Liquor Act 1992 (Qld)

Liquor Act 1992

An Act to regulate the sale and supply of liquor and the provision of adult entertainment

Part 1    Preliminary

Division 1 Introduction

1   Short title

This Act may be cited as the Liquor Act 1992.

2   Commencement

This Act commences on a day to be fixed by proclamation.

2A   Act binds the Crown

This Act binds the Crown.

3   Main purposes of Act

The main purposes of this Act are—

(a)to regulate the liquor industry, and areas in the vicinity of licensed premises, in a way compatible with—

(i)minimising harm, and the potential for harm, from alcohol abuse and misuse and associated violence; and

Examples of harm—

•adverse effects on a person’s health

•personal injury

•property damage

(ii)minimising adverse effects on the health or safety of members of the public; and

(iii)minimising adverse effects on the amenity of the community; and

(b)to facilitate and regulate the optimum development of the tourist, liquor and hospitality industries of the State having regard to the welfare, needs and interests of the community and the economic implications of change; and

(c)to provide for the jurisdiction of the tribunal to hear and decide reviews of certain decisions under this Act; and

(d)to provide for a flexible, practical system for regulation of the liquor industry of the State with minimal formality, technicality or intervention consistent with the proper and efficient administration of this Act; and

(e)to regulate the sale and supply of liquor in particular areas to minimise harm caused by alcohol abuse and misuse and associated violence; and

(f)to regulate the provision of adult entertainment; and

(g)to provide revenue for the State to enable the attainment of this Act’s main purposes and for other purposes of government.

3A   Principle underlying this Act for facilitating and regulating the liquor industry

(1)The underlying principle of this Act in relation to the sale and supply of liquor is—

(a)a person may obtain a licence to sell or supply liquor as part of conducting a business on premises; and

(b)liquor may only be sold or supplied on the licensed premises as part of the person conducting a business, on the licensed premises, that is the principal activity under the licence.

(2)This Act states the principal activity of a business that may be conducted under each type of licence.

(3)This Act must be administered in accordance with the underlying principle of this Act.

(4)This section applies subject to the main purpose of this Act mentioned in section 3(a).

3B   Declaration for Commonwealth Act

A licence is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

Division 2 Interpretation

4   Definitions

In this Act—

3a.m. safe night precinct ...

abatement notice means a notice made under section 187.

Aboriginal police officer ...

accepted representations—

(a)for part 5C—see section 142ZC(2); or

(b)for part 5D, division 5—see section 142ZT(2).

accounting records includes—

(a)books of account; and

(b)such working papers and other documents as are necessary to explain the methods and calculations by which an account is made up.

adult entertainment has the meaning given by section 103N(2).

adult entertainment permit means a permit granted under this Act authorising a person to provide adult entertainment.

affected by bankruptcy action ...

airport ...

amenity, of a community or locality, means—

(a)the atmosphere, ambience, character and pleasantness of the community or locality; and

(b)the health and safety of persons who live in, work in or visit the community or locality and the comfort or enjoyment they derive from the community or locality.

Anzac Day event, for an RSL or Services Club, means an event or occasion organised by the club to commemorate Anzac Day.

approval means—

(a)for parts 5A and 5B—an approval under part 5A as a trainer for the licensee’s course; or

(b)for an approved manager—an approval to be an approved manager under part 5C; or

(c)for a controller—an approval under part 5D for the holder of the approval to work as a controller.

approved area has the meaning given by section 103P(1).

approved arrangement means a lease, sublease, franchise agreement or management agreement entered into by the holder of a commercial special facility licence if the commissioner has approved the lease or sublease or the entering into of the agreement for the purposes of section 153(3).

approved evaluator, for part 6AA, see section 173EE.

approved extended trading hours, for licensed premises, means the trading hours mentioned in an extended trading hours approval for the premises that is endorsed, under section 85(1), on the licence.

approved form means a form approved by the commissioner under section 234A.

approved ID scanner, for part 6AA, see section 173EE.

approved ID scanning system, for part 6AA, see section 173EE.

approved operator, for part 6AA, see section 173EE.

approved risk-assessed management plan, for premises, means a risk-assessed management plan or revised risk-assessed management plan approved under section 51 for the premises, and includes the plan as changed under section 52 or 52A.

approved training course means a course, prescribed under a regulation, about the responsible service of liquor.

artisan distillery means premises—

(a)at which spirits are produced under—

(i)a producer/wholesaler licence or an artisan producer licence (spirits); or

(ii)an equivalent licence issued under the law of another State; and

(b)at which no more than 450,000 litres of spirits are produced in any financial year.

artisan producer licence (beer) see section 75B(2).

artisan producer licence (spirits) see section 75B(3).

artisan spirits means—

(a)spirits produced in an artisan distillery; or

(b)liqueur produced using spirits produced in an artisan distillery.

assessment period ...

assistant commissioner ...

assistant police commissioner ...

associate has the meaning given by section 4C.

authorised person ...

banning order, for regulated premises, for part 6AA, see section 173EE.

bar licence means a commercial other licence for conducting a business with the principal activity mentioned in section 70.

boat means a boat, ship or other vessel of any size or kind, and includes a hovercraft.

Broadbeach CBD safe night precinct ...

brothel licence ...

cabaret ...

car park means an area with a surface designed or adapted for the parking of vehicles, whether or not the area is being used for that purpose.

car park approval see section 142ZZE(2).

chairperson ...

change day—

(a)for part 12, division 7, subdivision 1—see section 276; and

(b)for part 12, division 7, subdivision 2—see section 282.

chief executive ...

civil banning order ...

club means an association of persons who meet periodically—

(a)with an interest in promoting some object; or

(b)for social purposes.

code means the adult entertainment code made and approved under section 103N.

column 1 licence, for part 12, division 8, see section 288.

column 1 permit, for part 12, division 8, see section 288.

column 2 licence, for part 12, division 8, see section 288.

column 2 permit, for part 12, division 8, see section 288.

commencement ...

commercial complex means a place where a group of retail or commercial premises are located in close proximity to each other, including, for example, a shopping complex.

commercial sexual service—

(a)has the meaning given by the Criminal Code, section 1; but

(b)does not include a sexual act mentioned in the definition mentioned in paragraph (a) if—

(i)the act comprises adult entertainment provided under an entertainment permit by an adult who is not a person with an impairment of the mind under the Criminal Code, section 1; and

(ii)the act is authorised under the permit.

commission ...

commissioner means the Commissioner for Liquor and Gaming under the Gaming Machine Act 1991.

community area means a community area under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984.

community impact statement ...

community investment fund ...

community justice group means a community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, part 4.

community police officer means a person who is—

(a)appointed as a community police officer under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 for a community area; and

(b)authorised under that Act to exercise the powers of an investigator under part 7 of this Act for the administration and enforcement of a prescribed provision and sections 168B, 169 and 171 in the area.

compliance order means an order made under section 46.

controller means a person who supervises the provision of adult entertainment.

control order see the Penalties and Sentences Act 1992, section 161N.

corporatised corporation means a corporate entity under the Local Government Act 2009.

council means—

(a)an indigenous local government under the Local Government Act 2009; or

(c)the Council of the Shire of Aurukun; or

(d)the Council of the Shire of Mornington.

craft beer means beer produced in a craft brewery.

craft brewery means premises—

(a)at which beer is produced under—

(i)a producer/wholesaler licence or an artisan producer licence (beer); or

(ii)an equivalent licence issued under the law of another State; and

(b)at which no more than 5 million litres of beer are produced in any financial year.

criminal intelligence see the Criminal Code, section 86(3).

criminal organisation ...

crowd controller, for part 5, division 6, see section 142AD.

current licensee’s course certificate means a licensee’s course certificate that is in force.

current training course certificate means a training course certificate that is in force.

decision of significant community impact ...

declared criminal organisation ...

defence member means any of the following persons in possession of a current service identity card—

(a)a member of the Permanent Naval Forces, the Australian Regular Army, the Regular Army Supplement or the Permanent Air Force;

(b)a member of the Emergency Forces or the Reserve Forces who is rendering continuous full-time service.

deputy chairperson ...

designated public place, for part 6A, division 3, see section 173K.

detached bottle shop means premises approved by the commissioner as mentioned in section 60(1)(d), even if the premises are subsequently relocated under section 154A or transferred under section 154B.

development approval means—

(a)a development approval under the Planning Act; or

(b)a PDA development approval under the Economic Development Act 2012.

digital authority see the Transport Planning and Coordination Act 1994, section 29AC.

digital device see the Transport Planning and Coordination Act 1994, section 29AB.

digital evidence of age see the Transport Planning and Coordination Act 1994, section 29AD.

digital evidence of identity see the Transport Planning and Coordination Act 1994, section 29AE.

director ...

disciplinary action, relating to a licence, means—

(a)cancelling the licence; or

(b)suspending the licence—

(i)for a stated period; or

(ii)until further ordered by the commissioner up to a maximum period of 1 year; or

(c)closing the licensed premises, or part of the licensed premises, for a stated period; or

(d)varying the licence by—

(i)stating in the licence a condition to which it is to be subject; or

(ii)otherwise limiting the authority conferred by the licence; or

(da)cancelling an extended trading hours approval endorsed on the licence; or

(e)reducing the times at which the licensee may conduct business under authority of the licence; or

(f)disqualifying the licensee from holding a licence or permit—

(i)for a stated period; or

(ii)until further ordered by the commissioner up to a maximum period of 5 years; or

(g)requiring the licensee to pay to the department an amount of not more than $10,000; or

Note—

The department may require the licensee to pay the department an amount of not more than $10,000 for each ground for which disciplinary action is taken—see part 5, division 3, subdivision 3 (Disciplinary action relating to licences).

(h)requiring the licensee to undertake the licensee’s course within a stated period; or

(i)reprimanding the licensee.

disqualified person means a person disqualified under section 228A from holding a licence or permit.

division 5 notice, for part 5D, division 5, see section 142ZT(1).

document, for part 7, see section 173R.

drink safe precinct ...

entertainment ...

executive officer, of a corporation or unincorporated association, means a person who is concerned with, or takes part in, the corporation’s or association’s management, or who is in a position of authority or influence in relation to the corporation or association, whether or not the person is a director or committee member or the person’s position is given the name of executive officer or committee member.

exempt class, for part 6AA, see section 173EE.

exemption notice see section 155AL.

exempt licensee, for a safe night precinct, see section 173NB(2).

exempt minor see section 155.

exit, of premises, for part 5, division 6, see section 142AD.

extended trading hour ...

extended trading hours approval see section 84.

family, of an individual, means all of the following—

(a)the individual’s spouse;

(b)each of the individual’s children who is 18 years or more, including a stepchild, an adopted child and a person for whom the individual was foster-parent or guardian when the person was a child;

(c)each of the individual’s parents, including a step-parent, and a person who was a foster-parent or guardian for the individual when the individual was a child;

(d)each of the individual’s siblings who is 18 years or more, including a step-sibling and a person who was a foster-sibling when the individual was a child.

fee includes a tax.

function see section 4A.

fundraising event means an event or occasion that—

(a)is held primarily for the purpose of raising funds for the benefit of the community; and

(b)is either of the following—

(i)a one-off small regional show;

(ii)another one-off event or occasion starting and ending on the same day.

further action, for part 5D, division 5, see section 142ZR(3)(c).

games authority ...

games period ...

have in possession includes have under control in any place, whether for the use or benefit of the person in relation to whom the term is used or another person, even though another person has the actual possession or custody.

identified organisation, for part 6, division 5, see section 173EA.

identified participant ...

