Liquor and Other Acts Amendment Act 2008 (Qld)

Queensland Liquor and Other Acts Amendment Act 2008 Act No. 48 of 2008

Queensland Liquor and Other Acts Amendment Act 2008 Contents Part 1 1 2 Part 2 Division 1 3 Division 2 4 5 6 7 8 9 10 11 12 13 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of Liquor Act 1992 Preliminary Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendments not relating to approved managers Replacement of s 3 (Objects of Act). . . . . . . . . . . . . . . . . . . . . . . 12 3 Act’s objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s 3A (Principle underlying this Act for facilitating and regulating the liquor industry) . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 4B (Meaning of liquor). . . . . . . . . . . . . . . . . . . . 15 Amendment of s 5 (Who is a responsible adult for a minor). . . . . 16 Amendment of s 9 (Ordinary trading hours) . . . . . . . . . . . . . . . . . 16 Amendment of s 12 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 21 (Jurisdiction and powers of tribunal). . . . . . . 17 Insertion of new s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 42A Chief executive may issue guidelines. . . . . . . . . . . . . 18 Replacement of pt 4 (Licences and permits) . . . . . . . . . . . . . . . . 18 Part 3A Risk-assessed management plans 50 Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 19 51 Approval of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 52 Changing plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 53 Recording change of plan . . . . . . . . . . . . . . . . . . . . . 20 54 Conditions about approved plan. . . . . . . . . . . . . . . . . 21

Liquor and Other Acts Amendment Act 2008 Contents Page 2 Part 4 Licences Division 1 Licences under this Act 58 Available licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Commercial hotel licence 59 Principal activity of a business conducted under a commercial hotel licence . . . . . . . . . . . . . . . . . . . . . . 60 Authority of commercial hotel licence . . . . . . . . . . . . . 61 Restrictions on grant of commercial hotel licence . . . 62 Consumption of liquor on premises by residents and guests ........................... Division 3 Commercial special facility licence 63 Principal activity of a business under a commercial special facility licence . . . . . . . . . . . . . . . . . . . . . . . . . 64 Authority of commercial special facility licence. . . . . . 65 Restriction on grant of commercial special facility licence .............................. Division 4 Commercial other licence Subdivision 1 General 66 Types of commercial other licence . . . . . . . . . . . . . . . Subdivision 2 Subsidiary on-premises licence 67 Principal activity of a business under a subsidiary on-premises licence . . . . . . . . . . . . . . . . . . . . . . . . . . 67AA Principal activity is the provision of entertainment . . . 67A Principal activity is the provision of meals . . . . . . . . . 67B Principal activity is the provision of accommodation . 67C Authority of subsidiary on-premises licence . . . . . . . . 67D Restriction on grant of subsidiary on-premises licence .............................. 67E Restriction on sale of liquor for consumption off premises ............................. Subdivision 3 Subsidiary off-premises licence 68 Principal activity of a business under a subsidiary off-premises licence . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Authority of subsidiary off-premises licence . . . . . . . . 69A Restriction on grant of subsidiary off-premises licence .............................. Subdivision 4 Bar licence 70 Principal activity of a business under a bar licence . . 70A Authority of bar licence . . . . . . . . . . . . . . . . . . . . . . . . 22 22 23 24 25 25 26 26 27 27 27 28 28 29 30 30 31 31 31 32 32 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Contents Subdivision 5 Industrial canteen licence 71 Definition for sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 71A Principal activity of a business under an industrial canteen licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71B Authority of industrial canteen licence . . . . . . . . . . . . 71C Restriction on grant of industrial canteen licence. . . . Subdivision 6 Producer/wholesaler licence 72 Principal activity of a business under a producer/wholesaler licence. . . . . . . . . . . . . . . . . . . . 73 Authority of producer/wholesaler licence . . . . . . . . . . 74 Restriction on grant of producer/wholesaler licence. . 75 Restriction on sale of liquor under producer/wholesaler licence. . . . . . . . . . . . . . . . . . . . Division 5 Community club licence 76 Principal activity of business under community club licence .............................. 77 Authority of community club licence . . . . . . . . . . . . . . 78 Restrictions on grant of community club licence . . . . 79 Requirements of club and secretary. . . . . . . . . . . . . . Division 6 Community other licence 80 Principal activity of business under community other licence .............................. 81 Authority of community other licence . . . . . . . . . . . . . 82 Restriction on grant of community other licence and other related matters . . . . . . . . . . . . . . . . . . . . . . . . . 83 Requirements of club and secretary. . . . . . . . . . . . . . Division 7 Extended trading hours approval 84 Authority of extended trading hours approval . . . . . . . 85 Application for approval . . . . . . . . . . . . . . . . . . . . . . . 86 Hours to which application may relate etc. . . . . . . . . . 87 Restriction on grant of extended trading hours approval ............................. Part 4A Permits Division 1 Permits under this Act 100 Available permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Commercial public event permits 101 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 32 33 33 33 34 34 34 36 36 39 40 42 42 43 43 45 45 45 46 46 47 2008 Act No. 48 Page 3

