1
satisfaction of the chief executive within a stated reasonable 2
time, not more than 1 year, the applicant is entitled to a stated 3
licence; and 4
(c) that if the applicant does not produce the stated evidence within 5
the stated time, the applicant's provisional licence will be 6
cancelled. 7
`123A Chief executive may grant authority to trade for staged 8
development 9
`(1) This section applies if-- 10
(a) the chief executive assesses an application for a licence, 11
including, for example, the primary purpose of a business to be 12
conducted under the proposed licence and the requirements of 13
section 107 in relation to the application; and 14
(b) the construction or alteration of the proposed premises is to be 15
completed in stages and 1 or more of the stages has been 16
completed; and 17
(c) the business to be conducted in a completed stage meets the 18
primary purpose under the proposed licence and has been 19
approved or certified as required by law for use as licensed 20
premises and, if the case requires it, for conduct in the premises 21
of a business for which the licence was sought; and 22
(d) the chief executive would grant the application if all the stages of 23
the construction or alteration of the premises were completed. 24
`(2) The chief executive may grant the application provisionally and 25
issue an approval (a "staged development approval") subject to a 26
condition that the applicant produces evidence of the completion of the 27
remaining stages of the construction or alteration of the premises. 28
`(3) The staged development approval must state-- 29
(a) the evidence the applicant is required to produce before the 30
application for the licence will be granted; and 31
(b) the part of the premises in which the applicant is authorised to 32
operate the business the subject of the application until the 33
licence is granted; and 34
s 77 58 s 77
Liquor Amendment Bill 2001
(c) that if the applicant produces the stated evidence within a stated 1
reasonable time, not more than 1 year, the applicant is entitled to 2
a stated licence. 3
`123B Provisional licence or staged development approval 4
`(1) A provisional licence or staged development approval remains in 5
force for-- 6
(a) the stated reasonable time from the day on which it is granted; or 7
(b) if no time is stated in the approval, 1 year from the day on which 8
it is granted. 9
`(2) The chief executive may renew a provisional licence, for a period of 10
not more than 1 year, if the chief executive reasonably considers there are 11
special circumstances for the applicant not producing the evidence stated in 12
the licence within the stated time, including, for example, delays in 13
completing the proposed premises because of adverse weather conditions. 14
`(3) A provisional licence can not be renewed more than once. 15
`(4) The chief executive may, after considering a matter to which the 16
chief executive may have regard in making a decision to grant a licence of 17
the type the subject of a staged development approval, renew the approval 18
for a period of not more than 1 year. 19
`(5) A staged development approval may be renewed more than once. 20
`123C Effect of provisional licence 21
`(1) A provisional licence in relation to an application for a licence does 22
not give the applicant authority to operate the business the subject of the 23
application until the licence is granted. 24
`(2) If, while a provisional licence is in force, the holder of the licence 25
produces the evidence stated in the licence to the satisfaction of the chief 26
executive, the chief executive must grant the appropriate licence. 27
`(3) If the holder of a provisional licence does not produce the evidence 28
stated in the licence within the time stated in the licence, the chief 29
executive must cancel the provisional licence. 30
`(4) The cancellation of a provisional licence takes effect despite another 31
provision of this Act. 32
s 78 59 s 78
Liquor Amendment Bill 2001
`124 Effect of staged development approval 1
`(1) A staged development approval in relation to an application for a 2
licence authorises the applicant to sell and supply liquor as if-- 3
(a) the approval were the licence the subject of the application; and 4
(b) the part of the premises stated in the approval in which the 5
applicant is authorised to operate the business the subject of the 6
application were licensed premises; and 7
(c) the applicant were the licensee. 8
`(2) If, while a staged development approval is in force, the holder of the 9
approval produces the evidence stated in the staged development approval, 10
the chief executive must grant the appropriate licence.'. 11
78 Amendment of s 125 (Temporary licence)
Clause 12
(1) Section 125, heading, `licence'-- 13
omit, insert-- 14
`authority'. 15
(2) Section 125(3)-- 16
renumber as section 125(5). 17
(3) Section 125-- 18
insert-- 19
`(3) If the licence for the licensed premises is a general licence, the chief 20
executive may grant temporary authority even though part of the business 21
that is the primary purpose under the licence can not be conducted in the 22
premises that are the subject of the authority. 23
24
Example of subsection (3)--
25
If a hotel is destroyed by fire but there is a detached bottle shop covered by the
26
licence, the temporary authority may be given for the detached bottle shop even
27
though the hotel is not able to operate or can not be rebuilt for a period of time.
