Liquor Act 1975 (ACT)

Liquor Act 1975 (repealed)   

A1975-19

Republication No 33

Effective:  1 December 2010

Republication date: 1 December 2010

As repealed by A2010-35 s 230 (1)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Liquor Act 1975 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 December 2010. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at republications to which the Legislation Act 2001 applies

·     unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Liquor Act 1975 (repealed)

Contents

Page

Part 1Preliminary

1Name of Act  2

2Object of Act  2

3Dictionary  2

4Notes  2

5Offences against Act––application of Criminal Code etc 3

6Meaning of sale of liquor to another person  3

7Licence issued in name of 2 or more people  3

8Approval for training programs  3

9Application of Act  4

Part 2Enforcement

25Powers of entry  6

26Production of licences and permits  8

27Seizure  8

28Return or forfeiture  10

29Summary disposal  11

30People under 18—powers of inspectors and police officers                 12

31Cautioning young people  15

32Revocation of cautions  18

Part 3Standards for licensed premises

33Licensing standards manual  19

34Amendment and repeal of manual  20

37Inspection of manual  20

39Saving of operation of Building Act  20

40Public areas  20

40A           Bar-rooms  21

41Occupancy loadings—indoor public areas  21

42Occupancy loadings—outdoor public areas  23

43Display of signs  24

Part 4Licences

Division 4.1                  Classes of licences

44Classes of licences  25

45General licences  25

46On licences  25

47Off licences  26

48Club licences  26

49Special licences  26

Division 4.2                  Issue of licences

50Application for licence  27

51Class of licences  27

52Issue of licences—relevant considerations  27

53Issue of licences—training condition  29

54Issue and transfer of club licences—conditions  29

55Issue of special licences  31

56Licence not to be issued if premises incomplete  31

57Issue of licences  32

58Duration of licence  32

Division 4.3                  Renewal of licences

59Renewal  33

60Duration of renewal  33

61Failure to renew or pay instalment  34

Division 4.4                  Records

62Records of liquor transactions  34

Division 4.5                  Transfer of licences

63Transfer  35

64Transfer—relevant considerations  35

65Transfer of licences—training condition  37

Division 4.6                  Surrender of licences

66Definition of conditional surrender for div 4.6  38

67Cancellation on surrender  38

Division 4.7                  Licences held by partnerships

68Application of s 71 and s 72  39

69Notice of partnership  39

70Partnership changes—training  40

71Rights and liabilities of partners  41

72Suspension or cancellation of partner’s licence  41

Division 4.8                  Licences held by corporations

73Information about influential people  41

74Changes in influential personnel  42

75Changes in influential personnel—training  43

Part 5Control and conduct of licensees

Division 5.1                  Preliminary

76Application to partnerships  44

Division 5.2                  Complaints

77Who may complain?  44

78Form of complaint  44

79Withdrawal of complaints  45

80Further information about complaint etc  45

81Investigation of complaint  46

82No further action on complaint  46

83Action after investigating complaint  46

Division 5.3                  Occupational discipline —licensees

84Grounds for occupational discipline  47

85Application to ACAT for occupational discipline  50

Part 6Alteration of licensed premises

86Application for alteration  51

87Decision by commissioner  51

88Relevant considerations  51

89Offences  52

Part 7Closure of licensed premises

90Application for closure  53

91Decision of commissioner  53

92Relevant considerations  54

93Offences  54

Part 8Temporary extension of off licence premises

104Authorisation—off licences  55

105Notice  55

Part 9Permits

Division 9.1                  Kinds of permits

106What is a permit?  56

106A          What is a liquor permit?  56

106B          What is a non-profit organisation wine permit?  56

106C          What is a tourism wine permit?  57

106D          Meaning of amount in a permit  57

Division 9.2                  Issue of permits

107Application for permit  57

108Consideration of application  57

109A          Criteria for liquor permit  58

109B          Criteria for non-profit organisation wine permit  59

109C          Criteria for tourism wine permit  60

110Permit conditions may differ from application  61

110A       Permit to be subject to condition about smoking  61

111 Conditions to be stated in permit  61

112Source of liquor to be endorsed on permit  61

113Refund of permit fees  62

114Return of permits to commissioner  63

Division 9.3                  Cancellation of permits

115Application to partnerships  63

116Ground for cancellation  63

117Complaints  64

118Decision of commissioner  64

Part 10Offences

Division 10.1               General

120Definition of non-trading day for pt 10  65

121General licence—minimum bar trading hours  65

122On licence—minimum bar trading hours  66

123Special licences—conditions  66

124Permits—conditions  66

125Return of licences to commissioner  67

126Provision of food  67

127Notices about food  67

128Cleanliness of licensed premises  68

129Maintenance of licensed premises  68

130Notices of bar trading hours  68

131Sexually explicit entertainment  69

132Notice of absence from licensed premises  69

133Change in control of licensed premises  70

134Sale of petrol at licensed premises  70

135Sale of liquor—general  70

136Supply of liquor by licensed clubs  70

137Advertising by licensed clubs  71

138Sale or supply of liquor to intoxicated people  71

139Consumption of liquor in certain public places  71

141Sale of adulterated liquor  73

142People on licensed premises after hours  73

143Exclusion of persons from licensed premises  74

144People on licensed premises for unlawful purposes  74

145Keeping licences on licensed premises  74

146Consumption of liquor on off licence premises  74

147Consumption of liquor on business premises  75

148Exceeding occupancy loading  76

149Failing to display occupancy loading signs  76

150Failing to require patrons to leave  76

Division 10.2               Under-age drinking

151Definitions for div 10.2  76

152Sale or supply of liquor to under-age people  77

153Offence by licensee for possession or consumption of liquor by under-age people 78

154Buying, possession and consumption of liquor by

under-age people  78

155Sending under-age people to obtain liquor  79

156Entry to bar-rooms by under-age people etc  79

157Licensee allowing entry to bar-rooms by under-age people                 80

158False identification  81

Part 11Evidence

159Liquor  83

160Licensees and permit-holders  84

161Occupancy loading  84

Part 12Notification and review of decisions

162Meaning of reviewable decision—pt 12  85

163Reviewable decision notices  85

164Applications for review  85

Part 14Miscellaneous

175Proof of age cards  86

176Licences and permits not personal property—PPS Act  86

177Acts and omissions of representatives  86

177A          Breath analysis tests on licensed premises  87

178Proceedings for offences  89

179Determination of fees  89

180Approved forms  89

181Regulation-making power  89

Schedule 1Reviewable decisions  90

Dictionary93

Endnotes

1About the endnotes  99

2Abbreviation key  99

3Legislation history  100

4Amendment history  110

5Earlier republications  151

6Uncommenced amendments  152

Liquor Act 1975 (repealed)

An Act relating to the sale of liquor, and for related purposes

Part 1Preliminary

1Name of Act

This Act is the Liquor Act 1975.

2Object of Act

The object of this Act is to promote and encourage responsibility in the sale and consumption of liquor through the establishment of a scheme of liquor licences and permits.

3Dictionary

The dictionary at the end of this Act is part of this Act.

Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘licensing standards manual—see section 33.’ means that the term ‘licensing standards manual’ is defined in that section.

Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4Notes

A note included in this Act is explanatory and is not part of this Act.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

5Offences against Act––application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

·     s 139 (Consumption of liquor in certain public places).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

6Meaning of sale of liquor to another person

For this Act, a person is taken to sell liquor to another person if the person supplies liquor to that person for, or in expectation of, any reward or benefit to be paid or provided by that person or any other person, whether or not any person is under an obligation to pay or provide a reward or benefit.

7Licence issued in name of 2 or more people

If a licence is issued in the names of 2 or more people, a reference in this Act to a licensee includes a reference to each of those persons.

8Approval for training programs

The commissioner may, in writing, approve a person or body to conduct a training program for this Act.

9Application of Act

(1)Subject to this section, the provisions of this Act relating to the sale of liquor do not apply to or in relation to—

(a)the duty-free sale of liquor; or

(b)the administration, dispensing or sale of liquor for medicinal purposes—

(i)by or under the direction of a doctor; or

(ii)by a pharmacist; or

(c)the sale of liquor in a Defence Force mess, canteen, camp or post by the permission, and under the control, of the Defence Force authorities; or

(d)the sale, at a canteen or club established or conducted under the Army and Air Force Canteen Service Regulations 1959, (Cwlth) of liquor by the Army and Air Force Canteen Service Board of Management to a person—

(i)who is a member of the Australian Defence Force or the naval, military or air force of a foreign country; or

(ii)who is an officer or employee of the Department of Defence; or

(iii)who is employed by the Army and Air Force Canteen Service Board of Management; or

(iv)who is employed at a special defence undertaking within the meaning of the Defence (Special Undertakings) Act 1952 (Cwlth), section 6; or

(v)who is in the canteen or club at the invitation of a person mentioned in subparagraph (i), (ii), (iii) or (iv); or

(e)the sale of liquor in Parliament House; or

(f)the honest sale by auction by an auctioneer, in the ordinary course of the auctioneer’s business, of liquor on account of someone else; or

(g)the sale by, or on behalf of, the Commonwealth or the Territory of liquor seized under a law in force in the ACT; or

(h)the sale of liquor in an exempt university building.

(2)A person must not sell or purchase liquor in an exempt university building in contravention of a statute of that university.

Maximum penalty:  10 penalty units.

(3)In this section:

exempt university building means a building that is occupied by—

(a)a university; or

(b)a residential college affiliated with a university under a statute of that university;

in which the sale of liquor is authorised by a statute of that university.

Part 2Enforcement

25Powers of entry

(1)An inspector may, at any time when the sale of liquor is authorised by a licence or permit, enter and inspect the premises in relation to which the licence or permit was issued.

(2)An inspector may enter and inspect any premises at any time when there are reasonable grounds for suspecting that liquor is being sold on the premises.

(3)An inspector who enters premises under this section is not entitled to remain on the premises if, on request by the occupier or licensee of the premises, the inspector does not produce his or her identity card.

(4)An inspector who enters premises under this section may—

(a)examine, take stock of and take samples of any liquor on the premises; and

(b)inspect any books, documents or other papers on the premises; and

(c)remove any books, documents or papers from the premises for the purpose of having copies made; and

(d)take reasonable measures to count the people in a public area within the premises; and

(e)if the inspector believes on reasonable grounds that the number of people in a public area within the premises exceeds the occupancy loading decided under section 41 or section 42 for that public area—direct the licensee to require people to leave that public area; and

(f)if—

(i)the licensee fails to comply with a direction under paragraph (e); or

(ii)people remain in the public area of the premises after being required by the licensee to leave that area;

with the force and assistance that is necessary and reasonable, remove people from that public area.

(5)An inspector may keep a book, document or paper removed from premises under subsection (4) for so long as is reasonably necessary for the purpose of having copies of the book, document or paper made.

(6)An inspector who takes a sample of liquor under subsection (4) must—

(a)divide the sample so taken into approximately equal parts and put each part in a sealed container to which is attached a label bearing—

(i)the signature of the inspector; and

(ii)particulars of the premises where the sample was taken; and

(iii)particulars of the date and time when the sample was taken; and

(b)give 1 of the containers to the person apparently in charge of the premises for the time being and the other container to an approved analyst.

(7)In any proceedings in a court, a certificate signed by an approved analyst and stating the result of analysis of the contents of a container given to the analyst by an inspector is evidence of the matters stated in the certificate.

