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

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).

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)