`(4) A temporary authority may be-- 28
(a) granted for 1 term stated in the authority, but not longer than 29
2 years; and 30
(b) extended for a term or terms, each of which is not longer than 31
2 years, if the chief executive is satisfied there are special 32
circumstances for not restoring the premises within the original 33
s 79 60 s 80
Liquor Amendment Bill 2001
term or the most recent extension of the term, including, for 1
example-- 2
(i) continuing investigations about the destruction of the 3
premises; or 4
(ii) difficulties in obtaining development approval for rebuilding 5
the premises.'. 6
79 Amendment of s 128 (Liability of licensees in certain cases)
Clause 7
(1) Section 128(a), `body corporate'-- 8
omit, insert-- 9
`corporation'. 10
(2) Section 128(b)-- 11
omit, insert-- 12
`(b) for or on behalf of an unincorporated association, and the 13
licensee is absent from the management and supervision of the 14
business conducted under authority of the licence--each of the 15
members of the association's management committee is subject 16
to the same liabilities under this Act as a licensee.'. 17
80 Amendment of s 129 (Applications to continue trading in certain
Clause 18
circumstances) 19
Section 129-- 20
insert-- 21
`(4) Also, each of the following persons may apply to the chief executive 22
to conduct the business of a club licence if the person is in possession of 23
the licensed premises and the application states, in detail, the way in which 24
the person will continue trading under the club licence for the benefit of the 25
club-- 26
(a) an owner or mortgagee of the licensed premises who has, under 27
section 44A(2),15 given the chief executive particulars of the 28
person's interest in the licence; 29
15 Section 44A (Owner, lessee, mortgagee and secured creditors to give particulars to
chief executive)
s 81 61 s 83
Liquor Amendment Bill 2001
(b) an owner of a financial interest in the trading of the licensed 1
premises who has, under section 44A(2), given the chief 2
executive particulars of the person's interest in the licence.'. 3
81 Amendment of s 131A (Decision by chief executive on application
Clause 4
to continue trading in certain circumstances) 5
Section 131A-- 6
insert-- 7
`(3A) If the application is made by a person as mentioned in 8
section 129(4), the maximum period for an authority given under 9
subsection (2) is not for more than 6 months after the date of the 10
application.'. 11
82 Amendment of s 132 (Discharge of licensee or permittee from
Clause 12
obligations) 13
(1) Section 132, after `by order'-- 14
insert-- 15
`, do all or any of the following'. 16
(2) Section 132(d), `and'-- 17
omit. 18
83 Amendment of s 133 (Request to surrender)
Clause 19
Section 133(3)(b)-- 20
omit, insert-- 21
`(b) must be accompanied or supported by-- 22
(i) the consent of all mortgagees or lessees of the licensed 23
premises, or part of the licensed premises, who have given 24
the chief executive particulars under section 44A;16 and 25
16 Section 44A (Owner, lessee, mortgagee and secured creditors to give particulars to
chief executive)
s 84 62 s 84
Liquor Amendment Bill 2001
(ii) enough information to enable the chief executive to decide 1
the application, including the information prescribed under 2
a regulation for this subparagraph; and'. 3
84 Insertion of new ss 134A-134C
Clause 4
After section 134-- 5
insert-- 6
`134A Ground for taking relevant action relating to adult 7
entertainment permit 8
`The chief executive may take a relevant action relating to an adult 9
entertainment permit on the ground that the person who holds the permit is 10
no longer a suitable person to provide adult entertainment. 11
`134B Show cause notice 12
`If the chief executive considers, on reasonable grounds, that a person 13
who holds an adult entertainment permit is no longer a suitable person to 14
provide adult entertainment, the chief executive must give the person a 15
written notice that-- 16
(a) states the relevant action relating to the adult entertainment 17
permit that the chief executive proposes to take; and 18
(b) states the grounds for the relevant action; and 19
(c) states an outline of the facts and circumstances forming the basis 20
for the grounds; and 21
(d) invites the person to show within a stated period, not less than 22
14 days after the notice is given to the person, why the relevant 23
action should not be taken. 24
`134C Decision about relevant action relating to adult entertainment 25
permit 26
`(1) After considering any representations made by the person who holds 27
the adult entertainment permit, the chief executive may-- 28
(a) if the chief executive still considers there is a ground to take the 29
relevant action relating to the adult entertainment permit--take 30
the relevant action; or 31
s 85 63 s 85
Liquor Amendment Bill 2001