(8)For subsection (7), a document that purports to be signed by an approved analyst is taken to be so signed unless the contrary is proved.

(9)A person must not, except for this Act or in the course of proceedings in a court in relation to an offence, make a record of, or divulge to another person, information acquired because of the inspection of books, documents or papers under this section.

(10)This section, other than subsection (3), applies to and in relation to a police officer as if the officer were an inspector.

(11)In this section:

approved analyst means a person approved by the commissioner for this section.

liquor, for subsections (4) and (6), includes any liquid in relation to which there are reasonable grounds for believing the liquid to contain alcohol.

26Production of licences and permits

(1)An inspector or police officer may, while lawfully on licensed premises or premises specified in a permit, demand that the licensee or permit-holder produce the licence or permit.

(2)A licensee or permit-holder must not, without reasonable excuse, fail to comply with a demand made under subsection (1).

Maximum penalty (subsection (2)):  10 penalty units.

27Seizure

(1)An inspector or police officer may seize as much of any liquor that he or she has reasonable grounds for suspecting to be connected with the commission of an offence against this Act as is, in the opinion of the inspector or officer, necessary for the purposes of adducing evidence of the commission of the offence at the hearing of a prosecution for the offence.

(2)Subject to subsection (3), an inspector or police officer may seize any liquor within the meaning of any of the following sections that the inspector or police officer has reasonable grounds for suspecting to be connected with the commission of an offence against the section:

(a)section 139 (Consumption of liquor in certain public places);

(b)section 152 (Sale or supply of liquor to under-age people);

(c)section 153 (Offence by licensee for possession or consumption of liquor by under-age people);

(d)section 154 (Buying, possession and consumption of liquor by

under-age people);

(e)section 155 (Sending under-age people to obtain liquor).

(3)An inspector or police officer must not seize liquor that he or she has reasonable grounds for suspecting to be connected with the commission of an offence against section 139 unless he or she has informed the person in possession of the liquor of the reason why the liquor is being seized.

(4)An inspector is not authorised to seize liquor from a person if, on being requested by the person to produce his or her identity card, the inspector fails to do so.

(5)For this section—

(a)a beverage in a container that purports to contain liquor; or

(b)a beverage that there are reasonable grounds for believing has been taken from a container that purports to contain liquor; or

(c)a beverage that is held out as being liquor and that is or has been sold or held for the purpose of sale in premises where the sale of liquor is authorised;

is taken to be liquor unless the contrary is established.

28Return or forfeiture

(1)An inspector or police officer who seizes liquor in accordance with section 27 must give a receipt for the liquor to the person from whom it was seized as soon as is practicable unless in all the circumstances it would be unreasonable to expect a receipt to be given.

(2)On the request, made within 14 days after the liquor is seized—

(a)if the person is, or is reasonably believed to be, under 18 years old—of the person or a parent or guardian of the person; or

(b)in any other case—of the person from whom it was seized;

the inspector or police officer must give a sample of the liquor to the person who made the request.

(3)When giving a sample, the inspector or police officer must—

(a)put a sample of the liquor that is sufficient for the purposes of analysis in a container; and

(b)seal the container and attach to it a label bearing—

(i)the signature of the inspector or officer; and

(ii)particulars of the place where the liquor was seized; and

(iii)particulars of the date and time when the liquor was seized.

(4)If a prosecution for an offence in relation to the liquor is not instituted within the period of 60 days after its seizure—

(a)if the inspector or officer who seized the liquor is satisfied that the person from whom it was seized is at least 18 years

old—reasonable steps must be taken to return the liquor to the person within the period of 120 days after its seizure; or

(b)if the person from whom the liquor was seized is, or is reasonably believed to be, under 18 years old—on the request (made within that period of 120 days) of a parent or guardian of the person, the liquor must be returned to the parent or guardian, within 14 days after the request was made, or within 14 days after the end of that period of 60 days, whichever is later.

(5)If a person is convicted of an offence in relation to the seized liquor, or the liquor is not returned under subsection (4), the liquor is forfeited to the Territory and may be disposed of as the commissioner directs.

(6)For this section—

(a)a beverage in a container that purports to contain liquor; or

(b)a beverage that there are reasonable grounds for believing has been taken from a container that purports to contain liquor; or

(c)a beverage that is held out as being liquor and that is or has been sold or held for the purpose of sale in premises where the sale of liquor is authorised;

is taken to be liquor unless the contrary is established.

(7)This section does not apply in relation to liquor dealt with in accordance with section 29.

29Summary disposal

(1)If an inspector or police officer has informed a person in accordance with section 27 (3) of the reason why liquor is being seized, the inspector or officer may dispose of the liquor as soon as is practicable unless the person indicates by any means whatever that he or she believes that the reason given by the inspector or officer is incorrect.

(2)If liquor is disposed of under subsection (1)—

(a)the person from whom it was seized must not be prosecuted for an offence in relation to the liquor; and

(b)a caution must not be issued to the person in relation to any act done in relation to the liquor.

30People under 18—powers of inspectors and police officers

(1)If—

(a)an inspector or police officer has reasonable grounds for suspecting that a person (the young person) has done or is doing anything that—

(i)would constitute an offence against section 154 or section 156 if the young person were under 18 years old; or

(ii)constitutes an offence against section 158; and

(b)the inspector or officer has reasonable grounds for suspecting that the young person is under 18 years old;

the inspector or officer may—

(c)subject to subsection (3), require the young person to give the young person’s name, home address and age to the inspector or officer; and

(d)if—

(i)the young person refuses to give his or her name, address or age; or

(ii)the inspector or officer has reasonable grounds for suspecting that the young person has not given his or her correct name, address or age; or

(iii)the inspector or officer is not satisfied that the young person is 18 years old or older;

apprehend the young person using reasonable and necessary force.

(2)If—

(a)an inspector or police officer has reasonable grounds for suspecting that a person has done or is doing anything in relation to another person (the young person) that would constitute an offence against section 152 or section 155 if the young person were under 18 years old; and

(b)the inspector or officer has reasonable grounds for suspecting that the young person is under that age;

the inspector or officer may—

(c)subject to subsection (3), require the young person to give his or her name, address and age to the inspector or officer; and

(d)if—

(i)the young person refuses to give his or her name, address or age; or

(ii)the inspector or officer has reasonable grounds for suspecting that the young person has not given his or her correct name, address or age; or

(iii)the inspector or officer is not satisfied that the young person is 18 years old or older;

apprehend the young person using reasonable and necessary force.

(3)An inspector must not make a requirement of a person under subsection (1) (c) or (2) (c) unless immediately before making the request the inspector displays his or her identity card to the person.

(4)A person must not, without reasonable excuse, contravene a requirement made of him or her in accordance with subsection (1) (c) or (2) (c).

Maximum penalty:  5 penalty units.

(5)If, in response to a requirement made of him or her under subsection (1) (c) or (2) (c), a young person produces to an inspector or police officer a form of identification (other than a passport) that the inspector or officer has reasonable grounds for suspecting does not belong to the young person or is forged, the inspector or officer may seize that form of identification.

(6)If an inspector apprehends a young person, the inspector must—

(a)deliver the young person to a police officer as soon as practicable; and

(b)give to the police officer any liquor seized under section 27 (2) from the young person or the person first mentioned in subsection (2) of this section; and

(c)give to the police officer any form of identification seized under subsection (5).

(7)If—

(a)a police officer apprehends a young person; or

(b)an inspector delivers a young person to a police officer who is not at a police station;

the officer must take the young person to a police station as soon as practicable.

(8)If—

(a)an inspector seizes a form of identification under subsection (5) and does not apprehend the young person from whom the identification is seized; or

(b)a police officer seizes a form of identification under subsection (5); or

(c)a police officer has a form of identification given to him or her in accordance with subsection (6) (c);

the inspector or police officer must take necessary and reasonable force to decide whether the form of identification belongs to the young person from whom it was seized or is forged.

(9)If, after taking action under subsection (8), the inspector or officer is satisfied that the form of identification does belong to the young person from whom it was seized and is not forged, he or she must return the form of identification to the young person as soon as practicable.

31Cautioning young people

(1)If—

(a)a young person has been apprehended under section 30 (1) or (2); and

(b)it appears from the police records that a caution has not been issued to the young person within the last 12 months; and

(c)the police officer who apprehended the young person, or to whom the young person was delivered, is not satisfied that the young person is 18 years old or older;

the officer may issue a caution to the young person.

(2)If a caution is issued to a young person, the young person must not be prosecuted for an offence constituted by the thing done by the young person as mentioned in section 30 (1) (a).

(3)If—

(a)a young person has been apprehended under section 30 (1) or (2); and

(b)it appears from the police records that a caution has not been issued to the young person within the last 12 months; and

(c)the young person is prosecuted for an offence constituted by the thing done by the young person as mentioned in section 30 (1) (a);

any particulars of the young person’s name, address or age given by the young person to an inspector or police officer in relation to that thing (whether or not the particulars were given in compliance with a requirement made of the young person under section 30 (1) (c) or (2) (c)) must not be used in evidence against the young person except in proceedings for an offence against section 30 (4).

(4)If—

(a)a young person has been apprehended under section 30 (1) or (2); and

(b)it appears from the police records that a caution has been issued to the young person within the last 12 months; and

(c)the police officer who apprehended the young person, or to whom the young person was delivered, is not satisfied that the young person is 18 years old or older;

then—

(d)subject to any other law in force in the ACT, the young person may be prosecuted for the offence constituted by the thing done by the young person as mentioned in section 30 (1) (a); and

(e)any particulars of the young person’s name, address or age given by the young person at any time (whether or not the particulars were given in compliance with a requirement made of the young person under section 30 (1) (c) or (2) (c)) may be used in evidence against the young person in proceedings for that offence.

(5)If a caution is issued to a young person, or a young person is charged with an offence against this Act, the caution must be issued, or the young person must be charged, within a reasonable time after the young person is delivered to a police officer at a police station or taken by a police officer to a police station.

(6)As soon as practicable—

(a)if a caution is issued to a young person, or a young person is charged with an offence against this Act—after the caution is issued or the young person is charged; or

(b)in any other case—after the young person is delivered to a police officer at a police station or taken by a police officer to a police station;

the police officer must—

(c)release the young person; or

(d)arrange for the young person to be escorted to the young person’s home; or

(e)arrange for a parent or guardian of the young person to come to the police station to take charge of the young person.

(7)A caution must—

(a)be in writing; and

(b)specify the date when it is issued; and

(c)specify the thing done by the young person as mentioned in section 30 (1) (a); and

(d)warn the young person that if the young person does anything that constitutes an offence against section 154 or section 156 within 12 months after the date when the caution is issued—

(i)the young person may be prosecuted for an offence against the relevant section; and

(ii)any particulars of the young person’s name, address or age given by the young person at any time (whether or not the particulars were given in compliance with a requirement made of the young person under section 30 (1) (c) or (2) (c)) may be used in evidence against the young person in proceedings for that offence; and

(e)be signed by the police officer who issued it.

(8)A police officer who issues a caution must—

(a)cause the original caution to be kept in police records; and

(b)give a copy of the caution—

(i)to the young person or a parent or guardian of the young person; and

(ii)to the commissioner.

