Liquor Act 2010 (ACT)
Liquor Act 2010
A2010-35
Republication No 44
Effective: 26 November 2025
Republication date: 26 November 2025
Last amendment made by A2025‑29
About this republication
The republished law
This is a republication of the Liquor Act 2010 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Liquor Act 2010
Contents
Page
Part 1 Preliminary
Division 1.1 Introduction
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
6 Application of Act—generally 3
7 Application of Act—sale of liquor 3
8 Application of Act—sale of liquor at universities 4
8A Application of Act—supply of liquor by exempt business 5
Division 1.2 Objects and principles
9 Object of Act 7
10 Harm minimisation and community safety principles 7
Division 1.3 Important concepts
11 What is liquor? 9
12 Offence—sell liquor without licence or permit 9
13 Offence—fail to comply with condition of licence or permit 10
14 Who is a close associate? 10
15 Who is an influential person for a corporation? 11
Part 2 Liquor licences
Division 2.1 Classes of licences
16 What is a licence? 13
17 What is a general licence? 13
18 What is an on licence? 14
19 What is an off licence? 14
20 What is a club licence? 14
20A What is a catering licence? 15
21 What is a special licence? 16
Division 2.2 On licences—subclasses
22 What is a bar licence? 16
23 What is a nightclub licence? 16
24 What is a restaurant and cafe licence? 17
Division 2.3 Licences—application and decision
25 Licence—application 17
26 Licence—public consultation 19
27 Licence—decision on application 19
27A Licence—interim licence 21
28 Licence—occupancy loading 23
29 Licence—adults-only areas 23
30 Licence—form 24
31 Licence—conditions 25
32 Licence—period in force 26
32AA Interim licence—period in force 26
32A Licence—annual fee 27
32B Licence—reduction in annual fee 27
Division 2.4 Licences—notification and public consultation
33 Application and definition—div 2.4 29
33A Licence—notice of application to certain entities 29
33B Commissioner may ask for information from commissioner for revenue 31
34 Licence—public notification of application 31
35 Licence—representations 32
36 What is the public consultation period?—div 2.4 33
Division 2.5 Licences—amendment, transfer, etc
37 Licence—amendment initiated by commissioner 34
38 Licence—amendment on application by licensee 35
39 Licence—amendment for change to floor plan of licensed premises 37
40 Licence—application to transfer licence 39
41 Licence—decision on application to transfer licence 40
44 Licence—replacing when lost, stolen or destroyed 42
45 Licence—surrender 42
46 Offence—fail to return licence 43
46A Licence—immediate suspension for failure to pay fee 43
Part 3 Liquor permits
Division 3.1 Classes of permits
47 What is a permit? 44
48 What is a commercial permit? 44
49 What is a non-commercial permit? 44
Division 3.2 Permits—application and decision
50 Permit—application 45
51 Permit—decision on application 46
52 Permit—occupancy loading 48
53 Permit—adults-only areas 48
54 Permit—form 48
55 Permit—conditions 49
56 Permit—term 50
Division 3.3 Permits—amendment, transfer, renewal, etc
57 Permit—amendment initiated by commissioner 51
58 Permit—amendment on application by permit-holder 52
59 Permit—not transferable 54
60 Permit—commercial permit not renewable 54
61 Permit—application for renewal of non-commercial permit 54
62 Permit—decision on application for renewal of non‑commercial permit 55
63 Permit—replacing when lost, stolen or destroyed 56
64 Permit—surrender 57
65 Non-commercial permit—cancellation 57
66 Offence—fail to return permit 57
Part 4 Suitability of people and premises for licences and permits
Division 4.1 Suitability of people for licences and permits
67 Who is a suitable person? 59
68 Commissioner must consider suitability information, etc 59
69 What is suitability information about a person? 60
69A Non-suitability—criminal activity 62
70 What is an eligible club? 63
71 Commissioner may require police certificate or information for person etc 64
72 Commissioner need not decide suitability if certificate etc not provided 65
73 Offence—ongoing duty to update person’s suitability information 66
Division 4.2 Suitability of premises for licences and permits
74 Who is the responsible person for premises?—div 4.2 67
75 What are suitable premises? 67
76 Commissioner must consider suitability information, etc 67
77 Commissioner must decide premises not suitable in some circumstances 68
78 What is suitability information about premises? 69
79 Commissioner may require plan etc for premises 71
80 Commissioner may require inspection of premises 72
81 Commissioner need not decide suitability if requirements not complied with 72
82 Offence—ongoing duty to update premises’ suitability information 72
Part 5 Occupancy loading for licensed premises and permitted premises
83 What is occupancy loading? 74
84 What is a public area? 74
85 Occupancy loading decision 74
86 Fire engineering study and inspection 75
87 Commissioner not to issue licence or permit if requirement not complied with 76
Part 6 Risk-assessment management plans for licensed premises and permitted premises
88 What is a risk-assessment management plan? 77
89 What is an approved risk-assessment management plan? 77
90 Risk-assessment management plan—approval 77
90A Risk-assessment management plan—availability 78
90B Risk-assessment management plan—direction to prepare plan 78
90C Approved risk-assessment management plan—amendment on direction from commissioner 79
91 Approved risk‑assessment management plan—amendment on application 79
92 Approved risk‑assessment management plan—decision on amendment 80
92A Offence—licensee fail to comply with direction to prepare approved risk-assessment management plan 81
92B Offence—failure to amend approved risk-assessment management plan 81
Part 7 Adults-only areas for licensed premises and permitted premises
Division 7.1 Adults-only area decisions
93 What is an adults-only area? 83
94 Adults-only areas decision 83
Division 7.2 Approvals for young people’s event in adults-only area at licensed premises
95 Young people’s event approval—application 84
96 Young people’s event approval—decision 85
97 Young people’s event approval—form 85
98 Young people’s event approval—conditions 86
99 Young people’s event approval—term 86
Part 8 Conduct at licensed premises and permitted premises
Division 8.1 Responsible service of alcohol
100 Offence—supply liquor without RSA certificate—licensee or permit-holder 87
101 Offence—supply liquor without RSA certificate—employee 88
102 Offence—crowd controller without RSA certificate 89
103 Offence—fail to keep RSA certificates 90
Division 8.2 Intoxicated people
104 What is intoxicated? 91
105 Offence—supply liquor to intoxicated person—licensee or permit-holder 92
106 Offence—supply liquor to intoxicated person—employee 94
107 Offence—supply liquor to intoxicated person—other person 95
108 Offence—abuse, threaten, intimidate staff 96
Division 8.3 Children and young people
110 Offence—supply liquor to child or young person—licensee or permit-holder 96
111 Offence—supply liquor to child or young person—employee 99
112 Offence—supply liquor to child or young person—other person 101
113 Licensee, permit-holder, etc may refuse to supply liquor without identification document 103
114 Offence—child or young person consume liquor—licensee or permit-holder 103
115 Offence—child or young person consume liquor 104
116 Offence—child or young person possess liquor—licensee or permit-holder 104
117 Offence—child or young person possess liquor 106
118 Offence—child or young person supply liquor—licensee or permit-holder 106
119 Offence—send child or young person to obtain liquor 107
120 Offence—child or young person in adults-only area—licensee or permit-holder 108
121 Offence—child or young person in adults-only area 110
122 Offence—child or young person use false identification for adults-only area 111
123 Offence—fail to mark adults-only areas 112
124 Licensee, permit-holder, etc may seize false identification document 112
Division 8.4 Occupancy loading
125 Offence—exceed occupancy loading 114
126 Offence—fail to display occupancy loading sign 114
Division 8.5 Approved risk-assessment management plans
127 Offence—fail to comply with approved risk-assessment management plan 115
Division 8.6 Incidents
130 What is an incident?—div 8.6 116
131 Incident reporting 117
132 Offence—fail to report incident 118
Division 8.7 Breath testing machines
133 What is a breath testing machine?—div 8.7 119
134 Offence—fail to display breath testing machine sign 119
135 Evidence of breath tests 120
Division 8.8 Other offences
136 Offence—sell petrol at premises 120
137 Offence—conduct prohibited promotional activities 121
138 Offence—remain in or re-enter vicinity of premises 122
139 Offence—consume liquor at off licensed premises 123
139A Offence—take liquor from on licensed premises 124
140 Offence—sexually explicit entertainment 125
141 Offence—fail to keep licence or permit at premises 126
142 Offence—fail to keep records in required way 126
143 Offence—club licensee advertise for public attendance 127
143A Offence—fail to comply with direction to display sign 127
Division 8.9 Excluding people from premises
143B Excluding people from premises 128
Division 8.10 Exclusion orders
143C Definitions—div 8.10 129
143D Meaning of exclusion order, excluded person and exclusion period 129
143E Application for exclusion order 129
143F Making of exclusion order 130
143G Offence—excluded person on premises contrary to exclusion order 132
143H Display of notice about effect of exclusion order 132
143I Amending or revoking exclusion order 133
Part 9 Directions, emergency closure orders and cautions
Division 9.1 Commissioner’s directions
144 Commissioner may direct licensee, permit-holder, employee etc 134
145 Offence—fail to comply with commissioner’s direction 135
Division 9.1A Direction to give security camera images
145A Commissioner or police may direct licensee to give security camera images 136
145B Offence—fail to comply with direction to give security camera images 136
Division 9.2 Emergency closure orders
146 Emergency closure of premises for 24 hours 137
147 Emergency closure notice 138
148 Offence—fail to comply with emergency closure order 139
Division 9.3 Police cautions for children and young people
149 Definitions—div 9.3 139
150 Police may caution children and young people 140
151 Police must caution and release child or young person as soon as practicable 141
152 Chief police officer may revoke cautions 142
Part 10 Enforcement
Division 10.1 General
153 Definitions—pt 10 143
Division 10.2 Powers of authorised people
154 Power to enter premises 143
155 Production of identity card 144
156 Consent to entry 145
157 General powers on entry to premises 146
158 Power to seize things 147
Division 10.3 Search warrants
159 Warrants generally 148
160 Warrants—application made other than in person 149
161 Search warrants—announcement before entry 151
162 Details of search warrant to be given to occupier etc 151
163 Occupier entitled to be present during search etc 151
Division 10.4 Return and forfeiture of things seized
164 Receipt for things seized 152
165 Moving things to another place for examination or processing under search warrant 153
166 Access to things seized 154
167 Return of things seized 154
168 Forfeiture of seized things 155
169 Power to destroy unsafe things 155
170 Application for order disallowing seizure 156
171 Order for return of seized thing 156
Division 10.5 Enforcement—miscellaneous
172 Damage etc to be minimised 157
173 Compensation for exercise of enforcement powers 158
Part 11 Complaints and occupational discipline
Division 11.1 General
174 Who is a licensee?—pt 11 159
175 Who is a commercial permit-holder?—pt 11 159
Division 11.2 Complaints
176 Who may complain? 160
177 Form of complaint 160
178 Withdrawal of complaints 160
179 Further information about complaint etc 161
180 Investigation of complaint 161
181 No further action on complaint 161
182 Action after investigating complaint 162
Division 11.3 Occupational discipline
182A Meaning of person of concern—div 11.3 162
183 Grounds for occupational discipline—licensee 163
184 Grounds for occupational discipline—commercial permit‑holder 165
185 ACAT must consider suitability information, etc about licensee or commercial-permit holder 167
186 ACAT must consider suitability information, etc about premises 168
187 Application to ACAT for occupational discipline 169
Part 11A Compliance testing
187A Definitions—pt 11A 170
187B What is a compliance test?—pt 11A 170
187C Approval of compliance testing programs 171
187D Approval of compliance testing procedures 171
187E Carrying out compliance testing 172
187F Lawfulness of compliance testing 173
187G Indemnification of authorised people and purchase assistants 174
Part 11B Cancellation of licence or permit for criminal activity
187H Definitions—pt 11B 175
187I Application for cancellation order 176
187J Cancellation order 176
187K Cancellation order—revocation 178
187L Offences—cancellation order—involvement of person engaged in criminal activity 179
Part 12 Responsible service of alcohol (RSA) training courses
Division 12.1 Approval to provide RSA training courses
188 Definitions—div 12.1 181
189 RSA training course approval—application 181
190 RSA training course approval—decision on application 181
191 RSA training course approval—form 182
192 RSA training course approval—term 183
Division 12.2 RSA training course certificates
193 What is an RSA certificate? 183
194 RSA training providers must give RSA certificates 184
Part 13 Licence and permit register
195 Licence and permit register 185
196 Exception to public inspection 185
197 Correction and keeping up-to-date register 186
Part 14 Other liquor matters
Division 14.1 Alcohol-free public places
198 Alcohol-free places 187
199 Offence—consume liquor at certain public places 187
200 Offence—possess open container of liquor at certain public places 189
201 Seizure of liquor in public places 190
Division 14.2 Children and young people
202 Offence—child or young person buy liquor 191
203 Offence—child or young person use false identification to buy liquor 192
204 Offence—supply liquor to child or young person at public place 192
204A Offence—supply liquor to child or young person by parent etc—private place 193
205 Offence—child or young person consume liquor in public place 195
206 Offence—child or young person possess liquor in public place 195
207 Police officer may ask for identification document 195
208 Offence—fail to comply with police officer’s request for identification document 196
209 What is a proof of identity card?—div 14.2 196
210 Proof of identity cards 196
211 Offence—child or young person use false identification to obtain proof of identity card 197
Division 14.3 Prohibited liquor products
212 What is a prohibited liquor product? 197
213 Prohibited liquor products 197
214 Offence—supply prohibited liquor product 198
Division 14.4 Licensee events and special events
214A Application—div 14.4 198
214B Definitions—div 14.4 199
214C Meaning of licensee event and special event 200
214D Declaration of special event 200
214E Extended trading for special event 201
214F Extended trading for licensee event 201
214G Change to floor plan of licensed premises 202
Part 15 Liquor advisory board
215 Establishment of liquor advisory board 205
216 Membership of liquor advisory board 205
217 Liquor advisory board function 206
218 Liquor advisory board procedure 206
219 Reimbursement of expenses for liquor advisory board members 207
Part 16 Notification and review of decisions
220 What is a reviewable decision?—pt 16 208
221 Reviewable decision notices 208
222 Applications for review 208
Part 16A Criminal intelligence
222A Definitions—pt 16A 209
222B Disclosure of criminal intelligence—chief police officer 210
222C Disclosure of criminal intelligence—commissioner for fair trading and ACAT 210
222D Whether information is criminal intelligence—application and decision 211
222E Appeal—applicant may withdraw information 212
222F Confidentiality of criminal intelligence—commissioner and ACAT 213
222G Confidentiality of criminal intelligence—courts 214
222H Delegation by chief police officer 215
Part 17 Miscellaneous
223 Liquor guidelines 216
224 Declared training providers 216
224A Licences and permits not personal property—PPS Act 216
224B Evidentiary certificates—licensees and permit holders 217
225 Acts and omissions of representatives 217
226 Proceedings for offences 218
227 Determination of fees 218
228 Approved forms 218
229 Regulation-making power 218
Schedule 1 Reviewable decisions 220
Dictionary222
Endnotes
1 About the endnotes 234
2 Abbreviation key 234
3 Legislation history 235
4 Amendment history 241
5 Earlier republications 258
6 Expired transitional or validating provisions 262
Liquor Act 2010
An Act relating to the supply of liquor
Part 1Preliminary
Division 1.1 Introduction
Name of Act
This Act is the Liquor Act 2010.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘identity card—see the Fair Trading (Australian Consumer Law) Act 1992, dictionary.’ means that the term ‘identity card’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Application of Act—generally
This Act does not apply to the following:
(a)the administration, dispensing or sale of liquor for medicinal purposes—
(i)by or under the direction of a doctor; or
(ii)by a pharmacist;
(b)the supply, possession, consumption or purchase of liquor that is authorised by a law in force in the Territory.
