Liquor and Accommodation Amendment Act 2004 (TAS)

Liquor and Accommodation Amendment Act 2004

An Act to amend the Liquor and Accommodation Act 1990 and to make consequential amendments to other Acts

[Royal Assent 14 July 2004]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Liquor and Accommodation Amendment Act 2004 . 2CommencementThis Act commences on 1 January 2005. PART 2Liquor and Accommodation Act 1990 Amended3Principal ActIn this Part, the Liquor and Accommodation Act 1990 is referred to as the Principal Act. 4Long title amended The long title of the Principal Act is amended by omitting "and to provide for the licensing of certain accommodation". 5Section 1 amended (Short title) Section 1 of the Principal Act is amended by omitting "and Accommodation" and substituting "Licensing". 6Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting the definitions of abstract , accommodation licence , accommodation permit , accommodation scheme , accommodation standards and approved accommodation scheme ; (b) by omitting the definition of licence ; (c) by omitting "licence" from the definition of licensee and substituting "liquor licence"; (d) by omitting the definition of liquor licence and substituting the following definition: liquor licence means a valid licence granted under this Act that authorizes the sale of liquor; (e) by omitting the definition of tourist accommodation . 7Section 22 amended (Qualifications for liquor licence) Section 22(3) of the Principal Act is amended by omitting "licence" first occurring and substituting "liquor licence". 8Section 23 amended (Application for liquor licence) Section 23(4)(c) of the Principal Act is amended by omitting "licence" and substituting "liquor licence". 9Section 24 amended (Consideration of application for liquor licence) Section 24(4) of the Principal Act is amended by omitting "licence" and substituting "liquor licence". 10Section 24A amended (Requirements for licence) Section 24A(1) of the Principal Act is amended by omitting "licence" and substituting "liquor licence". 11Section 30A amended (Interim authority to act as licensee) Section 30A(1)(a) of the Principal Act is amended by omitting "licence" and substituting "liquor licence". 12Section 35 amended (Duration of liquor permit) Section 35(2) of the Principal Act is amended as follows: (a) by omitting from paragraph (a) "licence" and substituting "liquor licence"; (b) by omitting from paragraph (b) "licence" and substituting "liquor licence". 13Section 39 amended (Liquor restriction orders) Section 39 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "licence" first occurring and substituting "liquor licence"; (b) by omitting from subsection (3) "licence" first occurring and substituting "liquor licence". 14Section 41 amended (Powers of Commissioner to suspend licence) Section 41 of the Principal Act is amended as follows: (a) by omitting from subsection (2) "licence" first occurring and substituting "liquor licence"; (b) by omitting from subsection (2A) "licence" and substituting "liquor licence"; (c) by omitting from subsection (7) "licence" and substituting "liquor licence". 15Section 42 amended (Cancellation and suspension of licence) Section 42(1) of the Principal Act is amended by omitting "licence" first occurring and substituting "liquor licence". 16Section 52 amended (Licence to be kept on licensed premises) Section 52 of the Principal Act is amended by omitting "licence" and substituting "liquor licence". 17Section 53 amended (Licence to be produced on demand) Section 53 of the Principal Act is amended by omitting "licence" and substituting "liquor licence". 18Section 59 substituted Section 59 of the Principal Act is repealed and the following section is substituted: 59Licensee to indicate availability of tourist accommodation (1)  In this section – tourist accommodation means overnight lodging facilities that are provided for tourists or travellers for a consideration. (2)  If tourist accommodation is available at the licensed premises the licensee shall indicate to the public the availability of that accommodation. 19Section 65 amended (Licensee to restrict people on certain licensed premises outside authorized hours) Section 65(1) of the Principal Act is amended as follows: (a) by omitting from paragraph (a) "licence" and substituting "liquor licence"; (b) by omitting from paragraph (b) "licence" and substituting "liquor licence". 20Part 3 repealed Part 3 of the Principal Act is repealed. 21Section 211 amended (Right to appeal to Board) Section 211 of the Principal Act is amended as follows: (a) by omitting from paragraph (b) "licence" and substituting "liquor licence"; (b) by omitting from paragraph (e) "licence" and substituting "liquor licence"; (c) by omitting from paragraph (g) "licence;" and substituting "liquor licence."; (d) by omitting paragraph (h) . 22Section 214 amended (Decision of Board after hearing) Section 214(1) of the Principal Act is amended as follows: (a) by omitting from paragraph (a) "licence" first occurring and substituting "liquor licence"; (b) by omitting from paragraph (b) "licence" first occurring and substituting "liquor licence". 23Section 218 amended (Evidentiary provisions) Section 218(1) of the Principal Act is amended as follows: (a) by omitting from paragraph (b) "licence" and substituting "liquor licence"; (b) by omitting from paragraph (c) "licence" and substituting "liquor licence". 24Section 219 amended (Service of documents) Section 219 of the Principal Act is amended as follows: (a) by omitting from paragraph (b)(ii) "licence" and substituting "liquor licence"; (b) by omitting from paragraph (c)(ii) "licence" and substituting "liquor licence". 25Section 224A insertedAfter section 224 of the Principal Act , the following section is inserted in Part 6: 224AFurther transitional provisions (1)  In this section – accommodation licence means a licence issued under the Act before the commencement of the Liquor and Accommodation Amendment Act 2004 that authorized the provision of overnight lodging facilities for tourists or travellers for a consideration. (2)  An accommodation licence, whether or not the licence has been combined under section 220 with another licence, or a permit or approval, ceases to have effect on the commencement of the Liquor and Accommodation Amendment Act 2004 . (3)  Nothing in subsection (2) affects the validity of a licence, permit or approval that has been combined with an accommodation licence. (4)  In any Act or other document, a reference to the Liquor and Accommodation Act 1990 is taken to be a reference to the Liquor Licensing Act 1990 , where appropriate. (5)  In any Act or other document, a reference to a provision of the Liquor and