Liquor Act Amendment Act 1982 (Qld)

381 (1 tteen Iatth ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 25 of 1982 An Act to amend the Liquor Act 1912-1981 in certain particulars [ASSENTFD TO 29TH APRIL, 1982]

382 Liquor Act Amendment Act 1982, No. 25 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Liquor Act Amendment Act 1982. (2) In this Act the Liquor Act1912-1981 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Liquor Act1912-1982. 2. Amendment of s. 16 . Licenses . Section 16 of the Principal Act is amended by- (a) at the end of paragraph (s) omitting the expression " . " and substituting the expression " ; "; (b) inserting after paragraph (s) the following paragraphs:- (t) historic inn license; (u) cultural centre license.". 3. Amendment of s. 18 . Annual fees. Section 18 of the Principal Act is amended by- (a) at the end of paragraph (xvi) omitting the expression " . " and substituting the expression " ; "; (b) inserting after paragraph (xvi) the following paragraph:- " (xvii) For a cultural centre license-a sum equal to eight per centum of the gross amount (including all duties thereon) paid or payable for or in respect of all liquor which during the twelve months ended on the last day of June in the preceding year was purchased or otherwise obtained for the licensed premises.". 4. Amendment of s. 22. Persons and premises disqualified . Section 22 of the Principal Act is amended by in subsection (4) omitting the words " subject to section twenty-three " and substituting the words " subject to section 23 and section 1641 ". 5. Amendment of s. 47B. Procedure upon forfeiture of a license. Section 47B of the Principal Act is amended by inserting after subsection (2) the following subsection:- " (2A) The Licensing Court may, in lieu of forfeiting or suspending any license, impose a fine on the licensee or holder of a license not exceeding $5 000, and if that fine is not paid to the Executive Officer of the Licensing Commission within twenty-eight days from the date of the imposition of the fine, it shall be recoverable as a debt due to the Licensing Commission in the Magistrates Court constituted under the Magistrates Courts Act1921-1976 for the district in which the premises to which the show cause proceedings against forfeiture refer are situated.".

Liquor Act Amendment Act 1982, No. 25 383 6. Amendment of s. 117. Ex -servicemen ' s clubs. Section 117 of the Principal Act is amended by in subsection (1) in paragraph (c) omitting all words from and including " Provided however " to and including " of the Club " and substituting the following subparagraph:- Provided however that- (i) a spouse, father, mother, son, daughter, stepson, stepdaughter, brother or sister of a serviceman, ex-serviceman (whether living or deceased) or member of the permanent forces as aforesaid; or (ii) the spouse of a son, daughter, stepson, stepdaughter, brother or sister referred to in subparagraph (i), may be admitted as an associate member of the club.". 7. Amendment of s. 120. Requirements in respect of club rules. Section 120 of the Principal Act is amended by in subsection (1) in paragraph (j)- (a) omitting at the end of that paragraph the expression " ; " and substituting the expression " : "; and (b) inserting at the end of that paragraph the following subparagraph:- Provided that where- (a) a guest has on the invitation of a member been in the company of the member at a club; and (b) the member has subsequently left the club for a special and compelling reason, the guest may be or continue to be supplied with liquor in the club premises on the day in question; ". 8. Repeal of and new s. 125DC. Airport in respect of which license may be granted . The Principal Act is amended by repealing section 125Dc and substituting the following section:- " 125DC. Airport in respect of which license may be granted. (1) An airport license may be granted in respect of premises in the State, which are situated at an airport that- (a) is used by commercial aircraft engaged in the carriage of passengers for reward; and (b) is not an airport within the definition of that term contained in the Airports (Business Concessions) Act1959-1973 of the Commonwealth, if, in the opinion of the Licensing Court, the granting of a license is necessary or desirable for the refreshment, entertainment and convenience of aircraft passengers and the persons utilizing the airport. (2) An airport license may be granted to a person nominated by the Local Authority or other Statutory Authority by whom an airport is maintained, managed or controlled, on the application of that person.".