(b) if the chief executive no longer believes a ground exists to take 1
the relevant action--take no further action about the show cause 2
notice. 3
`(2) Within 7 days after the chief executive makes a decision under 4
subsection (1), the chief executive must give written notice of the decision 5
to the licensee. 6
`(3) Also, if the chief executive decides to take the relevant action the 7
notice under subsection (2) must state-- 8
(a) the reasons for the decision; and 9
(b) the licensee may appeal to the Tribunal against the decision 10
within 28 days after the licensee receives notice of the decision.'. 11
85 Replacement of ss 136 and 137
Clause 12
Sections 136 and 137-- 13
omit, insert-- 14
`Subdivision 3--Disciplinary action relating to licences 15
`136 Grounds for disciplinary action 16
`(1) Each of the following is a ground for taking disciplinary action 17
relating to a licence-- 18
(a) the licensee has failed to-- 19
(i) comply with this Act; or 20
(ii) conduct a business on the licensed premises that is 21
consistent with the primary purpose of the licence; or 22
(iii) comply with a condition stated in the licence; or 23
(iv) comply with an order of the chief executive or a requisition 24
of an investigator; 25
(b) the licensee is convicted of-- 26
(i) an offence against this Act; or 27
(ii) an offence under the Health Act 1937 or the Food Act 1981 28
involving licensed premises or liquor; or 29
(iii) an offence the chief executive considers indicates the 30
licensee's unsuitability to hold the licence; 31
s 85 64 s 85
Liquor Amendment Bill 2001
(c) the licensee has, at a material time, employed or engaged in the 1
business conducted under authority of the licence a person 2
convicted of 1 of the following offences committed in the course 3
of the business being carried on-- 4
(i) an offence against this Act; 5
(ii) an offence under the Health Act 1937 or the Food Act 1981 6
involving licensed premises or liquor; 7
(d) the licensee has obtained the licence by fraud or false 8
representation; 9
(e) the licensee or any nominee relating to the licensed premises, is 10
not a fit and proper person to conduct business under authority of 11
the licence; 12
(f) the licensee has ceased to conduct business on the licensed 13
premises; 14
(g) the licensee holds the licence for the benefit, wholly or partially, 15
of a person to whom the chief executive would not grant the 16
licence if application were to be made by the person; 17
(h) the use of the licensed premises, or the behaviour of persons 18
entering or leaving the premises-- 19
(i) is causing undue annoyance or disturbance to persons-- 20
(A) living, working or doing business in the neighbourhood 21
of the premises; or 22
(B) conducting or attending religious services in the 23
neighbourhood of the premises; or 24
(ii) is causing disorderly conduct in, or in the neighbourhood of, 25
the premises. 26
`137 Procedure for taking disciplinary action in relation to licence 27
`(1) If the chief executive considers, on reasonable grounds, there is a 28
ground to take disciplinary action relating to a licence (the "proposed 29
action"), the chief executive must give the licensee a written notice that 30
states the following-- 31
(a) the proposed action; 32
(b) the grounds for the proposed action; 33
s 85 65 s 85
Liquor Amendment Bill 2001
(c) an outline of the facts and circumstances forming the basis for 1
the grounds; 2
(d) if the proposed action includes suspending the licence--the 3
proposed suspension period; 4
(e) if the proposed action includes closing the licensed premises for 5
a stated period--the proposed closure period; 6
(f) if the proposed action includes varying the licence--the 7
proposed condition to which the licence is to be subject or the 8
other way in which the authority conferred by the licence is to be 9
limited; 10
(g) if the proposed action includes disqualifying the licensee from 11
holding a licence or permit--the proposed disqualification 12
period; 13
(h) if the proposed action includes requiring the licensee to pay the 14
department an amount--the proposed amount; 15
(i) an invitation to the licensee-- 16
(i) to show, by a stated day that is at least 28 days after the 17
notice is given (the "last day for representations"), why 18
the proposed action should not be taken; and 19
(ii) to make submissions about the proposed action; 20
(j) how representations by the licensee about the proposed action 21
may be made. 22
`(2) The chief executive must also give to each interested person relating 23
to the licence, at least 28 days before the show cause period ends, written 24
notice that-- 25
(a) states the matters mentioned in subsection (1)(a) to (h); and 26
(b) invites the interested person to make representations, in the way 27
stated in the notice, about the proposed action before the last day 28
