AUSTRALIAN CAPITAL TERRITORY
Liquor (Amendment) Act 1993
No. 28 of 1993
An Act to amend the Liquor Act 1975
[Notified in ACT Gazette S83: 21 May 1993]
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Short title
1. This Act may be cited as the Liquor (Amendment) Act 1993.
Commencement
2. (1) Sections 1, 2 and 3 commence on the day on which this Act is notified in the Gazette.
(2) The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.
(3) If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
Principal Act
3. In this Act, “Principal Act” means the Liquor Act 1975.1
Interpretation
4. Section 4 of the Principal Act is amended by inserting in subsection (1) the following definitions:
“ ‘Building Code’ has the same meaning as in the Building Act 1972;
‘Fire Commissioner’ means the Fire Commissioner appointed under the Fire Brigade (Administration) Act 1974;
‘occupancy loading’, in relation to a public area within premises, is the maximum number of persons that area can accommodate without involving a contravention of Part D1.6 or Part D1.13 of the Building Code;
‘public area’, in relation to premises, is any area within those premises that is determined under section 24A to be a public area;”.
Powers of entry
5. Section 17 of the Principal Act is amended—
(a)by omitting from paragraph (4) (b) “and”; and
(b)by adding at the end of subsection (4) the following paragraphs:
“; (d)take reasonable measures to count the persons in a public area within the premises;
(e)if the inspector believes on reasonable grounds that the number of persons in a public area within the premises exceeds the occupancy loading for that public area—direct the licensee to require persons to leave that public area; and
(f)if—
(i)the licensee fails to comply with a direction under paragraph (e); or
(ii)persons remain in the public area of the premises after being required by the licensee to leave that area;
with such force and assistance as is necessary and reasonable, remove persons from that public area”.
Insertion
6. After section 24 of the Principal Act the following sections are inserted in Part III:
Public areas
“24A. (1) The relevant decision maker shall, by notice in writing, determine in respect of premises—
(a)in respect of which a General, Club, On or Special licence is in force; or
(b)in respect of which an application for a General, Club, On or Special licence has been made;
which parts of those premises are public areas for the purposes of this Act.
“(2) Where the relevant decision maker has made a determination under subsection (1), the Registrar shall, in writing, notify…