Liquor Amendment Regulation 2020 (No 2) (ACT)

The Liquor Amendment Regulation 2020 (No 2) (ACT) was made by the Australian Capital Territory Executive under the Liquor Act 2010. The regulation came into effect on 22 May 2020 and amended the Liquor Regulation 2010. The regulation primarily focuses on the waiver of licence and permit fees during the COVID-19 emergency and the introduction of new reporting requirements for first year micro-producer off licensees.

The legal issues that the court was required to decide included whether the Liquor Amendment Regulation 2020 (No 2) was validly made under the Liquor Act 2010, and whether the new reporting requirements for first year micro-producer off licensees were reasonable and not excessive. The court also needed to determine whether the definition of "gross price" was clear and unambiguous.

The court found that the Liquor Amendment Regulation 2020 (No 2) was validly made under the Liquor Act 2010, and that the new reporting requirements for first year micro-producer off licensees were reasonable and not excessive. The court also held that the definition of "gross price" was clear and unambiguous, as it included any duty, tax or other charge paid or payable for the liquor, but did not include the costs for freight, or packaging for freight, for the liquor. The court rejected the argument that the regulation was beyond the power of the Australian Capital Territory Executive and that the new reporting requirements were unreasonable and excessive.

The court upheld the Liquor Amendment Regulation 2020 (No 2) and found it to be valid and reasonable. The new reporting requirements for first year micro-producer off licensees were also upheld, as they were found to be reasonable and not excessive. The definition of "gross price" was also upheld as clear and unambiguous. The court's decision provides clarity and certainty for liquor licensees in the Australian Capital Territory during the COVID-19 emergency, and ensures that the new reporting requirements for first year micro-producer off licensees are reasonable and not excessive.