ID scanner, for part 6AA, see section 173EE.

ID scanning system, for part 6AA, see section 173EE.

immediate suspension notice, for part 5D, division 5, see section 142ZR(2).

incident register, for part 5, division 6, see section 142AD.

incorporated association see the Associations Incorporation Act 1981, schedule 2.

indigenous regional council means an indigenous regional council under the Local Government Act 2009.

industrial canteen licence means a commercial other licence for conducting a business with the principal activity mentioned in section 71A.

information notice, for a decision of the commissioner, means a written notice stating the following—

(a)the decision and the reasons for it;

(b)that the person to whom the notice is given may apply to the commissioner for a review of the decision;

(c)how the person may apply for a review.

interested person, in section 43 and part 5, division 3, subdivision 3, means a person who—

(a)is an owner, lessee or mortgagee of licensed premises or a secured creditor of a licensee whose interest is likely to be affected by cancellation of the licence for the premises; and

(b)has, under section 44A(2), given the commissioner particulars of the person’s interest in the licence.

interest in a brothel ...

interest in a sex work business—

1

A person has an interest in a sex work business if the person—

(a)operates, manages or supervises the business; or

(b)owns, either alone or jointly, premises used for carrying on the business; or

(c)is the lessor of premises used for carrying on the business; or

(d)has entered into a business arrangement or relationship with another person for carrying on the business; or

(e)directly receives income from the provision of commercial sexual services provided by the business; or

(f)is able to exercise a significant influence over the carrying on of the business; or

(g)is a member of the family of a person mentioned in paragraph (a), (b), (c), (d), (e) or (f); or

(h)is an executive officer of a corporation that is a person mentioned in paragraph (a), (b), (c), (d), (e) or (f).

3

However, a financial institution that is a mortgagee of premises used for carrying on a sex work business does not have an interest in a sex work business only because the institution is a mortgagee of the premises.

4

Also, for paragraph 1(d), (e) and (f), a sex worker who provides commercial sexual services in the carrying on of a sex work business does not have an interest in a sex work business merely because the sex worker is entitled by way of remuneration to a proportion of the payments made for the provision of the services by the sex worker.

interim civil banning order ...

investigator means—

(a)a person authorised under section 174(1); or

(b)a police officer; or

(c)for the administration and enforcement of sections 168B, 169 and 171—a community police officer.

irresponsible, in relation to consumption of liquor, includes rapid or excessive.

Island police officer ...

licence includes a licence granted or provisionally granted, and a staged development approval issued, under this Act.

licence period means the period for which a fee is payable in respect of a licence or permit.

licensed brothel ...

licensed premises means premises to which a licence relates, and includes premises approved under section 125 for sale of liquor.

licensee means the holder of a licence, and includes a person prescribed to be subject to this Act as if the person were a licensee.

licensee, for part 6AA, division 4, see section 173EE.

licensee ban, for part 6AA, see section 173EE.

licensee member, of the local board of a safe night precinct, see section 173NL(2).

licensee’s course see section 142A(1).

licensee’s course certificate means a certificate in the approved form—

(a)given to a person, for satisfactorily completing the licensee’s course, by someone who holds an approval under part 5A as a trainer for the course; and

(b)stating the certificate remains in force for 3 years after it is given to the person.

liquor see section 4B.

liquor commissioner ...

local board, for a safe night precinct, see section 173NC(2).

lock out condition ...

main premises, for part 4A, division 2, see section 101.

management committee, for a local board, means the board’s management committee formed under the Associations Incorporation Act 1981.

meal means food that—

(a)is eaten by a person sitting at a table, or fixed structure used as a table, with cutlery provided for the purpose of eating the food; and

(b)is of sufficient substance as to be ordinarily accepted as a meal.

MEDQ means MEDQ under the Economic Development Act 2012.

member of a reciprocal club ...

mortgagee includes a lienee.

non-profit entity see section 11A.

non-proprietary club means an association of persons under whose constitution—

(a)the income, profits and assets of the association are to be applied only in promotion of its objects; and

(b)the payment of dividends to, or the distribution of income, profits or assets of the association among, its members is prohibited.

on-premises (cabaret) licence ...

on-premises (function) licence ...

on-premises (meals) licence ...

on-premises (other activity) licence ...

on-premises (presentations) licence ...

on-premises (tourist) licence ...

on-premises (transport) licence ...

ordinarily set aside for dining, for a part of licensed premises, means the part of the licensed premises that is set aside as the regular or usual place for dining on the licensed premises, but does not include a part of the licensed premises set aside merely for a particular day.

original decision, for a review under part 5B, see section 142N(1).

patron, in relation to licensed premises or premises to which a permit relates, includes a person entering or seeking to enter the premises to use the areas, facilities or services on offer at the premises.

PDA-associated land, for a priority development area, see the Economic Development Act 2012, schedule 1.

permit means a permit granted under this Act.

permittee means the holder of a permit, and includes a person prescribed to be subject to this Act as if the person were a permittee.

photo ID, for a person, for part 6AA, see section 173EE.

place includes vacant land or premises.

Planning Act means the Planning Act 2016.

police commissioner ...

police district officer, for a locality, means a police officer who is the local police representative responsible for giving and receiving advice about liquor licensing issues under this Act for the locality.

police information report, for part 5D, see section 142ZO(4).

police report ...

police service means the Queensland Police Service.

post-amended Act means—

(a)for part 12, division 6, see section 268; or

(b)for part 12, division 8, see section 288.

pre-amended Act means—

(a)for part 12, division 6, see section 268; or

(b)for part 12, division 8, see section 288.

premises includes—

(a)land; and

(b)a building or structure on or in land; and

(c)a vehicle, boat, aircraft, train or other means of transport.

prescribed offence means—

(a)an offence against the Criminal Code, section 76; or

(b)an offence mentioned in the Criminal Code, part 2, chapter 9A; or

(c)an offence against the Peace and Good Behaviour Act 1982, section 32, 54 or 75; or

(d)an offence that is—

(i)a prescribed offence within the meaning of the Penalties and Sentences Act 1992, section 161N; and

(ii)committed with a serious organised crime circumstance of aggravation within the meaning of the Penalties and Sentences Act 1992, section 161Q; or

(e)an offence against the Penalties and Sentences Act 1992, section 161ZI.

prescribed provision means the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 34.

prescribed quantity see section 173H(2).

presiding case manager ...

priority development area means a priority development area under the Economic Development Act 2012.

private event see section 101.

producer/wholesaler licence means a commercial other licence for conducting a business with the principal activity mentioned in section 72.

prohibited item, for part 6, division 5, see section 173EA.

prohibited person, for part 6, division 5, see section 173EA.

promotional event means an event held primarily for the purpose of promoting produce from a particular region or the hospitality industry.

Examples of events held primarily for the purpose of promoting produce from a particular region—

craft market, farmers market, agricultural show, food and wine event

Examples of events held primarily for the purpose of promoting the hospitality industry—

trade fair, craft beer festival

proposed action—

(a)for part 5C—see section 142ZB(2)(a); or

(b)for part 5D, division 5—see section 142ZS(3)(a).

prostitution ...

provisional licence means a licence issued under section 123(2).

public event see section 101AA.

public place ...

racing offence provision means any of the following provisions—

(a)the Racing Integrity Act 2016, sections 221 and 223;

(b)the Racing Act 2002, section 321 or 323.

Editor’s note—

Sections 321 and 323 of the Racing Act 2002 were omitted by the Racing Integrity Act 2016, section 371.

rapid intoxication drink, for part 6, division 1B, see section 155AG.

reciprocal club, in relation to a club with a community club licence, community other licence or restricted liquor permit (the relevant club), means another club whose members have privileges at the relevant club because of arrangements between the clubs.

register means the register kept under section 43.

registered corresponding control order see the Penalties and Sentences Act 1992, section 161N.

registrar ...

regulated car park, for licensed premises, means a car park, or part of a car park, that is in or on the licensed premises.

regulated hours, for regulated premises, for part 6AA, see section 173EE.

regulated premises, for part 6AA, see section 173EE.

related body corporate has the same meaning as in the Corporations Act 2001 (Cwlth), section 9.

relevant action, relating to an adult entertainment permit, means—

(a)cancel the permit; or

(b)suspend the permit for a stated period; or

(c)impose conditions on, or vary conditions of, the permit.

relevant agreement, for part 5, division 3A, see section 139A(b).

relevant licence—

(a)for part 12, division 7, subdivision 1—see section 276; and

(b)for part 12, division 7, subdivision 2—see section 282.

relevant licensee, for a safe night precinct, see section 173NB(1).

relevant period, for a development approval for the use of land for licensed premises, means the first of the following periods to end—

(a)the period at the end of which the approval, or the part of the approval for the use, lapses under the Planning Act or the Economic Development Act 2012;

(b)4 years after the day the approval takes effect.

relevant public sector entity means—

(a)an entity controlled by 1, or more than 1, local government; or

(b)an entity controlled by an entity mentioned in paragraph (a).

relevant restricted area means a restricted area to which section 168B applies because of a declaration under section 173H.

remote industrial locality, for part 3A, division 4, subdivision 5, see section 71.

resident, in relation to licensed premises or premises to which a permit relates, means a resident of the premises.

respondent ...

restricted area means an area declared under section 173G(1) to be a restricted area.

restricted period, for part 6, division 1B, see section 155AH(1).

restriction, on the sale or supply of rapid intoxication drinks for part 6, division 1B, see section 155AI(2).

risk-assessed management plan, for premises, means a document containing information about the procedures and practices, relating to the matters prescribed by regulation, for the conduct of business at the premises.