32Revocation of cautions

(1)The chief police officer may revoke a caution if satisfied that—

(a)the caution was not issued in accordance with section 31; or

(b)the young person to whom the caution was issued was not apprehended in accordance with section 30 (1) or (2) (People under 18—powers of inspectors and police officers).

(2)If the chief police officer revokes a caution, the chief police officer must—

(a)arrange for the caution to be removed from police records and destroyed; and

(b)take reasonable steps to notify the person to whom the caution was issued of the revocation; and

(c)notify the commissioner of the revocation.

Part 3Standards for licensed premises

33Licensing standards manual

(1)The commissioner must, in writing, make a manual (the licensing standards manual, or manual).

(2)The commissioner must set out in the manual the general standards, approved in writing by the Minister, with which licensed premises and their licensees are required to comply.

(3)Without limiting subsection (2), the general standards must deal with—

(a)the construction of licensed premises and their fittings; and

(b)the conduct of licensed premises by licensees.

(4)Without limiting subsections (2) and (3), the general standards may deal with—

(a)occupancy loadings; and

(b)security; and

(c)toilet facilities; and

(d)entry and exit doors; and

(e)lighting and heating, cooling and ventilating of premises; and

(f)the display of notices and signs; and

(g)checking people’s proof of age; and

(h)the conduct of functions for people under 18 years old; and

(i)bars and counters for serving or drinking liquor; and

(j)facilities and equipment for preparing or eating food; and

(k)outdoor areas; and

(l)guest accommodation for premises that include guest accommodation; and

(m)areas for dancing.

(5)The manual is a disallowable instrument.

Note 1A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Note 2The Evidence Act 1971, s 15 sets out when a machine copy or reproduction of a document is admissible as evidence.

34Amendment and repeal of manual

(1)With the Minister’s written approval, the commissioner may, in writing, amend or repeal the manual.

(2)An amendment or repeal is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

37Inspection of manual

(1)The commissioner must keep a copy of the manual at the commissioner’s office at all times.

(2)Any person may, on request made when the office of the commissioner is open for business, inspect the copy of the manual kept by the commissioner.

39Saving of operation of Building Act

This Act does not affect the operation of the Building Act 2004.

40Public areas

(1)This section applies to premises if—

(a)a general, club or special licence is in force for the premises; or

(b)an application for a general, club, on or special licence has been made for the premises.

(2)The commissioner must, in writing, decide which parts of the premises are indoor public areas and which are outdoor public areas for this Act.

(3)If the commissioner makes a decision under subsection (2) in relation to an indoor public area, the commissioner must give the chief officer (fire brigade) written notice of the decision.

40ABar-rooms

(1)This section applies to premises—

(a)in relation to which a general, club, on or special licence is in force; or

(b)in relation to which an application for a general, club, on or special licence has been made.

(2)The commissioner must, in writing, decide which areas of the premises are bar-rooms and which are not bar-rooms for this Act.

41Occupancy loadings—indoor public areas

(1)In this section:

occupancy loading, in relation to an indoor public area, means the maximum number of people that the area can accommodate without involving a contravention of the building code, part D1.6.

(2)The chief officer (fire brigade) must, on receiving notice of the commissioner’s decision under section 40 (2), give the commissioner the chief officer’s written recommendation, made having regard to the building code, part D1.13, about the occupancy loading of each relevant indoor public area.

(3)On receiving the recommendation of chief officer (fire brigade), the commissioner must, by written notice given to the relevant licensee or applicant for a licence, decide the occupancy loading for each relevant indoor public area.

(4)In deciding the occupancy loading for an indoor public area, the commissioner—

(a)must have regard to the recommendation of chief officer (fire brigade); and

(b)may have regard to any other relevant matter, including, for example, the following:

(i)the fittings and standard of fittings available for the area; or

(ii)the location, standard and number of toilets available for the area.

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(5)For subsection (1), the chief officer (fire brigade) may, by written notice to the licensee or applicant for a licence in relation to whose premises an occupancy loading for an indoor public area is to be decided, require that person to provide the chief officer (fire brigade) with a fire engineering study prepared in accordance with the notice within the period specified in the notice, or within any extended period approved by the chief officer (fire brigade) in writing.

(6)A notice under subsection (5) must require the fire engineering study to be prepared by a specified person, or by a person chosen from a specified list of people.

(7)If a person fails to comply with a notice under subsection (5), the chief officer (fire brigade) may cause a fire engineering study to be prepared for subsection (1).

(8)For the purposes of preparing a fire engineering study under subsection (7), a person authorised by the chief officer (fire brigade) in writing for the purpose may conduct the investigation that he or she considers necessary and reasonable.

(9)The licensee or the applicant for a licence whose premises are the subject of a fire engineering study being prepared under subsection (7) must give a person carrying out an investigation under subsection (6) all reasonable assistance, and all reasonable information, requested by the person.

(10)The amount of any expenses necessarily and reasonably incurred by or on behalf of the Territory in the course of the preparation of a fire engineering study under subsection (7) is a debt owing to the Territory by the licensee or the applicant for the licence whose premises are the subject of the study.

42Occupancy loadings—outdoor public areas

(1)In this section:

occupancy loading, in relation to an outdoor public area, means the maximum number of people that the area can accommodate, in the commissioner’s opinion, having regard to the matters mentioned in this section.

(2)If the commissioner has made a decision in relation to an outdoor public area under section 40 (2), the commissioner must, by written notice, decide the occupancy loading for the area.

(3)In making a decision under subsection (2), the commissioner must have regard to the standard and availability of any facilities for patrons of the licensee using the outdoor public area (or proposed outdoor public area) that affect, or that would affect, the amenity of the area or the health or safety of the patrons or members of the public.

(4)Without limiting subsection (3), the matters the commissioner may have regard to in making a decision under subsection (2) include the following:

(a)the location of the area;

(b)the standard and availability of furnishings for the use of patrons in the area;

(c)the location, standard and number of toilets available (or to be made available) for the use of patrons using the area;

(d)the appropriateness and adequacy of the barrier that delineates (or that is to delineate) the boundaries of the area.

43Display of signs

If the commissioner has decided an occupancy loading under section 41 (3) or section 42 (2) in relation to a public area within premises, the licensee must, while a licence is in force in relation to the premises, display at each entrance to the public area a sign, approved by the commissioner, stating the occupancy loading for the public area.

Part 4Licences

Division 4.1               Classes of licences

44Classes of licences

The commissioner may authorise the issue of licences of the following classes:

(a)general licences;

(b)on licences;

(c)off licences;

(d)club licences;

(e)special licences.

45General licences

(1)A general licence authorises the licensee to sell liquor on the licensed premises—

(a)in relation to a sale for consumption on the premises—at any time or, if times are prescribed, at those times; and

(b)in relation to a sale for consumption away from the premises—at any time or, if times are prescribed, at those times.

(2)However, the regulations may provide that a general licence does not authorise the licensee to sell liquor, or liquor of a prescribed kind, in a container of a prescribed kind within a prescribed period.

46On licences

An on licence authorises the licensee to sell liquor on the licensed premises at any time or, if times are prescribed, at those times to persons for consumption on those premises.

47Off licences

(1)An off licence authorises the licensee to sell liquor on the licensed premises at any time or, if times are prescribed, at those times in sealed containers to people for consumption away from those premises.

(2)However, the regulations may provide that an off licence does not authorise the licensee to sell liquor, or liquor of a prescribed kind, in a container of a prescribed kind within a prescribed period.

48Club licences

(1)A club licence authorises the club by which the licence is held to supply liquor on the licensed premises of the club to—

(a)members of the club; and

(b)people on those premises at the invitation of a member of the club who is present on those premises.

(2)The supply of liquor under subsection (1) may be—

(a)in relation to the supply for consumption on the licensed premises—at any time or, if times are prescribed, at those times; and

(b)in relation to the supply for consumption away from the premises—at any time or, if times are prescribed, at those times.

(3)However, the regulations may provide that a club licence does not authorise the licensee to sell liquor, or liquor of a prescribed kind, in a container of a prescribed kind within a prescribed period.

49Special licences

(1)A special licence authorises the sale of liquor—

(a)at the times specified in the licence other than prescribed times; and

(b)on the premises and in the places, and subject to the conditions, specified in the licence.

(2)However, the regulations may provide that a special licence does not authorise the licensee to sell liquor, or liquor of a prescribed kind, in a container of a prescribed kind within a prescribed period.

Division 4.2               Issue of licences

50Application for licence

(1)An application for the issue of a licence must be made to the commissioner.

(2)As soon as reasonably practicable, the commissioner must consider the application and, subject to the requirements of this Act in relation to the application, must, in writing—

(a)if satisfied that, on the material being considered, there is no substantial ground on which to refuse to issue the licence applied for—agree to issue the licence; and

(b)if satisfied that, on the material being considered, there is no substantial ground on which to issue the licence applied for—refuse to issue the licence.

51Class of licences

If a decision is made to issue a licence to an applicant, the licence must be issued for the class applied for, unless the commissioner believes on reasonable grounds that a licence of a different class should be issued.

52Issue of licences—relevant considerations

(1)For the purposes of making a decision in relation to an application for a licence, the commissioner must consider the following matters:

(a)whether the applicant is a fit and proper person to hold a licence;

(b)whether the premises in relation to which the licence is sought are fit and proper premises for the purpose of the licence;

(c)whether the conditions of the Crown lease over the premises are appropriate conditions for the purpose of the licence applied for;

(d)the applicant’s age;

(e)the applicant’s understanding of the obligations of a licensee under this Act;

(f)whether the applicant has been convicted of a defined offence;

(g)whether the applicant has contravened a provision of this Act, or a direction;

(h)whether the applicant is an undischarged bankrupt;

(i)if the applicant is a corporation—whether the applicant is in liquidation;

(j)the provisions of the manual as they relate to the premises in relation to which the licence is sought, and to any proposed alterations to those premises.

(2)If the commissioner has reasonable grounds for believing that an applicant intends to hold the licence for the purposes of a partnership, a reference in this section to the applicant includes a reference to each of the partners who the commissioner has reasonable grounds for believing intends to be concerned in, or to take part in, the management of the partnership’s business in relation to the licence, whether or not the partner’s name appears on the application.

(3)If an applicant for a licence is a corporation, a reference in this section to the applicant (including a reference under subsection (2) to a partner of an applicant) includes a reference to a defined influential person in relation to the corporation.

53Issue of licences—training condition

(1)If the commissioner believes on reasonable grounds that an applicant for a licence does not sufficiently understand the obligations of a licensee under this Act, the commissioner may issue the licence subject to the condition that the applicant undertake a stated approved training program in relation to the obligations within a stated reasonable time after the issue of the licence.

(2)If the commissioner believes on reasonable grounds that an applicant for a licence intends to hold the licence for a partnership, a reference in this section to the applicant includes a reference to each of the partners the commissioner believes on reasonable grounds intends to be concerned in, or to take part in, the management of the partnership’s business in relation to the licence, whether or not the partner’s name appears on the application.

(3)If an applicant for a licence is a corporation, a reference in this section to the applicant (including a reference under subsection (2) to a partner of an applicant) includes a reference to a defined influential person in relation to the corporation.

54Issue and transfer of club licences—conditions

(1)The commissioner must not agree to the issue, or approve the transfer, of a club licence except to a club that is a corporation.