Accommodation Act 1990 is taken to be a reference to that provision in the Liquor Licensing Act 1990 , where appropriate. PART 3Civil Liability Act 2002 Amended26Principal ActIn this Part, the Civil Liability Act 2002 is referred to as the Principal Act. 27Part 10A insertedAfter section 49 of the Principal Act , the following Part is inserted: PART 10AAccommodation provider 49ALiability of accommodation provider for lost, destroyed or damaged property (1)  In this section, unless the contrary intention appears – accommodation provider means a person who provides tourist accommodation premises; employee means a person employed at tourist accommodation premises; guest means a person – (a) who is temporarily absent from his or her usual residence; and (b) who has engaged sleeping accommodation, or on whose behalf sleeping accommodation has been engaged, at tourist accommodation premises; premises includes – (a) land, whether or not covered by buildings; and (b) any structure, whether or not attached to land; and (c) a means of transport; and (d) a part of premises; tourist accommodation premises means premises that are set up for the purpose of providing overnight lodging facilities for tourists or travellers for a consideration. (2)  An accommodation provider is not liable to make compensation in relation to the loss, destruction or damage of or to property brought to tourist accommodation premises by or on behalf of a guest except as provided in subsection (3) . (3)  An accommodation provider is liable to make compensation in relation to the loss, destruction or damage of or to property brought to tourist accommodation premises by or on behalf of a guest if – (a) the loss, destruction or damage is attributable to some negligence or deliberate or reckless act or default of the accommodation provider or an employee of the accommodation provider; or (b) the property – (i) has been deposited expressly for safe custody with the accommodation provider or an employee of the accommodation provider authorised to accept guest’s property for safe custody; and (ii) if the accommodation provider or that employee requires it, has been placed in a container and fastened or sealed by the person depositing the property for safe custody; and (iii) has been lost, destroyed or damaged while so deposited; or (c) a notice that relates to the liability of an accommodation provider to pay compensation under this section is not conspicuously displayed in, at or near the reception office, reception desk or principal entrance of the tourist accommodation premises. PART 4Conveyancing and Law of Property Act 1884 Amended28Principal ActIn this Part, the Conveyancing and Law of Property Act 1884 is referred to as the Principal Act. 29Section 15 amended (Restrictions on and relief against forfeiture of leases) Section 15(6) of the Principal Act is amended by omitting " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 ". PART 5Crowd Controllers Act 1999 Amended30Principal ActIn this Part, the Crowd Controllers Act 1999 is referred to as the Principal Act. 31Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended by omitting " Liquor and Accommodation Act 1990 " from the definition of licensed premises and substituting " Liquor Licensing Act 1990 ". 32Section 13 amended (Registers to be kept by employers of crowd controllers) Section 13(7) of the Principal Act is amended by omitting " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 ". PART 6Fire Service Act 1979 Amended33Principal ActIn this Part, the Fire Service Act 1979 is referred to as the Principal Act. 34Section 29 amended (Powers and functions of brigade chiefs) Section 29(10)(e) of the Principal Act is amended as follows: (a) by omitting from subparagraph (i) " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 "; (b) by inserting the following subparagraph after subparagraph (i) : (ia) premises set up for the purpose of providing overnight lodging facilities for tourists or travellers for a consideration; or 35Section 50 amended (Protection of public premises) Section 50 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(c) " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 "; (b) by omitting from subsection (2)(a)(iii) " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 ". PART 7Gaming Control Act 1993 Amended36Principal ActIn this Part, the Gaming Control Act 1993 is referred to as the Principal Act. 37Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by omitting " Liquor and Accommodation Act 1990 " from the definition of licensed premises and substituting " Liquor Licensing Act 1990 "; (b) by omitting " Liquor and Accommodation Act 1990 " from the definition of liquor and substituting " Liquor Licensing Act 1990 "; (c) by omitting " Liquor and Accommodation Act 1990 " from the definition of non-licensed premises and substituting " Liquor Licensing Act 1990 ". 38Section 4 amended (Meaning of "associate") Section 4(3) of the Principal Act is amended by omitting " Liquor and Accommodation Act 1990 " from paragraph (b) of the definition of relevant position and substituting " Liquor Licensing Act 1990 ". 39Section 19 amended (Licensing under the Liquor and Accommodation Act 1990) Section 19 of the Principal Act is amended by omitting " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 ". 40Section 45 amended (Notification of certain applications concerning liquor licence) Section 45 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(a) " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 "; (b) by omitting from subsection (1)(b) " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 "; (c) by omitting from subsection (2) " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 ". 41Section 101A amended (Interpretation of Division) Section 101A of the Principal Act is amended by omitting " Liquor and Accommodation Act 1990 " from paragraph (a) of the definition of club and substituting " Liquor Licensing Act 1990 ". 42Section 153AA amended (Gaming machine rental) Section 153AA(1) of the Principal Act is amended by omitting " Liquor and Accommodation Act 1990 " from paragraph (a) of the definition of club and substituting " Liquor Licensing Act 1990 ". PART 8Ombudsman Act 1978 Amended43Principal ActIn this Part, the Ombudsman Act 1978 is referred to as the Principal Act. 44Schedule 1 amended (Government Departments and Other Authorities to which this Act applies) Clause 34 of Schedule 1 to the Principal Act is amended by omitting " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 ". PART 9Police Offences Act 1935 Amended45Principal ActIn this Part, the Police Offences Act 1935 is referred to as the Principal Act. 46Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended by omitting