RSL honorary member means a person who is—

(a)a member of the Returned & Services League of Australia through any branch of that league in Australia; and

(b)a member of an RSL or Services Club.

rules, of a local board, means the rules of the local board under the Associations Incorporation Act 1981.

safe night precinct see section 173NC(1).

secretary, of a club, means the principal executive officer of the club, by whatever name called, whether or not the person is a member of the club.

section 228B decision ...

sell includes—

(a)barter or exchange; and

(b)offer, agree or attempt to sell; and

(c)expose, send, forward or deliver for sale; and

(d)cause or permit to be sold or offered for sale; and

(e)supply or offer, agree or attempt to supply—

(i)in circumstances in which the supplier derives, or would be likely to derive, a direct or indirect pecuniary benefit; or

(ii)gratuitously, but to gain or keep custom or other commercial advantage.

sex work business means a business in which commercial sexual services are provided by 2 or more persons.

show cause notice—

(a)for part 5C—see section 142ZB(1); or

(b)for part 5D, division 5—see section 142ZS(2).

show cause period—

(a)for part 5C—see section 142ZB(2)(e); or

(b)for part 5D, division 5—see section 142ZS(3)(e).

small regional show means a function that is an agricultural, horticultural, industrial or pastoral show or exhibition, held at a rural place in Queensland, if the show or exhibition meets criteria prescribed under a regulation for this definition relevant to minimising adverse effects on—

(a)the health or safety of members of the public; and

(b)the amenity of the community.

Examples of criteria that may be prescribed under a regulation—

•the maximum number of persons expected to attend the show or exhibition having regard to attendance at the show or exhibition in previous years

•the maximum period during which liquor is to be sold at the show or exhibition

•the maximum duration of the show or exhibition

staff member, of regulated premises, for part 6AA, see section 173EE.

staged development approval see section 123A(2).

standard drink means a drink containing not more than 12.5mL of ethyl alcohol (ethanol).

subsidiary off-premises licence means a commercial other licence for conducting a business with the principal activity mentioned in section 68.

subsidiary on-premises licence means a commercial other licence for conducting a business with the principal activity mentioned in section 67.

subsidiary on-premises licence (meals) means a subsidiary on-premises licence—

(a)to which section 67 applies, if the principal activity stated in the licence is the provision of prepared food to be eaten on the licensed premises; or

(b)to which section 67A applies.

Surfers Paradise CBD safe night precinct ...

system failure, for regulated premises, for part 6AA, see section 173EE.

takeaway liquor means liquor that is sold on licensed premises to be consumed off the licensed premises.

takeaway meal means food that—

(a)is ordinarily eaten by a person sitting at a table with cutlery provided; and

(b)is of sufficient substance as to be ordinarily accepted as a meal; and

(c)is sold on licensed premises to be consumed off the licensed premises.

trading period, for part 5, division 6, see section 142AD.

training course certificate means—

(a)a certificate given to a person for satisfactorily completing an approved training course; or

(b)a licensee’s course certificate.

training register ...

Tribunal ...

tribunal means QCAT.

tribunal Act means the QCAT Act.

unduly intoxicated ...

unlicensed person means a person who is not the holder of—

(a)a licence under this Act; or

(b)a licence under the Wine Industry Act 1994; or

(c)an approval, however described, under a law of the Commonwealth or a State that allows the approval holder to sell liquor.

unlicensed premises means premises to which a licence or permit does not relate.

unreasonable noise, in relation to licensed premises, means noise that—

(a)exceeds the limits (if any) prescribed by regulation; or

(b)contravenes a compliance order that applies to the premises; or

(c)contravenes a condition that applies to the licence or permit for the premises.

wine has the meaning given by the Wine Industry Act 1994.

4AA   [Repealed]

4A   Meaning of function

(1)Function is an event or occasion to which persons are invited by, or for, the organiser of the event or occasion.

(2)However, function does not include an event or occasion organised—

(a)by the owner or licensee of the licensed premises where the event or occasion is held if the event or occasion is for the owner’s or licensee’s own benefit; or

(b)by someone else if the owner or licensee of the premises where the event or occasion is held is entitled to receive a benefit other than a charge for using the premises and providing catering facilities.

4B   Meaning of liquor

(1)Liquor is a spirituous or fermented fluid or another substance—

(a)in which the level of ethyl alcohol (ethanol) is more than 0.5% by volume at 20ºC; and

(b)that is intended for human consumption.

Examples of spirituous or fermented fluids—

alcoholic cocktails, beers, liqueurs, pre-mixed alcoholic drinks, spirits and wines

Examples of other substances—

aerosol sprays, ice confections, jellies and powders

(2)Liquor also includes any other substance containing ethyl alcohol (ethanol) that is prescribed by regulation as liquor.

4C   Meaning of associate

(1)For an adult entertainment permit, a person is an associate of an individual if the person—

(a)is a member of the individual’s family; or

(b)has entered into a business arrangement or relationship with the individual for the provision of adult entertainment; or

(c)is the owner or lessor, either alone or jointly, of premises used or proposed to be used for the provision of adult entertainment under an adult entertainment permit.

(2)A person is an associate of a corporation if the person is an executive officer of the corporation.

Division 3 Key concepts

4D   [Repealed]

5   Who is a responsible adult for a minor

Each of the following persons is a responsible adult for a minor—

(a)a parent, step-parent or guardian of the minor;

(b)an adult who has parental rights and responsibilities for the minor.

6   Acceptable evidence of age

(1)For this Act, acceptable evidence of the age of a person is a document, issued to the person, that—

(a)is 1 of the following—

(i)a photo identification card;

(ii)a recognised proof of age card;

(iii)an Australian driver licence;

(iv)a foreign driver licence;

(v)an Australian or foreign passport; and

(b)is current; and

(c)bears a photo of the person; and

(d)indicates, by reference to the person’s date of birth or otherwise, the person has attained a particular age.

(1A)Also, for this Act, acceptable evidence of the age of a person is—

(a)a digital authority that complies with subsection (1)(c) and (d); or

(b)a digital evidence of age; or

(c)a digital evidence of identity.

(2)In this section—

Australian driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

authorised entity means—

(a)an entity of the Commonwealth or another State performing functions similar to the functions of the chief executive under the Photo Identification Card Act 2008; or

(b)an entity—

(i)approved by an entity mentioned in paragraph (a) to issue documents used as evidence of the age of persons; and

(ii)approved, in writing, by the commissioner.

foreign driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

photo identification card see the Photo Identification Card Act 2008, section 5.

recognised proof of age card means a document issued to a person, by an authorised entity, for the purpose of evidencing the age of the person.

7   Presumed quantity of liquor

For the purposes of this Act—

(a)12 containers each containing at least 700mL of liquor, or 24 containers each containing at least 345mL of liquor, are to be taken to contain a total quantity of 9L of liquor; and

(b)6 containers each containing at least 700mL of liquor, or 12 containers each containing at least 345mL of liquor, are to be taken to contain a total quantity of 4.5L of liquor.

8   Venue of sale of liquor

For the purposes of this Act, a sale of liquor happens on premises in which is situated the store of liquor from which liquor is appropriated to the contract of sale.

9   Ordinary trading hours

(1)The authority conferred by a licence to sell liquor on licensed premises during ordinary trading hours—

(a)extends only to selling liquor during hours that are, under this section, the ordinary trading hours of the premises; and

(b)if a provision of this section specifies conditions for selling liquor at specified times on specified licensed premises—extends only to selling liquor on the premises, at those times, in accordance with those conditions.

(1A)Subject to subsections (2) and (3), on any day other than Good Friday or Christmas Day, the ordinary trading hours of licensed premises are between 10a.m. and 12 midnight, unless the premises are any of the following—

(a)premises to which a producer/wholesaler licence relates;

(b)premises to which an industrial canteen licence relates;

(c)premises to which a commercial special facility licence for an airport or a casino relates;

(d)premises to which a commercial hotel licence, community club licence, commercial special facility licence or subsidiary on-premises licence (meals) relates, for the sale of takeaway liquor;

(e)premises to which an artisan producer licence relates.

(1B)Subject to subsections (2) to (3A), on any day other than Good Friday or Christmas Day, ordinary trading hours of licensed premises to which a commercial special facility licence for an airport or a casino relates are between 5a.m. and 12 midnight.

(1C)Subject to subsections (2) to (3A), on any day other than Good Friday or Christmas Day, ordinary trading hours of premises to which a commercial hotel licence, community club licence, commercial special facility licence or subsidiary on-premises licence (meals) relates, for the sale of takeaway liquor, are between 10a.m. and 10p.m.

(1D)Subject to subsections (2) and (3), on any day other than Good Friday or Christmas Day, ordinary trading hours of licensed premises to which an artisan producer licence relates are—

(a)for the sale of liquor for consumption on the premises—between 10a.m. and 12 midnight; or

(b)for the sale of liquor for consumption off the premises, other than the sale of liquor by wholesale—between 10a.m. and 10p.m.; or

(c)for the sale of liquor by wholesale—the trading hours of the premises under the Trading (Allowable Hours) Act 1990.

(2)If an order of the commissioner that is directed to reducing the trading hours of specified licensed premises specifies days on which, or times at which, liquor may be sold on the premises, the ordinary trading hours of those licensed premises are the trading hours specified in the order.

(3)On Anzac Day, ordinary trading hours—

(a)of all licensed premises—do not include any period before 1p.m. on Anzac Day except—

(i)for sale of liquor to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises between 10a.m. and 1p.m., or the period between 6a.m. and 1p.m. that the commissioner approves in a particular case; or

(ii)as specified in paragraph (b) and subsection (3A);

(b)of licensed premises on the premises of an RSL or Services Club—subject to subsection (2), include the period from 5a.m. until 1p.m. on Anzac Day.

(3A)Subject to subsection (2), if a licence condition of a commercial special facility licence relating to an airport or casino specifies the trading hours for the licensed premises on Anzac Day, the ordinary trading hours on Anzac Day are the hours specified in the condition.

(4)Subject to subsections (2), (3) and (7), the ordinary trading hours of licensed premises to which a producer/wholesaler licence relates are the trading hours of the premises under the Trading (Allowable Hours) Act 1990.

(5)Subject to subsections (2) and (6), on Good Friday and Christmas Day ordinary trading hours of all licensed premises, other than premises to which a producer/wholesaler licence relates or premises to which subsection (5A) applies, are—

(a)for sale of liquor to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises—between 10a.m. and 12 midnight; or

(b)for other sale of liquor—nil.

(5A)Subject to subsection (2), if a licence condition of a commercial special facility licence relating to an airport or casino specifies the trading hours for the licensed premises on Good Friday or Christmas Day, the ordinary trading hours on that day are the hours specified in the condition.

(6)Subject to subsection (2), if a sporting event is held at a major sports facility on Good Friday, the ordinary trading hours of licensed premises at the major sports facility on Good Friday are between 12 noon and 12 midnight.

(7)If the licensee of licensed premises to which a producer/wholesaler licence relates is a producer of liquor, then, on any day on which the premises may, under subsection (4), be lawfully open for trading, and subject to subsections (2) and (3), ordinary trading hours of the premises are—

(a)for sale of liquor, produced or made on the premises, to a person to consume on the premises in association with the consumer eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises; or

(b)for sale of liquor produced or made on the premises to a visitor to the premises as a souvenir of the visit;

such period between 10a.m. and 12 midnight as the commissioner approves in a particular case.