Liquor and Other Acts Amendment Act 2008 Contents Page 4 101A Commercial public event permit issued jointly to 2 or more licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Licensee to obtain a commercial public event permit for selling or supplying liquor at public events . 103 Restriction on grant of commercial public event permit ............................... 103A Area defined in commercial public event permit forms part of licensed premises . . . . . . . . . . . . . . . . . 103B Authority of commercial public event permit . . . . . . . . Division 3 Community liquor permit 103C Authority of community liquor permit . . . . . . . . . . . . . 103D Restriction on grant of community liquor permit . . . . . 103E Identification of premises . . . . . . . . . . . . . . . . . . . . . . 103F Restriction on consumption or possession of liquor . . Division 4 Extended hours permit 103G Authority of extended hours permit . . . . . . . . . . . . . . 103H Restriction on grant of extended hours permit . . . . . . 103I Hours to which application may relate etc. . . . . . . . . . 103J Restriction on number of extended trading hours permits for particular premises . . . . . . . . . . . . . . . . . . Division 5 Restricted liquor permit 103JA Authority of restricted liquor permit. . . . . . . . . . . . . . . 103K Restriction on grant of restricted liquor permit and other related matters . . . . . . . . . . . . . . . . . . . . . . . . . 103L Duration of permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . 103M Requirements of club and secretary. . . . . . . . . . . . . . Division 6 Adult entertainment permit 103N Adult entertainment code . . . . . . . . . . . . . . . . . . . . . . 103O Only licensees and permittees eligible for grant of adult entertainment permit . . . . . . . . . . . . . . . . . . . . . 103P Authority of adult entertainment permit . . . . . . . . . . . 103Q Approved area to conform with requirements. . . . . . . 103R Duration of adult entertainment permit. . . . . . . . . . . . 103S Adult entertainment permit dependent on currency of licence or community liquor permit or restricted liquor permit .......................... 103T Restriction on grant of adult entertainment permit . . . Division 7 Restricted area permits 103U Authority of restricted area permit . . . . . . . . . . . . . . . 48 48 49 50 50 50 51 51 52 52 52 53 54 54 55 55 55 57 57 58 58 58 59 59 60 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Contents 103V Restriction on grant of restricted area permit . . . . . . . 60 14 Amendment of s 105 (Requirements for applications) . . . . . . . . . 61 15 Omission of s 109C (Application for grant of extended hours permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 16 Amendment of s 110 (Application for grant of extended hours permit not on regular basis) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 17 Replacement of s 116 (Public interest relevant to applications) . . 62 116 When community impact statement to be given to chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 18 Amendment of s 118A (Submissions on public interest) . . . . . . . 64 19 Replacement of s 121 (Conference of concerned persons and decision by chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 121 Matters the chief executive must have regard to . . . . 64 20 Amendment of s 136 (Grounds for disciplinary action) . . . . . . . . 65 21 Insertion of new s 137E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 137E Disciplinary action against former licensee . . . . . . . . 65 22 Amendment of s 142 (Closure of premises in face of riot or tumult) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 23 Insertion of new pt 5, div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Division 4A Training course certificate requirements 141B Application of div 4A. . . . . . . . . . . . . . . . . . . . . . . . . . 67 141C Conditions about training course certificates for particular persons ................ 67 141D Application of s 136 . . . . . . . . . . . . . . . . . . . . . . . . . . 68 24 Replacement of pt 5, div 6 (Certain provisions about conditions of licences and permits for Brisbane City Council area). . . . . . . . 68 Division 6 Certain provisions about conditions of licences for Brisbane City Council area Subdivision 1 Preliminary 142AD Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 142AE Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 142AF Purpose of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Subdivision 2 Conditions of licences 142AG Conditions about crowd controllers . . . . . . . . . . . . . . 71 142AH Conditions about closed-circuit television equipment. 71 142AI Conditions about incident and training registers . . . . 73 142AJ Conditions about drinking practices . . . . . . . . . . . . . . 74 142AK Compliance with conditions . . . . . . . . . . . . . . . . . . . . 74 2008 Act No. 48 Page 5

Liquor and Other Acts Amendment Act 2008 Contents 25 26 27 28 29 30 31 32 33 34 35 36 37 40 41 42 43 Page 6 Subdivision 3 Application of s 136 to conditions under sdiv 2 142AL Application of s 136 . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 142B (Applying for approval as trainer) . . . . . . . Insertion of new s 152A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152A Change in principal activity of business conducted under a licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 155AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155AB Supervision of volunteers—community club licence, community other licence or restricted liquor permit . . Amendment of ss 155A and 156 . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 156A–156C . . . . . . . . . . . . . . . . . . . . . . . . . . 156A Irresponsible supply of liquor to a minor at a private place etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156B Prohibition on sale of undesirable liquor product . . . . 156C Interim prohibition on sale of undesirable liquor product .............................. Amendment of s 173B (Consumption of liquor in certain public places prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 199 and 200. . . . . . . . . . . . . . . . . . . . . . . . . . 199 Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 Licence period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 202 (Fees payable for licences and permits). . . Replacement of ss 203–207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 Filing of returns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 208 (Payment of fees) . . . . . . . . . . . . . . . . . . . . Omission of ss 209–214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 215 (Refund of fee) . . . . . . . . . . . . . . . . . . . . . . Amendment of s 215A (Refund of fees—general) . . . . . . . . . . . . Insertion of new ss 219 and 220 . . . . . . . . . . . . . . . . . . . . . . . . . 219 Community investment fund . . . . . . . . . . . . . . . . . . . . 220 Disbursement of fees etc.. . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 224 and 225 . . . . . . . . . . . . . . . . . . . . . . . . . 224 Liquor accord . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 Additional time for consumption or removal of liquor . Amendment of s 235 (Regulation-making power) . . . . . . . . . . . . Insertion of pt 12, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 8 Transitional provisions for Liquor and Other Acts Amendment Act 2008 75 75 75 75 75 75 76 76 76 77 78 79 79 79 80 80 80 80 81 82 82 82 82 82 82 83 83 84 84 84 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Contents Division 3 44 45 46 47 48 49 50 51 52 288 Definitions for div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 289 Existing licences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 Existing permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 Extended hours permit that includes trading between 5a.m. and 7a.m. or between 7a.m. and 10a.m. .............................. 292 Existing application for column 1 licence etc. . . . . . . . 293 Nominee for a licence or permit . . . . . . . . . . . . . . . . . 294 Training course certificate requirement . . . . . . . . . . . 295 Risk-assessed management plan conditions . . . . . . . Amendments relating to approved managers Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 21 (Jurisdiction and powers of tribunal). . . . . . . Insertion of new pt 4, div 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 15 Approved managers 104A Responsibility of approved manager etc. . . . . . . . . . . Replacement of ss 107A and 107B . . . . . . . . . . . . . . . . . . . . . . . 107A Additional restriction on grant of licence. . . . . . . . . . . 107B Additional restriction on grant of permit . . . . . . . . . . . Replacement of s 131A (Decision by chief executive on application to continue trading in certain circumstances). . . . . . . 131A Decision by chief executive on application to continue trading in certain circumstances . . . . . . . . . Replacement of s 132 (Discharge of licensee or permittee from obligations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Discharge of licensee or permittee from obligations . Replacement of s 134 (Cancellation, suspension or variation of permits) .................................... 134 Cancellation, suspension or variation of permits . . . . Amendment of s 141 (Order to close premises for unlawful trading) ....................................... Insertion of new pt 5C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 5C Approval as approved manager Division 1 Obtaining approval 142Q Applying for approval . . . . . . . . . . . . . . . . . . . . . . . . . 142R Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 142S Grant of application . . . . . . . . . . . . . . . . . . . . . . . . . . 142T Refusal to grant application . . . . . . . . . . . . . . . . . . . . 85 85 86 87 88 88 89 89 89 90 90 91 91 91 92 92 92 94 94 95 95 97 97 97 98 99 99 2008 Act No. 48 Page 7

Liquor and Other Acts Amendment Act 2008 Contents 53 54 55 Part 3 56 57 58 Part 4 59 Division 2 Renewal 142U Applying for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . 142V Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 142W Renewal of approval . . . . . . . . . . . . . . . . . . . . . . . . . . 142X Refusal to renew approval . . . . . . . . . . . . . . . . . . . . . 142Y Approval continues pending decision about renewal . Division 3 Lapsing of applications 142Z Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Suspension and cancellation of approvals 142ZA Grounds for suspension or cancellation . . . . . . . . . . . 142ZB Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 142ZC Representations about show cause notices . . . . . . . . 142ZD Ending show cause process without further action . . 142ZE Suspension or cancellation . . . . . . . . . . . . . . . . . . . . Replacement of s 149 (Licensee to exercise control over premises) ..................................... 149 Employment on licensed premises. . . . . . . . . . . . . . . Replacement of s 149B (Supervising adult entertainment) . . . . . 149B Supervising adult entertainment. . . . . . . . . . . . . . . . . Insertion of new pt 6, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1A Provisions binding particular licensees and permittees 155AC Application of div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . 155AD Who must be present or reasonably available at licensed premises etc. . . . . . . . . . . . . . . . . . . . . . . . . 155AE Approved managers register . . . . . . . . . . . . . . . . . . . 155AF Exemption from obligation under s 155AD(3). . . . . . . Amendment of Police Powers and Responsibilities Act 2000 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 53 (Prevention of particular offences relating to liquor) ......................................... Insertion of new ss 53A and 53B . . . . . . . . . . . . . . . . . . . . . . . . . 53A Seizure of liquor from a minor in particular circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . 53B Entry powers for vehicles referred to in ss 53 and 53A Amendment of Acts Consequential and other amendments of Acts . . . . . . . . . . . . . . 99 100 100 100 101 101 102 103 103 103 104 105 105 105 105 106 106 106 107 108 109 110 111 111 112 112 Page 8 2008 Act No. 48