Examples—par (b)
1 Defence Act 1903 (Cwlth), s 123A
2 Army and Air Force (Canteen) Regulation 2016 (Cwlth), s 34
Application of Act—sale of liquor
(1)The provisions of this Act relating to the sale of liquor do not apply to the following:
(a)the duty-free sale of liquor;
(b)the sale of liquor for someone else by an auctioneer, by auction, in the ordinary course of the auctioneer’s business;
(c)the sale by, or on behalf of, the Commonwealth or the Territory of liquor seized under a law in force in the ACT.
(2)In this section:
Collector means a Collector under the Customs Act 1901 (Cwlth), section 8.
duty-free sale means a sale for which permission by a Collector is given under the Customs Act 1901 (Cwlth), section 96A (2).
Application of Act—sale of liquor at universities
(1)The provisions of this Act relating to the sale of liquor do not apply to the sale of liquor in an exempt university building.
(2)A person commits an offence if—
(a)the person sells liquor; and
(b)the sale happens in an exempt university building; and
(c)the sale is in contravention of a statute of the university.
Maximum penalty: 10 penalty units.
(3)A person commits an offence if—
(a)the person purchases liquor; and
(b)the purchase happens in an exempt university building; and
(c)the purchase is in contravention of a statute of the university.
Maximum penalty: 10 penalty units.
(4)In this section:
exempt university building means a building—
(a)that is occupied by—
(i)a university; or
(ii)a residential college affiliated with a university under a statute of the university; and
(b)in which the sale of liquor is authorised by a statute of the university.
university means the—
(a)Australian National University; or
(b)University of Canberra.
8AApplication of Act—supply of liquor by exempt business
(1)The provisions of this Act relating to the supply of liquor do not apply if—
(a)the supply is in the course of conducting an exempt business; and
(b)the liquor is not supplied to a child or young person.
(2)A declaration under subsection (3), definition of exempt business, paragraph (f) is a disallowable instrument.
(3)In this section:
exempt business means any of the following:
(a)a business providing traveller accommodation that, in an accommodation unit operated by the business, supplies liquor to a member of the travelling public;
Examples—supply of liquor in accommodation unit
·minibar
·room service
(b)a florist or gift maker business that packages liquor together with flowers, food or other gifts where the liquor supplied with each package—
(i)does not exceed 1.5L; and
(ii)has a value not exceeding half the sale price of the package;
(c)a hairdressing or barber business that supplies liquor without charge for consumption at the business’ premises where the supply is ancillary to the business’ services;
(d)any of the following if the supply of liquor does not exceed 2 standard drinks per person per day:
(i)a hospital;
(ii)a home or residential care service provider;
(iii)a retirement village;
(iv)a hospice;
(e)a limousine or tour business if—
(i)the business provides services to no more than 12 adults; and
(ii)the supply does not exceed 2 standard drinks per person; and
(iii)the supply is ancillary to the business’ services and without charge;
(f)a business declared by the Minister to be exempt.
traveller accommodation—see the Civil Law (Wrongs) Act 2002, section 145.
Division 1.2 Objects and principles
Object of Act
The object of this Act is to regulate the sale, supply, promotion and consumption of liquor—
(a)to minimise the harm associated with the consumption of liquor; and
(b)to facilitate the responsible development of the liquor and hospitality industries in a way that takes into account community safety; and
(c)in a way that encourages and supports liquor consumers to take responsibility for—
(i)their consumption of liquor; and
(ii)their behaviour if it is affected by the consumption of liquor; and
(d)to contribute to the responsible development of—
(i)the ACT’s night‑time economy; and
(ii)industries related to the ACT’s night-time economy, including the liquor, live music, entertainment, tourism and hospitality industries.
Harm minimisation and community safety principles
In making a decision under this Act, a decision-maker must have regard to the following principles (the harm minimisation and community safety principles):
(a)responsible attitudes and practices towards the sale, supply, promotion and consumption of liquor should be encouraged;
(b)community safety should not be jeopardised, particularly in relation to events involving large numbers of people;
(c)the liquor industry should be regulated in a way that minimises harm caused by alcohol abuse, including—
(i)adverse effects on health; and
(ii)personal injury; and
(iii)property damage; and
(iv)violent or anti-social behaviour;
(d)the sale of liquor should be regulated in a way that contributes to the responsible development of—
(i)the ACT’s night-time economy; and
(ii)the liquor, live music, entertainment, tourism and hospitality industries;
(e)community amenity, social harmony and wellbeing should be protected and enhanced through the responsible sale, supply, promotion and consumption of liquor;
(f)the safety, health and welfare of people using licensed premises and permitted premises should not be put at risk;
(g)noise from licensed premises and permitted premises should not be excessive;
(h)licensed premises and permitted premises should not be located where they would be likely to cause undue disturbance, inconvenience or offence to people—
(i)lawfully at adjacent or nearby premises; or
(ii)because of the premises’ proximity to a place of public worship, a hospital or a school;
(i)licences and permits should only be issued to people who comply with ACT law, and are likely to continue to comply with ACT law;
(j)licences and permits should only be issued for premises that comply with ACT law, and are likely to continue to comply with ACT law.
Examples—decisions
1 a decision to issue a licence under s 27
2 a decision to issue a permit under s 51
Division 1.3 Important concepts
What is liquor?
In this Act:
liquor—
(a)means a substance that—
(i)is capable of being ingested; and
(ii)contains more than 1.15% by volume of ethanol; and
(b)includes a substance prescribed by regulation; and
(c)does not include a substance prescribed by regulation not to be liquor.
Offence—sell liquor without licence or permit
(1)A person commits an offence if the person—
(a)sells liquor to someone else; and
(b)does not hold a licence or permit authorising the sale.
Maximum penalty: 100 penalty units, 12 months imprisonment or both.
(2)This section does not apply if the sale happens at a private event at which not more than 30 people are present.
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
Offence—fail to comply with condition of licence or permit
(1)A licensee commits an offence if—
(a)the licence is subject to a condition; and
(b)the licensee fails to comply with the condition.
Maximum penalty: 50 penalty units.
(2)A permit-holder commits an offence if—
(a)the permit is subject to a condition; and
(b)the permit-holder fails to comply with the condition.
Maximum penalty: 50 penalty units.
Who is a close associate?
(1)In this Act:
close associate—a person is a close associate of someone (the related person) if—
(a)the person holds or will hold an executive position (however described) in the related person’s business; or
(b)the commissioner is satisfied that the person is or will be able to exercise a significant influence in relation to the conduct of the related person’s business because the person holds or will hold a financial interest, or is entitled to exercise a relevant power, in the business.
(2)In this section:
business includes—
(a)a business not carried on for profit; and
(b)a trade or profession.
executive position—a position (however described) in the related person’s business is an executive position if the holder of the position is concerned with, or takes part in, the management of the business.
exercise a power includes exercise the power on behalf of someone else.
financial interest, in a business, means—
(a)a share in the capital of the business; or
(b)an entitlement to receive income derived from the business, however the entitlement arises.
hold a position includes hold the position on behalf of someone else.
power means a power exercisable—
(a)by voting or otherwise; and
(b)alone or with others.
relevant power, in a business, means a power—
(a)to take part in a directorial, managerial or executive decision for the business; or
(b)to elect or appoint a person as an executive officer in the business.
Who is an influential person for a corporation?
(1)In this Act:
influential person, for a corporation, means any of the following:
(a)an executive officer of the corporation;
(b)a person who may exercise a relevant power in relation to the corporation;
(c)a related corporation;
(d)an executive officer of a related corporation.
(2)In this section:
related corporation means a related body corporate under the Corporations Act.
relevant power, for a corporation, means a power—
(a)to take part in a directorial, managerial or executive decision for the corporation; or
(b)to elect or appoint a person as an executive officer in the corporation; or
(c)to exercise a significant influence in relation to the conduct of the corporation.
Part 2Liquor licences
Division 2.1 Classes of licences
What is a licence?
In this Act:
licence means—
(a)a general licence; or
(b)an on licence; or
(c)an off licence; or
(d)a club licence; or
(e)a catering licence; or
(f)a special licence.
NoteSection 27A (3) deals with the status of an interim licence.
What is a general licence?
In this Act:
general licence means a licence that authorises the licensee to sell liquor—
(a)at a single licensed premises; and
(b)in—
(i)open containers for consumption at the premises; or
(ii)sealed containers for consumption off the premises; and
(c)at the licensed times.
NoteA licence may have different licensed times for the sale of liquor for consumption at the premises and the sale of liquor for consumption off the premises.
What is an on licence?
In this Act:
on licence means a licence that authorises the licensee to sell liquor—
(a)at a single licensed premises; and
(b)in open containers for consumption at the premises; and
(c)at the licensed times.
Examples—on licences
1 bar licence
2 nightclub licence
3 restaurant and cafe licence
What is an off licence?
In this Act:
off licence means a licence that authorises the licensee to sell liquor—
(a)at a single licensed premises; and
(b)in sealed containers for consumption off the premises; and
(c)at the licensed times.
What is a club licence?
In this Act:
club licence means a licence that authorises a club to sell liquor—
(a)in stated parts of a single licensed premises; and
(b)in—
(i)open containers for consumption at the premises; or
(ii)sealed containers for consumption off the premises; and
(c)at the licensed times; and
(d)to an adult—
(i)who is a member of the club; or
(ii)who is at the licensed premises as a temporary member of the club under the Gaming Machine Act 2004; or
(iii)who is—
(A)at the licensed premises at the invitation of an adult member of the club who is also at the premises; and
(B)authorised by the club to be at the premises.
20AWhat is a catering licence?
(1)In this Act:
catering licence means a licence that authorises the licensee to sell liquor—
(a)in the course of conducting a catering business; and
(b)in open containers for consumption at premises where the business is being conducted; and
(c)at the licensed times; and
(d)where the predominant activity at the licensed times is the serving of food for consumption at the premises.
(2)In this section:
catering business means a food business providing a food catering service.
food business means a food business under the Food Act 2001, whether or not the business is required to be registered under that Act.
What is a special licence?
In this Act:
special licence means a licence that authorises the licensee to sell liquor—
(a)at a single licensed premises; and
(b)at the licensed times.
Division 2.2 On licences—subclasses
What is a bar licence?
(1)In this Act:
bar licence means an on licence for premises that are a bar.