(2)The commissioner must not agree to the issue, or approve the transfer, of a club licence to a club unless—

(a)the club is established for the purpose of recreation or for promoting social, religious, political, literary, scientific, artistic, sporting or athletic purposes or other purposes approved by the Minister; and

(b)the constitution or rules of the club provide for the nomination or election of financial members (other than foundation members) and for the keeping of a record of each such nomination and election for a period not less than 2 years; and

(c)the constitution or rules of the club provide that a person who is not a member of the club must not be supplied with liquor on the premises of the club unless the person is on the premises of the club at the invitation of a member of the club who is present on the premises of the club; and

(d)the constitution or rules of the club provide that the club must hold a meeting of the members of the club once at least in every 3 calendar years for the purpose of electing members of a committee to manage the affairs of the club; and

(e)the constitution or rules of the club provide that the club must not make to any officer, member or employee of the club any payment by way of commission, profit or allowance from or on the receipts from the supply of liquor on the premises of the club.

(3)The commissioner must not agree to the issue of a club licence unless the applicant club, on the day immediately before the day when application was made for the licence, had not less than 200 financial members who were at least 18 years old.

(4)The commissioner must not approve the transfer of a club licence to a club unless the club, on the day immediately before the day when application was made for the transfer of the licence, had not less than 200 financial members who were at least 18 years old.

(5)If, in relation to premises situated on land held under a lease granted by or in the name of the Commonwealth, there is in force a general licence, the commissioner must not agree to the issue, or approve the transfer, of a club licence to a club if the premises of the club are situated on that land.

(6)Except with the consent of the commissioner, the constitution or rules of a club that is the holder of a club licence must not be amended in relation to—

(a)the objects of the club; or

(b)the admission of people to membership of the club; or

(c)the supply of liquor, on the premises of the club, to people who are not members of the club; or

(d)the holding of meetings of members of the club for the purpose of electing a committee to manage the affairs of the club; or

(e)the making of payments to officers, members or employees of the club by way of commission, profit or allowance from or on the receipts from the supply of liquor on the premises of the club.

(7)An amendment of the constitution or rules of a club made in contravention of subsection (6) is of no effect for any purpose.

55Issue of special licences

(1)If the commissioner authorises the issue of a special licence, the licence must be issued subject to the conditions the commissioner considers to be in the public interest.

(2)A special licence must specify the conditions subject to which it is issued.

56Licence not to be issued if premises incomplete

(1)This section applies if—

(a)the commissioner agrees to issue a licence for premises; and

(b)the premises have not been erected or altered in accordance with plans and specifications lodged with the application for the licence.

(2)The commissioner must not issue the licence until the person to whom the licence is to be issued produces a certificate (a completion certificate) issued under the Building Act 2004, part 5 (Building occupancy) for the premises.

(3)If a completion certificate is not produced to the commissioner before the end of 1 year after the day the commissioner agreed to issue the licence, or any further time the commissioner allows, the authority for the issue of the licence is taken to have been revoked.

57Issue of licences

(1)If the commissioner agrees to issue a licence to an applicant, the commissioner must issue the licence.

NoteA fee may be determined under s 179 for the issue of a licence.

(2)The commissioner must endorse on the licence any relevant particulars about the applicant that were in the application or were given to the commissioner under division 4.7 (Licences held by partnerships) or division 4.8 (Licences held by corporations).

58Duration of licence

(1)A licence comes into force on the day when it is issued.

(2)Subject to this Act, a licence, unless renewed, remains in force—

(a)if, on the day when the issue of the licence is approved, a decision under subsection (3) is in force in relation to the licence—until the end of the day specified in the decision; and

(b)if, at the request of the applicant for the licence, the commissioner directs that the licence end on a day earlier than the day when, apart from the direction, the licence would have ended—until the end of the day stated in the direction; and

(c)in any other case—until the end of the 30 November after the day when the licence was issued.

(3)The commissioner may by notice in writing decide that licences cease to be in force on a day other than the day mentioned in subsection (2) (c).

NoteThe power of the commissioner to decide that licences cease to be in force includes the power to decide in relation to a particular class of licence (see Legislation Act, s 48).

(4)A notice under subsection (3) in relation to a class of licence is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

Division 4.3               Renewal of licences

59Renewal

(1)The commissioner must renew a licence on a written application by the licensee made while the licence is in force.

NoteA fee may be determined under s 179 for the renewal of a licence.

(2)Also, the commissioner may renew a club licence only if—

(a)for a licence originally issued before 1 June 1979—the club had at least 150 adult financial members on the day immediately before the day the application for renewal was made; or

(b)for a licence originally issued on or after 1 June 1979—the club had at least 200 adult financial members on the day immediately before the day the application for renewal was made.

60Duration of renewal

If the commissioner renews a licence, the licence continues in force, subject to this Act, for 1 year beginning on the day after the day, apart from its renewal, the licence would have ended.

61Failure to renew or pay instalment

(1)This section applies if—

(a)a licence is not renewed while it is in force under section 58 or section 60; or

(b)the fee determined under section 179 (Determination of fees) is being paid by instalments under the determination and the licensee fails to pay an instalment in accordance with the determination.

(2)The licence remains in force under this section for a further month, but is taken to be suspended.

Division 4.4               Records

62Records of liquor transactions

(1)For this Act, a licensee must make a record of all liquor held for sale by the licensee.

Maximum penalty:  20 penalty units.

(2)A licensee must keep a record made under subsection (1), and any record given to the licensee under section 63 (7), for at least 6 years at the required place.

Maximum penalty:  20 penalty units.

(3)In subsection (2):

required place means—

(a)the licensed premises; or

(b)if there is in force written approval by the commissioner for the records to be kept at another place—that place.

Division 4.5               Transfer of licences

63Transfer

(1)An application for the transfer of a licence must be made to the commissioner.

NoteA fee may be determined under s 179 for the transfer of a licence.

(2)As soon as reasonably practicable, the commissioner must consider the application and, subject to the requirements of this Act in relation to the application, must, in writing—

(a)if satisfied that, on the material being considered, there is no substantial ground on which to refuse to authorise the transfer of the licence—authorise the transfer of the licence; and

(b)if satisfied that, on the material being considered, there is no substantial ground on which to authorise the transfer of the licence—refuse to authorise the transfer of the licence.

(3)The transfer of a licence takes effect on the day after the day the commissioner authorises the transfer, or on a later day fixed by the commissioner.

(4)If the commissioner authorises the transfer of a licence, the licensee must give the licence, and any records kept by the licensee under section 62, to the commissioner.

(5)The commissioner must endorse the transfer on the licence, and give the endorsed licence and the records to the new licensee.

64Transfer—relevant considerations

(1)The commissioner must not authorise the transfer of a licence if it is satisfied on reasonable grounds that—

(a)the proposed transferee is not a fit and proper person to hold a licence; or

(b)if the licensee has been charged with a defined offence in relation to which proceedings are not completed—

(i)the proposed transferee is a corporation in relation to which the licensee is a defined influential person; or

(ii)the licensee is a corporation in relation to which the proposed transferee is a defined influential person; or

(iii)if the licensee and the proposed transferee are partners—the proposed transferee intends to hold the licence for the purposes of the partnership; or

(iv)if the licensee and the proposed transferee are corporations—there is a defined influential person in common between the 2 corporations.

(2)The matters that the commissioner must consider in deciding whether to refuse to authorise the transfer of a licence under subsection (1) (a) include the following:

(a)the proposed transferee’s age;

(b)the proposed transferee’s understanding of the obligations of a licensee under this Act;

(c)whether the proposed transferee has been convicted of a defined offence;

(d)whether the proposed transferee has contravened a provision of this Act, or a direction;

(e)whether the proposed transferee is an undischarged bankrupt;

(f)if the proposed transferee is a corporation—whether the proposed transferee is in liquidation.

(3)If a licence is held for the purposes of a partnership, a reference in this section to the licensee includes a reference to each of the partners who is concerned in, or takes part in, the management of the partnership’s business in relation to the licence—

(a)whether or not the partner’s name appears on the licence; and

(b)whether or not section 69 (1), (2) or (3) has been complied with in relation to the partner.

(4)If the commissioner has reasonable grounds for believing that a proposed transferee intends to hold the licence for the purposes of a partnership, a reference in this section to the proposed transferee includes a reference to each of the partners who, the commissioner has reasonable grounds for believing, intends to be concerned in, or to take part in, the management of the partnership’s business in relation to the licence, whether or not the partner’s name appears on the application.

(5)If a licence is held by a corporation, a reference in this section to the licensee (including a reference under subsection (3) to a partner of the licensee) includes a reference to a defined influential person in relation to the corporation.

(6)If a licence is proposed to be transferred to a corporation, a reference in this section to the proposed transferee (including a reference under subsection (4) to a partner of the proposed transferee) includes a reference to a defined influential person in relation to the corporation.

65Transfer of licences—training condition

(1)If the commissioner believes on reasonable grounds that the proposed transferee does not sufficiently understand the obligations of a licensee under this Act, the commissioner may transfer the licence subject to the condition that the proposed transferee undertake a stated approved training program in relation to the obligations within a reasonable stated time after the transfer of the licence.

(2)If the commissioner believes on reasonable grounds that a proposed transferee intends to hold the licence for a partnership, a reference in subsection (1) to the proposed transferee includes a reference to each of the partners the commissioner believes on reasonable grounds intends to be concerned in, or to take part in, the management of the partnership’s business in relation to the licence, whether or not the partner’s name appears on the application for the transfer of the licence.

(3)If a proposed transferee is a corporation, a reference in this section to the proposed transferee (including a reference under subsection (2) to a partner of the proposed transferee) includes a reference to a defined influential person in relation to the corporation.

Division 4.6               Surrender of licences

66Definition of conditional surrender for div 4.6

In this division:

conditional surrender, in relation to a licence, means the surrender of the licence on the condition that a licence of a different class is issued.

67Cancellation on surrender

(1)The holder of a licence may apply to the commissioner for the surrender, or the conditional surrender, of the licence.

(2)The commissioner must cancel the licence, by written notice given to the applicant, if—

(a)the commissioner is satisfied that appropriate arrangements have been made by the applicant for the disposal of any liquor held under the licence; and

(b)for an application for conditional surrender—a licence of a different kind is to be issued to the applicant.

(3)The cancellation takes effect—

(a)for an application for conditional surrender—on the day the new licence applied for is issued to the applicant; or

(b)in any other case—14 days after the application is made to the commissioner.

Division 4.7               Licences held by partnerships

68Application of s 71 and s 72

If a licence is held by 1 or more partners for the purposes of the partnership, section 71 and section 72 apply in relation to the licensee and to each partner—

(a)whether or not the partner’s name appears on the licence; and

(b)whether or not section 69 (1), (2) or (3) has been complied with in relation to the partner.

69Notice of partnership

(1)If 1 or more partners applies for a licence or renewal of a licence for the purposes of the partnership, the applicant or applicants must attach to the application written particulars of—

(a)the name and home address of each partner; and

(b)the business name (if any) under which the partners are or will be carrying on business at the premises in relation to which the application is made.

(2)If a licensee enters into partnership with another person or other people after the licence is issued or renewed, and the licence is to be held for the purposes of the partnership, the licensee must, within 1 month after the partnership was formed—

(a)give the commissioner written particulars of—

(i)the name and home address of each partner; and

(ii)the business name (if any) under which the partners are or will be carrying on business at the premises to which the licence relates; and

(b)if the licence has been issued—lodge the licence with the commissioner.