Schedule 1 Schedule 2 Liquor and Other Acts Amendment Act 2008 Contents Consequential and other amendments of Acts . . . . . . . . . . . Cairns Casino Agreement Act 1993 . . . . . . . . . . . . . . . . . . . . . . . Charitable and Non-Profit Gaming Act 1999 . . . . . . . . . . . . . . . . Gaming Machine Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Liquor Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tobacco and OtherSmokingProductsAct1998 . . . . . . . . . . . . . Amendments of the LiquorAct1992 relating to approved managers ..................................... 113 113 113 113 115 123 124 2008 Act No. 48 Page 9

Queensland Liquor and Other Acts Amendment Act 2008 Act No. 48 of 2008 An Act to amend the Liquor Act 1992 and the Police Powers andResponsibilities Act 2000 for particular purposes, and to make consequential amendments of other Acts as stated in schedule 1 for purposes related to those particular purposes [Assented to 19 September 2008]

Liquor and Other Acts Amendment Act 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Liquor and Other Acts Amendment Act 2008 . 2 Commencement This Act, other than sections 4, 5, 7, 8, 12, 22, 29 and 41 and part 3, commences on 1 January 2009. Part 2 Amendment of Liquor Act 1992 Division 1 Preliminary 3 Act amended in pt 2 This part amends the Liquor Act 1992. Division 2 Amendments not relating to approved managers 4 Replacement of s 3 (Objects of Act) Section 3— omit, insert— Page 12 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 5] ‘3 Act’s objects ‘This Act’s objects are— (a) to regulate the liquor industry in a way compatible with minimising harm caused by alcohol abuse and misuse; and Examples of harm — • adverse effects on a person’s health • personal injury • property damage • violent or anti-social behaviour (b) to facilitate and regulate the optimum development of the tourist, liquor and hospitality industries of the State having regard to the welfare, needs and interests of the community and the economic implications of change; and (c) to provide for the jurisdiction of the tribunal to hear and decide appeals authorised by this Act; and (d) to provide for a flexible, practical system for regulation of the liquor industry of the State with minimal formality, technicality or intervention consistent with the proper and efficient administration of this Act; and (e) to regulate the sale and supply of liquor in particular areas to minimise harm caused by alcohol abuse and misuse and associated violence; and (f) to regulate the provision of adult entertainment; and (g) to provide revenue for the State to enable the attainment of this Act’s objects and for other purposes of government.’. 5 Amendment of s 3A (Principle underlying this Act for facilitating and regulating the liquor industry) Section 3A(4)— omit, insert— 2008 Act No. 48 Page 13

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 6] ‘(4) This section applies subject to this Act’s object mentioned in section 3(a).’. 6 Amendment of s 4 (Definitions) Section 4— insert— ‘ approved extended trading hours , for licensed premises, means the trading hours mentioned in an extended trading hours approval for the premises that is endorsed, under section 85(1), on the licence. approved risk-assessed management plan see section 50. bar licence means a commercial other licence for conducting a business with the principal activity mentioned in section 70. column 1 licence , for part 12, division 8, see section 288. column 2 licence , for part 12, division 8, see section 288. column 1 permit , for part 12, division 8, see section 288. column 2 permit , for part 12, division 8, see section 288. community impact statement means a statement by that name required to be given to the chief executive under section 116. community investment fund , for part 9, see section 199. current training course certificate means a training course certificate that is in force. extended trading hours approval see section 84. fee includes a tax. industrial canteen licence means a commercial other licence for conducting a business with the principal activity mentioned in section 71A. main premises , for part 4A, division 2, see section 101. producer/wholesaler licence means a commercial other licence for conducting a business with the principal activity mentioned in section 72. Page 14 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 7] remote industrial locality , for part 3A, division 4, subdivision 5, see section 71 risk-assessed management plan see section 50. subsidiary off-premises licence means a commercial other licence for conducting a business with the principal activity mentioned in section 68. subsidiary on-premises licence means a commercial other licence for conducting a business with the principal activity mentioned in section 67. training course certificate means a certificate in the approved form— (a) given to a person, for satisfactorily completing the approved training course, by someone who holds an approval under part 5A as a trainer for the course; and (b) stating the certificate remains in force for 3 years after it is given to the person.’. 7 Amendment of s 4B (Meaning of liquor ) (1) Section 4B(2)— insert — ‘Examples of other substances — ice confections, jellies and aerosol sprays’. (2) Section 4B(3)— renumber as section 4B(4). (3) Section 4B— insert — ‘(3) Liquor also includes any other substance containing ethyl alcohol (ethanol), which substance is prescribed under a regulation as liquor.’. 2008 Act No. 48 Page 15

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 8] 8 Amendment of s 5 (Who is a responsible adult for a minor) Section 5(b), from ‘, while’ to ‘places,’— omit. 9 Amendment of s 9 (Ordinary trading hours) (1) Section 9— insert— ‘(1A) Subject to subsections (2) and (3), on any day other than Good Friday or Christmas Day, ordinary trading hours of licensed premises, other than premises to which a producer/wholesaler licence relates or an airport or casino to which a commercial special facility licence relates, are between 10a.m. and 12 midnight. ‘(1B) Subject to subsections (2) and (3), on any day other than Good Friday or Christmas Day, ordinary trading hours of an airport or casino to which a commercial special facility licence relates are between 5a.m. and 12 midnight.’. (2) Section 9(3)(a)(ii), ‘or (c)’— omit . (3) Section 9(3)(b)— omit . (4) Section 9(3)(c)— renumber as section 9(3)(b). (5) Section 9(5)— omit, insert — ‘(5) Subject to subsection (2), on Good Friday and Christmas Day ordinary trading hours of all licensed premises, other than premises to which a producer/wholesaler licence relates, are— (a) for sale of liquor to a person to consume on the premises in association with the consumer eating a meal in a part Page 16 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 10] of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises—between 10a.m. and 12 midnight; or (b) for other sale of liquor—nil.’. (6) Section 9(6) and (8) to (11)— omit . (7) Section 9(7), ‘7a.m.’— omit, insert — ‘10a.m.’. 10 Amendment of s 12 (Exemptions) Section 12(2)— insert— ‘(j) a sale of liquor forming part of a floral arrangement or gift basket to be delivered as a gift to a person (the relevant person ) other than the purchaser of the floral arrangement or gift basket, if— (i) the sale is part of a florist’s business or the business of a person selling gift baskets; and (ii) the relevant person is an adult; and (iii) the gift is to be delivered to a place other than the place at which the business mentioned in subparagraph (i) is conducted; and (iv) the quantity of the liquor is not more than 1L; and (v) the total value of the liquor and the container in which it is supplied is not more than one-half of the gift’s sale price; and (vi) the liquor had been purchased on a retail basis.’. 11 Amendment of s 21 (Jurisdiction and powers of tribunal) (1) Section 21(1)— 2008 Act No. 48 Page 17