(2)In this section:
bar—
(a)means premises where the predominant activity at the licensed times is the serving of liquor for consumption at the premises; and
(b)includes premises prescribed by regulation to be a bar.
Examples
1 a pub
2 a tavern
What is a nightclub licence?
(1)In this Act:
nightclub licence means an on licence for premises that are a nightclub.
(2)In this section:
nightclub—
(a)means premises where the predominant activity at the licensed times is dancing and entertainment; and
(b)includes premises prescribed by regulation to be a nightclub.
What is a restaurant and cafe licence?
(1)In this Act:
restaurant and cafe licence means an on licence for premises that are a restaurant or cafe.
(2)In this section:
restaurant or cafe—
(a)means premises where the predominant activity at the licensed times is the serving of meals for consumption on the premises; and
(b)includes premises prescribed by regulation to be a restaurant or cafe.
Division 2.3 Licences—application and decision
Licence—application
(1)A person (a proposed licensee) may apply to the commissioner for a stated licence for stated premises.
(2)The application must—
(a)be in writing; and
(b)state the class of licence applied for and, for an on licence, the subclass of licence applied for; and
(c)include complete details of suitability information about—
(i)the proposed licensee; and
(ii)each close associate of the proposed licensee; and
(iii)if the proposed licensee is a corporation—each influential person for the proposed licensee; and
(iv)if someone other than the proposed licensee is to have day-to-day control of the business operated under the licence—each person who is to have day-to-day control; and
(v)for a licence other than a catering licence—the proposed licensed premises; and
NoteSuitability information
, about a person—see s 69.
Suitability information, about premises—see s 78.
(d)include a police certificate for each of the following people, dated not earlier than 3 months before the date of the application:
(i)the proposed licensee;
(ii)each close associate of the proposed licensee;
(iii)each influential person for the proposed licensee;
(iv)if someone other than the proposed licensee is to have day-to-day control of the business operated under the licence—each person who is to have day-to-day control; and
(e)for a licence other than a catering licence—include evidence that the operation of the business at the premises under the proposed licence complies with—
(i)the lease where the premises are located; and
(ii)the territory plan; and
(f)include—
(i)the final floor plans of the premises approved by the territory planning authority in the development approval for the premises; and
(ii)a certificate of occupancy for the premises; and
(g)for an application prescribed by regulation—include a risk‑assessment management plan for the premises.
Note 1A general licence, on licence, club licence or special licence may authorise the sale of liquor in open containers for consumption at the licensed premises—see div 2.1.
Note 2Risk‑assessment management plan, for licensed premises or permitted premises—see s 88.
Note 3Giving false or misleading information is an offence against the Criminal Code, s 338.
Licence—public consultation
A proposed licensee must comply with the public consultation provisions in division 2.4 (Licences—public consultation).
Licence—decision on application
(1)This section applies if the commissioner receives an application for a licence under section 25.
(2)The commissioner must issue the licence to the proposed licensee only if satisfied that—
(a)if the proposed licensee is an individual—the proposed licensee is an adult; and
(b)each of the following people is a suitable person to hold the licence:
(i)the proposed licensee;
(ii)each close associate of the proposed licensee;
(iii)if the proposed licensee is a corporation—each influential person for the proposed licensee;
(iv)if someone other than the proposed licensee is to have day-to-day control of the business operated under the licence—each person who is to have day-to-day control; and
(c)if the commissioner requires the proposed licensee to give information about another person under section 71 (2) (c)—the information does not affect the proposed licensee’s suitability to hold the licence; and
(d)for a licence other than a catering licence—the proposed licensed premises are suitable premises for the licence; and
(e)the proposed licensee complies, and is likely to continue to comply, with the requirements of this Act; and
(f)for a licence other than a catering licence—the proposed licensed premises comply with the requirements of this Act.
Note 1A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Note 2Suitable person
, to hold a licence or permit—see s 67.
Suitable premises, for a licence or permit—see s 75.
Note 3In making this decision, the commissioner must have regard to the harm minimisation and community safety principles (see s 10).
Note 4A decision under this subsection is a reviewable decision (see s 220).
(3)The commissioner must, not later than the required time, unless circumstances relating to the suitability of the premises under the proposed licence have delayed or prevented the commissioner from deciding the application—
(a)decide the application; and
(b)tell the proposed licensee about the decision on the application.
(4)In this section:
required time means the latest of the following:
(a)if the commissioner receives a representation about a person or premises under section 35 (Licence—representations)—90 days after the commissioner receives the representation;
(b)if the commissioner requires the proposed licensee to provide a police certificate or other information under section 71 (Commissioner may require police certificate or information for person etc)—90 days after the day the commissioner receives the certificate or information;
(c)if the commissioner requires the proposed licensee to provide a certificate, plan or other information under section 79 (Commissioner may require plan etc for premises)—90 days after the day the commissioner receives the certificate, plan or information;
(d)if the commissioner asks the proposed licensee to allow the commissioner to inspect the premises under section 80 (Commissioner may require inspection of premises)—90 days after the day the commissioner inspects the premises;
(e)90 days after the day the commissioner receives the application.
NoteFailure to issue a licence within the required time is taken to be a decision not to issue the licence (see ACT Civil and Administrative Tribunal Act 2008, s 12).
27ALicence—interim licence
(1)This section applies if—
(a)the commissioner receives an application for a licence under section 25; and
(b)circumstances relating to the suitability of the premises under the proposed licence have delayed or prevented the commissioner from deciding the application within the required time.
Example—par (b)
a delay caused by a lease variation of a Crown lease for the premises under the proposed licence
(2)The commissioner may issue the proposed licensee with a temporary licence (an interim licence) for the licence the subject of the application if the commissioner is satisfied that, but for the circumstances relating to the suitability of the premises, the commissioner would decide—
(a)that the premises are suitable premises for the proposed licence; and
(b)to issue the licence to the proposed licensee within the required time.
NoteThe commissioner must decide that premises are not suitable premises for a licence or permit in some circumstances (see s 77 (1)). However, the commissioner may decide that premises are suitable premises for a licence or permit if satisfied that, in all the circumstances, it would be unreasonable to find the premises unsuitable (see s 77 (2)).
(3)An interim licence is taken to be a licence of the class and subclass (if any) applied for by the proposed licensee.
Examples
1 If a proposed licensee applies for a general licence and is issued with an interim licence, the interim licence is taken to be a general licence.
2 If a proposed licensee applies for a bar licence, a subclass of an on licence, and is issued with an interim licence, the interim licence is taken to be a bar licence.
(4)A proposed licensee who is issued with an interim licence is taken to be the licensee for the licence.
(5)In this section:
required time—see section 27 (4).
Licence—occupancy loading
(1)This section applies if the commissioner decides to issue a licence that authorises the licensee to sell liquor in open containers for consumption at the licensed premises.
NoteA general licence, on licence, club licence or special licence may authorise the sale of liquor in open containers for consumption at the licensed premises—see div 2.1.
(2)The commissioner must also decide the occupancy loading for each public area at the proposed licensed premises.
NoteOccupancy loading, for a public area at licensed premises or permitted premises—see s 83.
Licence—adults-only areas
(1)This section applies if the commissioner decides to issue a licence that authorises the licensee to sell liquor in open containers for consumption at the licensed premises.
NoteA general licence, on licence, club licence or special licence may authorise the sale of liquor in open containers for consumption at the licensed premises—see div 2.1.
(2)The commissioner must also decide the adults-only areas (if any) for the licensed premises.
Note 1Adults-only area, for licensed premises or permitted premises—see s 93.
Note 2If the commissioner decides that licensed premises are to include an adults-only area, the commissioner may decide when the area is to be used as an adults-only area (see s 94 (3)).
Licence—form
(1)A licence must—
(a)be in writing; and
(b)include the following information:
(i)the class of the licence and, for an on licence, the subclass of licence;
(ii)the name of the licensee;
(iii)if the licensee carries on business under a name other than the licensee’s name—the name under which the licensee carries on business;
(iv)for a licence other than a catering licence—the address of the licensed premises;
(v)the licensed times when—
(A)for a licence other than a catering licence—liquor to be consumed at the licensed premises may be sold (if any); and
(B)for a licence other than a catering licence—liquor to be consumed off the licensed premises may be sold (if any); and
(C)for a catering licence—liquor to be consumed at the premises where the catering business is being conducted may be sold;
(vi)the conditions on the licence;
(vii)anything else prescribed by regulation.
(2)A licence may include anything else the commissioner considers relevant.
Licence—conditions
(1)A licence is subject to the condition that—
(a)the licensee must comply with this Act; and
(b)the licensed premises must comply with this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2)A licence is also subject to any other condition—
(a)prescribed by regulation; or
(b)imposed by the commissioner when the licence is issued or amended.
NoteLicences may be amended under s 37, s 38 or s 39.
(3)Without limiting subsection (2) (b), the commissioner may impose 1 or more of the following conditions on a licence:
(a)that stated inspection requirements must be complied with;
(b)that stated reporting requirements must be complied with;
(c)that stated records must be kept;
(d)that security guards or additional security guards must be engaged generally or for stated events;
(e)that staff and security guards must be trained to a required level of competency;
(f)that people must not be allowed to enter the licensed premises after a stated time;
(g)for an on licence—that liquor must not be served in glass after midnight;
(h)for an on licence—that shots of liquor must not be served after midnight;
(i)that security cameras must be fitted on the licensed premises or on other land under the control of the licensee in the vicinity of the licensed premises;
(j)that stated requirements about security cameras must be complied with.
(4)A regulation may prescribe requirements in relation to a security camera mentioned in subsection (3) (i) and (j).
Licence—period in force
(1)A licence comes into force on the day it is issued.
(2)A licence, other than an interim licence, continues in force until it is cancelled or surrendered.
(3)However, an interim licence continues in force in accordance with section 32AA.
32AAInterim licence—period in force
(1)An interim licence is in force for a period of 6 months, unless it is cancelled or surrendered before the end of that period.
(2)However, the commissioner may extend the period for which an interim licence is in force.
(3)Before the end of the period for which an interim licence is in force, if the interim licence has not been cancelled or surrendered, the commissioner must decide the application for the licence under section 27 as if the commissioner is deciding the application within the required time.
(4)If an interim licence is cancelled or surrendered before the end of the period for which it is in force, the application for the licence under section 25 is taken to be withdrawn.
(5)In this section:
required time—see section 27 (4).
32ALicence—annual fee
A licensee must pay to the commissioner the annual fee determined for the licence.
32BLicence—reduction in annual fee
(1)A licensee who regularly holds eligible events (an eligible licensee) may apply to the commissioner for a reduction in the annual fee payable for the licence.
NoteIf particular information is to be included in the form for an application, or a particular document must be attached to or given with the form, the form is properly completed only if the requirement is complied with (see Legislation Act, s 255 (5)).
(2)The commissioner may, in writing, require the applicant to give the commissioner additional information or documents that the commissioner reasonably need to decide the application.
(3)The commissioner must, not later than the required time—
(a)decide the application; and
(b)tell the eligible licensee about the decision on the application.
(4)The Minister may make guidelines in relation to reducing the annual fee payable for a licence.
(5)A guideline may include provisions about—
(a)who is an eligible licensee; and
(b)the criteria that an eligible licensee must address in their application for a reduction; and
(c)how an eligible licensee may apply for a reduction; and
(d)how the commissioner decides whether to reduce an annual fee.
(6)A guideline is a disallowable instrument.
(7)In this section:
eligible event means—
(a)a live music performance; or
(b)a performance arts event; or
Example
a theatre performance
(c)a visual arts event; or
Example
an art exhibition
(d)a literary arts event; or
(e)a cultural performance or arts event; or
Example
a planned performance of traditional dancing or singing
(f)any other event prescribed by regulation.
required time means the latest of the following:
(a)20 working days after the day the applicant applies for a reduction in the annual fee payable;
(b)if the commissioner requires the applicant to give the commissioner additional information or documents—20 working days after the day the commissioner receives the additional information or documents.
Division 2.4 Licences—notification and public consultation
Application and definition—div 2.4
(1)This division applies to the following applications:
(a)an application under section 25 (Licence—application) for a licence;
(b)an application under section 38 (Licence—amendment on application by licensee)—
(i)to amend a licence from 1 subclass of on licence to another subclass of on licence; or
(ii)to increase the occupancy loading for a public area at the licensed premises; or
(iii)to increase the licensed times for the sale of liquor at the licensed premises.
(2)In this division:
relevant premises means—
(a)for an application mentioned in subsection (1) (a)—the proposed licensed premises; and
(b)for an application mentioned in subsection (1) (b)—the licensed premises.
33ALicence—notice of application to certain entities
(1)The commissioner must give written notice of an application to the following:
(a)the chief health officer;
(b)the chief police officer;
(c)the director‑general of the administrative unit responsible for the Children and Young People Act 2008;
(d)the director-general of the administrative unit responsible for the Education Act 2004;
(e)the director-general of the administrative unit responsible for the Environment Protection Act 1997;
(f)the director‑general of the administrative unit responsible for the Litter Act 2004;
(g)the director‑general of the administrative unit responsible for the Road Transport (Public Passenger Services) Act 2001;
(h)any other person prescribed by regulation.