for representations. 29
`137A Decision about disciplinary action 30
`(1) If, after considering any representations made, the chief executive 31
still considers there is a ground to take disciplinary action relating to the 32
licence, the chief executive may decide to-- 33
s 85 66 s 85
Liquor Amendment Bill 2001
(a) if the proposed action was other than suspension or 1
cancellation--take the proposed action or another form of 2
disciplinary action, other than suspension or cancellation of the 3
licence; or 4
(b) if the proposed action was to suspend the licence--suspend the 5
licence, for not longer than the proposed suspension period or 6
take another form of disciplinary action, other than cancellation 7
of the licence; or 8
(c) if the proposed action was to cancel the licence--either cancel 9
the licence or take another form of disciplinary action. 10
`(2) If the chief executive decides to take disciplinary action other than 11
the proposed action or part of the proposed action, the chief executive 12
must, as soon as practicable after making the decision, give the licensee 13
and each interested person to whom notice of the proposed action was 14
given, a further notice stating the following-- 15
(a) the form of disciplinary action the chief executive proposes to 16
take; 17
(b) the reasons for the decision; 18
(c) the licensee and interested persons may make submissions to the 19
chief executive in the way and within the time stated in the 20
notice. 21
`(3) For subsection (2)(c), the time stated in the notice must not be less 22
than 7 days after the licensee and interested persons are given the notice. 23
`(4) If, after considering any representations made about the further 24
notice, the chief executive still considers there is a ground to take 25
disciplinary action relating to the licence, the chief executive may decide to 26
take the disciplinary action. 27
`(5) More than 1 type of disciplinary action relating to a licence may be 28
taken against the licensee under this section. 29
`(6) In this section-- 30
"proposed action" see section 137(1). 31
`137B Notice to be given about chief executive's decision 32
`(1) Within 10 days after the chief executive makes a decision under 33
section 137A(1) or (4) relating to proposed disciplinary action relating to a 34
licence, the chief executive must give written notice of the decision to-- 35
s 85 67 s 85
Liquor Amendment Bill 2001
(a) the licensee; and 1
(b) each interested person to whom notice of the proposed action 2
was given. 3
`(2) However, subsection (1) does not apply to a decision made under 4
section 137A(1) if the chief executive decides to take disciplinary action 5
other than the proposed action or part of the proposed action and gives the 6
licensee and each interested person a notice under section 137A(2). 7
`(3) If the chief executive decides to take the proposed action under 8
section 137A(1) or other disciplinary action under section 137A(4), the 9
notice must state-- 10
(a) the reasons for the decision; and 11
(b) the licensee may appeal to the Tribunal against the decision 12
within 28 days after the person receives notice of the decision. 13
`(4) The decision takes effect on the later of-- 14
(a) the day the notice is given to the licensee; or 15
(b) the day of effect stated in the notice. 16
`(5) However, if disciplinary action is taken relating to the licence 17
because of a conviction-- 18
(a) the disciplinary action does not take effect until-- 19
(i) the end of the time to appeal against the conviction; or 20
(ii) if an appeal is made against the conviction--the appeal is 21
finally decided; and 22
(b) the disciplinary action has no effect if the conviction is quashed. 23
`137C Urgent suspension 24
`(1) This section applies if the chief executive believes, on reasonable 25
grounds-- 26
(a) a ground exists for taking disciplinary action in relation to a 27
licence; and 28
(b) harm may be caused to members of the public if urgent action to 29
suspend the licence is not taken. 30
`(2) The chief executive may immediately suspend the licence (an 31
"urgent suspension") by written notice given to the licensee, stating-- 32
s 86 68 s 86
Liquor Amendment Bill 2001
(a) the licence is suspended; and 1
(b) the reasons for the urgent suspension; and 2
(c) the licensee may appeal to the Tribunal against the urgent 3
suspension within 28 days after the licensee is given the notice. 4
`(3) The urgent suspension takes effect immediately the notice is given 5
to the licensee. 6
`(4) At the same time as the chief executive gives the licensee the notice, 7
the chief executive must give the licensee a notice under section 137(1). 8
`(5) The urgent suspension continues until the first of the following 9
happens-- 10
(a) the chief executive revokes it; 11
(b) the chief executive, under section 137B(1), gives the licensee 12