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 12] insert — ‘(ea) the refusal to grant an application to change an approved risk-assessed management plan; or’. (2) Section 21(1)(f), ‘assessment, reassessment or imposition of’— omit. 12 Insertion of new s 42A After section 42— insert— ‘42A Chief executive may issue guidelines ‘(1) The chief executive may issue guidelines to inform persons about— (a) the attitude the chief executive is likely to adopt on a particular matter; or (b) how the chief executive administers this Act. ‘(2) A guideline may be replaced or amended by a later guideline issued under this section. ‘(3) The chief executive must keep copies of the guidelines available for inspection, free of charge, by members of the public at— (a) the department’s head office and regional offices; and (b) other places the chief executive considers appropriate. ‘(4) Also, the chief executive must, if asked by a person, give the person a copy of a guideline, or an extract from a guideline, free of charge.’. 13 Replacement of pt 4 (Licences and permits) Part 4— omit, insert— Page 18 2008 Act No. 48

‘Part 3A Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] Risk-assessed management plans ‘50 Definitions for pt 3A ‘In this part— approved risk-assessed management plan , for licensed premises or premises to which a restricted liquor permit relates, means a risk-assessed management plan approved under section 51 for the premises, and includes the plan as changed under section 52. risk-assessed management plan , for licensed premises or premises to which a restricted liquor permit relates, means a document containing information about the procedures and practices, relating to the matters prescribed under a regulation, for the conduct of business at the premises. ‘51 Approval of plan ‘(1) This section applies if the chief executive issues a licence or restricted liquor permit. ‘(2) The chief executive is taken to have approved the risk-assessed management plan identified in the licence or permit. ‘(3) The chief executive must endorse the plan with the chief executive’s written approval and give the endorsed plan to the licensee or permittee. ‘52 Changing plan ‘(1) A licensee, or permittee for a restricted liquor permit, may apply to the chief executive to change the licensee’s, or permittee’s, approved risk-assessed management plan for the licensed premises or premises to which the permit relates. ‘(2) In deciding whether to grant the application, the chief executive must have regard to the requirements for a 2008 Act No. 48 Page 19

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] risk-assessed management plan mentioned in the definition risk-assessed management plan in section 50. ‘(3) If the chief executive decides to grant the application, the chief executive must as soon as practicable give the licensee or permittee written notice of the decision. ‘(4) The change takes effect on the day stated for the change in the notice and does not depend on— (a) the plan being amended to incorporate the change; or (b) the licence or permit being amended to identify the amended plan. ‘(5) If the chief executive decides not to grant the application, the chief executive must as soon as practicable give the licensee or permittee written notice of the decision and the reasons for it. ‘(6) If the chief executive fails to decide the application within 90 days after its receipt, the failure is taken to be a decision by the chief executive not to grant the application. ‘53 Recording change of plan ‘(1) This section applies if a licensee or permittee receives a notice under section 52(3) about a change to the licensee’s, or permittee’s, approved risk-assessed management plan for the licensed premises or premises to which the permit relates. ‘(2) Within 14 days after receiving the notice, the licensee or permittee must return the following documents to the chief executive— (a) the plan, incorporating the change; (b) the licensee’s licence, or permittee’s permit, in which the plan is identified. Maximum penalty—25 penalty units. ‘(3) On receiving the plan, incorporating the change, the chief executive must immediately endorse the plan with the chief Page 20 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] executive’s written approval and give the endorsed plan to the licensee or permittee. ‘(4) On receiving the licence or permit, the chief executive must immediately amend the licence or permit to identify the amended plan and give the amended licence or permit to the licensee or permittee. ‘54 Conditions about approved plan ‘(1) It is a condition of a licence or restricted liquor permit that the licensee or permittee— (a) keep the approved plan available for inspection at the licensed premises or premises to which the permit relates by an investigator and patrons of the premises; and (b) display signage at the premises in a way that is likely to make the patrons aware that— (i) the licensee or permittee has an approved risk-assessed management plan for the premises; and (ii) the approved plan is available for inspection by the patrons; and (c) ensure all staff of the premises, and crowd controllers engaged in maintaining order in and around the premises, are aware of, and perform their duties at the premises in compliance with, the approved plan. ‘(2) In this section— approved plan means the licensee’s, or permittee’s, approved risk-assessed management plan for the premises. 2008 Act No. 48 Page 21

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] ‘Part 4 Licences ‘Division 1 Licences under this Act ‘58 Available licences ‘(1) The following licences may be granted and held under this Act— (a) commercial hotel licence; (b) commercial special facility licence; (c) commercial other licence; (d) community club licence; (e) community other licence. ‘(2) Only 1 licence may be granted or held for premises, or part of premises, but a licence may be granted or held for the premises or part even though there is a licence under the WineIndustry Act 1994 for the premises or part. ‘(3) However, if a licence is granted or held for premises, or part of premises, under this Act and the Wine Industry Act 1994 — (a) the licensee under both Acts must be the same person; and (b) liquor may be sold under the licence under this Act only for the trading hours authorised under the licence. ‘Division 2 Commercial hotel licence ‘59 Principal activity of a business conducted under a commercial hotel licence ‘(1) The principal activity of a business conducted under a commercial hotel licence is the sale of liquor for consumption on the licensed premises, or on and off the premises, together with— Page 22 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] (a) the provision of meals and accommodation, as required under the licence; and (b) the provision of premises and catering facilities for use by persons genuinely attending a function held on the premises. ‘(2) The authority under a commercial hotel licence to sell liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1). ‘(3) To remove doubt, it is declared that it is inconsistent with the principal activity of a business conducted under a commercial hotel licence to only sell liquor for consumption off the premises. ‘60 Authority of commercial hotel licence ‘(1) A commercial hotel licence authorises the licensee— (a) to sell liquor on the licensed premises, for consumption on or off the premises, during ordinary trading hours or approved extended trading hours; and (b) to sell liquor on the licensed premises, for consumption on or off the premises, at any time to a resident on the premises; and (c) to sell liquor on the licensed premises, for consumption on the premises, at any time to a guest of a resident on the premises while the guest is in the resident’s company; and (d) to sell liquor on premises approved by the chief executive for sale of liquor under authority of the licence, for consumption— (i) off the premises; or (ii) on the premises in the amount and in the circumstances prescribed by regulation. 2008 Act No. 48 Page 23