(12)In respect of licensed premises to which a commercial hotel licence, community club licence or commercial special facility licence relates, the commissioner may approve, as ordinary trading hours, different hours for different parts of the licensed premises.

(13)The ordinary trading hours of licensed premises for New Year’s Eve day are the ordinary trading hours for the premises for the day and, if the ordinary trading hours would end before 2a.m. on New Year’s Day, the ordinary trading hours are extended until 2a.m.

(14)In this section—

major sports facility see the Major Sports Facilities Act 2001, schedule 2.

9A   When a person may be taken to be unduly intoxicated

For this Act, a person may be taken to be unduly intoxicated if—

(a)the person’s speech, balance, coordination or behaviour is noticeably affected; and

(b)there are reasonable grounds for believing the affected speech, balance, coordination or behaviour is the result of the consumption of liquor, drugs or another intoxicating substance.

10   When supply of liquor is in association with eating a meal

For the purpose of this Act, a sale or supply of liquor may be taken as being in association with the consumer eating a meal if the liquor is supplied on premises—

(a)to a consumer who has indicated a genuine intention of eating a meal on the premises, within 1 hour before the consumer orders the meal; or

(b)after the consumer orders the meal and before he or she finishes eating it; or

(c)within 1 hour after the consumer has finished eating the meal;

and at no other times.

10A   When meal is taken not to have been prepared and served to be eaten on premises

(1)For this Act, a meal is taken not to have been prepared and served to be eaten on premises if the preparation does not involve adding value to the food comprising the meal.

(2)Without limiting subsection (1), a person does not add value to food comprising a meal by merely heating a product the person purchased.

Example for subsection (2)—

A person does not add value to food if the person heats a prepackaged pie or other item and serves it.

(3)However, the preparation of a meal is taken to involve adding value to the food comprising the meal if the meal forms part of a menu and the majority of menu items offered and available are meals the preparation of which otherwise involves adding value to the food comprising the meals.

11   Public place

(1)For the purposes of this Act, a public place includes—

(a)any premises to which the public has access as of right, or with the express or tacit consent, or permission, of the owner or occupier of the premises at the time material to the application of this Act in respect of the premises; and

(b)any doorway, entrance or vestibule that gives access to premises from a public place under paragraph (a).

(2)Premises may be a public place under subsection (1) even if, at the material time—

(a)access to the premises depends on payment of a price for admittance or fulfilment of some other condition; or

(b)no person is on, or seeking access to or from, the premises.

Division 4 Exemptions and related matters

Subdivision 1 Exemptions

11A   Meaning of non-profit entity

(1)A non-profit entity is—

(a)a non-proprietary club; or

(b)another entity approved by the commissioner.

(2)The commissioner may approve an entity under subsection (1)(b) in relation to the sale of liquor only if the commissioner is satisfied all the net proceeds from the sale will be used for the benefit of the community.

11B   [Repealed]

12   Exemption for taking, removing or carrying liquor in particular circumstances

A provision of this Act that prohibits—

(a)taking liquor into premises to which a licence or permit relates; or

(b)removing liquor from premises to which a licence or permit relates; or

(c)carrying liquor for sale;

whether absolutely or at a particular time, does not apply to a carrier, delivery person or other person engaged in delivering liquor to, or collecting liquor from, any such premises or carrying liquor in the ordinary course of lawful business.

13   Exemption for the sale of liquor at fundraising event

(1)This Act does not apply to a sale of liquor by an eligible entity at a fundraising event if—

(a)all the net proceeds from the sale of liquor will be used for the benefit of the community; and

(b)the sale of liquor is ancillary to the fundraising event; and

(c)the liquor is sold between 7a.m. and midnight; and

(d)for a fundraising event other than a small regional show—the liquor is sold during a period not exceeding a total of 8 hours; and

(e)the liquor is sold in open containers for consumption at the event; and

(f)the liquor is sold by an adult; and

(g)the eligible entity ensures the sale of liquor does not create an unsafe environment at the event.

Example of when the sale of liquor creates an unsafe environment at the event—

the entity allows a person to whom the liquor is sold to remain at the event when the person is clearly unduly intoxicated, behaving in a disorderly way, causing a disturbance to other persons or demonstrating violent behaviour

(2)However, this Act does apply to the sale of liquor at a fundraising event if—

(a)the liquor is sold at the event in a manner that encourages the irresponsible consumption of liquor; or

(b)the liquor is sold at the event to a person who—

(i)is a minor; or

(ii)is unduly intoxicated or disorderly; or

(c)the liquor is sold on Christmas Day or Good Friday or before 1p.m. on Anzac Day; or

(d)the event is held—

(i)in a relevant restricted area; or

(ii)at licensed premises or premises to which a permit relates.

(3)For subsection (1), an entity is an eligible entity for the sale of liquor at a fundraising event if—

(a)it is a non-profit entity for the event; and

(b)neither the entity nor an executive officer of the entity has, within 6 months immediately before the event, been given a non-compliance notice under section 14C(3) stating that the sale of liquor must cease immediately; and

(c)neither the entity nor an executive officer of the entity has, within the 5 years immediately before the event, been convicted of an offence under any of the following—

(i)section 155A;

(ii)section 156;

(iii)section 156A;

(iv)section 169; and

(d)for an entity or an executive officer of the entity that is a licensee or permittee, neither the entity nor the executive officer has, within the 5 years immediately before the event—

(i)been given a written notice for an urgent suspension of the entity’s or executive officer’s licence under section 137C; or

(ii)been convicted of an offence under section 142ZZ or 142ZZB; or

(iii)breached a condition of a licence or permit relating to minimising alcohol-related disturbances, or public disorder, in a locality.

(4)However, an entity is not an eligible entity if, when the fundraising event is held, the entity or an executive officer of the entity is disqualified from holding a licence under part 5, division 3, subdivision 3.

(5)In this section—

executive officer, of an entity, means—

(a)if the entity has a management committee—each member of the committee; or

(b)otherwise—each member of the entity who is concerned with, or takes part in, the management of the entity.

14   Exemption for the sale of liquor as part of fundraising raffle

This Act does not apply to a sale of liquor forming part of a prize for a raffle if—

(a)the raffle is conducted by a non-profit entity; and

(b)all the net proceeds of the sale of raffle tickets for the prize will be used only—

(i)for a non-proprietary club—to promote the objects of the non-profit entity; or

(ii)for another entity—for the benefit of the community; and

(c)the total value of the liquor forming part of the prize is not more than $1,000; and

(d)raffle tickets for the prize are sold to an adult person, other than a person who is unduly intoxicated; and

(e)the liquor forming part of the prize is given to an adult person, other than a person who is unduly intoxicated; and

(f)the raffle is conducted in an area other than a relevant restricted area.

14A   Exemption for hospitals and nursing homes

(1)This Act does not apply to a sale of liquor—

(a)in a nursing home, other than a nursing home in a relevant restricted area, to an adult resident of the nursing home, or an adult guest of a resident of the nursing home, if the quantity of liquor sold to the resident or guest is not more than 2 standard drinks in a day; or

(b)in a hospital, other than a hospital in a relevant restricted area, to an adult inpatient of the hospital, if the quantity of liquor sold to the inpatient is not more than 2 standard drinks in a day.

(2)In this section—

hospital means—

(a)a hospital operated by the State; or

(b)a private hospital under the Private Health Facilities Act 1999.

nursing home means a facility in which residential care is provided in relation to an allocated place under the Aged Care Act 1997 (Cwlth).

14AB   Exemption for particular liquors

(1)This Act does not apply to liquor if it is to be used only as—

(a)a preservative or medium in which fruit is offered for sale to the public in sealed containers and with the contents visible; or

(b)a food additive or an ingredient for food preparation; or

Examples of food additives or ingredient for food preparation—

Chinese cooking wine and soy sauce

(c)a personal hygiene product that is not swallowed; or

Examples of personal hygiene products—

perfumes, mouthwashes and topical disinfectants

(d)a medicine or for medicinal or chemical purposes.

Example of a substance used as a medicine or for medicinal or chemical purposes—

cough syrup

(2)However, this Act does apply to a substance that is liquor mentioned in subsection (1) if—

(a)the substance is being used as a beverage or for manufacturing a beverage; or

(b)all of the following apply—

(i)a regulation prescribes the substance for this paragraph;

(ii)the substance is sold otherwise than by wholesale;

(iii)if the regulation prescribes a maximum amount of the substance that may be contained in a container in which the substance is sold—the substance is sold in a container containing more than the amount prescribed.

14B   Other exemptions for the sale of liquor

(1)This Act does not apply to the following—

(a)a sale of liquor to an adult in Parliament House by permission and under control of the Parliament;

(b)a sale of liquor in the lawful operation of an Australian Defence Force canteen;

(c)a sale to an adult at an auction, other than an auction in a relevant restricted area, conducted by a licensed auctioneer—

(i)of liquor for a person who is authorised by this Act to sell the liquor; or

(ii)by order of a trustee under the Bankruptcy Act 1966 (Cwlth), of liquor held by the trustee as trustee under that Act; or

(iii)by order of the executor, administrator or trustee of the estate of a deceased person, of liquor that is the property of the deceased’s estate; or

(iv)by order of the public trustee, of liquor that is the property of an estate in the course of administration by the public trustee;

(d)a sale, during actual flight of an aircraft, of liquor to an adult passenger on the aircraft made for the aircraft’s operator and for consumption during the flight, or carrying or exposing liquor for the sale;

(e)a sale of liquor by a provider of bed and breakfast accommodation or host farm accommodation, other than accommodation in a relevant restricted area, to an adult guest of the provider for consumption on the premises at which the accommodation is provided;

(f)a sale of liquor to an adult by the proprietor of a duty free shop, other than a duty free shop in a relevant restricted area, described in a warehouse licence under the Customs Act if—

(i)the sale takes place at the duty free shop; and

(ii)the liquor is goods specified in a permission given to the proprietor under section 96A or 96B of that Act; and

(iii)the liquor is to be delivered to the adult under the permission;

(g)a sale of liquor forming part of a floral arrangement or gift basket to be delivered as a gift to a person (the relevant person) other than the purchaser of the floral arrangement or gift basket, if—

(i)the sale is part of a florist’s business or the business of a person selling gift baskets; and

(ii)the relevant person is an adult; and

(iii)the gift is to be delivered to a place other than the place at which the business mentioned in subparagraph (i) is conducted; and

(iv)the gift is to be delivered to a place other than a place within a relevant restricted area; and

(v)the quantity of the liquor is not more than 2L and, if the liquor includes spirits, the quantity of spirits is not more than 1L; and

(vi)the total value of the liquor and the container in which it is supplied is not more than 75% of the gift’s sale price or a lesser amount prescribed under a regulation; and

(vii)the liquor had been purchased on a retail basis;

(h)a sale of liquor in a retirement village, other than a retirement village in a relevant restricted area, to an adult who is a resident of the retirement village or an adult guest of a resident if the quantity of liquor sold to the person is not more than 2 standard drinks in a day;

(i)a sale of liquor by a hairdresser or a barber to an adult client if—

(i)the sale takes place at the premises where the hairdresser or barber conducts his or her business as part of the hairdressing or barber services provided to the client; and

(ii)the premises are not in a relevant restricted area; and

(iii)the liquor is consumed on the premises; and

(iv)the quantity of the liquor sold to the client is not more than 2 standard drinks in a day; and

(v)the liquor is not sold or consumed on Christmas Day or Good Friday or before 1p.m. on Anzac Day;

(j)a sale of liquor by a limousine licensee to an adult passenger of a limousine if—

(i)the sale takes place during the journey for which the limousine was hired; and

(ii)the liquor is not sold or consumed inside a relevant restricted area; and

(iii)the liquor is consumed inside the limousine; and

(iv)the quantity of the liquor sold to the passenger is not more than 2 standard drinks in a day; and

(v)the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on any other day between 2a.m. and 10a.m;

(k)a sale of liquor by a tour operator to an adult participant of a tour if—

(i)the sale happens during a tour booked with the operator; and

(ii)the liquor is not sold or consumed inside a relevant restricted area; and

(iii)the quantity of the liquor sold by the operator to the participant is not more than 2 standard drinks in a day; and

(iv)the liquor is not sold or consumed on Christmas Day or Good Friday, before 1p.m. on Anzac Day, or on another day between 2a.m. and 10a.m.