notice of the chief executive's decision under section 137A(1) or 13
(4); 14
(c) the end of 60 days after the notice under subsection (2) was given 15
to the licensee. 16
`137D Amount payable as a debt due to the State 17
`(1) This section applies if the chief executive decides to take 18
disciplinary action relating to a licence and the action requires the licensee 19
to pay an amount to the department. 20
`(2) Any amount unpaid becomes a debt due and payable to the State 21
28 days after the day notice of the chief executive's decision is given to the 22
licensee under section 137B. 23
`Subdivision 4--Effect of suspension of licence or permit and other 24
matter'. 25
86 Amendment of s 143 (Particulars to be displayed on premises)
Clause 26
Section 143(1), `50 mm'-- 27
omit, insert-- 28
`15 mm'. 29
s 87 69 s 89
Liquor Amendment Bill 2001
87 Amendment of s 147 (Consumption or removal contrary to licence
Clause 1
or permit) 2
Section 147(2), after `permittee'-- 3
insert-- 4
`, or an employee or agent of the licensee or permittee,'. 5
88 Amendment of s 148 (Gratuitous supply of liquor)
Clause 6
(1) Section 148, after `permittee'-- 7
omit, insert-- 8
`, or an employee or agent of the licensee or permittee,'. 9
(2) Section 148(d), after `approval'-- 10
insert-- 11
`for a particular event or occasion'. 12
89 Amendment of s 150 (Notification of change in controlling interest
Clause 13
in licensee) 14
(1) Section 150, `body corporate'-- 15
omit, insert-- 16
`corporation'. 17
(2) Section 150-- 18
insert-- 19
`(2) The holder of a special facility licence, that is the subject of an 20
approval by the chief executive as mentioned in section 153(3), must give 21
the chief executive written notice of the following changes within 14 days 22
after the change-- 23
(a) a change in the letting or subletting of part of the licensed 24
premises; 25
(b) a change in the letting or subletting of the right to sell liquor; 26
(c) a change in the franchise or management agreement for part of 27
the licensed premises; 28
s 90 70 s 91
Liquor Amendment Bill 2001
(d) a change in the beneficial ownership of the controlling interest in 1
any lessee, sublessee, franchisee or holder of management rights, 2
under the chief executive's approval. 3
Maximum penalty for subsection (2)--100 penalty units.'. 4
90 Amendment of s 152 (Prohibition on other use of premises)
Clause 5
(1) Section 152(1)-- 6
insert-- 7
`Maximum penalty--25 penalty units.'. 8
(2) Section 152(2), `The holder of a general licence'-- 9
omit, insert-- 10
`A licensee'. 11
91 Amendment of s 154 (Alteration and maintenance of licensed
Clause 12
premises) 13
(1) Section 154, heading-- 14
omit, insert-- 15
`154 Alteration etc. and maintenance of licensed premises'. 16
(2) Section 154(1) and (2)-- 17
omit, insert-- 18
`(1) The owner, licensee or other person in control of licensed premises 19
must not, without the chief executive's approval, alter, rebuild, change or 20
increase the area of the licensed premises. 21
Maximum penalty--25 penalty units. 22
`(2) For subsection (1)-- 23
(a) in giving an approval, the chief executive must have regard to the 24
business that is the primary purpose conducted under the licence; 25
and 26
(b) a change in the area includes not using a part of the licensed 27
premises as if the part were not licensed premises.'. 28
s 92 71 s 92
Liquor Amendment Bill 2001
92 Insertion of new ss 154A and 154B
Clause 1
After section 154-- 2
insert-- 3
`154A Relocation of detached bottle shops 4
`(1) This section applies if-- 5
(a) under a general licence the licensee has authority to sell or 6
supply liquor on a detached bottle shop; and 7
(b) the licensee proposes to relocate the detached bottle shop. 8
`(2) The licensee must apply to the chief executive for approval for the 9
relocation. 10
`(3) In deciding the application, the chief executive must have regard to 11
whether or not the applicant should be required to advertise the application 12
under section 118. 13
`(4) The chief executive may approve the application only if the chief 14
executive is satisfied the detached bottle shop is to be relocated to another 15
place within the same shopping precinct. 16
`(5) If the detached bottle shop is to be relocated more than the distance 17
prescribed under a regulation from the main licensed premises, the chief 18
executive must refuse the application. 19
`(6) Subsection (5) does not apply if the detached bottle shop-- 20
(a) operates under an approval granted by the chief executive before 21
2 December 1994; or 22
(b) operates under an approval granted by the chief executive on or 23
after 2 December 1994 that authorises the detached bottle shop to 24
be located more than the distance prescribed under a regulation 25
from the main licensed premises. 26