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] Note — Premises approved by the chief executive under subsection (1)(d) are detached bottle shops under this Act. ‘(2) If the chief executive states in the licence, the authority of a commercial hotel licence extends to the sale of liquor off the licensed premises, for consumption off the premises, while the licensee is catering for a function if— (a) the sale is ancillary to the function at the place where the liquor is consumed; and (b) the liquor is sold for consumption by persons genuinely attending the function. ‘(3) The authority under subsection (1) or (2) is subject to this Act and the conditions stated in a particular licence. ‘(4) Premises approved by the chief executive for sale of liquor under the authority of a commercial hotel licence are part of the licensed premises to which the licence relates. ‘61 Restrictions on grant of commercial hotel licence ‘(1) The chief executive may grant a commercial hotel licence only if the chief executive is satisfied of the following— (a) the business to be conducted under the licence on the licensed premises will have the principal activity as mentioned in section 59(1); (b) the business to be conducted under the licence on the licensed premises will have a commercial kitchen and at least 2 of the following facilities— (i) a dining, restaurant, or bistro-style, facility; (ii) self-contained accommodation of at least 3 rooms for letting to travellers; (iii) a function room facility available for hire by members of the public; (c) the licensed premises— Page 24 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] (i) have the capacity to seat more than 60 patrons at any one time; and (ii) have toilet facilities for male and female patrons of the business to be conducted under the licence on the premises. ‘(2) The chief executive must not grant a commercial hotel licence to a person— (a) for premises the chief executive reasonably considers are, or are to be, used primarily as a supermarket; or (b) if the chief executive considers that the sale of liquor proposed to be carried on under authority of the licence would more appropriately be carried on under the authority of a licence of another kind. ‘(3) Also, the chief executive must not grant a commercial hotel licence to an incorporated association under the AssociationsIncorporation Act 1981 . ‘62 Consumption of liquor on premises by residents and guests ‘Liquor supplied under the authority of a commercial hotel licence to a resident on the licensed premises, or to a guest of a resident in the resident’s company, for consumption on the premises at any time other than ordinary trading hours, or approved extended trading hours, must be consumed in a residential unit on the premises. ‘Division 3 Commercial special facility licence ‘63 Principal activity of a business under a commercial special facility licence ‘(1) The principal activity of a business conducted under a commercial special facility licence is the provision of one of the following facilities— (a) a casino; 2008 Act No. 48 Page 25

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] (b) an airport; (c) a convention centre; (d) another type of facility, other than a sporting facility, that makes, or is likely to make, a significant contribution to the tourism development of the State. ‘(2) The authority under a commercial special facility licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1). ‘64 Authority of commercial special facility licence ‘(1) A commercial special facility licence authorises the licensee to sell liquor on the licensed premises, for consumption on or off the premises, during the times stated in the licence. ‘(2) The authority under subsection (1) is subject to this Act and the conditions that the chief executive has stated in the particular licence. ‘65 Restriction on grant of commercial special facility licence ‘(1) The chief executive may grant a commercial special facility licence only if the chief executive is satisfied the business to be conducted under the licence on the licensed premises will have the principal activity as mentioned in section 63(1). ‘(2) The chief executive must not grant a commercial special facility licence if the chief executive considers that the supply of liquor proposed to be provided under authority of the licence would more appropriately be carried on under the authority of a licence of another kind. ‘(3) Also, the chief executive must not grant a commercial special facility licence to a person for premises the chief executive reasonably considers are, or are to be, used primarily as a supermarket. Page 26 2008 Act No. 48

‘Division 4 Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] Commercial other licence ‘Subdivision 1 General ‘66 Types of commercial other licence ‘The following types of commercial other licence may be granted and held under this Act— (a) subsidiary on-premises licence; (b) subsidiary off-premises licence; (c) bar licence; (d) industrial canteen licence; (e) producer/wholesaler licence. ‘Subdivision 2 Subsidiary on-premises licence ‘67 Principal activity of a business under a subsidiary on-premises licence ‘(1) The principal activity of a business conducted under a subsidiary on-premises licence is the provision of an activity, matter or service to which the sale of liquor for consumption on the licensed premises is a subsidiary aspect. ‘(2) The authority under a subsidiary on-premises licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1). ‘67AA Principal activity is the provision of entertainment ‘(1) This section applies if the principal activity of a business conducted under a subsidiary on-premises licence is the provision of entertainment on the licensed premises. 2008 Act No. 48 Page 27

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] ‘(2) The authority of the licence is restricted to the sale and supply of liquor to a person for consumption on the premises in association with the person being provided entertainment on the premises. ‘67A Principal activity is the provision of meals ‘(1) This section applies if the principal activity of a business conducted under a subsidiary on-premises licence is the provision of meals prepared, and served to be eaten, on the licensed premises. ‘(2) The authority of the licence is restricted to the following— (a) the sale and supply of liquor for consumption on the premises— (i) in association with a consumer eating a meal on the premises; and (ii) to persons on the premises other than in association with the persons eating meals; (b) the sale and supply of 1 opened and 1 unopened bottle of wine for consumption off the premises to each adult consumer eating a meal. ‘67B Principal activity is the provision of accommodation ‘(1) This section applies if the principal activity of a business conducted under a subsidiary on-premises licence is the provision of accommodation. ‘(2) The licence authorises the licensee to sell liquor on the licensed premises— (a) at any time— (i) to a resident on the licensed premises, or a guest of a resident in the resident’s company, for consumption on the premises; or Page 28 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] (ii) to a resident on the licensed premises in a quantity of not more than 9L on any day, for consumption off the premises; and (b) during ordinary trading hours or approved extended trading hours, to any person, including a person not eating a meal, for consumption in a part of the premises stated in the licence as ordinarily set aside for dining. ‘(3) Liquor supplied under authority of the licence to a resident on the licensed premises or a guest of a resident in the resident’s company, for consumption on the premises outside ordinary trading hours or approved extended trading hours, must be consumed in a residential unit on the premises. ‘67C Authority of subsidiary on-premises licence ‘(1) A subsidiary on-premises licence authorises the licensee to sell liquor in association with an activity, matter or service provided on the licensed premises, or on premises of which the licensed premises form part, which activity, matter or service is the primary purpose to be served by conduct of business under authority of the licence— (a) for consumption on the licensed premises; and (b) if the chief executive so stated in the licence—for consumption off the licensed premises; during ordinary trading hours or approved extended trading hours. ‘(2) Subject to section 67E, if the chief executive states in the licence, the authority of a subsidiary on-premises licence extends to the sale of liquor on premises other than the licensed premises for consumption on the other premises. ‘(3) The authority under subsection (1) or (2) is subject to this Act and the conditions stated in a particular licence. 2008 Act No. 48 Page 29