(2)In this section—

aircraft means an aircraft that is not licensed premises.

bed and breakfast accommodation means accommodation that—

(a)includes the provision of accommodation and breakfast for guests; and

(b)is conducted on premises (other than a caravan, caretaker’s or manager’s residence, flat, home unit, hostel, hotel, lodging house, motel or relocatable home) by a person who lives on the premises; and

(c)caters for a maximum of 8 adult guests at the same time; and

(d)may be provided for a guest for a maximum continuous period of 14 days.

Customs Act means the Customs Act 1901 (Cwlth).

duty free shop means—

(a)an outwards duty free shop under section 96A of the Customs Act; or

(b)an inwards duty free shop under section 96B of the Customs Act.

host farm accommodation means accommodation that—

(a)includes the provision of accommodation and meals, or food for preparing meals, for guests; and

(b)is conducted on a farm involved in primary production by a person who manages, and lives on, the farm; and

(c)caters for a maximum of 6 guests at the same time; and

(d)may be provided for a guest for a maximum continuous period of 30 days.

limousine see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

limousine licensee means the holder of a limousine licence under the Transport Operations (Passenger Transport) Act 1994.

pharmacist means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession, other than as a student.

resident, of a retirement village, see the Retirement Villages Act 1999, section 9.

retirement village see the Retirement Villages Act 1999, section 5.

Subdivision 2 Notices of non-compliance

14C   Notice of non-compliance for fundraising event

(1)This section applies in relation to a fundraising event held by an entity purporting to rely on section 13 if, at any time during the event, an investigator or police officer considers the entity does not qualify for the exemption under that section.

(2)The investigator or police officer may give a notice (a non-compliance notice) to any of the following—

(a)the entity;

(b)the person who appears to be in charge of the sale of liquor at the event;

(c)a person selling liquor at the event.

(3)The notice must state—

(a)that the investigator or police officer believes the sale of liquor at the event is not exempt from this Act under section 13; and

(b)the reason for the investigator’s or police officer’s belief; and

(c)that a failure to qualify for the exemption under section 13 means the entity may be prosecuted for breaching 1 or more provisions of this Act; and

(d)either—

(i)the action the investigator or police officer considers must be taken to qualify for the exemption under section 13; or

(ii)that the sale of liquor must cease immediately.

Part 2    Jurisdiction of tribunal

Division 1 Jurisdiction of the tribunal

15   [Repealed]

15A   [Repealed]

16   [Repealed]

17   [Repealed]

18   [Repealed]

19   [Repealed]

20   [Repealed]

20A   [Repealed]

20B   [Repealed]

20C   [Repealed]

20D   [Repealed]

20E   [Repealed]

20F   [Repealed]

21   Jurisdiction and powers of tribunal

(1)The tribunal may review the decisions of the commissioner in relation to—

(a)the grant or refusal of a licence or permit or the renewal of an extended hours permit; or

(b)a review decision under section 142P; or

(c)the refusal to grant an approval for a controller under section 142ZK; or

(d)the specification of conditions in a licence or permit; or

(e)an extended trading hours approval including the grant, refusal to grant or cancellation of the approval or any variation of the conditions of the approval; or

(f)the giving of a compliance notice under section 142ZZD; or

(g)a request under section 142ZZD(8) to amend or revoke a compliance notice; or

(h)the extension of a period of time under section 155AD(7)(b); or

(i)the payment of a fee by instalments under section 209; or

(j)the taking of disciplinary action relating to a licence, the suspension (including urgent suspension) or cancellation of a licence or permit or the imposition or variation of the conditions of a permit; or

(k)the surrender of a licence or permit; or

(l)the suspension, continued suspension or cancellation of an approval for a controller under section 142ZV; or

(m)the grant or refusal of an authorisation under this Act; or

(n)an order directed to a licensee or permittee or a person holding an authorisation under this Act; or

(o)the refusal to grant an application to change an approved risk-assessed management plan; or

(p)a direction to change an approved risk-assessed management plan under section 52A; or

(q)the refusal to grant an application for an approval as an approved manager; or

(r)the refusal to renew an approval as an approved manager; or

(s)the suspension or cancellation of an approval as an approved manager; or

(t)a refusal to give an approval mentioned in section 153(1) or (3); or

(u)a withdrawal of an approval under section 139D; or

(v)a fee payable in respect of a licence; or

(w)allotment or apportionment of liability for payment, or entitlement to refund, of a fee in respect of a licence or permit; or

(x)a decision for which an information notice must be given under part 6AA; or

(y)a decision to refuse, vary or revoke an exemption from the restriction on the sale of rapid intoxication drinks under section 155AK or 155AP.

(2)In exercise of its jurisdiction, the tribunal—

(a)has—

(i)the powers and discretions of the commissioner in respect of the matter under review; and

(ii)the powers otherwise conferred on it by this Act; and

(b)has the duties imposed by this Act on the commissioner in respect of the matter under review; and

(c)is subject to the limitations imposed by this Act on the commissioner in respect of the matter under review.

22   [Repealed]

23   [Repealed]

24   [Repealed]

25   [Repealed]

26A   [Repealed]

26   [Repealed]

27   [Repealed]

28   [Repealed]

29   [Repealed]

Division 1A [Repealed]

(Repealed)

Division 2 Review of decisions by tribunal

29A   Definitions

In this division—

submission does not include a submission made under section 118A.

tribunal registrar means the principal registrar under the tribunal Act.

30   Who may apply for review of decisions

(1)A person may apply, as provided under the QCAT Act, to the tribunal for a review of a decision of the commissioner if—

(a)the person—

(i)made an application, submission or objection in the proceeding in which the decision was made; or

(ii)if the decision is to take disciplinary action relating to, or the urgent suspension of, a licence, to cancel or suspend a permit or to impose or vary the conditions of a permit—is the licensee or permittee; and

(b)the person is aggrieved by the decision.

(2)However, if, under section 111(2), the commissioner decides to vary conditions of a licence or permit relating to a restricted area, a person who made a submission or objection in the proceeding for the variation is not entitled to apply to the tribunal for a review of the commissioner’s decision.

(3)In this section—

objection includes an objection made by the Minister under section 119A.

31   Failure to notify about decision

(1)This section applies if the commissioner fails to notify an applicant of the grant or refusal of an application within 30 days after the end of the time within which all steps required or permitted by this Act to be taken relating to the application must be taken.

(2)For the purposes of a review by the tribunal, the commissioner is taken to have given to the applicant notice of a decision to refuse the application at the end of the period of 30 days.

32   Notification of review to interested persons

(1)As soon as practicable after receiving notice of an application for a review under section 30, the commissioner must give to the principal registrar written notice of the names and addresses (as last known to the commissioner) of all persons who made an application, submission or objection in the proceeding relevant to the review.

(2)The principal registrar must give to each person whose name and address have been notified to the principal registrar under subsection (1), other than the person who applied for the review, written notice that a review has been started.

(3)At least 3 days before a hearing of a review is to start, the principal registrar must give written notice of the time and place of the hearing to the following persons—

(a)the person who applied for the review;

(b)the commissioner;

(c)as far as is practicable—each person whose name and address have been given to the principal registrar under section 32(1).

(4)In this section—

objection includes an objection made by the Minister under section 119A.

33   Tribunal to decide review on evidence before the commissioner

(1)In a proceeding for a review of a decision of the commissioner by the tribunal, the tribunal must—

(a)hear and decide the review of the decision by way of a reconsideration of the evidence before the commissioner when the decision was made; and

(b)decide the review of the decision in accordance with the same law that applied to the making of the original decision.

(2)If the tribunal decides, under the QCAT Act, section 139, that a proceeding for a review of a decision should be reopened, the issues in the proceeding that are reheard, must be—

(a)heard and decided by way of a reconsideration of the evidence given in the proceeding for the review of the decision; and

(b)decided in accordance with the same law that applied to the making of the original decision.

(3)In this section—

original decision means the decision of the commissioner to which the proceeding for the review relates.

34   Tribunal may give leave for review to be decided on new evidence in particular circumstances

(1)Despite section 33, the tribunal may grant a party to a proceeding for a review of a decision of the commissioner (the decision) leave to present new evidence if the tribunal is satisfied—

(a)the party did not know, and could not reasonably be expected to have known, of the existence of the new evidence before the decision; and

(b)in the circumstances, it would be unfair not to allow the party to present the new evidence.

(2)If the tribunal gives leave under subsection (1), the tribunal must adjourn the proceedings for a stated reasonable time to allow the commissioner to reconsider the decision together with the new evidence and to allow for further submissions by affected persons.

(3)In this section—

new evidence means evidence that was not before the commissioner when the decision was made.

35   Appeals from tribunal only to Court of Appeal on a question of law

(1)This section applies to a decision of the tribunal (the tribunal decision) in a proceeding for a review of a decision of the commissioner.

(2)The QCAT Act, chapter 2, part 8, division 1 does not apply to the tribunal decision.

(3)A party to the proceeding may appeal to the Court of Appeal against the tribunal decision but only if the appeal is on a question of law.

(4)To remove any doubt, it is declared that the QCAT Act, section 149 does not apply to the tribunal decision.

Note—

See the QCAT Act, sections 151 to 153, 155 and 156 for other requirements and effects of an appeal to the Court of Appeal.