`(7) If the chief executive approves the application, the chief executive 27
must adjust the licence to ensure it describes the licensed premises after the 28
relocation of the detached bottle shop. 29
`154B Transfer of certain premises 30
`(1) This section applies if-- 31
(a) the licensee under a general licence (the "first licensee") has 32
authority to sell or supply liquor on a detached bottle shop; and 33
s 93 72 s 94
Liquor Amendment Bill 2001
(b) the first licensee proposes to transfer the detached bottle shop to 1
another licensee of a general licence (the "second licensee"). 2
`(2) The first and second licensees must make a joint application to the 3
chief executive for approval of the transfer. 4
`(3) The chief executive must refuse the application if-- 5
(a) the detached bottle shop is more than the distance prescribed 6
under a regulation from the main licensed premises of the second 7
licensee; or 8
(b) there are 3 detached bottle shops under the authority of the 9
general licence of the second licensee. 10
`(4) In deciding the joint application, the chief executive must have 11
regard to the matters prescribed under a regulation. 12
`(5) If the chief executive approves the joint application, the chief 13
executive must adjust the licences of the first licensee and second licensee 14
to ensure each licence describes its licensed premises after the transfer of 15
the detached bottle shop.'. 16
93 Amendment of s 155 (Minors on premises)
Clause 17
Section 155(3)-- 18
omit, insert-- 19
`(3) Also, an employee or agent of the licensee or permittee must not 20
allow a minor to enter the premises to which the licence or permit relates. 21
`(3A) If a minor is on the premises, each of the following persons 22
commits an offence-- 23
(a) the licensee or permittee; 24
(b) if another person is in control of the premises--the other person; 25
(c) if an employee or agent of the licensee or permittee allowed the 26
minor to enter the premises--the employee or agent. 27
Maximum penalty--100 penalty units.'. 28
94 Amendment of s 155AA (Minors must not be in approved area
Clause 29
when adult entertainment being provided) 30
(1) Section 155AA(2), `the approved area'-- 31
s 95 73 s 96
Liquor Amendment Bill 2001
omit, insert-- 1
`an approved area'. 2
(2) Section 155AA(2), penalty, `for subsection (2)'-- 3
omit. 4
(3) Section 155AA-- 5
insert-- 6
`(3) To remove doubt, it is declared that a minor can not be in an 7
approved area in the capacity of a performer of adult entertainment.'. 8
95 Amendment of s 162 (Taking liquor onto or away from premises
Clause 9
subject to on-premises licence) 10
Section 162(2)(a)-- 11
omit, insert-- 12
`(a) if the liquor is wine, the wine was supplied to the person on the 13
premises lawfully under the licence as authorised under 14
section 73A(b); or'. 15
96 Amendment of s 187 (Abatement of nuisance or dangerous
Clause 16
activity) 17
(1) Section 187(1)(a)(i)-- 18
omit, insert-- 19
`(i) an unreasonable noise; or'. 20
(2) Section 187(2)(a), `that is no longer a nuisance'-- 21
omit, insert-- 22
`so that it is no longer an unreasonable noise'. 23
(3) Section 187-- 24
insert-- 25
`(2A) In deciding whether to give a written notice under subsection (2), 26
the investigator must have regard to the following-- 27
(a) the order of occupancy between the licensee or permittee and any 28
complainant; 29
s 97 74 s 100
Liquor Amendment Bill 2001
(b) any changes in the licensed premises and the premises occupied 1
by any complainant, including, for example, structural changes 2
to the premises; 3
(c) any changes in the activities conducted on the licensed premises 4
over a period of time.'. 5
(3) Section 187(5)-- 6
insert-- 7
` "unreasonable noise" means noise that exceeds limits prescribed under a 8
regulation.'. 9
97 Omission of ss 193-196
Clause 10
Sections 193 to 196-- 11
omit. 12
98 Insertion of new s 221
Clause 13
Part 9, division 2-- 14
insert-- 15
`221 Expiry of pt 9, div 2 16
`This division expires 1 year after the commencement of this section.'. 17
99 Amendment of s 226 (Contravention of conditions of licences
Clause 18
etc.) 19
Section 226, penalty-- 20
omit, insert-- 21
`Maximum penalty--40 penalty units.'. 22
100 Insertion of new s 232
Clause 23
After section 231B-- 24
insert-- 25
s 101 75 s 104
Liquor Amendment Bill 2001
`232 Summary proceedings for offences 1
`Proceedings for an offence against this Act are to be taken in a summary 2
way under the Justices Act 1886.'. 3
101 Amendment of s 235 (Regulations)
Clause 4
(1) Section 235(2)-- 5
insert-- 6
`(k) the requirements for event management plans for the conduct of 7
public events; and 8
(l) the requirements for management plans for the conduct of an 9
establishment under an adult entertainment permit; and 10
(m) the limits for noise coming from licensed premises.'. 11
(2) Section 235(3)(b), `10'-- 12
omit, insert-- 13