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] ‘67D Restriction on grant of subsidiary on-premises licence ‘The chief executive must not grant a subsidiary on-premises licence to a person for a vehicle the chief executive reasonably considers is, or is to be, used primarily to transport persons by road between licensed premises. ‘67E Restriction on sale of liquor for consumption off premises ‘(1) The chief executive may decide that liquor may be sold under authority of a subsidiary on-premises licence for consumption off the licensed premises only if the chief executive is satisfied that sale of the liquor will be made only in the course of the licensee providing catering facilities for functions. ‘(2) The authority conferred by a subsidiary on-premises licence to sell liquor for consumption off the licensed premises is restricted to the sale of liquor— (a) as ancillary to a function that— (i) happens at a place at which the liquor is consumed; and (ii) includes the licensee providing food for the function of sufficient substance as to be ordinarily accepted as a meal for consumption by persons genuinely attending the function, even though the food may be eaten while standing and without cutlery; and (b) for consumption by persons genuinely attending the function. ‘(3) Subsection (4) applies if the principal activity of a business conducted under a subsidiary on-premises licence is the provision of meals prepared, and served to be eaten, on the licensed premises. ‘(4) Subsections (1) and (2) do not apply to the licence in relation to a sale or supply of liquor under section 67A(2)(b). Page 30 2008 Act No. 48

‘Subdivision 3 Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] Subsidiary off-premises licence ‘68 Principal activity of a business under a subsidiary off-premises licence ‘(1) The principal activity of a business conducted under a subsidiary off-premises licence is the provision of an activity, matter or service to which the sale of liquor for consumption off the licensed premises is a subsidiary aspect. ‘(2) The authority under a subsidiary off-premises licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1). ‘69 Authority of subsidiary off-premises licence ‘(1) A subsidiary off-premises licence authorises the licensee, during the times stated in the licence, to sell liquor on the licensed premises, for consumption off the premises, if the amount of each sale is not more than— (i) if the chief executive stated an amount in the licence—the amount stated by the chief executive; or (ii) in any other case—2L. ‘(2) The authority under subsection (1) is subject to this Act and the conditions stated in the particular licence. ‘69A Restriction on grant of subsidiary off-premises licence ‘(1) The chief executive must not grant a subsidiary off-premises licence to a person for premises the chief executive reasonably considers are, or are to be, used primarily as a supermarket. ‘(2) Also, the chief executive must not grant a subsidiary off-premises licence to a person for premises the chief executive reasonably considers are, or are to be, used primarily for the hiring out of party equipment. 2008 Act No. 48 Page 31

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] ‘Subdivision 4 Bar licence ‘70 Principal activity of a business under a bar licence ‘(1) The principal activity of a business conducted under a bar licence is the sale of liquor on the licensed premises having the capacity to seat not more than 60 patrons at any one time. ‘(2) The authority under a bar licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1). ‘70A Authority of bar licence ‘(1) A bar licence authorises the licensee to sell liquor on the licensed premises for consumption on the premises during ordinary trading hours or approved extended trading hours. ‘(2) The authority under subsection (1) is subject to this Act and the conditions stated in a particular licence. ‘Subdivision 5 Industrial canteen licence ‘71 Definition for sdiv 5 ‘In this subdivision— remote industrial locality means a locality at which— (a) there is no permanent residential population; and (b) mining, or rail or road construction, activities are happening. ‘71A Principal activity of a business under an industrial canteen licence ‘(1) The principal activity of a business conducted under an industrial canteen licence is the sale of liquor on the licensed premises located within a remote industrial locality. Page 32 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] ‘(2) The authority under an industrial canteen licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1). ‘71B Authority of industrial canteen licence ‘(1) An industrial canteen licence authorises the licensee to sell liquor to a relevant person on the licensed premises, for consumption on or off the premises. ‘(2) The authority under subsection (1) is subject to this Act and the conditions stated in a particular licence. ‘(3) In this section— relevant person means— (a) a person working at the remote industrial locality within which the premises are located; or (b) a member of the family, or a guest, of a person mentioned in paragraph (a). ‘71C Restriction on grant of industrial canteen licence ‘The chief executive may grant an industrial canteen licence in relation to a remote industrial locality only if there is no other licensed premises located within the locality. ‘Subdivision 6 Producer/wholesaler licence ‘72 Principal activity of a business under a producer/wholesaler licence ‘(1) The principal activity of a business conducted under a producer/wholesaler licence is either or both of the following— (a) the production and wholesale sale on the licensed premises of liquor made on the premises; 2008 Act No. 48 Page 33

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] (b) the wholesale sale on the licensed premises of liquor. ‘(2) The authority under a producer/wholesaler licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1). ‘73 Authority of producer/wholesaler licence ‘(1) A producer/wholesaler licence authorises the licensee— (a) if the licensee is a producer of liquor—to sell on the licensed premises liquor produced or made on the premises, for consumption on or off the premises, during ordinary trading hours or approved extended trading hours; or (b) if the licensee is a wholesale supplier of liquor—to sell liquor on the licensed premises, for consumption off the premises, during ordinary trading hours. ‘(2) The authority under subsection (1) is subject to this Act and the conditions stated in a particular licence. ‘74 Restriction on grant of producer/wholesaler licence ‘The chief executive may grant a producer/wholesaler licence only if the chief executive is satisfied the business to be conducted under the licence on the licensed premises will have the principal activity as mentioned in section 72(1). ‘75 Restriction on sale of liquor under producer/wholesaler licence ‘(1) Subject to subsection (2), the holder of a producer/wholesaler licence must not sell liquor to a person other than— (a) a licensee or permittee; or (b) a licensee under the Wine Industry Act 1994 ; or Page 34 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] (c) a person engaged in an activity to which this Act is prescribed not to apply, if the sale is for the purpose of that activity; or (d) a person authorised by a law of the Commonwealth, another State or a Territory or foreign country to sell liquor, or the person’s agent; or (e) a person exempt from the application of a law of the Commonwealth, another State or a Territory relating to the sale of liquor, or the person’s agent, if the sale is made in circumstances in which the person is so exempt; or (f) a person who purchases the liquor for export; or (g) a person who purchases the liquor for stock in a duty free store; or (h) a person who purchases the liquor to provide it for consumption on ships or aircraft on international journeys; or (i) a person who purchases the liquor to provide it at Government House, or at a foreign embassy or consulate, as part of official activities at the place; or (j) a person who purchases the liquor for a religious entity for sacramental purposes. ‘(2) The holder of a producer/wholesaler licence who is a producer of liquor may— (a) sell the licensee’s liquor and liquor for which the licensee is a wholesaler to a visitor to the licensed premises for consumption on the premises in association with the visitor eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises; and (b) sell the licensee’s liquor, for consumption on or off the licensed premises, to a visitor to the licensed premises, if the liquor is sold as a souvenir of the visit. ‘(3) The holder of a producer/wholesaler licence does not contravene this section by selling liquor during any period— 2008 Act No. 48 Page 35