(3)If any change happens in the particulars mentioned in subsection (1) (whether before or after the licence is issued) or in the particulars mentioned in subsection (2), the applicant or the licensee—

(a)must give the commissioner particulars of the change within 1 month after it happens; and

(b)if the licence has been issued—lodge the licence with the commissioner.

(4)If a licence has been lodged with the commissioner under subsection (2) or (3), the commissioner must endorse on the licence the particulars most recently given to the commissioner and must, as soon as practicable, send the licence to the licensee.

(5)An applicant or licensee must not, without reasonable excuse, contravene subsection (1), (2) or (3).

Maximum penalty (subsection (5)):  10 penalty units.

70Partnership changes—training

(1)This section applies if—

(a)a licensee enters into partnership with another person or other people after the licence is issued; and

(b)the licence is to be held for the purposes of the partnership; and

(c)the commissioner considers on reasonable grounds that a new partner does not sufficiently understand the obligations of a licensee under this Act.

(2)If this section applies, the commissioner may, by written notice to the new partner (a copy of which is given to the licensee), require the new partner to undertake a specified approved training program in relation to the obligations of a licensee under this Act within a reasonable specified time after the issue of the notice.

(3)If this section applies in relation to a new partner that is a corporation, a reference in this section to the new partner includes a reference to a defined influential person in relation to the new partner.

71Rights and liabilities of partners

If a licence issued in the name or names of 1 or more partners is held for the purposes of the partnership, each partner has, in relation to the licence, all the rights and duties of the licensee.

72Suspension or cancellation of partner’s licence

If a licence held by 1 or more partners for the purposes of the partnership is suspended or cancelled as a result of an act or omission, the licence must not be transferred, and a licence must not be issued, to any person who was or is, at the time of the act or omission, or while the suspension or cancellation is in force, a member of the partnership.

Division 4.8               Licences held by corporations

73Information about influential people

(1)If a corporation applies for a licence, the corporation must attach to the application written particulars of the name, home address and relationship to the corporation of each defined influential person in relation to the corporation.

(2)A corporation must not, without reasonable excuse, contravene subsection (1).

Maximum penalty (subsection (2)):  10 penalty units.

74Changes in influential personnel

(1)Within 28 days after a person becomes a defined influential person in relation to a corporation that holds, or that has applied for, a licence, the corporation must—

(a)give the commissioner written notice of the person’s name, home address and relationship to the corporation; and

(b)if the corporation is a licensee—lodge the licence with the commissioner.

(2)Within 28 days after a substantial change in the relationship of a defined influential person to a corporation that holds, or that has applied for, a licence, the corporation must—

(a)give the commissioner written notice specifying that change; and

(b)if the corporation is a licensee—lodge the licence with the commissioner.

(3)Within 28 days after a person ceases to be a defined influential person in relation to a corporation that holds, or that has applied for, a licence, the corporation must—

(a)give the commissioner written notice specifying the person’s former relationship with the corporation; and

(b)if the corporation is a licensee—lodge the licence with the commissioner.

(4)If a licence is lodged with the commissioner under this section, the commissioner must amend it accordingly and return it to the licensee.

(5)If—

(a)a licence is applied for, or is held, for the purposes of a partnership; and

(b)a corporation is 1 of the partners;

this section applies to the corporation as if it were the sole applicant for the licence, or the sole licensee, whether or not the corporation’s name appears on the application or the licence.

(6)A corporation must not, without reasonable excuse, contravene subsection (1), (2) or (3).

Maximum penalty (subsection (6)):  10 penalty units.

75Changes in influential personnel—training

(1)This section applies if—

(a)a person becomes a defined influential person in relation to a licensee that is a corporation; and

(b)the commissioner considers on reasonable grounds that the person does not sufficiently understand the obligations of a licensee under this Act.

(2)If this section applies, the commissioner may, by written notice to the person who has become a defined influential person in relation to the corporation (a copy of which is given to the corporation), require the person to undertake a specified approved training program in relation to the obligations of a licensee under this Act within a reasonable specified time after the issue of the notice.

(3)If—

(a)a licence is held for the purposes of a partnership; and

(b)a corporation is 1 of the partners;

this section applies to the corporation as if it were the sole licensee, whether or not the corporation’s name appears on the licence.

Part 5Control and conduct of licensees

Division 5.1               Preliminary

76Application to partnerships

If a licence is held for a partnership, a reference in this part to a licensee includes a reference to each of the partners who is concerned in, or takes part in, the management of the partnership’s business in relation to the licence—

(a)whether or not the partner’s name appears on the licence; and

(b)whether or not section 69 (1), (2) or (3) (Notice of partnership) has been complied with in relation to the licence.

Division 5.2               Complaints

77Who may complain?

A person who believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensee may complain to the commissioner.

Examples—people who may complain

1     a member of the public

2     a user of a service

Note 1Ground for occupational discipline—see s 84.

Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

78Form of complaint

(1)A complaint must—

(a)be in writing; and

(b)be signed by the person (the complainant) making the complaint; and

(c)include the complainant’s name and address.

(2)However, the commissioner may accept a complaint for consideration even if it does not comply with subsection (1).

(3)If the commissioner accepts for consideration a complaint that is not in writing, the commissioner must require the complainant to put the complaint in writing unless there is a good reason for not doing so.

79Withdrawal of complaints

(1)A complainant may withdraw the complaint at any time by written notice to the commissioner.

(2)If the complainant withdraws the complaint, the commissioner—

(a)need not take further action on the complaint; and

(b)may take further action on the complaint if the commissioner considers it appropriate to do so; and

(c)need not report to the complainant under section 83 (Action after investigating complaint) on the results of taking the action.

80Further information about complaint etc

(1)The commissioner may, at any time, require a complainant—

(a)to give the commissioner further information about the complaint; or

(b)to verify all or part of the complaint by statutory declaration.

(2)When making a requirement under this section, the commissioner must give the complainant a reasonable period of time to satisfy the requirement and may extend that period, whether before or after it ends.

(3)If the complainant does not comply with a requirement under subsection (1), the commissioner need not, but may, take further action in relation to the complaint.

81Investigation of complaint

The commissioner must take reasonable steps to investigate each complaint the commissioner accepts for consideration.

82No further action on complaint

The commissioner must not take further action on a complaint if satisfied that—

(a)the complaint lacks substance; or

(b)the complaint is frivolous, vexatious or was not made genuinely; or

(c)the complaint has been adequately dealt with.

NoteThe commissioner may also take no further action on a complaint if the complainant has not complied with a requirement made under s 80 (see s 80 (3)).

83Action after investigating complaint

(1)After investigating a complaint against a licensee, the commissioner must—

(a)if satisfied on reasonable grounds that a ground for occupational discipline exists in relation to the complaint—

(i)apply to the ACAT for an occupational discipline order in relation to the licensee; and

(ii)tell the complainant in writing that the application has been made; or

(b)if not satisfied that a ground for occupational discipline exists in relation to the complaint—

(i)tell the complainant in writing that the commissioner will not take further action on the complaint; and

(ii)not take further action on the complaint.

(2)Subsection (1) (b) (ii) does not prevent the commissioner from taking further action in relation to a complaint if the commissioner becomes satisfied that a ground for occupational discipline exists in relation to the complaint.

NoteThe commissioner need not notify the complainant under s (1) if the complainant has withdrawn the complaint (see s 79).

Division 5.3               Occupational discipline —licensees

U    84             Grounds for occupational discipline

(1)Each of the following is a ground for occupational discipline in relation to a licensee:

(a)the licensee has contravened, or is contravening, a provision of this Act;

(b)the licensee has allowed the licensed premises to be used in a way that causes undue disturbance or inconvenience to people lawfully on the premises;

(c)the licensee has allowed the licensed premises to be used in a way that causes undue disturbance or inconvenience to people occupying premises in the neighbourhood;

(d)the licensed premises do not comply with the licensing standards manual;

(e)the licensee’s conduct of the licensed premises has not complied with the manual;

(f)the licensee has, in the licensed premises, created a fire hazard to life or property or allowed the hazard to develop;

(g)a loss of amenity has arisen in the vicinity of the licensed premises that is attributable to the premises and about which there has been a complaint;

(h)a licensee has allowed people to smoke in a part of the licensed premises that is an enclosed public place;

(i)the licensee has failed to take reasonable steps to prevent smoke from another area occupied by the licensee entering an enclosed public place;

(j)there are grounds to suspend the licensee’s licence;

(k)the licensee is not a suitable person to hold a licence;

NoteFor what to consider in deciding whether a licensee is suitable, see s (3).

(l)the licensed premises are not suitable for the purposes of the licence.

NoteFor what to consider in deciding whether premises are is suitable, see s (4).

(2)There are grounds to suspend a licence if—

(a)the licensee has contravened—

(i)a direction; or

(ii)a training condition, or requirement, imposed under section 53, section 65, section 70 or section 75 (which are about training on the issue or transfer of licences, partnership change or the change of an influential person); and

(b)it is in the public interest to suspend the licence; and

(c)it is not appropriate to cancel the licence.

(3)In deciding whether a licensee is a suitable person to hold a licence, the ACAT must consider the  following:

(a)if the licence has previously been suspended for the contravention of a direction—whether, after the end of the period of suspension the licensee has again contravened that direction, or has contravened a direction to the same or similar effect;

(b)whether the licensee has been convicted of a defined offence;

(c)whether the licensee is bankrupt;

(d)if the licensee is a corporation—

(i)whether the corporation has been placed in liquidation; or

(ii)whether, in consideration of the matters mentioned in paragraphs (b) or (c) or otherwise, any defined influential person in relation to the corporation would not be a suitable person to hold a licence.

(4)In deciding whether premises are suitable for the purpose of the licence, the ACAT must consider the following:

(a)whether the licensed premises comply with the licensing standards manual;

(b)whether the licensee’s conduct of the licensed premises has complied with the manual.