`40'. 14
102 Amendment of s 238 (Completion of proceedings in the Court)
Clause 15
Section 238-- 16
insert-- 17
`(7) This section stops applying on 30 June 2003.'. 18
103 Amendment of s 238A (Disposal of applications for removal)
Clause 19
Section 238A-- 20
insert-- 21
`(3) This section stops applying on 30 June 2003.'. 22
104 Amendment of s 239 (Termination of Court)
Clause 23
Section 239-- 24
insert-- 25
s 105 76 s 106
Liquor Amendment Bill 2001
`(2) If the Court has not ceased to exist under subsection (1) by 30 June 1
2003, it ceases to exist on that day.'. 2
105 Amendment of s 241 (Disposal of applications made to
Clause 3
Commission) 4
Section 241-- 5
insert-- 6
`(4) This section stops applying on 30 June 2003.'. 7
106 Insertion of new pt 12, div 3
Clause 8
After section 258-- 9
insert-- 10
`Division 3--Transitional provisions for Liquor Amendment Act 2001 11
`259 Transitional provision for Tribunal 12
`(1) This section applies to an appeal started, but not decided, before the 13
commencement of this section. 14
`(2) The appeal is to be heard in the same way as it would have been if 15
the Liquor Amendment Act 2001 had not commenced. 16
`260 Transitional provision for certain general licences 17
`(1) This section applies to a licence that-- 18
(a) immediately before the commencement of section 24317 was a 19
spirit merchant's (retail) licence and after the commencement of 20
that section continued as a general licence that authorised only 21
the sale of liquor for consumption off the premises; and 22
(b) was in force immediately before the commencement of this 23
section. 24
17 Section 243 (Continuance of existing licences)
s 106 77 s 106
Liquor Amendment Bill 2001
`(2) For section 58A(1),18 the primary purpose of the business conducted 1
under the general licence is taken to be only selling liquor for consumption 2
off the premises. 3
`(3) Subsection (2) applies despite section 58A(3). 4
`261 Transitional provision for applications under pt 5 5
`(1) This section applies to an application made under part 5, but not 6
decided, before the commencement of this section. 7
`(2) Subject to subsections (3) and (4), the application must be decided 8
as if the Liquor Amendment Act 2001 had not commenced. 9
`(3) Section 105(2) to (4)19 applies to the application as if the application 10
had been made after the commencement of that section. 11
`(4) If the application is an application for an extended hours permit that 12
includes trading between 5 a.m. and 7 a.m., section 102B or 102C20 applies 13
to the application as if the application had been made after the 14
commencement of that section. 15
`262 Transitional provision for temporary authority 16
`(1) This section applies to a temporary authority granted before the 17
commencement of this section that continues after the commencement. 18
`(2) To remove doubt, it is declared that the temporary authority may be 19
extended under section 125(4)(b)21 as if the authority were an authority 20
granted after the commencement. 21
`263 Continuation of notices under s 187 22
`(1) This section applies if, immediately before the commencement of 23
this section, a written notice under section 187(2)22 was in force for 24
18 Section 58A (Primary purpose of a business conducted under a general licence)
19 Section 105 (Requirements for applications)
20 Section 102B (Application for an extended hours permit on a regular basis that
includes trading between 5 a.m. and 7 a.m.) or 102C (Other application for an
extended hours permit that includes trading between 5 a.m. and 7 a.m.)
21 Section 125 (Temporary authority)
22 Section 187 (Abatement of nuisance or dangerous activity)
s 107 78 s 107
Liquor Amendment Bill 2001
licensed premises in relation to noise coming from the premises or a utility 1
area for the premises. 2
`(2) On and after the commencement, the notice continues to have effect 3
as if the noise were unreasonable noise under section 187(5) and the notice 4
had been issued after the commencement. 5
`264 Effect of s 85(1C) in relation to club licences 6
`Section 85(1C) has effect in relation to a club licence even if, before the 7
commencement of this section, the holder of the licence could lawfully sell 8
or supply liquor from a facility ordinarily known as a drive-in or drive 9
through bottle shop. 10
`265 Review of licences 11
`(1) The chief executive must review every licence that is in force on the 12
commencement of this section to ensure that-- 13
(a) the conditions to which the licence is subject are not inconsistent 14
with the current Act; and 15
(b) the licence is endorsed with all conditions considered by the 16
chief executive as appropriate to be decided and stated in the 17
licence consequent on the enactment of the Liquor Amendment 18
Act 2001. 19
`(2) For reviewing a licence under subsection (1), the chief executive 20