384 Liquor Act Arnenclment Act 1982, No. 25 9. New ss. 164H and 1641. The Principal Act is amended by inserting after section 164G the following heading and sections:- `"QUEENSLAND CULTURAL CENTRE 164H. Meaning of terms . In section 1641 unless a contrary intention appears- " Queensland Cultural Centre " or " Centre " means the land reserved and set apart for the purpose of constituting a cultural centre at Brisbane together with the buildings and other improvements thereon situated at Stanley Street South Brisbane in the State: " Queensland Cultural Centre Trust " or " Trust " means the Queensland Cultural Centre Trust established and incorporated pursuant to the QueenslandCulturalCentreTrustAct1976-1981. 1641. Cultural centre licenses . (1) Notwithstanding anything contained in this Act, the Governor in Council may, by Order in Council, authorize the granting to the Trust of a cultural centre license or cultural centre licenses in respect of the premises or part of or parts of the premises of the Centre. (2) Before authorizing the granting of a cultural centre license, the Governor in Council may seek the advice of the Licensing Commission. (3) An application for a cultural centre license may be made by the Trust, whether the Trust is the holder of any existing license under this Act or not and shall be in such form and shall contain or be accompanied by such information and particulars as the Executive Officer requires. (4) The Trust shall in any application nominate a fit and proper person who is not disqualified under this Act from holding a license, to represent it directly in the conduct of the licensed premises. (5) A cultural centre license or cultural centre licenses may be granted to the Trust in the name of a person or persons on behalf of the Trust who is nominated by the Trust for that purpose. (6) A cultural centre license shall authorize the licensee to sell and dispose of liquor for consumption on the premises or part or parts of the premises specified in the license on the days and between the hours (if any) that are specified in the license. (7) The Governor in Council may specify such conditions, restrictions and provisions to apply in respect of any license authorized pursuant to this section as he sees fit, and, without limiting the generality of the foregoing, may- (a) authorize the sale and disposal to and the consumption of liquor by any person on the licensed premises or the part or parts of the premises specified in the license at any time; (b) restrict the sale and disposal to and the consumption of liquor by different persons or classes of persons; and

Liquor Act Anrend,nent Act 1982, No. 25 385 (c) specify different periods for the sale and disposal to and the consumption of liquor by different persons or classes of persons. (8) The Governor in Council may by Order in Council from time to time vary, add to or revoke the conditions, restrictions or provisions specified pursuant to subsection (7). (9) Where the granting of a cultural centre license or cultural centre licenses in respect of the premises or part or parts of the premises of the Centre is authorized by the Governor in Council, the Licensing Court shall grant the license or licenses under and subject to this Act and to the conditions, restrictions and provisions (if any) to which the granting of the license or licenses is for the time being subject. (10) Nothing in this section shall- (a) apply to any part of the premises of the Trust that is leased to or operated by a person by agreement with the Trust and for which a license is held pursuant to the provisions of this Act; or (b) prevent the granting of a license of any other description by the Licensing Court in respect of the sale, disposal or consumption of liquor at the Centre or any part thereof. (11) Application of certain provisions . Without prejudice to any other provision of this Act, the provisions respectively of sections 18 (excepting subsection (2) of that section), 19, 21, 34, 47A (excepting paragraphs (i) and (1) of subsection (2) of that section), 47n, 50, 51, 51A, 51c, 52, 56, 58, 59, 60, 61A, 61B, 61c, 61D, 64, 65, 66, 67, 67A, 67D, 69A, 71, 78, 79, 80, 81, 86, 87 and 95 to 99 both inclusive, 100 to 104 both inclusive, 106 and 107 of this Act (in so far as the provisions apply and extend to a licensed victualler's license, licensed victualler's premises and the holder of a licensed victualler's license shall, with all necessary adaptations thereof, apply and extend to and in respect of every cultural centre license, according to the tenor thereof, as if the cultural centre license were a licensed victualler's license.".