(5)In this section:

enclosed public place—see the Smoking (Prohibition in Enclosed Public Places) Act 2003, dictionary.

smoke—see the Smoking (Prohibition in Enclosed Public Places) Act 2003, dictionary.

sub A2008-36 amdt 1.441

Offences

s 89orig s 89 renum as s 144

(prev s 51) am 1976 No 6; 1984 No 22; 1987 No 33; 1987 No 72

sub 1990 No 50

am 1990 No 56; 1996 No 44

renum as s 89 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.441

Closure of licensed premises

pt 7 hdgsub 1990 No 50; A2008-36 amdt 1.441

Application for closure

s 90orig s 90 renum as s 145

(prev s 52) am 1987 No 33

sub 1990 No 50 s 31

am 1996 No 44

renum as s 90 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.441

Decision of commissioner

s 91orig s 91 renum as s 146

(prev s 53) am 1987 No 33

sub 1990 No 50 s 31

am 1999 No 51 s 23

renum as s 91 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.441

Relevant considerations

s 92orig s 92 om 1990 No 50 s 62

(prev s 54) sub 1990 Nos 50 and 56

am 1996 No 44

renum as s 92 R6 LRA (see 1999 No 51 s 39)

am 2001 No 70 amdt 1.48

sub A2008-36 amdt 1.441

Offences

s 93orig s 93 renum as s 147

(prev s 55) am 1987 No 33

sub 1990 No 50 s 31

am 1990 No 56; 1996 No 44

sub 1999 No 51 s 24

renum as s 93 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.441

Exceeding occupancy loading

s 93Aorig s 93A renum as s 148

ins A2003-51 s 31 (s 31 om before commenced by A2005-5 s 47)

Failing to display occupancy loading signs

s 93Brenum as s 149

Failing to require patrons to leave

s 93Crenum as s 150

Definitions for div 10.2

s 93Drenum as s 151

Sale or supply of liquor to under-age people

s 93Erenum as s 152

Offence by licensee for possession or consumption of liquor by under-age people

s 93Frenum as s 153

Buying, possession and consumption of liquor by under-age people

s 93Grenum as s 154

Sending under-age people to obtain liquor

s 93Hrenum as s 155

Entry to bar-rooms by under-age people etc

s 93Irenum as s 156

Licensee allowing entry to bar-rooms by under-age people

s 93Jrenum as s 157

False identification

s 93Krenum as s 158

Application for alteration

s 94orig s 94 renum as s 159

(prev s 56) am 1987 No 33

sub 1990 No 50

am 1990 No 56; 1999 No 51 s 25

renum as s 94 R6 LRA (see 1999 No 51 s 39)

am 2001 No 70 amdt 1.49, amdt 1.50; A2003-2 s 64; ss renum R11 LA (see A2003-2 s 65)

om A2008-36 amdt 1.441

Payment of balance of renewal fee

s 94Ains 1979 No 10

am Cwlth 1981 No 116; 1986 No 41; 1989 No 38

om 1990 No 50

Decision by registrar

s 95orig s 95 renum as s 160

(prev s 57) am 1987 No 33

sub 1990 Nos 50 and 56

renum as s 95 R6 LRA (see 1999 No 51 s 39)

om A2008-36 amdt 1.441

Occupancy loading

s 95Arenum as s 161

Decision by board

s 96orig s 96 renum as s 162

(prev s 57A) ins 1990 No 56

renum as s 96 R6 LRA (see 1999 No 51 s 39)

om A2008-36 amdt 1.441

Inquiry by board

s 96Arenum as s 163

Standard of proof

s 96AArenum as s 164

Relevant considerations

s 97orig s 97 renum as s 165

(prev s 57B) ins 1990 No 56

renum as s 97 R6 LRA (see 1999 No 51 s 39)

om A2008-36 amdt 1.441

Offences

s 98orig s 98 renum as s 166

(prev s 58) sub 1990 No 50

am 1990 No 56; 1998 No 54; 1999 No 51 s 26

renum as s 98 R6 LRA (see 1999 No 51 s 39)

om A2008-36 amdt 1.441

Application for closure

s 99orig s 99 renum as s 167

(prev s 59) am 1987 No 33

sub 1990 No 50

am 1990 No 56

renum as s 99 R6 LRA (see 1999 No 51 s 39)

om A2008-36 amdt 1.441

Decision of registrar

s 100orig s 100 renum as s 168

(prev s 60) am 1987 No 33; 1989 No 38

sub 1990 Nos 50 and 56

renum as s 100 R6 LRA (see 1999 No 51 s 39)

om A2008-36 amdt 1.441

Decision of board

s 101orig s 101 renum as s 169

(prev s 60AA) ins 1990 No 56

renum as s 101 R6 LRA (see 1999 No 51 s 39)

om A2008-36 amdt 1.441

Payment of amount where licence ceases to be in force

s 101Ains 1976 No 63

am 1977 No 66; 1979 No 10; 1982 No 87; 1986 No 41; 1987 No 33; 1989 No 38

om 1990 No 50

Relevant considerations

s 102orig s 102 renum as s 170

(prev s 60AB) ins 1990 No 56

renum as s 102 R6 LRA (see 1999 No 51 s 39)

om A2008-36 amdt 1.441

Petrol not to be sold at licensed premises

s 102Ains 1979 No 10

om 1990 No 50

Offences

s 103orig s 103 renum as s 171

(prev s 60A) ins 1990 No 50

am 1990 No 56; 1998 No 54

renum as s 103 R6 LRA (see 1999 No 51 s 39)

om A2008-36 amdt 1.441

Protection of members and witnesses

s 103Arenum as s 172

Temporary extension of off licence premises

pt 8 hdgsub 1990 No 50; 1996 No 44

Authorisation—off licences

s 104orig s 104 renum as s 173

(prev s 60B) ins 1990 No 50

am 1996 No 44

renum as s 104 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.442

Notification of decisions

s 104Arenum as s 174

Proof of age cards

s 104AArenum as s 175

Commissioner to be notified

s 104ABrenum as s 176

Conduct of directors, servants and agents

s 104Brenum as s 177

Corporations—penalties

s 104Cins 1990 No 50

om 1998 No 54

Notice

s 105orig s 105 renum as s 178

(prev s 60C) ins 1990 No 50

renum as s 105 R6 LRA (see 1999 No 51 s 39)

am A2008-36 amdt 1.443

Determination of fees

s 105Arenum as s 179

Approved forms

s 105Brenum as s 180

Permits

pt 9 hdgsub 1990 No 50

Kinds of permits

div 9.1 hdg(prev pt 9 div 1 hdg) ins 1990 No 50

renum as div 9.1 hdg R6 LRA (see 1999 No 51 s 39)

sub A2005-11 s 19

What is a permit?

s 106orig s 106 renum as s 181

(prev s 61) sub 1979 No 10

am 1994 No 111

renum as s 106 R6 LRA (see 1999 No 51 s 39)

sub A2005-11 s 20

What is a liquor permit?

s 106Ains A2005-11 s 20

What is a non-profit organisation wine permit?

s 106Bins A2005-11 s 20

What is a tourism wine permit?

s 106Cins A2005-11 s 20

Meaning of amount in a permit

s 106Dins A2005-11 s 20

Issue of permits

div 9.1A hdg         renum as div 9.2 hdg

Issue of permits

div 9.2 hdgorig div 9.2 hdg renum as div 9.3 hdg

(prev div 9.1A hdg) ins A2005-11 s 20

renum as div 9.2 hdg R17 LA (see A2005-11 s 24)

Application for permit

s 107 hdgsub A2008-36 amdt 1.444

s 107orig s 107 om 1990 No 50

ins 1999 No 51 s 36

renum as s 182

(prev s 62) sub 1979 No 10

am Cwlth 1981 No 116; 1986 No 41; 1989 No 38

sub 1999 No 51 s 27

renum as s 107 R6 LRA (see 1999 No 51 s 39)

am 2001 No 70 amdt 1.51

sub 2001 No 44 amdt 1.2660

am A2005-11 s 21; A2008-36 amdt 1.444

Consideration of application

s 108orig s 108 om 1990 No 50

(prev s 63) sub 1979 No 10; 1990 No 56

am 1993 No 28

renum as s 108 R6 LRA (see 1999 No 51 s 39)

am A2006-40 amdt 1.27

sub A2008-36 amdt 1.445

Consideration by board

s 109orig s 109 om 1990 No 50

(prev s 64) sub 1979 No 10

am 1987 No 33; 1990 No 50

sub 1990 No 56

renum as s 109 R6 LRA (see 1999 No 51 s 39)

om A2008-36 amdt 1.446

Criteria for liquor permit

s 109Ains A2005-11 s 22

am A2008-36 amdt 1.447, amdt 1.448

Criteria for non-profit organisation wine permit

s 109Bins A2005-11 s 22

am A2008-36 amdt 1.449

Criteria for tourism wine permit

s 109Cins A2005-11 s 22

am A2008-36 amdt 1.450

Permit conditions may differ from application

s 110orig s 110 om 1979 No 10

(prev s 65) sub 1979 No 10

am 1987 No 33; 1990 Nos 50 and 56

renum as s 110 R6 LRA (see 1999 No 51 s 39)

sub A2005-11 s 22; A2008-36 amdt 1.451

Permit to be subject to condition about smoking

s 110Ains A2003-51 s 32

am A2009-51 amdt 1.4

Conditions to be stated in permit

s 111orig s 111 am 1987 No 33

om 1990 No 50

(prev s 65A) ins 1979 No 10

am 1987 No 33; 1990 No 56

sub 1999 No 51 s 28

renum as s 111 R6 LRA (see 1999 No 51 s 39)

sub 2001 No 70 amdt 1.52

Source of liquor to be endorsed on permit

s 112(prev s 65D) ins 1979 No 10

renum as s 112 R6 LRA (see 1999 No 51 s 39)

sub A2005-11 s 23

Refund of permit fees

s 113(prev s 65E) ins 1979 No 10

sub 1990 No 50

renum as s 113 R6 LRA (see 1999 No 51 s 39)

am 2001 No 44 amdt 1.2661

sub A2008-36 amdt 1.452

Return of permits to commissioner

s 114(prev s 65F) ins 1990 No 50

am 1998 No 54

renum as s 114 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.452

Cancellation of permits

div 9.3 hdg(prev pt 9 div 2 hdg) ins 1990 No 50

renum as div 9.2 hdg R6 LRA (see 1999 No 51 s 39)

renum as div 9.3 hdg R17 LA (see A2005-11 s 24)

Application to partnerships

s 115(prev s 66) am 1984 No 22; 1987 No 33

sub 1990 No 50

renum as s 115 R6 LRA (see 1999 No 51 s 39)

Ground for cancellation

s 116(prev s 66A) ins 1990 No 50

am 1990 No 56

renum as s 116 R6 LRA (see 1999 No 51 s 39)

am A2003-51 s 33; pars renum R21 LA (see A2003-51 s 34); A2008-36 amdt 1.453; A2009-51 amdt 1.5

Automatic cancellation of permit

s 116Ains A2003-51 s 35 (s 35 om before commenced by A2005-5 s 47)

Complaints

s 117(prev s 66B) ins 1990 No 50

am 1990 No 56

renum as s 117 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.454

Decision of commissioner

s 118(prev s 66C) ins 1990 No 50

am 1990 No 56

renum as s 118 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.454

Cancellation

s 119(prev s 66D) ins 1990 No 50

am 1990 No 56

renum as s 119 R6 LRA (see 1999 No 51 s 39)

om A2008-36 amdt 1.455

Offences

pt 10 hdgsub 1990 No 50

General

div 10.1 hdg(prev pt 10 div 1 hdg) ins 1999 No 51 s 29

renum as div 10.1 hdg R6 LRA (see 1999 No 51 s 39)

Definition of non-trading day for pt 10

s 120 hdgsub 2001 No 70 amdt 1.53

s 120(prev s 66E) ins 1990 No 50

renum as s 120 R6 LRA (see 1999 No 51 s 39)

General licence—minimum bar trading hours

s 121(prev s 67) sub 1979 No 10

am 1990 No 50; 1994 No 111; 1998 No 54

renum as s 121 R6 LRA (see 1999 No 51 s 39)

On licence—minimum bar trading hours

s 122(prev s 68) sub 1979 No 10

am 1990 No 50; 1994 No 111; 1998 No 54

renum as s 122 R6 LRA (see 1999 No 51 s 39)

Special licences—conditions

s 123(prev s 68A) ins 1979 No 10

am 1987 No 33

sub 1990 No 50

am 1998 No 54

renum as s 123 R6 LRA (see 1999 No 51 s 39)