may, by written notice to a licensee, direct the licensee to give the licence 21
to the chief executive within a stated reasonable time. 22
`(3) The licensee must comply with the notice unless the licensee has a 23
reasonable excuse. 24
Maximum penalty for subsection (3)--25 penalty units.'. 25
107 Amendment to omit headings following cross references
Clause 26
(1) This section applies to a section containing a cross reference to a 27
provision of the Act followed by the heading to the provision in round 28
brackets. 29
(2) The section is amended by omitting the brackets and the words in the 30
brackets. 31
79
Liquor Amendment Bill 2001
108 Amendment of schedule (Rules of clubs)
Clause 1
(1) Schedule, `92 of this Act'-- 2
omit, insert-- 3
`103D'. 4
(2) Schedule, paragraph (e)-- 5
omit. 6
(3) Schedule, paragraph (f)-- 7
renumber as paragraph (e). 8
80
Liquor Amendment Bill 2001
SCHEDULE 1
CONSEQUENTIAL AND MINOR AMENDMENTS 2
section 3 3
1 Section 4C(2), `body corporate'-- 4
omit, insert-- 5
`corporation'. 6
2 Section 27, penalty, after `Maximum penalty'-- 7
insert-- 8
`for subsection (2)'. 9
3 Section 29(a), `any of the members'-- 10
omit, insert-- 11
`the member, or any of the members,'. 12
4 Section 32(b), `fully'-- 13
omit. 14
5 Section 44, `Register of Licences and Permits'-- 15
omit, insert-- 16
`register'. 17
6 Section 46(1), `Register of Licences and Permits'-- 18
omit, insert-- 19
`register'. 20
81
Liquor Amendment Bill 2001
SCHEDULE (continued)
7 Section 59(4), `taken to be'-- 1
omit. 2
8 Section 66, `held in'-- 3
omit, insert-- 4
`held on'. 5
9 Part 4, division 4, subdivision 2, heading-- 6
omit, insert-- 7
`Subdivision 2--On-premises (function) licences'. 8
10 Part 4, division 4, subdivision 3, heading-- 9
omit, insert-- 10
`Subdivision 3--On-premises (cabaret) licences'. 11
11 Part 4, division 4, subdivision 4, heading-- 12
omit, insert-- 13
`Subdivision 4--On-premises (meals) licences'. 14
12 Part 4, division 4, subdivision 5, heading-- 15
omit, insert-- 16
`Subdivision 5--On-premises (transport) licences'. 17
13 Part 4, division 4, subdivision 6, heading-- 18
omit, insert-- 19
`Subdivision 6--On-premises (presentations) licences'. 20
82
Liquor Amendment Bill 2001
SCHEDULE (continued)
14 Section 88(5), penalty, `for subsection (5)'-- 1
omit. 2
15 Section 103D(4), penalty, `for subsection (4)'-- 3
omit. 4
16 Section 106(1), `body corporate'-- 5
omit, insert-- 6
`corporation'. 7
17 Section 107(2), `body corporate'-- 8
omit, insert-- 9
`corporation'. 10
18 Section 107B(1)(d), `body corporate'-- 11
omit, insert-- 12
`corporation'. 13
19 Section 113(2), from `to'-- 14
omit, insert-- 15
`to the Gaming Machine Act 1991, section 7823.'. 16
20 Section 117(1)(a), `and'-- 17
omit. 18
23 Gaming Machine Act 1991, section 78 (Certain applications under Liquor Act 1992
subject to chief executive's certificate)
83
Liquor Amendment Bill 2001
SCHEDULE (continued)
21 Section 121A(1)(a), `and'-- 1
omit. 2
22 Part 5, division 3, before section 133-- 3
insert-- 4
`Subdivision 1--Surrender of licences and permits'. 5
23 Part 5, division 3, before section 134-- 6
insert-- 7
`Subdivision 2--Cancellation, suspension and variation of permits'. 8
24 Section 134(3)(e), `body corporate'-- 9
omit, insert-- 10
`corporation'. 11
25 Section 141(2), penalty, after `Maximum penalty'-- 12
insert-- 13
`for subsection (2)'. 14
26 Section 142(2), penalty, after `Maximum penalty'-- 15
insert-- 16
`for subsection (2)'. 17
27 Part 6, division 1, heading, after `permittees,'-- 18
insert-- 19
`nominees,'. 20
84
Liquor Amendment Bill 2001
SCHEDULE (continued)
28 Section 155A, penalty, at the end of paragraph (a)-- 1
insert-- 2
`or'. 3
29 Section 156(3), penalty, at the end of paragraph (a)-- 4
insert-- 5
`or'. 6
30 Section 158(2), penalty, paragraph (a), `and'-- 7
omit, insert-- 8
`or'. 9
31 Section 158(4), `of a minor'-- 10
omit, insert-- 11
`, of a minor,'. 12
32 Section 175(4), penalty, from `, imprisonment'-- 13
omit, insert-- 14
`or 1 year's imprisonment.'. 15
33 Section 175(8), `, (b) and (c)'-- 16
omit, insert-- 17
`and (b)'. 18
34 Section 183A(1)(d), at the end of subparagraph (i)-- 19
insert-- 20
`or'. 21
85
Liquor Amendment Bill 2001
SCHEDULE (continued)
35 Section 187A(2)(b), `1997'-- 1
omit, insert-- 2
`2000'. 3
36 Section 203(1)(b)(i), `by regulation'-- 4
omit, insert-- 5
`under section 12'. 6
37 Section 203(1)(b)(ii), `paragraph'-- 7
omit, insert-- 8
`subparagraph'. 9
38 Section 203(2)(a) and (b), `or'-- 10
omit. 11
39 Section 204-- 12
omit. 13
40 Section 233(a), `Register of Licences and Permits kept under this 14
Act'-- 15
omit, insert-- 16
`register'. 17
41 Section 248(2), penalty, after `Maximum penalty'-- 18
insert-- 19
`for subsection (2)'. 20
86
Liquor Amendment Bill 2001
1
© State of Queensland 2001
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