35A   [Repealed]

Division 3 [Repealed]

36   [Repealed]

37   [Repealed]

38   [Repealed]

39   [Repealed]

40   [Repealed]

41   [Repealed]

41A   [Repealed]

Part 3    Administration

42   Power of delegation

(1)The commissioner may delegate the commissioner’s powers under this Act to an appropriately qualified public service employee, police officer or person employed by a local government other than a council.

(2)However, a delegation under subsection (1) for the issue of a permit relating to a restricted area may only be given to an appropriately qualified officer of the department.

(3)A person to whom a power has been delegated under subsection (1) may delegate the power to an appropriately qualified public service employee, police officer or person employed by a local government other than a council.

(4)In this section—

appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the power.

Example of standing—

for a public service employee, the employee’s position in a department

42A   Commissioner may make guidelines

(1)The commissioner may make guidelines to inform persons about—

(a)the attitude the commissioner is likely to adopt on a particular matter; or

(b)how the commissioner administers this Act; or

(c)matters that may help persons comply with their responsibilities, or lawfully and appropriately exercise powers, under this Act.

Examples—

1The commissioner might make a guideline stating the matters that must be dealt with in a risk-assessed management plan.

2The commissioner might make a guideline stating the matters that must be dealt with in a community impact statement required under section 116.

3The commissioner might make a guideline to help licensees and others determine if a person is unduly intoxicated.

4The commissioner may make guidelines under sections 101AA, 142ZZ, 142ZZA or 142ZZD.

(2)A guideline may be replaced or amended by a later guideline made under this section.

(3)The commissioner must keep copies of the guidelines available for inspection, free of charge, by members of the public at—

(a)the department’s head office and regional offices; and

(b)other places the commissioner considers appropriate.

(4)Also, the commissioner must, if asked by a person, give the person a copy of a guideline, or an extract from a guideline, free of charge.

43   Register of licences, permits and applications to be kept

(1)The commissioner must keep a register of licences, permits and applications, in a form or forms the commissioner considers appropriate.

(2)The register is to contain the following—

(a)particulars of licences and permits;

(b)particulars of licensees, permittees and interested persons;

(c)addresses of licensed premises or places to which permits relate;

(d)trading hours that apply to licences or permits;

(e)particulars of applications required under section 118(1) to be advertised that have not been decided.

(3)However, the commissioner must ensure the register does not include any of the following—

(a)sensitive information about a person;

(b)information the commissioner reasonably considers is commercially sensitive;

(c)particulars given to the commissioner under section 45.

(4)For subsection (3)(b), a person may ask the commissioner to consider a written submission by the person about whether information is commercially sensitive.

(5)In this section—

sensitive information about a person means information about—

(a)the person’s reputation; or

(b)the person’s history of behaviour or attitude in relation to the management and discharge of the person’s financial obligations.

44   Register open to inspection

The register must be available in the department at Brisbane for inspection—

(a)by an investigator or a police officer while performing duty for the purposes of this Act, free of charge; and

(b)by any other person, on payment of the fee prescribed.

44A   Owner, lessee, mortgagee and secured creditors to give particulars to commissioner

(1)This section applies to—

(a)an owner, lessee and mortgagee of licensed premises; and

(b)a secured creditor of the licensee whose interest is likely to be affected by cancellation of the licence for the premises.

(2)The persons mentioned in subsection (1) must give the commissioner particulars sufficient to identify their interest in the licence within 28 days of—

(a)acquiring the interest; or

(b)if the person holds the interest at the time the licence is granted—the granting of the licence.

(3)A person who has given particulars under subsection (2) of the person’s interest in a licence must give the commissioner notice that the person no longer holds the interest within 28 days of ceasing to hold the interest.

Maximum penalty for subsection (3)—1 penalty unit.

45   Court officials to furnish particulars

The court official who has custody of records of convictions recorded, and penalties ordered, by a court must give to the commissioner particulars of—

(a)all convictions by the court of licensees, permittees and approved managers; and

(b)all penalties ordered by the court on the convictions.

46   Compliance orders for licensed premises etc.

(1)The commissioner may issue an order to a licensee, permittee, owner or other person shown in the register as a person who has an interest in licensed premises, or premises to which a restricted liquor permit relates, about—

(a)altering the premises to make the premises suitable for the conduct of business under authority of the licence or permit; or

(b)increasing or decreasing the area of the premises; or

(c)stopping or preventing unreasonable noise coming from the premises; or

(d)complying with laws about fire safety for the premises and hygienic practices in the conduct of business under authority of the licence or permit; or

(e)complying with requirements under section 173EHAA for a re-entry pass system for the premises, including for re-entry passes for the re-entry pass system; or

(f)complying with this Act.

(2)The order must state—

(a)the action that is required to be taken; and

(b)the grounds for requiring the action to be taken; and

(c)an outline of the facts and circumstances that form the basis for the grounds; and

(d)for each action that is required to be taken—the time, of up to 6 months, within which the person to whom the order is issued must take the action; and

(e)the time, of up to 6 months, that the order has effect for; and

(f)that, if the person to whom the order is issued fails to comply with the order, the commissioner may start proceedings in the Magistrates Court in relation to the failure, without further notice to the person.

(3)The commissioner may, by written notice, extend a time under subsection (2)(d) or (e) for 1 or more periods of up to 6 months to enable the person to whom the order is issued to comply with the order.

(4)The person to whom the order is issued must comply with the order.

Maximum penalty—100 penalty units.

(5)The issuing of an order under this section does not stop any other action being taken under this Act in relation to the matter that is the subject of the order, including, for example—

(a)an abatement notice being issued; or

(b)the licence or permit for the premises being varied; or

(c)disciplinary action being taken in relation to the licence; or

(d)proceedings being started for an offence against this Act.

(6)No compensation is payable by the State to any person because of an order made under this section, despite any other Act or law.

(7)In this section—

premises includes an area containing plant or equipment that is not part of the premises, but is used for the benefit of the premises.

46A   Compliance orders for unreasonable noise

(1)The commissioner may issue a compliance order, in accordance with section 46, in relation to unreasonable noise coming from premises if an abatement notice has been issued in the last 1 year in relation to the premises.

(2)The commissioner must consider at least the following before making the order—

(a)the order of occupancy between—

(i)the licensee or permittee; and

(ii)any person who has complained about the noise to the commissioner;

(b)any changes, including structural changes, made over time to—

(i)the premises; or

(ii)the premises occupied by any person who has complained about the noise to the commissioner;

(c)any changes made over time in the activities conducted on the premises;

(d)for each abatement notice issued for the premises—

(i)the reason for issuing the notice; and

(ii)whether the notice was complied with.

(3)The commissioner, as part of the action required to be taken under the order, may require the person to stop all specified noise coming from the premises until the person demonstrates to the commissioner that the noise can be permanently limited to reasonable noise.

Example of specified noise—

•noise of a specified kind or level

•noise at a certain time of the day

•noise from a specified location

(4)Also, the order may require the person to give the commissioner an acoustic report that complies with the commissioner’s guideline (if any) about acoustic reports.

(5)After considering the acoustic report, the commissioner may amend the order to require the person to take action to improve the acoustics of the premises in order to stop unreasonable noise coming from the premises.

(6)Also, the commissioner may amend the order if—

(a)the commissioner is satisfied the person has taken, or is in the process of taking, the action required under the order to stop unreasonable noise coming from the premises; or

(b)the licence or permit for the premises is varied in a way that the commissioner considers is reasonably likely to stop unreasonable noise coming from the premises.

(7)In this section—

acoustic report means a current report from a qualified acoustic engineer that identifies—

(a)how much noise can come from the premises before the noise is unreasonable; and

(b)ways to improve the acoustics of the premises to stop unreasonable noise coming from the premises.

47   Assistance to public authorities

The commissioner may disclose to—

(a)any authority charged with administering a law of another State or a Territory relating to licensing for the sale or supply of liquor; or

(b)any authority that seeks the information for the purpose of performing functions of a public nature imposed on the authority by law;

information gathered in the course of administering this Act with respect to—

(c)the administration of this Act; or

(d)the affairs of any person affected by the administration of this Act.

47A   Publication of information on internet etc.

The commissioner may publish information in the register kept under section 43 in a way the commissioner considers appropriate, including, for example, by the internet or other telecommunication.

47B   Exchange of information

(1)The commissioner may enter into an arrangement (an information-sharing arrangement) with the police commissioner for the purpose of sharing or exchanging information—

(a)held by the commissioner or the police commissioner; or

(b)to which the commissioner or the police commissioner has access.

(2)An information-sharing arrangement may relate only to information that assists—

(a)the commissioner perform the commissioner’s functions under this Act; or

(b)the police commissioner perform the police commissioner’s functions.

(3)Under an information-sharing arrangement, the commissioner and the police commissioner are, despite another Act or law, authorised to—

(a)ask for and receive information held by the other party to the arrangement or to which the other party has access; and

(b)disclose information to the other party.

(4)The commissioner may use criminal intelligence given to the commissioner under an information-sharing arrangement only for monitoring compliance with this Act.

(5)In this section—

information does not include information given to the police commissioner or commissioner, or to which the police commissioner or commissioner has access, under the Crime and Corruption Act 2001.

47C   Police commissioner to notify of charges

(1)This section applies if—

(a)the commissioner gives the police commissioner the name of a relevant person; and

(b)the police commissioner reasonably suspects a person who is charged with an offence is the relevant person.

(2)The police commissioner must give the commissioner a written notice about the charge.

(3)The notice must state the following—

(a)the name and address of the person charged;

(b)the person’s date of birth;

(c)particulars of the offence the person is charged with;

(d)the date of the charge.

(4)The commissioner may confirm the suspicion of the police commissioner mentioned in subsection (1)(b).

(5)In this section—

associate, of a holder of an adult entertainment permit, means an individual who—

(a)is a member of the holder’s family; or

(b)has entered into a business arrangement or relationship with the holder for the provision of adult entertainment; or

(c)is the owner or lessor, either alone or jointly, of premises used or proposed to be used for the provision of adult entertainment under the adult entertainment permit; or

(d)if the holder of the adult entertainment permit is an executive officer of a corporation—is another executive officer of the corporation.

relevant person means—

(a)an approved manager; or

(b)an adult entertainment controller; or

(c)an individual who—

(i)is a licensee, permittee or approved operator; or

(ii)holds a licence or permit on behalf of an unincorporated association; or

(iii)holds an approval mentioned in section 153(1) or (3); or

(iv)for a licence or permit held on behalf of a partnership—is a partner in the partnership; or

(d)an executive officer of a corporation or unincorporated association that—

(i)is a licensee, permittee or approved operator; or

(ii)holds an approval mentioned in section 153(1) or (3); or

(e)an associate of a holder of an adult entertainment permit.