Permits—conditions

s 124(prev s 68B) ins 1979 No 10

am 1987 No 33

sub 1990 No 50

am 1998 No 54

renum as s 124 R6 LRA (see 1999 No 51 s 39)

Return of licences to commissioner

s 125(prev s 68C) ins 1999 No 51 s 30

renum as s 125 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.456

Provision of food

s 126(prev s 69) am 1979 No 10; 1987 No 33; 1990 Nos 50 and 56; 1998 No 54

renum as s 126 R6 LRA (see 1999 No 51 s 39)

am A2008-36 amdt 1.478

Notices about food

s 127(prev s 70) am 1990 No 50; 1998 No 54

renum as s 127 R6 LRA (see 1999 No 51 s 39)

Cleanliness of licensed premises

s 128(prev s 71) am 1979 No 10; 1990 No 50; 1998 No 54

renum as s 128 R6 LRA (see 1999 No 51 s 39)

Maintenance of licensed premises

s 129(prev s 72) am 1990 No 50; 1998 No 54; 1999 No 51 s 38 sch

renum as s 129 R6 LRA (see 1999 No 51 s 39)

Notices of bar trading hours

s 130(prev s 73) sub 1990 No 50

am 1998 No 54

renum as s 130 R6 LRA (see 1999 No 51 s 39)

Sexually explicit entertainment

s 131(prev s 74) am 1987 No 33

om 1990 No 50

ins 1997 No 4

am 1998 No 54

renum as s 131 R6 LRA (see 1999 No 51 s 39)

Notice of absence from licensed premises

s 132(prev s 75) am 1987 No 33; 1990 No 50; 1998 No 54

renum as s 132 R6 LRA (see 1999 No 51 s 39)

am A2008-36 amdt 1.457; A2009-49 amdt 3.109

Change in control of licensed premises

s 133(prev s 76) am 1979 No 10; 1987 No 33

sub 1990 No 50

am 1990 No 56; 1998 No 54

renum as s 133 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.458

Sale of petrol at licensed premises

s 134(prev s 76C) ins 1990 No 50

am 1998 No 54

renum as s 134 R6 LRA (see 1999 No 51 s 39)

Sale of liquor—general

s 135(prev s 77) sub 1979 No 10; 1990 No 50

am 1998 No 54

renum as s 135 R6 LRA (see 1999 No 51 s 39)

Supply of liquor by licensed clubs

s 136(prev s 78) sub 1979 No 10

am 1990 No 50; 1998 No 54

renum as s 136 R6 LRA (see 1999 No 51 s 39)

Advertising by licensed clubs

s 137(prev s 78A) ins 1979 No 10

am 1990 No 50; 1998 No 54

renum as s 137 R6 LRA (see 1999 No 51 s 39)

Sale or supply of liquor to intoxicated people

s 138(prev s 79) sub 1990 No 50

am 1996 No 44; 1998 No 54

renum as s 138 R6 LRA (see 1999 No 51 s 39)

Consumption of liquor in certain public places

s 139(prev s 84) sub 1987 No 72

om 1990 No 50

ins 1991 No 76

am 1991 No 82; 1994 No 111; 1998 No 54

renum as s 139 R6 LRA (see 1999 No 51 s 39)

am 2001 No 70 amdt 1.54; A2005-11 s 25; A2008-6 s 15; ss renum R25 LA

Obstruction of inspectors

s 140(prev s 85) sub 1987 No 72

am 1990 No 50; 1998 No 54

renum as s 140 R6 LRA (see 1999 No 51 s 39)

om A2004-15 amdt 2.112

Sale of adulterated liquor

s 141(prev s 86) am 1990 No 56; 1998 No 54

renum as s 141 R6 LRA (see 1999 No 51 s 39)

People on licensed premises after hours

s 142(prev s 87) am 1990 No 56; 1998 No 54

renum as s 142 R6 LRA (see 1999 No 51 s 39)

Exclusion of people from licensed premises

s 143(prev s 88) am 1990 No 56

renum as s 143 R6 LRA (see 1999 No 51 s 39)

People on licensed premises for unlawful purposes

s 144(prev s 89) sub 1990 No 50

am 1998 No 54

renum as s 144 R6 LRA (see 1999 No 51 s 39)

Keeping licences on licensed premises

s 145(prev s 90) sub 1990 No 50

am 1998 No 54

renum as s 145 R6 LRA (see 1999 No 51 s 39)

Consumption of liquor on off licence premises

s 146(prev s 91) sub 1990 No 50

am 1998 No 54

renum as s 146 R6 LRA (see 1999 No 51 s 39)

Consumption of liquor on business premises

s 147(prev s 93) am 1990 No 50; 1998 No 54

renum as s 147 R6 LRA (see 1999 No 51 s 39)

Exceeding occupancy loading

s 148(prev s 93A) ins 1987 No 72

om 1990 No 50

ins 1993 No 28

am 1994 No 111; 1996 No 44; 1998 No 54

renum as s 148 R6 LRA (see 1999 No 51 s 39)

Failing to display occupancy loading signs

s 149(prev s 93B) ins 1993 No 28

am 1998 No 54

renum as s 149 R6 LRA (see 1999 No 51 s 39)

Failing to require patrons to leave

s 150(prev s 93C) ins 1993 No 28

am 1998 No 54

renum as s 150 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.459

Under-age drinking

div 10.2 hdg(prev pt 10 div 2 hdg) ins 1999 No 51 s 32

renum as div 10.2 hdg R6 LRA (see 1999 No 51 s 39)

Definitions for div 10.2

s 151(prev s 93D) ins 1999 No 51 s 32

renum as s 151 R6 LRA (see 1999 No 51 s 39)

am 1999 No 79 sch 3

def driver licence am 2002 No 30 amdt 3.579

def responsible adult am A2003-14 amdt 1.76, amdt 1.77

def spouse om A2003-14 amdt 1.78

Sale or supply of liquor to under-age people

s 152(prev s 93E) ins 1999 No 51 s 32

renum as s 152 R6 LRA (see 1999 No 51 s 39)

Offence by licensee for possession or consumption of liquor by under-age people

s 153(prev s 93F) ins 1999 No 51 s 32

renum as s 153 R6 LRA (see 1999 No 51 s 39)

am A2008-36 amdt 1.460

Buying, possession and consumption of liquor by under-age people

s 154(prev s 93G) ins 1999 No 51 s 32

renum as s 154 R6 LRA (see 1999 No 51 s 39)

am A2008-36 amdt 1.461

Sending under-age people to obtain liquor

s 155(prev s 93H) ins 1999 No 51 s 32

renum as s 155 R6 LRA (see 1999 No 51 s 39)

Entry to bar-rooms by under-age people etc

s 156(prev s 93I) ins 1999 No 51 s 32

renum as s 156 R6 LRA (see 1999 No 51 s 39)

am A2008-36 amdt 1.462

Licensee allowing entry to bar-rooms by under-age people

s 157(prev s 93J) ins 1999 No 51 s 32

renum as s 157 R6 LRA (see 1999 No 51 s 39)

am A2008-36 amdt 1.463

False identification

s 158(prev s 93K) ins 1999 No 51 s 32

renum as s 158 R6 LRA (see 1999 No 51 s 39)

am A2008-36 amdt 1.478

Evidence

pt 11 hdgsub 1990 No 50

Liquor

s 159(prev s 94) sub 1979 No 10

am Cwlth 1981 No 116

sub 1986 No 41

am 1989 No 38

sub 1990 No 50; 1996 No 44

am 1999 No 51 sch

renum as s 159 R6 LRA (see 1999 No 51 s 39)

am A2008-6 s 16

Licensees and permit-holders

s 160(prev s 95) om 1986 No 41

ins 1990 No 50

renum as s 160 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.464

Occupancy loading

s 161(prev s 95A) ins 1994 No 111

am 1996 No 44

renum as s 161 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.464

Notification and review of decisions

pt 12 hdgsub 1990 No 56

am 1996 No 44

sub A2008-36 amdt 1.465

Meaning of reviewable decision—pt 12

s 162 hdgsub 2001 No 70 amdt 1.55

s 162(prev s 96) am 1977 No 66; 1979 No 10; 1982 Nos 59 and 87

om 1986 No 41

ins 1990 No 50

sub 1990 No 56

am 1996 No 44; 1999 No 51 sch

renum as s 162 R6 LRA (see 1999 No 51 s 39)

am A2007-16 amdt 3.114

sub A2008-36 amdt 1.465

Reviewable decision notices

s 163(prev s 96A) ins 1990 No 56

renum as s 163 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.465

Applications for review

s 164(prev s 96AA) ins 1996 No 44

renum as s 164 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.465

Notice of hearing

s 165(prev s 97) sub 1986 No 41; 1990 No 50

am 1990 No 56

renum as s 165 R6 LRA (see 1999 No 51 s 39)

om A2008-36 amdt 1.465

Procedure

s 166(prev s 98) om 1982 No 87

ins 1990 No 50

am 1990 No 56

renum as s 166 R6 LRA (see 1999 No 51 s 39)

am A2005-53 amdt 1.99; ss renum A2005-53 amdt 1.100

om A2008-36 amdt 1.465

Prohibition of publication of names and evidence

s 167(prev s 99) am 1978 No 46; 1979 No 10; 1987 No 33

sub 1990 No 50

am 1990 No 56; 1998 No 54

renum as s 167 R6 LRA (see 1999 No 51 s 39)

om A2008-36 amdt 1.465

Private hearings

s 168(prev s 100) am 1979 No 10; 1986 No 41

sub 1990 No 50

am 1990 No 56; 1998 No 54

renum as s 168 R6 LRA (see 1999 No 51 s 39)

om A2008-36 amdt 1.465

Legal representation

s 169(prev s 101) am 1979 No 10; 1987 No 33

sub 1990 Nos 50 and 56

am 1997 No 96

renum as s 169 R6 LRA (see 1999 No 51 s 39)

am 2001 No 70 amdt 1.56

om A2008-36 amdt 1.465

Witnesses

s 170(prev s 102) sub 1990 No 50

am 1990 No 56; 1998 No 54; 1999 No 51 s 33

renum as s 170 R6 LRA (see 1999 No 51 s 39)

am 2002 No 30 amdt 3.580; A2004-60 amdt 1.179; A2005-53 amdt 1.101, amdt 1.102; ss renum A2005-53 amdt 1.103

om A2008-36 amdt 1.465

Application of Criminal Code, ch 7

s 171(prev s 103) am 1979 No 10

sub 1990 No 50

am 1998 No 54

renum as s 171 R6 LRA (see 1999 No 51 s 39)

am 2001 No 70 amdt 1.57

sub A2005-53 amdt 1.104

om A2008-36 amdt 1.465

Privileges against selfincrimination and exposure to civil penalty

s 171Ains A2005-53 amdt 1.104

om A2008-36 amdt 1.465

Protection of members and witnesses

s 172(prev s 103A) ins 1979 No 10

sub 1990 No 50

am 1997 No 96

renum as s 172 R6 LRA (see 1999 No 51 s 39)

am 2001 No 70 amdt 1.58; A2005-53 amdt 1.105; A2007-16 amdt 3.115

om A2008-36 amdt 1.465

References to subpoena

s 172Ains A2005-53 amdt 1.106

exp 23 November 2006 (s 172A (2))

