Liquor Amendment Regulation 2011 (No 2) (ACT)

Liquor Amendment Regulation 2011 (No 2)

Subordinate Law SL2011-29

The Australian Capital Territory Executive makes the following regulation under the Liquor Act 2010.

Dated 9 November 2011.

Simon Corbell

Minister

Andrew Barr

Minister

Liquor Amendment Regulation 2011 (No 2)

Subordinate Law SL2011-29

made under the

Liquor Act 2010

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            Section 32  1

5            Section 33 (2) and (3)  3

6            Schedule 1, section 1.19  4

7           Schedule 1, section 1.20 (1)  5

8            Schedule 2  6

9            Dictionary, new definitions  12

1. Name of regulation

   This regulation is the Liquor Amendment Regulation 2011 (No 2).

2. Commencement

   This regulation commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Liquor Regulation 2010.

4. Section 32

   substitute

5. Licensed times and permitted times—definitions—Act, s 229 (2) (a)

   In this regulation:

   1am licensed times, for a licence, means the licensed times in schedule 2, part 2.1, column 4 for the class of licence and case (if any) mentioned in column 2.

   1am permitted times, for a permit, means the permitted times in schedule 2, part 2.2, column 4 for the class of permit mentioned in column 2.

   2am licensed times, for a licence, means the licensed times in schedule 2, part 2.1, column 5 for the class of licence and case (if any) mentioned in column 2.

   2am permitted times, for a permit, means the permitted times in schedule 2, part 2.2, column 5 for the class of permit mentioned in column 2.

   3am licensed times, for a licence, means the licensed times in schedule 2, part 2.1, column 6 for the class of licence and case (if any) mentioned in column 2.

   3am permitted times, for a permit, means the permitted times in schedule 2, part 2.2, column 6 for the class of permit mentioned in column 2.

   4am licensed times, for a licence, means the licensed times in schedule 2, part 2.1, column 7 for the class of licence and case (if any) mentioned in column 2.

   4am permitted times, for a permit, means the permitted times in schedule 2, part 2.2, column 7 for the class of permit mentioned in column 2.

   5am licensed times, for a licence, means the licensed times in schedule 2, part 2.1, column 8 for the class of licence and case (if any) mentioned in column 2.

   5am permitted times, for a permit, means the permitted times in schedule 2, part 2.2, column 8 for the class of permit mentioned in column 2.

   standard licensed times, for a licence, means the licensed times in schedule 2, part 2.1, column 3 for the class of licence and case (if any) mentioned in column 2.

   standard permitted times, for a permit, means the permitted times in schedule 2, part 2.2, column 3 for the class of permit mentioned in column 2.

6. Section 33 (2) and (3)

   substitute

   (2)The commissioner must decide 1 of the following kinds of licensed times for the licence:

   (a)standard licensed times;

   (b)1am licensed times;

   (c)2am licensed times;

   (d)3am licensed times;

   (e)4am licensed times;

   (f)5am licensed times.

   (3)The commissioner must decide 1 of the following kinds of permitted times for the permit:

   (a)standard permitted times;

   (b)1am permitted times;

   (c)2am permitted times;

   (d)3am permitted times;

   (e)4am permitted times;

   (f)5am permitted times.

7. Schedule 1, section 1.19

   substitute

1.19Purchase report to commissioner—off licensees

(1)This section applies to an off licensee.

(2)The licensee must, not later than 1 month after the relevant date, give the commissioner the following information, in writing, about liquor purchased by the licensee during the reporting period to be sold at the licensed premises:

(a)the name and address of the supplier from whom the licensee purchased the liquor;

(b)the gross price paid or payable by the licensee for the liquor.

NoteIf a form is approved under the Act, s 228, for this provision, the form must be used.

(3)In this section:

gross price, for liquor—

(a)includes any duty, tax or other charge paid or payable for the liquor; but

(b)does not include the costs for freight, or packaging for freight, for the liquor.

relevant date means the day 2 months before the earlier of the following:

(a)the day the next annual fee is due for the licence;

(b)the day the licence is to expire.

reporting period means—

(a)for a licence held for a financial year—the financial year ending immediately before the relevant date; and

(b)for a licence held for less than a financial year—the period from the issue of the licence until the relevant date.

1. Schedule 1, section 1.20 (1)

   before

   chief health officer

   insert

   commissioner and the

1. Schedule 2

   substitute

Schedule 2Licensed times and permitted times

Part 2.1Licensed times

(see s 32)

column 1 item	column 2 licence class and case (if any)	column 3 standard licensed times	column 4 1am licensed times	column 5 2am licensed times	column 6 3am licensed times	column 7 4am licensed times	column 8 5am licensed times
1	general licence ·    sale of liquor to be consumed at the premises	7am – midnight 7am – 1am the following day on: ·    25 April ·    24 December ·    31 December	7am – 1am the following day	7am – 2am the following day	7am – 3am the following day	7am – 4am the following day	7am – 5am the following day
·    sale of liquor to be consumed off the premises	7am – 11pm
2	on licence	7am – midnight 7am – 1am the following day on: ·    25 April ·    24 December ·    31 December	7am – 1am the following day	7am – 2am the following day	7am – 3am the following day	7am – 4am the following day	7am – 5am the following day
3	off licence	7am – 11pm
4	club licence	7am – midnight 7am – 1am the following day on: ·    25 April ·    24 December ·    31 December	7am – 1am the following day	7am – 2am the following day	7am – 3am the following day	7am – 4am the following day	7am – 5am the following day
5	special licence ·    sale of liquor to be consumed at the premises	7am – midnight 7am – 1am the following day on: ·    25 April ·    24 December ·    31 December	7am – 1am the following day	7am – 2am the following day	7am – 3am the following day	7am – 4am the following day	7am – 5am the following day
·    sale of liquor to be consumed off the premises	7am – 11pm

Part 2.2Permitted times

(see s 32)

column 1 item	column 2 permit class	column 3 standard permitted times	column 4 1am permitted times	column 5 2am permitted times	column 6 3am permitted times	column 7 4am permitted times	column 8 5am permitted times
1	commercial permit	7am – midnight	7am – 1am the following day	7am – 2am the following day	7am – 3am the following day	7am – 4am the following day	7am – 5am the following day
2	non-commercial permit	7am – midnight	7am – 1am the following day	7am – 2am the following day	7am – 3am the following day	7am – 4am the following day	7am – 5am the following day

1. Dictionary, new definitions

   insert

   1am licensed times—see section 32.

   1am permitted times—see section 32.

   2am licensed times—see section 32.

   2am permitted times—see section 32.

   3am licensed times—see section 32.

   3am permitted times—see section 32.

   4am licensed times—see section 32.

   4am permitted times—see section 32.

   5am licensed times—see section 32.

   5am permitted times—see section 32.

   standard licensed times—see section 32.

   standard permitted times—see section 32.

Endnotes

1. Notification

   Notified under the Legislation Act on 11 November 2011.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2011