Liquor Amendment Regulation 2020 (No 2) (ACT)

Liquor Amendment Regulation 2020 (No 2)

Subordinate Law SL2020-19

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

Dated 21 May 2020.

Andrew Barr

Minister

Gordon Ramsay

Minister

Liquor Amendment Regulation 2020 (No 2)

Subordinate Law SL2020-19

made under the

Liquor Act 2010

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            Section 35 heading  1

5            Section 35 (1) (a)  1

6            Section 35 (1) (b)  1

7           New section 35 (6) and (7)  2

8            Schedule 1, section 1.19 (3)  2

9            Schedule 1, new section 1.19A  2

10          Dictionary, new definition of gross price  3

1. Name of regulation

   This regulation is the Liquor Amendment Regulation 2020 (No 2).

2. Commencement

   This regulation commences on 22 May 2020.

   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 35 heading

   substitute

5. Waiver of licence and permit fees—COVID‑19 emergency response—Act, s 229 (2) (d)

6. Section 35 (1) (a)

   substitute

   (a)the fee is payable during—

   (i)a COVID‑19 emergency; or

   (ii)the 12 months following a COVID‑19 emergency; and

7. Section 35 (1) (b)

   omit

   emergency declaration

   substitute

   COVID-19 emergency

8. New section 35 (6) and (7)

   after the note, insert

   (6)In this section:

   COVID‑19 emergency means—

   (a)a state of emergency declared under the Emergencies Act 2004, section 156 because of the coronavirus disease 2019 (COVID‑19); or

   (b)an emergency declared under the Public Health Act 1997, section 119 (including any extension or further extension) because of the coronavirus disease 2019 (COVID‑19).

   (7)This section expires at the end of a 12‑month period during which no COVID‑19 emergency has been in force.

9. Schedule 1, section 1.19 (3)

   omit

10. Schedule 1, new section 1.19A

    insert

1.19ASales report to commissioner—first year micro-producer off licensees

(1)A first year micro-producer off licensee must, at the end of the reporting period for the licence, tell the commissioner in writing the gross price paid or payable for sales, during the reporting period, of liquor produced on its licensed premises.

Note 1If a form is approved under the Act, s 228, for this provision, the form must be used.

Note 2First year micro-producer off licensee has a meaning corresponding to the meaning of first year micro-producer off licence (see Legislation Act, s 157).

(2)In this section:

first year micro-producer off licence means an off licence issued to a person who—

(a)has not previously held an off licence; and

(b)conducts a business on the licensed premises in which the only liquor sold is liquor produced on the premises; and

(c)has given the commissioner a statement, in writing, that the estimated gross price paid or payable for sales of liquor to be produced by the business for the reporting period does not exceed $100 000.

reporting period, for a first year micro-producer off licence, means the period of 12 months beginning on the day the licence is issued.

1. Dictionary, new definition of gross price

   insert

   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.

Endnotes

1. Notification

   Notified under the Legislation Act on 21 May 2020.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2020