(2)If a place (an adjoining place) other than unleased land adjoins the relevant premises, the commissioner must also give the notice to the registered proprietor of the lease of the adjoining place.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)The notice must comply with the requirements prescribed by regulation.
(4)The commissioner is taken to have given notice to the registered proprietor of a lease that is a lease of a unit identified in a units plan if the notice is given to the owners corporation for the units plan.
(5)In this section:
adjoins—a place adjoins relevant premises if the place touches the premises, or is separated from the premises only by a road, reserve, river, watercourse or similar division.
lease, of a unit—see the Unit Titles Act 2001, dictionary.
units plan—see the Unit Titles Act 2001, dictionary.
33BCommissioner may ask for information from commissioner for revenue
(1)This section applies if—
(a)the commissioner is required to give notice of an application to the registered proprietor of a lease under section 33A; and
(b)the registered proprietor is uncontactable or the commissioner reasonably believes the registered proprietor is uncontactable.
(2)The commissioner may, in writing, ask the commissioner for revenue for either of the following:
(a)the person’s name;
(b)the person’s home address or other contact address.
(3)The commissioner for revenue must disclose the information required in a request made in accordance with subsection (2).
(4)In this section:
uncontactable—a registered proprietor is uncontactable if the commissioner does not have, or only has incomplete or outdated information about, either of the following:
(a)the registered proprietor’s name;
(b)a home address or other contact address for the registered proprietor.
Licence—public notification of application
(1)The applicant must—
(a)display a sign about the application at the relevant premises; and
(b)give public notice about the application.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(2)A sign and notice must—
(a)state the class of licence applied for and, for an on licence, the subclass of licence applied for; and
(b)comply with the requirements prescribed by regulation.
(3)A person commits an offence if the person—
(a)is an applicant; and
(b)fails to—
(i)display a sign in accordance with this section; or
(ii)publish a notice in accordance with this section.
Maximum penalty: 5 penalty units.
(4)An offence against this section is a strict liability offence.
Licence—representations
(1)If an applicant displays a sign or publishes a notice under section 34, anyone may give a written representation to the commissioner about how—
(a)1 or more of the following people is not a suitable person to hold the licence:
(i)the applicant;
(ii)a close associate of the applicant;
(iii)if the applicant is a corporation—an influential person for the applicant;
(iv)if someone other than the applicant is to have day-to-day control of the business operated under the licence—a person who is to have day-to-day control; or
(b)the relevant premises are not suitable premises for the licence.
NoteSuitable person
, to hold a licence or permit—see s 67.
Suitable premises, for a licence or permit—see s 75.
(2)A representation about an application may be given to the commissioner only during the public consultation period for the application.
NotePublic consultation period, for an application—see s 36.
(3)A person who gives the commissioner a representation about an application may, in writing, withdraw the representation at any time before the application is decided.
NoteIn deciding whether a person or premises are suitable for a licence, the commissioner must consider public consultation representations received under this section (see s 68 and s 76).
What is the public consultation period?—div 2.4
(1)In this division:
public consultation period, for an application, means—
(a)the period prescribed by regulation; or
(b)if the period prescribed is extended under subsection (2)—the prescribed period as extended.
(2)The commissioner may give public notice to extend the public consultation period for an application.
Note 1Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
Note 2The commissioner may extend the public consultation period after it has ended (see Legislation Act, s 151C).
(3)If the commissioner extends the public consultation period under subsection (2), the commissioner must give the applicant written notice of the extension.
Division 2.5 Licences—amendment, transfer, etc
Licence—amendment initiated by commissioner
(1)The commissioner may, by written notice (an amendment notice) given to a licensee, amend the licence if satisfied that—
(a)each of the following people is a suitable person to hold the licence as amended:
(i)the licensee;
(ii)each close associate of the licensee;
(iii)if the licensee is a corporation—each influential person for the licensee;
(iv)if someone other than the licensee has, or is to have, day‑to‑day control of the business operated under the licence—each person who has, or is to have, day-to-day control; and
(b)if the commissioner requires the licensee to give information about another person under section 71 (2) (c)—the information does not affect the licensee’s suitability to hold the licence; and
(c)for a licence other than a catering licence—the licensed premises are suitable premises for the licence as amended.
Note 1Amend includes amend, impose or remove a licence condition—see the dictionary.
Note 2Suitable person
, to hold a licence or permit—see s 67.
Suitable premises, for a licence or permit—see s 75.
Note 3In making this decision, the commissioner must have regard to the harm minimisation and community safety principles (see s 10).
(2)However, the commissioner may amend the licence only if—
(a)the commissioner has given the licensee written notice (a proposal notice) of the proposed amendment; and
(b)the proposal notice states that written comments on the proposal may be made to the commissioner before the end of a stated period of at least 14 days after the day the proposal notice is given to the licensee; and
(c)after the end of the stated period, the commissioner has considered any comments made in accordance with the notice.
(3)Subsection (2) does not apply if the licensee applied for, or agreed in writing to, the amendment.
(4)The amendment takes effect on the day the amendment notice is given to the licensee or a later day stated in the notice.
Licence—amendment on application by licensee
(1)A licensee may apply to the commissioner to amend the licence.
(2)A licensee must apply to the commissioner for amendment of the licence if someone else is to—
(a)become a close associate of the licensee; or
(b)if the licensee is a corporation—become an influential person for the licensee; or
(c)have day-to-day control of the business operated under the licence.
(3)If a licensee applies to the commissioner to amend an on licence from 1 subclass to another, the licensee must comply with the public consultation provisions in division 2.4 (Licences—public consultation).
Example—amendment from 1 subclass to another
restaurant and cafe licence to nightclub licence
(4)The commissioner may amend the licence only if satisfied that—
(a)each of the following people is a suitable person to hold the licence as amended:
(i)the licensee;
(ii)each close associate of the licensee;
(iii)if the licensee is a corporation—each influential person for the licensee;
(iv)if someone other than the proposed licensee has, or is to have, day‑to‑day control of the business operated under the licence—a person who has, or is to have, day-to-day control; and
(b)if the commissioner requires the licensee to give information about another person under section 71 (2) (c)—the information does not affect the licensee’s suitability to hold the licence; and
(c)for a licence other than a catering licence—the licensed premises are suitable premises for the licence as amended.
Note 1Amend includes amend, impose or remove a licence condition—see the dictionary.
Note 2Suitable person
, to hold a licence or permit—see s 67.
Suitable premises, for a licence or permit—see s 75.
Note 3In making this decision, the commissioner must have regard to the harm minimisation and community safety principles (see s 10).
Note 4A decision under this subsection is a reviewable decision (see s 220).
(5)The commissioner must, not later than the required time—
(a)decide the application for amendment; and
(b)tell the licensee about the decision on the application.
(6)In this section:
required time means the latest of the following:
(a)if the commissioner receives a representation about a person or premises under section 35 (Licence—representations)—90 days after the commissioner receives the representation;
(b)if the commissioner requires the licensee to provide a police certificate or other information under section 71 (Commissioner may require police certificate or information for person etc)—30 days after the day the commissioner receives the certificate or information;
(c)if the commissioner requires the licensee to provide a certificate, plan or other information under section 79 (Commissioner may require plan etc for premises)—30 days after the day the commissioner receives the certificate, plan or information;
(d)if the commissioner asks the licensee to allow the commissioner to inspect the premises under section 80 (Commissioner may require inspection of premises)—30 days after the day the commissioner inspects the premises;
(e)30 days after the day the commissioner receives the application.
NoteFailure to amend a licence within the required time is taken to be a decision not to amend the licence (see ACT Civil and Administrative Tribunal Act 2008, s 12).
Licence—amendment for change to floor plan of licensed premises
(1)A licensee must apply to the commissioner for amendment of the licence if the licensee intends to change the floor plan of the licensed premises.
(2)However, this section does not apply if the licensee intends to change the floor plan only for a licensee event or special event.
(3)The application must—
(a)be in writing; and
(b)include evidence that the operation of the business under the licence at the premises, as intended to be changed, complies with—
(i)the lease where the premises are located; and
(ii)the territory plan; and
(c)include—
(i)the final floor plans of the premises, as intended to be changed, approved by the territory planning authority in the development approval for the premises; and
(ii)if the licence is a general licence, an on licence (other than a restaurant and cafe licence that is not required to have an approved risk-assessment management plan), a club licence or a special licence—a risk-assessment management plan for the altered licensed premises.
(4)The commissioner may amend the licence only if satisfied that the premises as intended to be changed are suitable premises for the licence.
Note 1Amend includes amend, impose or remove a licence condition—see the dictionary.
Note 2Suitable premises, for a licence or permit—see s 75.
Note 3A decision under this subsection is a reviewable decision (see s 220).
(5)If the commissioner amends a general licence, on licence, club licence or special licence because of the intended changes to the floor plan, the commissioner must also decide—
(a)the occupancy loading for each public area at the licensed premises as intended to be changed; and
(b)the adults-only areas (if any) for the licensed premises as intended to be changed.
Note 1Occupancy loading, for a public area at licensed premises or permitted premises—see s 83.
Note 2Adults-only area, for licensed premises or permitted premises—see s 93.
(6)The commissioner must, not later than the required time—
(a)decide the application for amendment for alteration of licensed premises; and
(b)tell the licensee about the decision on the application.
(7)In this section:
required time means the latest of the following:
(a)if the commissioner requires the licensee to provide a certificate, plan or other information under section 79 (Commissioner may require plan etc for premises)—30 days after the day the commissioner receives the certificate, plan or information;
(b)if the commissioner asks the licensee to allow the commissioner to inspect the premises under section 80 (Commissioner may require inspection of premises)—30 days after the day the commissioner inspects the premises;
(c)30 days after the day the commissioner receives the application.
NoteFailure to amend a licence within the required time is taken to be a decision not to amend the licence (see ACT Civil and Administrative Tribunal Act 2008, s 12).
Licence—application to transfer licence
(1)A licensee may apply to the commissioner to transfer the licence to someone else (the proposed new licensee).
(2)The application must—
(a)be in writing; and
(b)include complete details of suitability information about—
(i)the proposed new licensee; and
(ii)each close associate of the proposed new licensee; and
(iii)if the proposed new licensee is a corporation—each influential person for the proposed new licensee; and
(iv)if someone other than the proposed new licensee is to have day-to-day control of the business operated under the licence—each person who is to have day-to-day control; and
(c)include a police certificate for each of the following people, dated not earlier than 3 months before the date of the transfer application:
(i)the proposed new licensee;
(ii)each close associate of the proposed new licensee;
(iii)if the proposed new licensee is a corporation—each influential person for the proposed new licensee;
(iv)if someone other than the proposed new licensee is to have day-to-day control of the business operated under the licence—each person who is to have day-to-day control.
Note 1Suitability information, about a person—see s 69.
Note 2Giving false or misleading information is an offence against the Criminal Code, s 338.
Licence—decision on application to transfer licence
(1)This section applies if the commissioner receives an application to transfer a licence under section 40.
(2)The commissioner must transfer the licence to the proposed new licensee only if satisfied that—
(a)each of the following people is a suitable person to hold the licence:
(i)the proposed new licensee;
(ii)each close associate of the proposed new licensee;
(iii)if the proposed new licensee is a corporation—each influential person for the proposed new licensee;
(iv)if someone other than the proposed new licensee is to have day‑to‑day control of the business operated under the licence—each person who is to have day-to-day control; and
(b)if the commissioner requires the proposed new licensee to give information about another person under section 71 (2) (c)—the information does not affect the proposed new licensee’s suitability to hold the licence; and
(c)the proposed new licensee complies, and is likely to continue to comply, with the requirements of this Act.
Note 1Suitable person, to hold a licence or permit—see s 67.
Note 2In making this decision, the commissioner must have regard to the harm minimisation and community safety principles (see s 10).
Note 3A decision under this subsection is a reviewable decision (see s 220).
(3)The commissioner must, not later than the required time—
(a)decide the application for transfer; and
(b)tell the licensee about the decision on the application.
(4)In this section:
required time means the latest of the following:
(a)if the commissioner requires the proposed new licensee to provide a police certificate or other information under section 71 (Commissioner may require police certificate or information for person etc)—30 days after the day the commissioner receives the certificate or information;
(b)30 days after the day the commissioner receives the application.
NoteFailure to transfer a licence within the required time is taken to be a decision not to transfer the licence (see ACT Civil and Administrative Tribunal Act 2008, s 12).
Licence—replacing when lost, stolen or destroyed
(1)The commissioner may issue a replacement licence to a licensee if satisfied that the licensee’s original licence has been lost, stolen or destroyed.
(2)For subsection (1), the commissioner may require the licensee to give the commissioner a statement verifying that the original licence has been lost, stolen or destroyed.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
Licence—surrender
(1)A licensee may surrender the licence by giving written notice (a surrender notice) of the surrender to the commissioner.