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] (a) to the holder’s staff; or (b) for sampling, promotions or similar purposes; if such sales do not exceed 2.5% by value of the holder’s total sales of liquor during the period. ‘(4) This section does not apply to the holder of a producer/wholesaler licence who holds a brewery licence within the meaning of the Excise Act 1901 (Cwlth), section 77A in relation to the sale by the licensee of the licensee’s liquor. ‘(5) In this section— licensee’s liquor means liquor produced on the premises to which the licence relates. ‘Division 5 Community club licence ‘76 Principal activity of business under community club licence ‘(1) The principal activity of a business conducted under a community club licence is the provision of facilities and services to the club’s members and the achievement of the club’s objects. ‘(2) The authority under a community club licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the primary purpose as mentioned in subsection (1). ‘77 Authority of community club licence ‘(1) A community club licence authorises the licensee to sell liquor on the licensed premises— (a) during ordinary trading hours, or approved extended trading hours, to— (i) a member of the club, for consumption on or off the premises, or a guest of a member in the Page 36 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] member’s company, for consumption on the premises; or (ii) a member of a reciprocal club whose members’ reciprocal rights are secured by formal reciprocal arrangements for consumption on or off the premises, or a guest of a member of such a reciprocal club in the member’s company for consumption on the premises; or (iii) an applicant for membership of the club for a period of 30 days after receipt by the secretary of the club of the applicant’s application for membership for consumption on the premises; or (iv) a visitor to the club whose ordinary place of residence is in another State or a Territory or in a foreign country for consumption on the premises; or (v) a visitor to the club whose ordinary place of residence is in the State at least 15km from the club’s premises for consumption on the premises; or (vi) a person attending a function or club activity, other than the purpose of the club, on the premises for consumption on the premises; or (vii) for a club that is a RSL or Services Club—a defence member for consumption on the premises; and (b) at any time to a resident on the premises, or a guest of a resident in the resident’s company, for consumption on the premises. ‘(2) Despite subsection (1)(a)(vi), if the chief executive states in a community club licence that the licensed premises include particular premises (the other premises ) that the club owns or has a legal right to occupy and the other premises may be used on an infrequent basis for an event, the licence authorises the licensee to sell liquor within a defined area on the other 2008 Act No. 48 Page 37

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] premises for the event for consumption within the defined area stated in the licence if— (a) the sale is during ordinary trading hours for the licence to members of the public attending the event on the other premises; and (b) the event is the playing of a sport or game for which the club is established; and Example of sport or game for which a club is established — If a rugby union club is established but the club allows other clubs to use its premises for bridge or darts, or encourages the rugby union club’s members to play those games, the rugby union club is established for rugby union and not other sports or games (like bridge or darts) that may be played on its premises. (c) the club is catering for the event on the other premises; and (d) at least 14 days before the date of the event, the club gives written notice about the event to the police officer in charge of the locality in which the event is to be held. Example for subsection (2) — A football club may have premises with an adjacent field in 1 suburb that are used on a weekly basis for training and regular games. The club may also own a second field in another suburb which is used a few times a year for the club’s games. The chief executive may state in the community club licence that the licensed premises includes defined areas at 1 or both fields. The community club licence authorises the club to sell liquor within the defined areas. ‘(3) For subsection (2), the area of the other premises defined in the licence forms part of the licensee’s licensed premises for the period the licensee is authorised to sell liquor on the other premises. ‘(4) Despite section 76(1), a community club licence does not authorise the sale or supply of liquor from a facility ordinarily known as a drive-in or drive through bottle shop. ‘(5) The authority under subsections (1) and (2) is subject to this Act and the conditions stated in a particular licence. ‘(6) A visitor to the premises of a club who— Page 38 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] (a) with permission of an authorised agent of the management committee of the club; and (b) after payment of the fee, if any, ordinarily charged for the purpose; plays a sport or game that is part of the club’s business, or that is played under the auspices of the club, is taken, for the purposes of subsection (1), to be a member of the club for the day on which the visitor so plays. ‘(7) If it is a team that plays a sport or game mentioned in subsection (6) as visitors to the premises of a club, every genuine official of the team is taken to be a visitor who has played the sport or game although the official has not taken part in the sport or game. ‘(8) In this section— defence member means any of the following persons in possession of a current service identity card— (a) a member of the Permanent Naval Forces, the Australian Regular Army, the Regular Army Supplement or the Permanent Air Force; (b) a member of the Emergency Forces or the Reserve Forces who is rendering continuous full-time service. game does not include a game within the meaning of the Gaming Machine Act 1991 . ‘78 Restrictions on grant of community club licence ‘(1) The chief executive may grant a community club licence only if the chief executive is satisfied that— (a) the business to be conducted under the licence on the licensed premises will have the principal activity as mentioned in section 76(1); and (b) the club in question is a non-proprietary club. ‘(2) The chief executive may not grant a community club licence if— 2008 Act No. 48 Page 39

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] (a) the premises to which the community club licence would relate are a part of larger premises, wholly or partly (the larger premises ); and (b) another type of licence was formerly held in relation to the larger premises; and (c) another type of licence is still held in relation to the remainder of the larger premises, wholly or partly. Example — If club A applies for a community club licence in relation to a part of premises that has been excised from club B’s general licence, club A’s application must be refused. ‘79 Requirements of club and secretary ‘(1) A community club licence is subject to the following conditions— (a) the rules of the club must comply with the schedule, except as otherwise authorised in writing by the chief executive; (b) if an amendment of the rules of the club is adopted by the club— (i) the club’s secretary must, within 14 days after the adoption of the amendment, give to the chief executive a certified copy of the proposed amendment; and (ii) the amendment takes effect at the end of 28 days after receipt by the chief executive of the certified copy, unless, within that period, the chief executive disallows the amendment by written notice given to the club’s secretary; (c) the club’s secretary must keep on the club premises a register of— (i) the name and address of each member of the club; and Page 40 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] (ii) particulars of payment of the membership subscription last paid by the member; (d) the club’s secretary must keep on the club premises a register of— (i) the name of each guest of a member or visitor to the club premises; and (ii) the current place of residence of each guest or visitor or, if the guest or visitor is a member of a reciprocal club, the name of the reciprocal club; (e) the club’s secretary must keep the register mentioned in paragraph (c) or (d) open for inspection at any time by an investigator. ‘(2) The regulations may prescribe amendments to which subsection (1)(b)(i) does not apply. ‘(3) An amendment to which subsection (1)(b)(i) does not apply takes effect as soon as it is adopted by the club. ‘(4) Subsection (1)(d) does not apply to a person who is— (a) a minor; or (b) a visitor mentioned in section 77(6) or (7). ‘(5) A person must not make an entry in a register, or give information to someone else to enter in a register, mentioned in subsection (1)(c) or (d) that the person knows is false, misleading or incomplete in a material particular. Maximum penalty—35 penalty units. ‘(6) It is enough for a complaint against a person for an offence against subsection (5) to state that the information entered was false, misleading or incomplete to the person’s knowledge. 2008 Act No. 48 Page 41