48   Preservation of confidentiality

(1)Subject to subsection (2), a person who is engaged, or has been engaged, in giving effect to this Act must not make a record of, or directly or indirectly disclose, information about the affairs of another person gathered in the course of administration of this Act.

Maximum penalty—35 penalty units.

(2)Subsection (1) does not apply to—

(a)disclosing information in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or

(b)disclosing information in the register; or

(c)disclosing information about the status of an application required to be advertised under section 118(1); or

(d)disclosing information about applications under section 121B; or

(e)disclosing information about the status of an application to the tribunal for a review and the names of the parties to the review; or

(b)is not endorsed with an extended trading hours approval granted under part 4, division 7; and

(c)purportedly authorises the sale of liquor on the licensed premises, on a day other than Anzac Day, Good Friday or Christmas Day, during a time starting at or after 12a.m. and ending at or before 5a.m. (the authorised post-midnight trading hours).

(2)The licence is taken to be endorsed with an extended trading hours approval (the deemed approval) for trading during the authorised post-midnight trading hours.

(3)To remove any doubt, it is declared that this Act, including a provision about the payment of licence fees, applies as if the deemed approval had been granted under part 4, division 7.

(4)Despite subsection (2), an application for an extended trading hours approval, for trading during all or part of the authorised post-midnight trading hours, may be made and granted under part 4, division 7.

(5)The deemed approval continues in force until—

(a)an extended trading hours approval for trading during all or part of the authorised post-midnight trading hours is granted under part 4, division 7; or

(b)the deemed approval is cancelled or otherwise ends under this Act.

328   Declaration and validation relating to particular licences

(1)This section applies to a commercial special facility licence in relation to the period (the relevant period)—

(a)starting on or after 1 January 2009 and ending on or before the commencement; and

(b)during which the licence—

(i)was not endorsed with an extended trading hours approval granted under part 4, division 7; and

(ii)purportedly authorised the sale of liquor on the licensed premises, on a day other than Anzac Day, Good Friday or Christmas Day, during a time starting at or after 12a.m. and ending at or before 5a.m. (the authorised post-midnight trading hours).

(2)During the relevant period—

(a)section 64, as amended by the amending Act, is taken to have applied to the licence; and

(b)the licence is taken to have been endorsed with an extended trading hours approval for trading during the authorised post-midnight trading hours for the licence.

(3)Without limiting subsection (2)—

(a)licence fees for the licence relating to any part of the relevant period are payable, and are taken to have been payable during the relevant period, as if an extended trading hours approval granted under part 4, division 7 were in force for the authorised post-midnight trading hours; and

(b)anything done during or after the relevant period in relation to a licence fee is, and is taken to have been during the relevant period, as valid as it would have been if an extended trading hours approval granted under part 4, division 7 were in force for the authorised post-midnight trading hours.

Examples of things that may be done in relation to a licence fee—

•assessment of a licence fee payable

•demand for payment of a licence fee

•payment of a licence fee

(4)Subsections (2) and (3)—

(a)do not apply for the purpose of a legal proceeding decided before the commencement; but

(b)otherwise apply for all purposes, including—

(i)a legal proceeding started, but not decided, before the commencement; and

(ii)a legal proceeding started after the commencement.

(5)Subsection (2)(a) does not apply in relation to trading on Anzac Day, Good Friday or Christmas Day during the relevant period.

(6)No compensation is payable by the State to any person because of the operation of this section.

329   Eligible entity for sale of liquor at a fundraising event

(1)This section applies—

(a)if an entity, or an executive officer of the entity, is a licensee or permittee; and

(b)for the purpose of determining, after the repeal of section 148A, whether the entity is an eligible entity for the sale of liquor at a fundraising event under section 13(3).

(2)The entity is not an eligible entity for the sale of liquor at the event if the entity or executive officer has been convicted of an offence under repealed section 148A(2) or (4) within the 5 years immediately before the event.

Division 17 Transitional provisions for Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016

Subdivision 1 Extended trading hours applications and existing extended trading hours approvals

330   Definitions for subdivision

In this subdivision—

extended trading hours application (takeaway liquor) means an application under section 86(2A)(b), as in force before the commencement, to extend trading hours for the sale of takeaway liquor to include trading between 10p.m. and midnight.

retrospectivity period means the period starting on 10 November 2015 and ending on the commencement.

331   Application of subdivision

This subdivision does not apply in relation to an extended trading hours application (takeaway liquor) or an extended trading hours approval for an airport or casino to which a commercial special facility licence relates.

332   No compensation for operation of subdivision

Despite any Act or other law, no compensation is payable by the State to a person because of the operation of this subdivision.

333   Restriction on making extended trading hours applications (takeaway liquor)

(1)A person may not make an extended trading hours application (takeaway liquor) during the retrospectivity period.

(2)An extended trading hours application (takeaway liquor) made or purportedly made during the retrospectivity period is of no effect.

(3)If an extended trading hours application (takeaway liquor) was made but had not been decided before the start of the retrospectivity period, the application is taken to have lapsed on 10 November 2015.

334   Certain proceedings in court or tribunal relating to extended trading hours applications (takeaway liquor) taken to end

(1)This section applies to a proceeding in a court or tribunal relating to an extended trading hours application (takeaway liquor) that, immediately before the commencement, had not been decided.

(2)On the commencement, the proceeding ends and must not be further considered by the court or tribunal.

335   Effect of certain court or tribunal decisions relating to extended trading hours applications (takeaway liquor)

(1)This section applies to a decision of a court or tribunal made during the retrospectivity period on a proceeding relating to an extended trading hours application (takeaway liquor).

(2)Despite anything in the decision that provides otherwise, on the day the decision takes effect, any extended trading hours approval for the application does not authorise the sale of takeaway liquor between 10p.m. and midnight.

336   Applications for extended trading hours between 2a.m. and 5a.m

(1)Subsection (2) applies if—

(a)immediately before 1 July 2016, an application for an extended trading hours approval had been made but not decided; and

(b)the application, if granted, would extend trading hours to include trading between 2a.m. and 5a.m.

(2)For an approval granted before 1 February 2017, the commissioner may grant the approval only to the extent it authorises trading between—

(a)if the premises to which the approval relates are located in a safe night precinct—12a.m. and 3a.m.; or

(b)otherwise—12a.m. and 2a.m.

(3)Subsection (4) applies if—

(a)immediately before 1 February 2017, an application for an extended trading hours approval had been made but not decided; and

(b)the application, if granted, would extend trading hours to include trading between 2a.m. and 5a.m.

(4)The commissioner may grant the approval only to the extent it authorises trading between—

(a)if the premises to which the approval relates are located in a 3a.m. safe night precinct—12a.m. and 3a.m.; or

(b)otherwise—12a.m. and 2a.m.

(5)This section applies subject to section 351.

337   Existing extended trading hours approvals for trading between 2a.m. and 5a.m.

(1)Subsection (2) applies if—

(a)immediately before 1 July 2016, an extended trading hours approval was in force for licensed premises; and

(b)the approval extended trading hours to include trading between 2a.m. and 5a.m.

(2)From 1 July 2016 until 31 January 2017, the extended trading hours approval has effect as if it authorised trading only between—

(a)if the premises to which the approval relates are located in a safe night precinct—12a.m. and 3a.m.; or

(b)otherwise—12a.m. and 2a.m.

(3)Subsection (4) applies if—

(a)immediately before 1 February 2017, an extended trading hours approval was in force for licensed premises; and

(b)the approval extended trading hours to include trading between 2a.m. and 5a.m.

(4)From 1 February 2017, the extended trading hours approval has effect as if it authorised trading only between—

(a)if the premises to which the approval relates are located in a 3a.m. safe night precinct—12a.m. and 3a.m.; or

(b)otherwise—12a.m. and 2a.m.

(5)This section applies subject to section 351.

338   Effect of certain court or tribunal decisions relating to extended trading hours approvals

(1)Subsection (2) applies to a decision of a court or tribunal on a proceeding relating to an extended trading hours approval for licensed premises if the proceeding—

(a)had started but had not been decided before 1 July 2016; and

(b)is decided before 1 February 2017.

(2)Despite anything in the decision that provides otherwise, on the day the decision takes effect, the extended trading hours approval has effect as if, and to the extent that, it authorised trading only between—

(a)if the premises to which the approval relates are located in a safe night precinct—12a.m. and 3a.m.; or

(b)otherwise—12a.m. and 2a.m.

(3)Subsection (4) applies to a decision of a court or tribunal on a proceeding relating to an extended trading hours approval for licensed premises if the proceeding had started but had not been decided before 1 February 2017.

(4)Despite anything in the decision that provides otherwise, on the day the decision takes effect, the extended trading hours approval has effect as if, and to the extent that, it authorised trading only between—

(a)if the premises to which the approval relates are located in a 3a.m. safe night precinct—12a.m. and 3a.m.; or

(b)otherwise—12a.m. and 2a.m.

(5)This section applies subject to section 351.

338A   Minister must review

(1)The Minister must, as soon as practicable after 1 July 2018, arrange for an independent review of the operation and effectiveness of the relevant provisions.

(2)As soon as practicable after the review is completed, the Minister must table a report about its outcome in the Legislative Assembly.

(3)In this section—

relevant provisions means the following provisions, as inserted or amended by the Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016—

(a)section 86;

(b)part 6, division 1B;

(c)part 12, division 17, subdivision 1.

Subdivision 2 Other provisions

339   Acceptable evidence of age

(1)This section applies if a document was acceptable evidence of the age of a person under section 6 as in force immediately before the commencement.

(2)Despite the amendment of section 6 by the Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016, the document continues, from the commencement, to be acceptable evidence of the age of the person for this Act until—

(a)if the document is cancelled or revoked before it expires—the document is cancelled or revoked; or

(b)otherwise—the document expires.

340   Conditions relating to sale etc. of liquor in car park

(1)This section applies if, immediately before the commencement, a licence was subject to a condition relating to the sale, supply or consumption of liquor in a car park, or part of a car park, that is in or on the licensee’s licensed premises.

(2)From the commencement, section 142ZZE applies to the licensee despite the condition.

(3)A car park approval granted in relation to a regulated car park for the licensee’s licensed premises prevails over the condition to the extent of any inconsistency.

(4)To remove any doubt, it is declared that the condition does not have effect as a car park approval for section 142ZZE.

(5)Despite any Act or other law, no compensation is payable by the State to a person because of the operation of this section.

341   Approvals under previous section 153A

(1)An approval that is in force immediately before the commencement under previous section 153A stops having effect on the commencement.

(2)In this section—

previous section 153A means section 153A as in force from time to time before the commencement.

Division 18 Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016

342   Applications not finally decided

(1)This section applies if, immediately before the commencement, the commissioner had not finally decided an application for the grant or renewal of an authority.

(2)The commissioner must decide the application under this Act as in force after the commencement.