(2)The surrender notice must be accompanied by—
(a)the licence; or
(b)if the licence has been lost, stolen or destroyed—a statement verifying that the licence has been lost, stolen or destroyed.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
Offence—fail to return licence
(1)A person commits an offence if the person—
(a)ceases to be a licensee before the licence ends under section 32 (Licence—period in force); and
(b)fails to return the licence to the commissioner as soon as practicable, but not later than 21 days, after ceasing to be a licensee.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
46ALicence—immediate suspension for failure to pay fee
(1)This section applies if—
(a)the commissioner gives a licensee a written notice to pay a fee payable under this Act; and
(b)the licensee fails to pay the fee within 7 days after the day the notice is given.
(2)The commissioner may give the licensee a written notice (the immediate suspension notice) suspending the licence.
(3)The suspension takes effect when the immediate suspension notice is given to the licensee.
(4)The suspension ends when the fee is paid.
NoteA failure to pay a fee within 28 days after the day an immediate suspension notice is given is a ground to cancel a licence (see s 183 (3)).
Part 3Liquor permits
Division 3.1 Classes of permits
What is a permit?
In this Act:
permit means—
(a)a commercial permit; or
(b)a non-commercial permit.
What is a commercial permit?
In this Act:
commercial permit means a permit that authorises the permit-holder to sell liquor—
(a)at a single permitted premises; and
(b)of a retail value not exceeding the value stated in the permit; and
(c)at the event stated in the permit; and
(d)at the permitted times.
What is a non-commercial permit?
In this Act:
non-commercial permit means a permit that authorises a non-profit organisation to sell liquor—
(a)at a single permitted premises; and
(b)of a retail value not exceeding the value stated in the permit; and
(c)that is—
(i)in open containers for consumption at the premises; or
(ii)in sealed containers for consumption off the premises; and
(d)if the permit relates to an event—at the event stated in the permit; and
(e)at the permitted times.
Division 3.2 Permits—application and decision
Permit—application
(1)A person (a proposed permit-holder) may apply to the commissioner for a permit for stated premises.
(2)The application must—
(a)be in writing; and
(b)include complete details of suitability information about—
(i)the proposed permit-holder; and
(ii)each close associate of the proposed permit-holder; and
(iii)if the proposed permit-holder is a corporation—each influential person for the proposed permit-holder; and
(iv)the proposed permitted premises; and
NoteSuitability information
, about a person—see s 69.
Suitability information, about premises—see s 78.
(c)if the premises are wholly or partly enclosed, include evidence that the operation of the business at the premises under the proposed permit complies with—
(i)the lease where the premises are located; and
(ii)the territory plan; and
(d)if the premises are wholly or partly enclosed, include the following documents (if applicable in relation to the premises):
(i)the final floor plans of the premises approved by the territory planning authority in the development approval for the premises;
(ii)a certificate of occupancy for the premises; and
(e)if the application is for a commercial permit—include a risk-assessment management plan for the premises.
NoteGiving false or misleading information is an offence against the Criminal Code, s 338.
Permit—decision on application
(1)This section applies if the commissioner receives an application for a permit under section 50.
(2)The commissioner must issue the permit to the proposed permit‑holder only if satisfied that—
(a)if the proposed permit-holder is an individual—the proposed permit-holder is an adult; and
(b)each of the following people is a suitable person to hold the permit:
(i)the proposed permit-holder;
(ii)each close associate of the proposed permit-holder;
(iii)if the proposed permit-holder is a corporation—each influential person for the proposed permit-holder; and
(c)if the commissioner requires the proposed permit-holder to give information about another person under section 71 (2) (c)—the information does not affect the proposed permit-holder’s suitability to hold the permit; and
(d)the proposed permitted premises are suitable premises for the permit; and
(e)the proposed permit-holder complies, and is likely to continue to comply, with the requirements of this Act; and
(f)the proposed permitted premises comply with the requirements of this Act.
Note 1A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Note 2Suitable person
, to hold a licence or permit—see s 67.
Suitable premises, for a licence or permit—see s 75.
Note 3In making this decision, the commissioner must have regard to the harm minimisation and community safety principles (see s 10).
Note 4A decision under this subsection is a reviewable decision (see s 220).
(3)The commissioner must, not later than the required time—
(a)decide the application; and
(b)tell the proposed permit-holder about the decision on the application.
(4)In this section:
required time means the latest of the following:
(a)if the commissioner requires the proposed permit-holder to provide a police certificate or information under section 71 (Commissioner may require police certificate or information for person etc)—90 days after the day the commissioner receives the certificate or other information;
(b)if the commissioner requires the proposed permit-holder to provide a certificate, plan or other information under section 79 (Commissioner may require plan etc for premises)—90 days after the day the commissioner receives the certificate, plan or information;
(c)if the commissioner asks the proposed permit-holder to allow the commissioner to inspect the premises under section 80 (Commissioner may require inspection of premises)—90 days after the day the commissioner inspects the premises;
(d)90 days after the day the commissioner receives the application.
NoteFailure to issue a permit within the required time is taken to be a decision not to issue the permit (see ACT Civil and Administrative Tribunal Act 2008, s 12).
licensed times, for the sale of liquor at licensed premises or catered premises, means the times stated in the licence for the sale of liquor at the premises.
licensee—
(a)means a person who holds a licence; or
(b)for part 11 (Complaints and occupational discipline)—see section 174.
licensee event, for licensed premises—see section 214C.
liquor—see section 11.
liquor advisory board means the liquor advisory board established under section 215.
liquor guidelines—see section 223 (1).
low-alcohol liquor means a drink that is not liquor but contains more than 0.5% by volume of ethanol.
maintain, for part 16A (Criminal intelligence)—see section 222A.
nightclub licence—see section 23.
non-commercial permit—see section 49.
non-profit organisation means an organisation that—
(a)is not carried on for profit or gain to its individual members; and
(b)does not make any distribution, whether in money, property or otherwise, to its members.
occupancy loading, for a public area at licensed premises or permitted premises—see section 83.
occupancy loading notice, for part 5 (Occupancy loading for licensed premises and permitted premises)—see section 86 (3).
occupier, of premises, for part 10 (Enforcement)—see section 153.
offence, for part 10 (Enforcement)—see section 153.
off licence—see section 19.
on licence—see section 18.
outdoor eating or drinking place—see the Smoke-Free Public Places Act 2003, section 9A.
permanent alcohol-free place—see section 198 (1).
permit—see section 47.
permit-holder means a person who holds a permit mentioned in part 3 (Liquor permits).
permitted premises means premises that are the subject of a permit.
permitted times, for the sale of liquor at permitted premises, means the times stated in the permit for the sale of liquor at the premises.
person—a reference to a person in relation to a non-commercial permit includes a reference to a non-profit organisation.
personal information notice—see section 71.
police certificate, for a person, means a written statement by the Australian Federal Police or the Australian Criminal Intelligence Commission indicating—
(a)whether, according to the records held by the Australian Federal Police or the Australian Criminal Intelligence Commission, the person has been charged with, or convicted of, an offence against a law of—
(i)the Territory; or
(ii)the Commonwealth; or
(iii)a State; or
(iv)another country; and
(b)if so—particulars of each offence.
NoteA conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).
premises includes land, structure, vehicle or boat.
premises information notice—see section 79.
prohibited liquor product—see section 212.
proof of identity card, for division 14.2 (Children and young people)—see section 209.
proposed licensee—see section 25.
proposed new licensee—see section 40.
proposed permit-holder—see section 50.
public area, at licensed premises or permitted premises—see section 84.
public consultation period, for an application for division 2.4 (Licences—public consultation)—see section 36.
public place means any street, road, public park, reserve or other place that the public is entitled to use or that is open to, or used by, the public (whether or not for payment), including—
(a)a shop, and any place occupied in relation to a shop; and
(b)a factory, and any place occupied in relation to, a factory; and
(c)a building or part of a building occupied by a club, and any place occupied in relation to a club; and
(d)any private property that is commonly used by the public, whether as trespassers or otherwise.
purchase assistant, for part 11A (Compliance testing)—see section 187B (a).
registered proprietor, in relation to a lease, means the person who is registered under the Land Titles Act 1925 as proprietor of the lease.
registered training organisation, for division 12.1 (Approval to provide RSA training courses)—see section 188.
relevant premises, for division 2.4 (Licences—public consultation)—see section 33.
responsible person, for premises, for part 4 (Suitability of people and premises for licences and permits)—see section 74.
restaurant and cafe licence—see section 24.
reviewable decision, for part 16 (Notification and review of decisions)—see section 220.
risk-assessment management plan, for licensed premises or permitted premises—see section 88.
RSA certificate, for a person—see section 193.
RSA training course approval, for division 12.1 (Approval to provide RSA training courses)—see section 189.
sell includes—
(a)sell by wholesale, retail, auction or tender; and
(b)barter or exchange; and
(c)supply for profit; and
(d)offer for sale, receive for sale or expose for sale; and
(e)consign or deliver for sale; and
(f)have in possession for sale.
senior police officer means the chief police officer or another police officer of or above the rank of superintendent.
smoke—see the Smoke-Free Public Places Act 2003, section 5B.
special event—see section 214C.
special event declaration, for division 14.4 (Licensee events and special events)—see section 214D (1).
special licence—see section 21.
staff member, for part 8 (Conduct at licensed premises and permitted premises), means—
(a)for licensed premises—
(i)the licensee; or
(ii)an employee of the licensee; or
(b)for permitted premises—
(i)the permit-holder; or
(ii)an employee of the permit-holder.
subclass—each of the following is a subclass of on licence:
(a)bar licence;
(b)nightclub licence;
(c)restaurant and cafe licence.
suitability information—
(a)about a person—see section 69; and
(b)about premises—see section 78.
suitable person, to hold a licence or permit—see section 67.
suitable premises, for a licence or permit—see section 75.
supply includes sell.
temporary alcohol-free place—see section 198 (2).
warrant, for part 10 (Enforcement)—see section 153.
young person—see the Children and Young People Act 2008, section 12.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Liquor Act 2010 A2010-35
notified LR 6 September 2010
s 1, s 2 commenced 6 September 2010 (LA s 75 (1))
div 8.1 commenced 1 June 2012 (s 2 (1) (as am by A2010‑43 amdt 1.19), as mod by SL2010‑40 mod 4.1 (as am by SL2010‑48; SL2011‑23))
s 118 commenced 1 June 2011 (s 2 (1A) (ins as mod by SL2010‑40 mod 4.1 (as am by SL2010‑48))
pt 12 commenced 1 June 2011 (s 2 (2) (as am by A2010‑43 amdt 1.19), as mod by SL2010‑40 mod 4.1 (as am by SL2010‑48))
remainder commenced 1 December 2010 (s 2 (3) (as am by A2010‑43 amdt 1.19) and CN2010-14)as amended by
Liquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.13, sch 2 pt 2.1
notified LR 8 November 2010
s 1, s 2 commenced 8 November 2010 (LA s 75 (1))
amdt 1.19 commenced 9 November 2010 (s 2 (1))
amdt 1.49 commenced 30 January 2012 (s 2 (2) and see Personal Property Securities Act 2010 A2010-15 s 2 (2) (b))
sch 1 pt 1.13 remainder commenced 1 December 2010 (s 2 (4) and see A2010-35, s 2 (3) (as am by A2010‑43 amdt 1.19) and CN2010‑14)
sch 2 pt 2.1 commenced 9 December 2010 (s 2 (3) and see Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009 A2009‑51, s 2 (1) (b) and CN2010-4)as modified by
Liquor Regulation 2010 SL2010-40 sch 4 (as am by SL2010‑48; SL2011‑23)
notified LR 20 October 2010
s 1, s 2 commenced 20 October 2010 (LA s 75 (1))
sch 4 commenced 1 December 2010 (s 2 (1) and see A2010-35, s 2 (3))Liquor Amendment Regulation 2010 (No 1) SL2010-48
notified LR 30 November 2010
s 1, s 2 commenced 30 November 2010 (LA s 75 (1))
remainder commenced 1 December 2010 (s 2 and see A2010-35, s 2 (3))NoteThis regulation only amends the Liquor Regulation 2010 SL2010-40.
as amended by
Fair Trading (Australian Consumer Law) Amendment Act 2010 A2010‑54 sch 3 pt 3.16
notified LR 16 December 2010
s 1, s 2 commenced 16 December 2010 (LA s 75 (1))
sch 3 pt 3.16 commenced 1 January 2011 (s 2 (1))Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.94
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.94 commenced 1 July 2011 (s 2 (1))as modified by
Liquor Amendment Regulation 2011 (No 1) SL2011-23
notified LR 4 August 2011
s 1, s 2 commenced 4 August 2011 (LA s 75 (1))
remainder commenced 5 August 2011 (s 2)NoteThis regulation only amends the Liquor Regulation 2010 SL2010-40.