any premises specified in a liquor licence or liquor permit granted under the Liquor and Accommodation Act 1990 , that are open for the sale of liquor;

any premises specified in a liquor licence or liquor permit granted under the Liquor Licensing Act 1990 , that are open for the sale of liquor;

47Section 25 amended (Consumption of liquor in streets, &c.) Section 25(4) of the Principal Act is amended as follows: (a) by omitting from paragraph (a) " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 "; (b) by omitting from paragraph (c) " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 ". 48Section 67A amended (Evidentiary provision) Section 67A(b) of the Principal Act is amended by omitting " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 ". PART 10Public Health Act 1997 Amended49Principal ActIn this Part, the Public Health Act 1997 is referred to as the Principal Act. 50Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting " Liquor and Accommodation Act 1990 " from the definition of bar area and substituting " Liquor Licensing Act 1990 "; (b) by omitting " Liquor and Accommodation Act 1990 " from paragraph (a) of the definition of gaming area and substituting " Liquor Licensing Act 1990 "; (c) by omitting " Liquor and Accommodation Act 1990 " from the definition of licensed premises and substituting " Liquor Licensing Act 1990 ". 51Section 67F amended (Amenity of smoke-free areas) Section 67F of the Principal Act is amended by omitting " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 ". 52Section 84 amended (Overcrowding) Section 84(2) of the Principal Act is amended by omitting " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 ". PART 11Racing Regulation Act 1952 Amended53Principal ActIn this Part, the Racing Regulation Act 1952 is referred to as the Principal Act. 54Section 57ZP amended (Persons under 18 years in totalizators) Section 57ZP(b)(i) of the Principal Act is amended by omitting " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 ". PART 12Referendum Procedures Act 1994 Amended55Principal ActIn this Part, the Referendum Procedures Act 1994 is referred to as the Principal Act. 56Section 13 amended (Use of certain premises as polling-booth prohibited) Section 13 of the Principal Act is amended by omitting " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 ". PART 13Shop Trading Hours Act 1984 Amended57Principal ActIn this Part, the Shop Trading Hours Act 1984 is referred to as the Principal Act. 58Section 3A amended (Non-application of Act) Section 3A(3)(b) of the Principal Act is amended by omitting " Liquor and Accommodation Act 1990 " and substituting " Liquor Licensing Act 1990 ".

[Second reading presentation speech made in:

House of Assembly on 17 JUNE 2004

Legislative Council on 23 JUNE 2004]