Review of decisions

pt 13 hdgsub 1990 No 50; 1990 No 56

om A2008-36 amdt 1.465

Review by administrative appeals tribunal

s 173(prev s 104) sub 1990 Nos 50 and 56; 1993 No 1

am 1993 No 28; 1994 No 60; 1996 No 44; 1999 No 51 s 38 sch

renum as s 173 R6 LRA (see 1999 No 51 s 39)

am 2001 No 70 amdt 1.59; A2003-2 s 66; pars renum R11 LA (see A2003-2 s 67)

om A2008-36 amdt 1.465

Notification of decisions

s 174(prev s 104A) ins 1990 No 50

sub 1990 No 56

am 1993 No 28; 1994 No 60; 1996 No 44

renum as s 174 R6 LRA (see 1999 No 51 s 39)

om A2008-36 amdt 1.465

Miscellaneous

pt 14 hdg(prev pt 12 hdg) ins 1990 No 50 s 64

renum 1990 No 50 s 65

Proof of age cards

s 175(prev s 104AA) ins 1994 No 111

renum as s 175 R6 LRA (see 1999 No 51 s 39)

am 1999 No 79 sch 3; 2000 No 80 sch 3; 2001 No 70 amdt 1.60, amdt 1.61; 2001 No 44 amdt 1.2662

Licences and permits not personal property—PPS Act

s 176(prev s 104AB) ins 1991 No 111

am 1993 No 18; 1999 No 51 s 34

renum as s 176 R6 LRA (see 1999 No 51 s 39)

am 2000 No 80 sch 3; 2001 No 70 amdt 1.62

om A2005-11 s 26

ins A2010-15 amdt 1.1

Acts and omissions of representatives

s 177(prev s 104B) ins 1990 No 50

am 1998 No 69

renum as s 177 R6 LRA (see 1999 No 51 s 39)

sub A2004-15 amdt 1.33

Breath analysis tests on licensed premises

s 177Ains 2000 No 54 s 4

Proceedings for offences

s178 (prev s 105) sub 1979 No 10; 1990 No 50; 1993 No 28

renum as s 178 R6 LRA (see 1999 No 51 s 39)

sub A2008-36 amdt 1.466

Determination of fees

s 179(prev s 105A) ins 1986 No 41

am 1990 No 50; 1991 No 111

renum as s 179 R6 LRA (see 1999 No 51 s 39)

sub 2001 No 70 amdt 1.63; 2001 No 44 amdt 1.2663

Approved forms

s 180(prev s 105B) ins 1999 No 51 s 35

renum as s 180 R6 LRA (see 1999 No 51 s 39)

am 2001 No 70 amdt 1.64

sub 2001 No 44 amdt 1.2663

am A2008-36 amdt 1.467

Regulation-making power

s 181(prev s 106) am 1989 No 38

renum as s 181 R6 LRA (see 1999 No 51 s 39)

sub 2001 No 70 amdt 1.65; 2001 No 44 amdt 1.2663

Transitional provisions

pt 15 hdgins 1999 No 51 s 36

om R7 LA

Transitional—prescribed forms

s 182(prev s 107) ins 1999 No 51 s 36

renum as s 182 R6 LRA (see 1999 No 51 s 39)

exp 20 October 2001 (s 182 (4))

Validation

pt 16 hdgins A2009-7 amdt 1.31

exp 6 March 2009 (s 184)

Validation of appointment

s 183ins A2009-7 amdt 1.31

exp 6 March 2009 (s 184)

Expiry—pt 16

s 184ins A2009-7 amdt 1.31

exp 6 March 2009 (s 184)

Repealed ordinances

schom R6 LRA

Reviewable decisions

sch 1ins A2008-36 amdt 1.468

Dictionary

dictins 2001 No 70 amdt 1.66

am A2007-3 amdt 3.341, amdt 3.342; A2008-36 amdt 1.469; A2009-49 amdt 3.110

def amount ins A2005-11 s 27

def appointed member reloc from s 4 2001 No 70 amdt 1.18

om A2008-36 amdt 1.470

def approved training program reloc from s 4 2001 No 70 amdt 1.18

sub A2008-36 amdt 1.471

def authorised reloc from s 4 2001 No 70 amdt 1.18

def bar-room reloc from s 4 2001 No 70 amdt 1.18

sub A2003-2 s 68; A2008-36 amdt 1.471

def board reloc from s 4 2001 No 70 amdt 1.18

om A2008-36 amdt 1.472

def building code ins 2001 No 70 amdt 1.66

om A2004-13 amdt 2.84

def caution reloc from s 4 2001 No 70 amdt 1.18

def commissioner ins A2008-36 amdt 1.473

def conditional surrender ins 2001 No 70 amdt 1.66

def defined influential person reloc from s 4 2001 No 70 amdt 1.18

def defined offence reloc from s 4 2001 No 70 amdt 1.18

sub A2008-5 s 33

am A2009-39 amdt 2.6

def deputy registrar reloc from s 4 2001 No 70 amdt 1.18

am A2006-40 amdt 1.28

om A2008-36 amdt 1.474

def designated outdoor smoking area ins A2009-51 amdt 1.6

def determined fee reloc from s 4 2001 No 70 amdt 1.18

om 2001 No 44 amdt 1.2664

def direction reloc from s 4 2001 No 70 amdt 1.18

om A2008-36 amdt 1.474

def director ins 2001 No 70 amdt 1.66

def document of identification ins A2009-20 amdt 3.126

def driver licence ins A2009-20 amdt 3.126

def duty-free sale reloc from s 4 2001 No 70 amdt 1.18

def enclosed public place ins A2009-51 amdt 1.6

def exempt person ins 2001 No 70 amdt 1.66

def exempt wholesale liquor sale ins 2001 No 70 amdt 1.66

def fittings reloc from s 4 2001 No 70 amdt 1.18

def function ins 2001 No 70 amdt 1.66

om R15 LA

def hearing reloc from s 4 2001 No 70 amdt 1.18

om A2008-36 amdt 1.474

def identity card reloc from s 4 2001 No 70 amdt 1.18

sub A2008-36 amdt 1.475

def inspector reloc from s 4 2001 No 70 amdt 1.18

sub A2008-36 amdt 1.475

def licence reloc from s 4 2001 No 70 amdt 1.18

sub A2007-3 amdt 3.343

def licensed premises reloc from s 4 2001 No 70 amdt 1.18

def licensee reloc from s 4 2001 No 70 amdt 1.18

def licensing standards manual reloc from s 4 2001 No 70 amdt 1.18

sub 2001 No 44 amdt 1.2665

def liquor reloc from s 4 2001 No 70 amdt 1.18

sub A2009-20 amdt 3.127

def liquor permit ins A2005-11 s 27

def manual ins 2001 No 44 amdt 1.2666

def matter ins 2001 No 70 amdt 1.66

om A2008-36 amdt 1.476

def member reloc from s 4 2001 No 70 amdt 1.18

om A2008-36 amdt 1.476

def non-profit organisation wine permit ins A2005-11 s 27

def non-trading day ins 2001 No 70 amdt 1.66

def offence against this Act reloc from s 4 2001 No 70 amdt 1.18

om 2002 No 11 amdt 2.71

def outdoor eating or drinking place ins A2009-51 amdt 1.6

def permit reloc from s 4 2001 No 70 amdt 1.18

sub A2005-11 s 28

def premises reloc from s 4 2001 No 70 amdt 1.18

def proof of age card reloc from s 4 2001 No 70 amdt 1.18

sub A2009-20 amdt 3.128

def public area reloc from s 4 2001 No 70 amdt 1.18

def public bar-room reloc from s 4 2001 No 70 amdt 1.18

def public place reloc from s 4 2001 No 70 amdt 1.18

sub A2007-3 amdt 3.344

def registrar reloc from s 4 2001 No 70 amdt 1.18

am A2006-40 amdt 1.29

om A2008-36 amdt 1.476

def relevant decision-maker reloc from s 4 2001 No 70 amdt 1.18

om A2008-36 amdt 1.476

def responsible adult ins A2009-20 amdt 3.129

def reviewable decision ins A2008-36 amdt 1.477

def smoke ins A2009-51 amdt 1.6

def tourism wine permit ins A2005-11 s 29

def university reloc from s 4 2001 No 70 amdt 1.18

5               Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1990 No 56	30 September 1991
2	Act 1993 No 28	14 June 1993
3	Act 1994 No 111	31 January 1996
4	Act 1997 No 4	5 March 1997
5	Act 1999 No 5	31 March 1999
6	Act 1999 No 51	31 October 1999
7	Act 2001 No 70	7 March 2002
8	Act 2002 No 11	30 May 2002
9	Act 2002 No 30	27 September 2002
9 (RI)	Act 2002 No 30 ‡	11 February 2003
10	A2003-14	28 March 2003
11	A2003-14	31 March 2003
12	A2003-51	1 April 2004
13	A2004-15	9 April 2004
14	A2004-28	1 July 2004
15	A2004-28	1 September 2004
16	A2004-60	10 January 2005
17*	A2005-11	12 March 2005
18	A2005-53	23 November 2005
19	A2006-40	29 September 2006
20	A2006-40	24 November 2006
21	A2006-40	1 December 2006
22	A2007-3	12 April 2007
23	A2007-16	11 July 2007
24	A2007-16	30 September 2007
25	A2008-6	16 April 2008
26	A2008-6	1 July 2008
27	A2008-37	2 February 2009
28	A2009-7	6 March 2009
29	A2009-7	7 March 2009
30*	A2009-20	22 September 2009
31	A2009-49	17 December 2009
32	A2009-51	22 March 2010
‡ includes retrospective amendments by Act 2002 No 49

6               Uncommenced amendments

The following amendments have not been included in this republication because they were uncommenced at the republication date:

Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009 A2009-51 sch 1 pt 1.2

Part 1.2Liquor Act 1975

[1.2]Section 84 (1) (h) and (i)

substitute

(h)the licensee has allowed people to smoke in a part of the licensed premises that is an enclosed public place or an outdoor eating or drinking place (other than a designated outdoor smoking area);

(i)the licensee has failed to take reasonable steps to prevent smoke from another area occupied by the licensee entering an enclosed public place or an outdoor eating or drinking place (other than a designated outdoor smoking area);

[1.3]Section 84 (5)

omit

[1.4]Section 110A (1)

substitute

(1)It is a condition of a permit that the permit-holder must not allow people to smoke in a part of the premises for which the permit is issued that is an enclosed public place or an outdoor eating or drinking place.

[1.5]Section 116 (2) (b)

substitute

(b)whether the permit-holder has allowed people to smoke in a part of the premises for which the permit is issued that is an enclosed public place or an outdoor eating or drinking area;

[1.6]Dictionary, new definitions

insert

designated outdoor smoking area—see the Smoke-Free Public Places Act 2003, section 9F (2).

enclosed public place—see the Smoke-Free Public Places Act 2003, dictionary.

outdoor eating or drinking place—see the Smoke-Free Public Places Act 2003, section 9A.

smoke—see the Smoke-Free Public Places Act 2003, section 5B.

Personal Property Securities Act 2010 A2010-15 sch 1 pt 1.1

Part 1.1Liquor Act 1975

[1.1]New section 176

insert

176Licences and permits not personal property—PPS Act

(1)For the PPS Act, section 10, definition of personal property, a licence or permit is not personal property.

(2)In this section:

PPS Act means the Personal Property Securities Act 2009 (Cwlth).

©  Australian Capital Territory 2010