as amended by
Justice and Community Safety Legislation Amendment Act 2011 (No 3) A2011-49 sch 1 pt 1.6
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.6 commenced 12 December 2011 (s 2 (2) (a) and see Statute Law Amendment Act 2011 (No 3) A2011-52 s 2)Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.35
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))sch 3 pt 3.35 commenced 12 December 2011 (s 2)
Liquor Amendment Act 2012 A2012-10
notified LR 3 April 2012
s 1, s 2 commenced 3 April 2012 (LA s 75 (1))
remainder commenced 4 April 2012 (s 2)Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.27
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))
sch 3 pt 3.27 commenced 5 June 2012 (s 2 (2))Training and Tertiary Education Amendment Act 2014 A2014‑48 sch 1 pt 1.11
notified LR 6 November 2014
s 1, s 2 commenced 6 November 2014 (LA s 75 (1))
sch 1 pt 1.11 commenced 20 November 2014 (s 2)Liquor Amendment Act 2015 A2015-23
notified LR 18 August 2015
s 1, s 2 commenced 18 August 2015 (LA s 75 (1))
s 15 commenced 18 August 2016 (s 2 (3))
remainder commenced 19 August 2015 (s 2 (1))Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.43
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.43 commenced 14 October 2015 (s 2)Spent Convictions (Historical Homosexual Convictions Extinguishment) Amendment Act 2015 A2015‑45 sch 1 pt 1.7
notified LR 6 November 2015
s 1, s 2 commenced 6 November 2015 (LA s 75 (1))
sch 1 pt 1.7 commenced 7 November 2015 (s 2)Statute Law Amendment Act 2015 (No 2) A2015‑50 sch 3 pt 3.22
notified LR 25 November 2015
s 1, s 2 commenced 25 November 2015 (LA s 75 (1))sch 3 pt 3.22 commenced 9 December 2015 (s 2)
Justice Legislation Amendment Act 2016 A2016-7 pt 4
notified LR 29 February 2016
s 1, s 2 commenced 29 February 2016 (LA s 75 (1))
pt 4 commenced 29 August 2016 (s 2 and LA s 79)Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 2 pt 2.5, sch 3 pt 3.28, sch 4 pt 4.6
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
sch 2 pt 2.5, sch 3 pt 3.28, sch 4 pt 4.6 commenced 27 April 2016 (s 2)Emergencies Amendment Act 2016 A2016‑33 sch 1 pt 1.13
notified LR 20 June 2016
s 1, s 2 commenced 20 June 2016 (LA s 75 (1))
sch 1 pt 1.13 commenced 21 June 2016 (s 2)Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.18
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 3 pt 3.18 commenced 9 March 2017 (s 2)Liquor Amendment Act 2017 A2017-13 pt 2
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
s 6, s 8, s 9, s 11, ss 14-16, s 19, ss 22-27, s 31, s 32, s 46, s 48, s 50, ss 52-54, ss 56-71, s 76, s 77, s 85, s 90, ss 92-94 commenced 1 July 2017 (s 2 (1))
pt 2 remainder commenced 18 May 2017 (s 2 (2))Justice and Community Safety Legislation Amendment Act 2017 (No 3) A2017-38 pt 14
notified LR 9 November 2017
s 1, s 2 commenced 9 November 2017 (LA s 75 (1))
pt 14 commenced 16 November 2017 (s 2 (1))Road Transport Reform (Light Rail) Legislation Amendment Act 2018 A2018-19 sch 1 pt 1.2
notified LR 17 May 2018
s 1, s 2 commenced 17 May 2018 (LA s 75 (1))
sch 1 pt 1.2 commenced 24 May 2018 (s 2)Red Tape Reduction Legislation Amendment Act 2018 A2018-33 pt 7, sch 1 pt 1.24
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
pt 7 commenced 2 October 2018 (s 2 (1))
sch 1 pt 1.24 commenced 23 October 2018 (s 2 (4))Crimes (Disrupting Criminal Gangs) Legislation Amendment Act 2019 A2019-43 pt 6
notified LR 6 December 2019
s 1, s 2 commenced 6 December 2019 (LA s 75 (1))
pt 6 commenced 6 June 2020 (s 2 (2) and LA s 79)Justice Legislation Amendment Act 2020 A2020-42 pt 20
notified LR 27 August 2020
s 1, s 2 commenced 27 August 2020 (LA s 75 (1))
pt 20 commenced 3 September 2020 (s 2 (2))Justice and Community Safety Legislation Amendment Act 2021 (No 2) A2021-33 pt 14
notified LR 10 December 2021
s 1, s 2 commenced 10 December 2021 (LA s 75 (1))
pt 14 commenced 17 December 2021 (s 2 (1))Justice and Community Safety Legislation Amendment Act 2023 A2021-33 pt 8
notified LR 11 April 2023
s 1, s 2 commenced 11 April 2023 (LA s 75 (1))
pt 8 commenced 12 April 2023 (s 2)Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.45
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.45 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)Building and Construction Legislation Amendment Act 2023 A2023‑55 pt 12
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
pt 12 commenced 12 December 2023 (s 2 (4))Liquor Amendment Act 2024 A2024-4 pt 1
notified LR 28 March 2024
s 1, s 2 commenced 28 March 2024 (LA s 75 (1))
pt 1 commenced 28 June 2024 (s 2)Liquor (Night-Time Economy) Amendment Act 2024 A2024-13
notified LR 19 April 2024
s 1, s 2 commenced 19 April 2024 (LA s 75 (1))
ss 4-8, s 18, s 23 commenced 20 April 2024 (s 2 (1))
remainder commenced 2 July 2024 (s 2 (2), CN2024-4 and LA s 77 (3))Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.56, sch 4 pt 4.116
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.56, sch 4 pt 4.116 commenced 26 November 2025 (s 2 (3), (9))Amendment history
Commencement
s 2sub A2010‑43 amdt 1.19
mod SL2010‑40 mod 4.1 (as am by SL2010‑48 s 5; SL2011‑23 s 4)
om LA s 89 (4)
Dictionary
s 3am A2010‑54 amdt 3.41
Application of Act—generally
s 6am A2017‑13 s 4
Application of Act—sale of liquor
s 7am A2024‑13 s 4
Application of Act—supply of liquor by exempt business
s 8Ains A2017‑13 s 5
am A2024‑13 s 5, s 6; ss renum R41 LA
Object of Act
s 9am A2024‑13 s 7
Harm minimisation and community safety principles
s 10am A2024‑13 s 8
What is a licence?
s 16am A2017‑13 s 6; pars renum R26 LA; A2024‑13 s 9
What is a club licence?
s 20am A2017‑13 s 7; pars renum R25 LA
What is a catering licence?
s 20Ains A2017‑13 s 8
Licence—application
s 25am A2010‑43 amdt 1.20; A2017‑13 s 10, s 12, s 13; pars renum R25 LA; A2017‑13 s 9, s 11; pars renum R26 LA; A2023-36 amdt 1.246; A2025‑29 amdt 4.117
Licence—decision on application
s 27am A2015-23 s 4,s 26; pars renum R15 LA; A2017‑13 s 14, s 97; A2024‑13 s 10
Licence—interim licence
s 27Ains A2024‑13 s 11
Licence—form
s 30am A2017‑13 s 15, s 16
Licence—conditions
s 31am A2017‑13 s 17, s 18, s 20, s 21; A2017‑13 s 19; A2020‑42 s 111
Licence—period in force
s 32am A2017‑13 s 22, s 23; ss renum R26 LA
sub A2020‑42 s 112
am A2024‑13 s 12, s 13
Interim licence—period in force
s 32AAins A2024‑13 s 14
Licence—annual fee
s 32Ains A2020‑42 s 112
am A2025‑29 amdt 4.117
Licence—reduction in annual fee
s 32Bins A2024‑13 s 15
Licences—notification and public consultation
div 2.4 hdgsub A2017‑13 s 24
Application and definition—div 2.4
s 33sub A2017‑13 s 25
Licence—notice of application to certain entities
s 33Ains A2017‑13 s 26
am A2024‑13 s 16
Commissioner may ask for information from commissioner for revenue
s 33Bins A2017‑13 s 26
Licence—public notification of application
s 34am A2015‑33 amdt 1.141
What is the public consultation period?—div 2.4
s 36am A2015‑33 amdt 1.142
Licences—amendment, transfer, etc
div 2.5 hdgsub A2020‑42 s 113
Licence—amendment initiated by commissioner
s 37am A2015-23 s 5; pars renum R15 LA; A2017‑13 s 27
Licence—amendment on application by licensee
s 38am A2015-23 s 6, s 26; pars renum R15 LA; A2017‑13 s 97; A2017‑13 s 27; A2025‑29 amdt 4.117
Licence—amendment for change to floor plan of licensed premises
s 39am A2010‑43 amdt 1.21; A2017‑13 ss 28-30, s 97; pars renum R34 LA; A2023-36 amdt 1.246; A2024‑13 s 17, s 18; ss renum R43 LA; A2025‑29 amdt 4.117
Licence—application to transfer licence
s 40am A2025‑29 amdt 4.117
Licence—decision on application to transfer licence
s 41am A2015-23 s 7, s 26; pars renum R15 LA
Licence—application for renewal
s 42am A2016‑18 amdt 4.8; A2017‑13 s 31, s 32
om A2020‑42 s 114
Licence—decision on application for renewal
s 43am A2015-23 s 8, s 26; pars renum R15 LA; A2017‑13 s 97
om A2020‑42 s 114
Licence—replacing when lost, stolen or destroyed
s 44am A2015‑50 amdt 3.115; A2016‑18 amdt 3.130, amdt 3.131; A2025‑29 amdt 4.117
Licence—surrender
s 45am A2015‑50 amdt 3.115; A2016‑18 amdt 3.132, amdt 3.133; A2025‑29 amdt 4.117
Offence—fail to return licence
s 46am A2020‑42 s 115
Licence—immediate suspension for failure to pay fee
s 46Ains A2017‑13 s 33
Permit—application
s 50am A2010‑43 amdt 1.22; A2017‑13 s 34, s 35; pars renum R25 LA; A2023-36 amdt 1.246; A2025‑29 amdt 4.117
Permit—decision on application
s 51am A2015-23 s 9,s 26; pars renum R15 LA; A2017‑13 s 97
Permit—form
s 54am A2015‑50 amdt 3.116
Permit—conditions
s 55am A2010‑43 amdt 1.23; A2017‑13 ss 36-38
Permit—term
s 56am A2025‑29 amdt 4.117
Permit—amendment initiated by commissioner
s 57am A2015-23 s 10; pars renum R15 LA
Permit—amendment on application by permit-holder
s 58am A2015-23 s 11, s 26; pars renum R15 LA; A2017‑13 s 97; A2025‑29 amdt 4.117
Permit—application for renewal of non-commercial permit
s 61am A2025‑29 amdt 4.117
Permit—amendment on application by permit-holder
s 62am A2015-23 s 12, s 26; pars renum R15 LA; A2017‑13 s 97
Permit—replacing when lost, stolen or destroyed
s 63am A2015‑50 amdt 3.117; A2016‑18 amdt 3.134, amdt 3.135; A2025‑29 amdt 4.117
Permit—surrender
s 64am A2015‑50 amdt 3.118; A2016‑18 amdt 3.136, amdt 3.137; A2025‑29 amdt 4.117
Commissioner must consider suitability information, etc
s 68am A2015-23 s 26
What is suitability information about a person?
s 69am A2010‑54 amdt 3.42; A2025‑29 amdt 3.189
Non-suitability—criminal activity
s 69Ains A2019‑43 s 16
What is an eligible club?
s 70am A2017‑13 s 39, s 40; pars renum R25 LA
Commissioner may require police certificate or information for person etc
s 71 hdgsub A2015-23 s 13
s 71am A2015-23 s 14
Commissioner must consider suitability information, etc
s 76am A2017‑13 s 97
Commissioner must decide premises not suitable in some circumstances
s 77am A2017‑13 s 97; A2023-36 amdt 1.242
What is suitability information about premises?
s 78am A2010‑43 amdts 1.24-1.26; A2020‑42 s 116; A2023-36 amdt 1.242
Commissioner may require plan etc for premises
s 79 hdgsub A2017‑13 s 41
s 79am A2017‑13 s 42; A2023-36 amdt 1.246
What is a public area?
s 84am A2010‑43 amdt 1.27
Occupancy loading decision
s 85am A2012‑21 amdt 3.112; A2016‑33 amdt 1.34
Fire engineering study and inspection
s 86am A2012‑21 amdt 3.113; A2016‑33 amdt 1.34; A2023-55 s 60; A2024‑13 s 19; A2025‑29 amdt 4.117
Commissioner not to issue licence or permit if requirement not complied with
s 87am A2012‑21 amdt 3.114; A2016‑33 amdt 1.34
What is a risk-assessment management plan?