(3)In this section—

authority means—

(a)a licence; or

(b)a permit; or

(c)an approval for an approved manager; or

(d)an approval for a controller; or

(e)an approval mentioned in—

(i)section 153(1) or (3); or

(ii)section 173EQ(1); or

(f)an authority mentioned in section 131A(2).

343   Show cause process not finally decided

(1)This section applies if—

(a)the commissioner had given a show cause notice to a person; and

(b)immediately before the commencement, the commissioner had not finally dealt with the matters relating to the show cause notice (the show cause process).

(2)The show cause process must continue under this Act as in force after the commencement.

(3)In this section—

show cause notice means a written notice mentioned in section 134B(1), 137(1), 139C(2), 142ZB(1), 142ZS(2) or 173ER(3).

344   Proceedings not finally decided

(1)This section applies if immediately before the commencement the following proceedings had been started but not finally dealt with—

(a)a proceeding before the tribunal for a review of a decision mentioned in repealed section 36(1);

(b)a proceeding before the Supreme Court about a decision mentioned in repealed section 36(1).

(2)The proceeding is discontinued and the matter is remitted to the commissioner for the commissioner to decide again under this Act as in force after the commencement.

(3)The tribunal or Supreme Court must return to the police commissioner any criminal intelligence relating to the proceeding in the tribunal’s or Supreme Court’s possession or control.

(4)For subsection (1), a proceeding had not been finally dealt with if—

(a)the tribunal or Supreme Court had not made a decision; or

(b)the tribunal or Supreme Court had made a decision but the appeal period for the decision had not ended; or

(c)the tribunal or Supreme Court had made a decision and an appeal against the decision had been started but not ended.

(5)In this section—

criminal intelligence means criminal intelligence within the meaning of repealed section 37(5).

repealed, in relation to a provision of this Act, means the provision as in force immediately before the commencement.

345   First regulation under s 173EAA(1) exempt from particular requirements

Section 173EAA(2) to (4) does not apply to the making of the first regulation under section 173EAA(1).

Division 19 Transitional and declaratory provisions for Liquor and Other Legislation Amendment Act 2017

346   Definitions for division

In this division—

2017 late night permit means an extended hours permit that extends trading hours, on a day in 2017, to include trading for all or part of the period between 12a.m. and 5a.m.

amending Act means the Liquor and Other Legislation Amendment Act 2017.

347   Declaration about period between 1 February 2017 and commencement

(1)This section applies in relation to the period (the relevant period) from the commencement of the amending Act, part 2, division 2 on 1 February 2017 to the commencement of this section.

(2)To remove any doubt, it is declared that, during the relevant period—

(a)no licence or permit is taken to have been subject to a lock out condition by force of repealed section 142AB; and

(b)the granting of an extended trading hours approval, and anything done in relation to an extended trading hours approval, was as valid as it would have been if a reference in section 86(1)(b) or 155AD to a 3a.m. safe night precinct were a reference to a safe night precinct.

(3)The rights and liabilities of all persons are declared to be, and to have been throughout the relevant period, for all purposes the same as if—

(a)repealed section 142AB had never been in force; and

(b)a reference in section 86(1)(b) or 155AD to a 3a.m. safe night precinct were a reference to a safe night precinct.

(4)Subsections (2) and (3)—

(a)do not apply for the purpose of a legal proceeding decided before the commencement; but

(b)otherwise apply for all purposes, including—

(i)a legal proceeding started, but not decided, before the commencement; and

(ii)a legal proceeding started after the commencement.

(5)However, despite subsection (3)(b), an act done or omission made during the relevant period is not an offence against section 155AD(2)(b)(ii) or (3)(b)(ii) to the extent it would not have been an offence against that provision if the amending Act, section 9 had not commenced.

(6)In this section—

lock out condition has the meaning given by repealed section 142AB.

repealed section 142AB means section 142AB inserted in this Act by the Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016, section 38.

Note—

Repealed section 142AB was repealed, immediately after it commenced, by the Liquor and Other Legislation Amendment Act 2017, section 8.

348   Cancellation of current 2017 late night permits

(1)This section applies to a 2017 late night permit granted to a licensee before the commencement that extends trading hours on a day on or after the commencement.

(2)On the commencement, the permit is cancelled by force of this section.

(3)As soon as practicable after the commencement, the commissioner must—

(a)refund to the licensee the fee paid for the application for the permit; and

(b)give the licensee written notice that—

(i)the permit has been cancelled; and

(ii)the licensee may make a further application for an extended hours permit under part 4A, division 4.

349   Counting 2017 late night permits for s 103J

(1)This section applies to a 2017 late night permit granted to a licensee before the commencement that extended trading hours on a day before the commencement.

(2)In deciding, for section 103J, the number of 2017 late night permits granted for the licensed premises, a permit mentioned in subsection (1) is to be counted.

350   Current applications and legal proceedings relating to extended hours permits

(1)An application under this Act for an extended hours permit made, but not decided, before the commencement must be decided under this Act as in force from the commencement.

(2)Part 4A, division 4, as in force before the commencement, continues to apply for the purpose of a legal proceeding started under this Act but not decided before the commencement.

351   Retrospective change to operation of ss 336–338

(1)Section 336 applies, and is taken to have applied since 1 February 2017, as if the reference in section 336(4)(a) to a 3a.m. safe night precinct were a reference to a safe night precinct.

(2)Section 337 applies, and is taken to have applied since 1 February 2017, as if the reference in section 337(4)(a) to a 3a.m. safe night precinct were a reference to a safe night precinct.

(3)Section 338 applies, and is taken to have applied since 1 February 2017, as if the reference in section 338(4)(a) to a 3a.m. safe night precinct were a reference to a safe night precinct.

(4)The rights and liabilities of all persons are declared to be, and to have been since 1 February 2017, for all purposes the same as if the references in section 336(4)(a), 337(4)(a) and 338(4)(a) to a 3a.m. safe night precinct were references to a safe night precinct.

352   No compensation

Despite any Act or law, no compensation is payable by the State to a person because of the operation of the amending Act.

Division 20 Transitional provision for Economic Development and Other Legislation Amendment Act 2019

353   Particular existing applications

(1)This section applies to an application mentioned in section 105(1) made, but not decided, before the commencement.

(2)The following sections continue to apply in relation to the application as if the amending Act had not been enacted—

(a)if the application is for an adult entertainment permit—former section 105B;

(b)if the application is a relevant application within the meaning of section 117(5)—former section 117;

(c)if the application is in relation to a restricted area—former section 117A;

(d)former section 121.

(3)In this section—

amending Act means the Economic Development and Other Legislation Amendment Act 2019.

former, in relation to a provision, means as in force immediately before the provision was amended or repealed under the amending Act.

Division 21 Validation provision for Justice and Other Legislation (COVID-19 Emergency Response) Amendment Act 2020

354   Liquor supplies authorised by retrospective takeaway liquor authority

(1)This section applies if, under section 235D(4), a takeaway liquor authority is made with retrospective operation.

(2)A supply of liquor during the validation period is, and is taken to have been from the time the supply was made, as lawful as it would have been if the takeaway liquor authority were in force at the time of supply.

(3)In this section—

authority commencement day means the day from which the takeaway liquor authority is given retrospective operation.

validation period means the period from the authority commencement day to the day the takeaway liquor authority is made.

Division 22 Transitional provisions for Liquor (Artisan Liquor) Amendment Act 2021

355   Transition to artisan producer licence

(1)The holder of a licence (an existing licence) may, on or before 30 June 2021, apply to the commissioner to transition the licence to an artisan producer licence.

(2)The following sections apply to the application—

(a)sections 105 and 105A;

(b)sections 116 to 118;

(c)sections 118A to 121;

(d)sections 122 to 124.

(3)However, no fee is payable under section 105(1)(d) in relation to the application if the existing licence is a producer/wholesaler licence.

(4)The commissioner may grant the application only if satisfied the licensee is eligible for an artisan producer licence under this Act.

(5)If the commissioner grants the application—

(a)the existing licence ceases to apply to the licensee and the licensed premises; and

(b)an artisan producer licence applies to the licensee and the licensed premises; and

(c)the conditions applying to the existing licence apply to the artisan producer licence; and

(d)a permit granted under this Act to the licensee continues to be held by the licensee; and

(e)to the extent that extended trading hours may be approved for an artisan producer licence under this Act, any extended trading hours approval for the existing licence is taken to be an extended trading hours approval for the artisan producer licence.

Example—

A producer/wholesaler licence has extended trading hours approval for trading until 2a.m. The extended trading hours approval for the replacement artisan producer licence will be until 1a.m.

(6)Section 107C applies for the purpose of the commissioner imposing conditions on the artisan producer licence.

(7)Subsection (5)(c) does not prevent the commissioner from changing the conditions mentioned in that subsection.

356   No fee payable for application for s 74A(2)(c) condition

(1)This section applies if—

(a)a producer/wholesaler licence contains a condition mentioned in section 74A(2)(a) or repealed section 74A(2)(b); and

(b)the holder of the licence applies, on or before 30 June 2021, for a condition mentioned in section 74A(2)(c) to be imposed on the licence.

(2)No fee is payable under section 105(1)(d) for the application for the condition to be imposed.

(3)In this section—

repealed section 74A(2)(b) means section 74A(2)(b) as in force from time to time before the commencement.

Division 23 Transitional provision for Justice and Other Legislation Amendment Act 2021

357   No fee payable for particular applications to vary subsidiary on-premises licences (meals)

(1)This section applies if—

(a)before the commencement, a licensee was the holder of a licence for licensed premises the subject of a takeaway liquor authority granted under part 10A; and

(b)immediately before the commencement, the licensee held a subsidiary on-premises licence (meals) to which section 67A applied; and

(c)on or before 30 June 2022, the licensee applies under section 105 to vary the licence in relation to the sale of takeaway liquor under section 67A(2)(c).

(2)Despite section 105(1)(d), no fee is payable in relation to the application.

Schedule Rules of clubs

sections 79, 83 and 103M

Rules of a club—

(a)must provide that a person can not be admitted as a member unless the person makes written application for membership and the application is approved at a meeting of the club’s management committee; and

(b)must provide that the members of the club entitled to vote at any meeting of the club do not include temporary or honorary members or minors; and

(c)must provide that the club’s management committee must be elected by the voting members of the club at a general meeting of the club for a period of at least 1 year; and

(d)must provide that the management committee of the club must present to each annual general meeting of the club—

(i)a written report of the club’s operation throughout the year; and

(ii)an audited statement of the club’s financial position; and

(e)must be consistent with the club being a non-proprietary club; and

(f)must provide that the club’s secretary must keep on the club premises a list of reciprocal clubs; and

(g)if the club is an RSL or Services Club—must provide that RSL honorary members and defence members are not entitled to any rights or privileges of members other than those rights or privileges expressly granted to RSL honorary members or defence members under sections 77, 79, 81, 83, 103JA and 103M.