s 88am A2025‑29 amdt 4.117
Risk-assessment management plan—approval
s 90am A2010‑43 amdt 1.28
Risk-assessment management plan—availability
s 90Ains A2010‑43 amdt 1.29
am A2017‑13 s 43
Risk-assessment management plan—direction to prepare plan
s 90Bins A2017‑13 s 44
am A2025‑29 amdt 3.190
Approved risk-assessment management plan—amendment on direction from commissioner
s 90Cins A2017‑13 s 44
Approved risk-assessment management plan—amendment on application
s 91 hdgsub A2010‑43 amdt 1.30
s 91am A2025‑29 amdt 4.117
Approved risk-assessment management plan—decision on amendment
s 92 hdgsub A2010‑43 amdt 1.31
s 92am A2010‑43 amdt 1.32
Offence—licensee fail to comply with direction to prepare approved risk‑assessment management plan
s 92Ains A2017‑13 s 45
Offence—failure to amend approved risk-assessment management plan
s 92Bins A2017‑13 s 45
Young people’s event approval—application
s 95am A2025‑29 amdt 4.117
Offence—supply liquor without RSA certificate—licensee or permit-holder
s 100am A2017‑13 s 47, s 96; A2017‑13 s 46
Offence—supply liquor without RSA certificate—employee
s 101am A2017‑13 s 96; A2017‑13 s 48
Offence—crowd controller without RSA certificate
s 102am A2017‑13 s 96
Offence—fail to keep RSA certificates
s 103am A2017‑13 s 49; A2017‑13 s 50
What is intoxicated?
s 104am A2017‑13 s 51
Offence—supply liquor to intoxicated person—licensee or permit-holder
s 105am A2015‑50 amdt 3.119; A2017‑13 s 52
Offence—supply liquor to intoxicated person—employee
s 106am A2015‑50 amdt 3.119; A2017‑13 s 52
Offence—supply liquor to intoxicated person—other person
s 107am A2017‑13 s 53, s 54; pars renum R26 LA
Offence—fail to display sign about abuse offence
s 109om A2017‑13 s 55
Offence—supply liquor to child or young person—licensee or permit-holder
s 110am A2015‑50 amdt 3.119; A2017‑13 s 56
Offence—supply liquor to child or young person—employee
s 111am A2015‑50 amdt 3.119; A2017‑13 s 56, s 57
Offence—supply liquor to child or young person—other person
s 112am A2017‑13 ss 58-60; pars renum R26 LA
Offence—child or young person consume liquor—licensee or permit-holder
s 114am A2017‑13 s 61
Offence—child or young person consume liquor
s 115am A2017‑13 s 62; pars renum R26 LA
Offence—child or young person possess liquor—licensee or permit-holder
s 116am A2017‑13 s 63, s 64
Offence—child or young person possess liquor
s 117am A2017‑13 s 65, s 66; pars renum R26 LA
Offence—send child or young person to obtain liquor
s 119am A2017‑13 s 67, s 68; pars renum R26 LA
Licensee, permit-holder, etc may seize false identification document
s 124am A2010‑43 amdts 1.33-1.36; pars and ss renum R2 LA; A2025‑29 amdt 4.117
Offence—exceed occupancy loading
s 125am A2010‑43 amdt 1.37
Offence—fail to display occupancy loading sign
s 126am A2010‑43 amdt 1.38
Offence—fail to make risk-assessment management plan available
s 128om A2010‑43 amdt 1.39
Offence—disclose confidential provision of risk-assessment management plan
s 129om A2010‑43 amdt 1.40
What is an incident?—div 8.6
s 130am A2010‑43 amdt 1.41; pars renum R2 LA
Incident reporting
s 131am A2010‑43 amdt 1.42; pars renum R2 LA
sub A2017‑13 s 69
am A2025‑29 amdt 4.117
Offence—fail to report incident
s 132 hdgsub A2017‑13 s 70
s 132am A2017‑13 s 71
Offence—conduct prohibited promotional activities
s 137am A2010‑43 amdt 1.43; ss renum R2 LA
Offence—remain in or re-enter vicinity of premises
s 138sub A2017‑13 s 72
Offence—take liquor from on licensed premises
s 139Ains A2017‑13 s 73
Offence—fail to comply with direction to display sign
s 143Ains A2017‑13 s 74
Excluding people from premises
div 8.9 hdgins A2017‑13 s 75
Excluding people from premises
s 143Bins A2017‑13 s 75
am A2017‑13 s 76, s 77
Exclusion orders
div 8.10 hdgins A2019‑43 s 17
Definitions—div 8.10
s 143Cins A2019‑43 s 17
def excluded person ins A2019‑43 s 17
def exclusion order ins A2019‑43 s 17
def exclusion period ins A2019‑43 s 17
Meaning of exclusion order, excluded person and exclusion period
s 143Dins A2019‑43 s 17
Application for exclusion order
s 143Eins A2019‑43 s 17
Making of exclusion order
s 143Fins A2019‑43 s 17
Offence—excluded person on premises contrary to exclusion order
s 143Gins A2019‑43 s 17
Display of notice about effect of exclusion order
s 143Hins A2019‑43 s 17
Amending or revoking exclusion order
s 143Iins A2019‑43 s 17
Commissioner may direct licensee, permit-holder, employee etc
s 144am A2017‑13 s 78;A2025‑29 amdt 4.117
Direction to give security camera images
div 9.1A hdg ins A2017‑13 s 79
Commissioner or police may direct licensee to give security camera images
s 145Ains A2017‑13 s 79
am A2024-4 s 4
Offence—fail to comply with direction to give security camera images
s 145Bins A2017‑13 s 79
Definitions—div 9.3
s 149def caution offence am A2016‑7 s 34
def CYP chief executive om A2011‑22 amdt 1.288
def CYP director‑general ins A2011‑22 amdt 1.288
Police may caution children and young people
s 150am A2011‑22 amdt 1.289
Police must caution and release child or young person as soon as practicable
s 151am A2011‑22 amdt 1.289
Chief police officer may revoke cautions
s 152am A2011‑22 amdt 1.289
Power to enter premises
s 154am A2010‑43 amdt 1.44; pars renum R2 LA
Consent to entry
s 156am A2010‑43 amdt 1.45
Warrants—application made other than in person
s 160am A2018‑33 amdt 1.45, amdt 1.46
Receipt for things seized
s 164am A2025‑29 amdt 4.117
Return of things seized
s 167am A2011‑22 amdt 1.289
Forfeiture of seized things
s 168am A2011‑22 amdt 1.289
Application for order disallowing seizure
s 170am A2011‑22 amdt 1.289; A2017‑4 amdt 3.93
Order for return of seized thing
s 171am A2011‑22 amdt 1.289
Form of complaint
s 177am A2016‑18 amdt 2.5; A2017‑13 s 80
Further information about complaint etc
s 179am A2011‑52 amdt 3.131; A2015‑50 amdt 3.118; A2016‑18 amdt 3.138
Meaning of person of concern—div 11.3
s 182Ains A2019‑43 s 18
Grounds for occupational discipline—licensee
s 183am A2010‑43 amdt 2.3; A2017‑13 s 81; A2019‑43 s 19
Grounds for occupational discipline—commercial permit‑holder
s 184am A2010‑43 amdt 2.6; A2019‑43 s 20
ACAT must consider suitability information, etc about licensee or commercial-permit holder
s 185am A2015-23 s 26
ACAT must consider suitability information, etc about premises
s 186am A2017‑13 s 97
Application to ACAT for occupational discipline
s 187am A2010‑43 amdt 1.46
Compliance testing
pt 11A hdgins A2017‑13 s 82
Definitions—pt 11A
s 187Ains A2017‑13 s 82
def approved procedures ins A2017‑13 s 82
def approved program ins A2017‑13 s 82
def authorised person ins A2017‑13 s 82
def compliance test ins A2017‑13 s 82
def purchase assistant ins A2017‑13 s 82
What is a compliance test?—pt 11A
s 187Bins A2017‑13 s 82
Approval of compliance testing programs
s 187Cins A2017‑13 s 82
Approval of compliance testing procedures
s 187Dins A2017‑13 s 82
am A2025‑29 amdt 4.117
Carrying out compliance testing
s 187Eins A2017‑13 s 82
Lawfulness of compliance testing
s 187Fins A2017‑13 s 82
Indemnification of authorised people and purchase assistants
s 187Gins A2017‑13 s 82
Cancellation of licence or permit for criminal activity
pt 11B hdgins A2019‑43 s 21
Definitions—pt 11B
s 187Hins A2019‑43 s 21
def cancellation order ins A2019‑43 s 21
def involved, with a licence ins A2019‑43 s 21
def involved, with a permit ins A2019‑43 s 21
Application for cancellation order
s 187Iins A2019‑43 s 21
Cancellation order
s 187Jins A2019‑43 s 21
Cancellation order—revocation
s 187Kins A2019‑43 s 21
Offences—cancellation order—involvement of person engaged in criminal activity
s 187Lins A2019‑43 s 21
Definitions—div 12.1
s 188def registered training organisation sub A2014‑48 amdt 1.22
RSA training course approval—application
s 189am A2025‑29 amdt 4.117
What is an RSA certificate?
s 193am A2017‑4 amdt 3.94
sub A2017‑13 s 83
am A2021-33 s 23, s 24
RSA training providers must give RSA certificates
s 194 hdgsub A2017‑4 amdt 3.95
s 194am A2017‑4 amdt 3.96
Alcohol-free places
s 198am A2025‑29 amdt 4.117
Offence—consume liquor at certain public places
s 199am A2015‑50 amdt 3.119; A2018‑19 amdts 1.2-1.4; pars renum R29 LA
Offence—possess open container of liquor at certain public places
s 200am A2015‑50 amdt 3.119; A2018‑19 amdts 1.5-1.7; pars renum R29 LA
Offence—supply liquor to child or young person by parent etc—private place
s 204Ains A2015-23 s 15
Police officer may ask for identification document
s 207am A2010‑43 amdt 1.47
What is a proof of identity card?—div 14.2
s 209sub A2016‑7 s 35
Proof of identity cards
s 210 hdgsub A2016‑7 s 36
s 210am A2016‑7 s 37; A2025‑29 amdt 4.117
Offence—child or young person use false identification to obtain proof of identity card
s 211 hdgsub A2016‑7 s 38
s 211am A2016‑7 s 39
Prohibited liquor products
s 213am A2017‑13 s 84; A2025‑29 amdt 4.117
Licensee events and special events
div 14.4 hdgins A2017‑13 s 85
sub A2024‑13 s 20
Application—div 14.4
s 214Ains A2017‑13 s 85
sub A2024‑13 s 20
Definitions—div 14.4
s 214Bins A2017‑13 s 85
sub A2024‑13 s 20
def Access Canberra ins A2024‑13 s 20
def changed floor plan authorisation ins A2024‑13 s 20
def extended trading authorisation ins A2024‑13 s 20
def extended trading period ins A2024‑13 s 20
def head ins A2024‑13 s 20
def special event declaration ins A2024‑13 s 20
Meaning of licensee event and special event
s 214Cins A2024‑13 s 20
Declaration of special event
s 214Dins A2024‑13 s 20
Extended trading for special event
s 214Eins A2024‑13 s 20
Extended trading for licensee event
s 214Fins A2024‑13 s 20
Change to floor plan of licensed premises
s 214Gins A2024‑13 s 20
Membership of liquor advisory board
s 216am A2015-23 ss 16-20; pars renum R15 LA; A2017‑38 ss 43‑45; pars renum R28 LA; A2023‑13 s 20, s 21; pars renum R37 LA
Liquor advisory board function
s 217sub A2015-23 s 21
Liquor advisory board procedure
s 218am A2015-23 s 22
Reimbursement of expenses for liquor advisory board members
s 219am A2015-23 s 22
Criminal intelligence
pt 16A hdgins A2015-23 s 23
Reviewable decision notices
s 221am A2025‑29 amdt 4.117
Applications for review
s 222am A2025‑29 amdt 4.117
Definitions—pt 16A
s 222Ains A2015-23 s 23
def criminal intelligence ins A2015-23 s 23
def maintain ins A2015-23 s 23
Disclosure of criminal intelligence—chief police officer
s 222Bins A2015-23 s 23
am A2019‑43 s 22
Disclosure of criminal intelligence—commissioner for fair trading and ACAT
s 222Cins A2015-23 s 23
Whether information is criminal intelligence—application and decision
s 222Dins A2015-23 s 23
am A2019‑43 s 23; ss renum R33 LA
Appeal—applicant may withdraw information
s 222Eins A2015-23 s 23
Confidentiality of criminal intelligence—commissioner and ACAT
s 222Fins A2015-23 s 23
am A2019‑43 s 24; ss renum R33 LA
Confidentiality of criminal intelligence—courts
s 222Gins A2015-23 s 23
Delegation by chief police officer
s 222Hins A2015-23 s 23
Liquor guidelines
s 223am A2010‑43 amdt 1.48; ss renum R2 LA; A2024‑13 s 21; A2025‑29 amdt 4.117
Declared training providers
s 224am A2025‑29 amdt 4.117
Licences and permits not personal property—PPS Act
s 224Ains A2010‑43 amdt 1.49
Evidentiary certificates—licensees and permit holders
s 224Bins A2017‑13 s 86
Determination of fees
s 227am A2012‑10 s 4; ss renum R10 LA; A2020‑42 s 117, s 118; ss renum R34 LA; A2025‑29 amdt 4.117
Approved forms
s 228am A2025‑29 amdt 4.117
Regulation-making power
s 229am A2020‑42 s 119; A2025‑29 amdt 4.117
Legislation repealed
s 230om LA s 89 (3)
Transitional
pt 20 hdgins A2010‑43 amdt 1.50
exp 1 December 2013 (s 259)
Definitions—pt 20
s 250ins A2010‑43 amdt 1.50
exp 1 December 2013 (s 259)
def commencement day ins A2010‑43 amdt 1.50
exp 1 December 2013 (s 259)
def new licence ins A2010‑43 amdt 1.50
exp 1 December 2013 (s 259)
def old licence ins A2010‑43 amdt 1.50
exp 1 December 2013 (s 259)
def repealed Act ins A2010‑43 amdt 1.50
exp 1 December 2013 (s 259)
Modification—s 2 (Commencement)
s 250Ains as mod SL2010‑40 mod 4.1 (as am by SL2010‑48 s 5; SL2011‑23 s 4)
mod exp 1 December 2013 (SL2010‑40 s 101 (2))
Transitional—old licensees applying for new licences
s 251ins A2010‑43 amdt 1.50
mod SL2010‑40 mod 4.2 (as am by SL2010‑48 s 5) mod exp 1 December 2013 (SL2010‑40 s 101 (2))
exp 1 December 2013 (s 259)
Transitional—old licences and new applications
s 252ins A2010‑43 amdt 1.50
exp 1 December 2013 (s 259)
Transitional—old licences and occupancy loading
s 253ins A2010‑43 amdt 1.50
exp 1 December 2013 (s 259)
Transitional—old liquor permits taken to be commercial permits
s 254ins A2010‑43 amdt 1.50
exp 1 December 2013 (s 259)
Transitional—old non-profit organisation wine permits taken to be non‑commercial permits
s 255ins A2010‑43 amdt 1.50
exp 1 December 2013 (s 259)
Transitional—old tourism wine permits taken to be commercial permits
s 256ins A2010‑43 amdt 1.50
exp 1 December 2013 (s 259)
Transitional—RSA certificates
s 257ins A2010‑43 amdt 1.50
exp 1 December 2013 (s 259)
Transitional regulations
s 258ins A2010‑43 amdt 1.50
exp 1 December 2013 (s 259)
Expiry—pt 20
s 259ins A2010‑43 amdt 1.50
exp 1 December 2013 (s 259)
Transitional
pt 21 hdgins A2015-23 s 24
exp 19 February 2016 (s 262)
Meaning of commencement day—pt 21
s 260ins A2015-23 s 24
exp 19 February 2016 (s 262)
Liquor advisory board member representing liquor consumers
s 261ins A2015-23 s 24
exp 19 February 2016 (s 262)
Expiry—pt 21
s 262ins A2015-23 s 24
exp 19 February 2016 (s 262)
Transitional—proof of age cards
pt 22 hdgins A2016‑7 s 40
exp 29 August 2017 (s 265)
Meaning of commencement day—pt 22
s 263ins A2016‑7 s 40
exp 29 August 2017 (s 265)
Proof of age cards
s 264ins A2016‑7 s 40
exp 29 August 2017 (s 265)
Expiry—pt 22
s 265ins A2016‑7 s 40
exp 29 August 2017 (s 265)
Transitional—liquor advisory board appointments
pt 23 hdgins A2017‑38 s 46
exp 15 October 2018 (s 269)
Meaning of commencement day—pt 23
s 266ins A2017‑38 s 46
exp 15 October 2018 (s 269)
Existing Clubs ACT appointment
s 267ins A2017‑38 s 46
exp 15 October 2018 (s 269)
Existing Australian Hotels Association (ACT branch) appointment
s 268ins A2017‑38 s 46
exp 15 October 2018 (s 269)
Expiry—pt 23
s 269ins A2017‑38 s 46
exp 15 October 2018 (s 269)
Validations and transitional
pt 24 hdgins A2020‑42 s 120
exp 3 September 2020 (s 272)
Validation of fees
s 270ins A2020‑42 s 120
exp 3 September 2020 (s 272)
Transitional—Liquor (Fees) Determination 2019
s 271ins A2020‑42 s 120
exp 3 September 2020 (s 272)
Expiry—pt 24
s 272ins A2020‑42 s 120
exp 3 September 2020 (s 272)
Transitional—Justice and Community Safety Legislation Amendment Act 2023
pt 25 hdgins A2023‑13 s 22
exp 12 April 2024 (s 274)
Liquor advisory board—existing Australian Federal Police member
s 273ins A2023‑13 s 22
exp 12 April 2024 (s 274)
Expiry—pt 25
s 274ins A2023‑13 s 22
exp 12 April 2024 (s 274)
Reviewable decisions
sch 1am A2010‑43 amdt 1.51; A2020‑42 s 121; items renum R34 LA
Dictionary
dictam A2010‑54 amdt 3.43; A2011‑22 amdt 1.290; A2011‑52 amdt 3.132; A2012‑21 amdt 3.115; A2016‑33 amdt 1.35; A2017‑4 amdt 3.97, amdt 3.98; A2018‑33 s 86; A2023-36 amdt 1.243, amdt 1.244; A2025‑29 amdt 3.191
def ACAT Act ins A2010‑43 amdt 1.52
def Access Canberra ins A2024‑13 s 22
def ACTPLA certificate om A2017‑13 s 87
def applicant om A2017‑13 s 87
def approved procedures ins A2017‑13 s 88
def approved program ins A2017‑13 s 88
def authorised person sub A2017‑13 s 89
def cancellation order ins A2019‑43 s 25
def catered premises ins A2017‑13 s 90
def catering licence ins A2017‑13 s 90
def changed floor plan authorisation ins A2024‑13 s 24
def class am A2024‑13 s 23; pars renum R41 LA
def compliance test ins A2017‑13 s 91
def confidential provision om A2010‑43 amdt 1.53
def criminal intelligence ins A2015-23 s 25
def CYP chief executive om A2011‑22 amdt 1.291
def CYP director‑general ins A2011‑22 amdt 1.291
def designated outdoor smoking area ins A2010‑43 amdt 2.7
def enclosed public place sub A2010‑43 amdt 2.8
def excluded person ins A2019‑43 s 25
def exclusion order ins A2019‑43 s 25
def exclusion period ins A2019‑43 s 25
def extended trading authorisation ins A2024‑13 s 24
def extended trading period ins A2024‑13 s 24
def head ins A2024‑13 s 24
def identification document am A2016‑7 s 41
sub A2018‑33 s 87
def identity card am A2010‑54 amdt 3.44
def incident register om A2017‑13 s 92
def interim licence ins A2024‑13 s 24
def interstate proof of age card om A2016‑7 s 42
def interstate proof of identity card ins A2016‑7 s 43
def investigator am A2010‑54 amdt 3.44
def involved, with a licence ins A2019‑43 s 25
def involved, with a permit ins A2019‑43 s 25
def lease sub A2023-36 amdt 1.245
def licensed premises ins A2010‑43 amdt 1.54
am A2017‑13 s 93
def licensee event ins A2024‑13 s 24
def licensed times am A2017‑13 s 94
def liquor advisory board ins A2017‑4 amdt 3.99
def low-alcohol liquor am A2010‑43 amdt 1.55
def maintain ins A2015-23 s 25
def outdoor eating or drinking place ins A2010‑43 amdt 2.9
def permit-holder sub A2017‑4 amdt 3.100
def permitted premises ins A2010‑43 amdt 1.56
def police certificate am A2011‑49 amdt 1.11, amdt 1.12; A2011‑52 amdt 3.133; A2015‑45 amdt 1.7; A2017‑4 amdt 3.101
def proof of age card om A2016‑7 s 44
def proof of identity card ins A2016‑7 s 45
def purchase assistant ins A2017‑13 s 95
def registered proprietor ins A2024‑13 s 24
def reviewable decision am A2017‑4 amdt 3.102
def smoke sub A2010‑43 amdt 2.10
def special event ins A2024‑13 s 24
def special event declaration ins A2024‑13 s 24
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
9 Nov 20109 Nov 2010–
30 Nov 2010 (not in force)A2010‑43 amendments by A2010‑43 to commencement section only R2
1 Dec 20101 Dec 2010–
8 Dec 2010A2010‑43 new Act, modifications by SL2010‑40 as am by SL2010‑48 and amendments by A2010‑43 R3
9 Dec 20109 Dec 2010–
31 Dec 2010A2010‑43 amendments by A2010‑43 R4
1 Jan 20111 Jan 2011–
31 May 2011A2010‑54 amendments by A2010‑54 R5
1 June 20111 June 2011–
30 June 2011A2010‑54 commenced provisions R6
1 July 20111 July 2011–
4 Aug 2011A2011‑22 amendments by A2011‑22 R7
5 Aug 20115 Aug 2011–
11 Dec 2011SL2011‑23 modifications by SL2010‑40 as amended by SL2011‑23 R8
12 Dec 201112 Dec 2011–
29 Jan 2012A2011‑52 amendments by A2011‑49 and A2011‑52 R9
30 Jan 201230 Jan 2012–
3 Apr 2012A2011‑52 amendments by A2010‑43 R10
4 Apr 20124 Apr 2012–
31 May 2012A2012‑10 amendments by A2012‑10 R11
1 June 20121 June 2012–
4 June 2012A2012‑10 commenced provisions R12
5 June 20125 June 2012–
1 Dec 2013A2012‑21 amendments by A2012‑21 R13
2 Dec 20132 Dec 2013–
19 Nov 2014A2012‑21 expiry of transitional provisions (pt 20) and modifications (s 250A, s 251 (4A)) R14
20 Nov 201420 Nov 2014–
18 Aug 2015A2014-48 amendments by A2014-48 R15
19 Aug 201519 Aug 2015–
13 Oct 2015A2015‑23 amendments by A2015‑23 R16
14 Oct 201514 Oct 2015–
6 Nov 2015A2015‑33 amendments by A2015‑33 R17
7 Nov 20157 Nov 2015–
8 Dec 2015A2015-45 amendments by A2015-45 R18
9 Dec 20159 Dec 2015–
19 Feb 2016A2015-50 amendments by A2015-50 R19
20 Feb 201620 Feb 2016–
26 Apr 2016A2015‑50 expiry of transitional provision (pt 21) R20
27 Apr 201627 Apr 2016–
20 June 2016A2016‑18 amendments by A2016‑18 R21
21 June 201621 June 2016–
17 August 2016A2016-33 amendments by A2016-33 R22
18 Aug 201618 Aug 2016–
28 Aug 2016A2016-33 amendments by A2015‑23 R23 (RI)
23 Jan 201829 Aug 2016–
8 Mar 2017A2016‑33 amendments by A2016-7
reissued for textual correction in dictionaryR24 (RI)
23 Jan 20189 Mar 2017–
17 May 2017A2017-4 amendments by A2017-4
reissued for textual correction in dictionaryR25 (RI)
23 Jan 201818 May 2017–
30 June 2017A2017‑13 amendments by A2017‑13
reissued for textual correction in dictionaryR26 (RI)
23 Jan 20181 July 2017–
29 Aug 2017A2017‑13 amendments by A2017‑13
reissued for textual correction in dictionaryR27 (RI)
23 Jan 201830 Aug 2017–
15 Nov 2017A2017‑13 expiry of transitional provisions (pt 22)
reissued for textual correction in dictionaryR28 (RI)
23 Jan 201816 Nov 2017–
23 May 2018A2017-38 amendments by A2017-38
reissued for textual correction in dictionaryR29
24 May 201824 May 2018–
1 Oct 2018A2018‑19 amendments by A2018‑19 R30
2 Oct 20182 Oct 2018–
15 Oct 2018A2018‑33 amendments by A2018‑33 R31
16 Oct 201816 Oct 2018–
22 Oct 2018A2018‑33 expiry of transitional provisions (pt 23) R32
23 Oct 201823 Oct 2018–
5 June 2020A2018‑33 amendments by A2018‑33 R33
6 June 20206 June 2020–
2 Sept 2020A2019‑43 amendments by A2019‑43 R34
3 Sept 20203 Sept 2020–
3 Sept 2020A2020‑42 amendments by A2020‑42 R35
4 Sept 20204 Sept 2020–
16 Dec 2021A2020‑42 expiry of validation and transitional provisions (pt 24) R36
17 Dec 202117 Dec 2021–
11 Apr 2023A2021‑33 amendments by A2021‑33 R37
12 Apr 202312 Apr 2023–
26 Nov 2023A2023‑13 amendments by A2023‑13 R38
27 Nov 202327 Nov 2023–
11 Dec 2023A2023‑36 amendments by A2023‑36 R39
12 Dec 202312 Dec 2023–
12 Apr 2024A2023‑55 amendments by A2023‑55 R40
13 Apr 202413 Apr 2024–
19 Apr 2024A2023‑55 expiry of transitional provisions (pt 25) R41
20 Apr 202420 Apr 2024–
27 June 2024A2024‑13 amendments by A2024‑13 R42
28 June 202428 June 2024–
1 July 2024A2024‑13 amendments by A2024-4 R43
2 July 20242 July 2024–
25 Nov 2025A2024-13 amendments by A2024-13
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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