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] ‘Division 6 Community other licence ‘80 Principal activity of business under community other licence ‘(1) The principal activity of a business conducted under a community other licence is the provision of facilities and services to the relevant club’s members and the achievement of the club’s objects. ‘(2) The authority under a community other licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the primary purpose as mentioned in subsection (1). ‘(3) In this section— relevant club means the club to which the licence relates. ‘81 Authority of community other licence ‘(1) A community other licence authorises the licensee to sell and supply liquor on the licensed premises during ordinary trading hours to the following persons, for consumption on the premises— (a) a member of the relevant club; (b) a guest of a member of the relevant club in the member’s company; (c) a member of a reciprocal club; (d) a guest of a member of a reciprocal club in the member’s company. ‘(2) The authority under subsection (1) is subject to this Act and the conditions stated in the licence. ‘(3) In this section— relevant club means the club to which the licence relates. Page 42 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] ‘82 Restriction on grant of community other licence and other related matters ‘(1) The chief executive may grant a community other licence only if the chief executive is satisfied the relevant club is a non-proprietary club. ‘(2) The chief executive must include the following matters in a community other licence— (a) the times, totalling not more than 25 hours a week, for the sale of liquor under the licence; (b) the area to which the licence relates. ‘(3) In this section— relevant club means the club to which the licence relates. ‘83 Requirements of club and secretary ‘(1) A community other licence is subject to the following conditions— (a) the rules of the relevant club must comply with the schedule, unless the chief executive has given written permission to the club to amend the rules; (b) if an amendment of the rules of the relevant club is adopted by the club— (i) within 14 days after adoption of the amendment, the club’s secretary must give the chief executive a certified copy of the amendment; and (ii) the amendment takes effect at the end of 28 days after the chief executive receives the certified copy unless the chief executive has disallowed the amendment by written notice given to the club’s secretary; (c) the relevant club’s secretary must keep on the club premises a register of— (i) the name and address of each club member; and 2008 Act No. 48 Page 43

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] (ii) particulars of the most recent membership subscription paid by the member; (d) the relevant club’s secretary must keep on the club premises a register of— (i) the name and current address of each guest of a member; and (ii) the name of each member of a reciprocal club, on the premises, and the name of the reciprocal club; and (iii) the name and current address of each guest of a member of a reciprocal club mentioned in subparagraph (ii); (e) the relevant club’s secretary must keep the registers mentioned in paragraphs (c) and (d) open for inspection by an investigator at any time when the club is open. ‘(2) The regulations may prescribe amendments to which subsection (1)(b)(i) does not apply. ‘(3) An amendment to which subsection (1)(b)(i) does not apply takes effect as soon as it is adopted by the relevant club. ‘(4) A person must not make an entry in a register, or give information to someone else to enter in a register, mentioned in subsection (1)(c) or (d), that the person knows is false, misleading or incomplete in a material particular. Maximum penalty—35 penalty units. ‘(5) It is enough for a complaint against a person for an offence against subsection (4) to state that the information entered was false, misleading or incomplete to the person’s knowledge. ‘(6) In this section— relevant club means the club to which the licence relates. Page 44 2008 Act No. 48

‘Division 7 Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] Extended trading hours approval ‘84 Authority of extended trading hours approval ‘An extended trading hours approval authorises the licensee who is the holder of the approval to sell liquor on a regular basis under authority of the licence that relates to the licensed premises for which the approval is granted subject to this Act at the times, and subject to the conditions, stated in the approval. ‘85 Application for approval ‘(1) An applicant for a licence, or a licensee, may apply to the chief executive for an extended trading hours approval for the premises that are, or are to be, the licensed premises. ‘(2) If the application is granted, the approval must be endorsed by the chief executive on the licence. ‘86 Hours to which application may relate etc. ‘(1) An application may be made for an extended trading hours approval for a licence other than a community other licence that, if granted, would extend trading hours on a regular basis to include trading between 12a.m. and 5a.m. ‘(2) An application may be made for an extended trading hours approval for a licence other than a community other licence that, if granted, would extend trading hours on a regular basis to include trading between 9a.m. and 10a.m. ‘(3) The applicant for an application mentioned in subsection (2) must satisfy the chief executive that there is a demonstrated community need for the application to be granted. ‘(4) An application may be made for an extended trading hours approval for a community club licence that, if granted, would extend trading hours on a regular basis to include trading between 7a.m. and 9a.m. ‘(5) For an application mentioned in subsection (4)— 2008 Act No. 48 Page 45

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] (a) the applicant must satisfy the chief executive that there is a demonstrated community need for the application to be granted; or (b) the club to which the licence relates must be a sporting club for a sport prescribed under a regulation. ‘(6) An application may be made for an extended trading hours approval for a licence other than a community other licence that, if granted, would extend trading hours on a regular basis to include trading between 7a.m. and 9a.m. but only for the purpose of selling and supplying liquor to or for persons genuinely attending a function held on the licensed premises during those hours. ‘87 Restriction on grant of extended trading hours approval ‘The chief executive must not grant an extended trading hours approval that would purport to authorise the sale of liquor at any time on Good Friday, Christmas Day or Anzac Day, otherwise than as prescribed by section 9. ‘Part 4A Permits ‘Division 1 Permits under this Act ‘100 Available permits ‘The following permits may be granted and held under this Act— (a) a commercial public event permit; (b) a community liquor permit; (c) an extended hours permit; (d) a restricted liquor permit; Page 46 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] (e) an adult entertainment permit; (f) a restricted area permit. ‘Division 2 Commercial public event permits ‘101 Definitions for div 2 ‘In this division— licence means each of the following licences for which the authority under the licence is extended to allow the sale of liquor on premises that are not the licence’s main premises— (a) commercial hotel licence; (b) subsidiary on-premises licence; (c) subsidiary off-premises licence. main premises means licensed premises described in a licence. private event means an event or occasion, held at premises other than main premises, if— (a) the event or occasion is not publicly advertised or is not open to the public or casual attendance; or (b) attendance at the event or occasion is restricted by personal invitation of the function’s host; or (c) admission to the event or occasion does not involve paying a fee for— (i) admission; or (ii) entertainment or services provided at the event or occasion. Examples of a private event — a 21 st birthday party, boardroom lunch, company cocktail party, wedding public event , in relation to a licensee, means an event or occasion held at premises other than the licensee’s main premises, that is not a private event. 2008 Act No. 48 Page 47

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] Examples of a public event — a festival, public ball, race meeting, rock concert ‘101A Commercial public event permit issued jointly to 2 or more licensees ‘(1) A reference in this division to a licensee, for a commercial public event permit issued jointly to 2 or more licensees, is a reference to each of the licensees. ‘(2) If a commercial public event permit is issued jointly to 2 or more licensees and one of the licences is suspended, the permit is taken to be suspended for the period of the suspension. ‘(3) If a commercial public event permit is issued jointly to 2 or more licensees and one of the licences is cancelled, the permit is taken to be cancelled. ‘102 Licensee to obtain a commercial public event permit for selling or supplying liquor at public events ‘(1) A licensee who proposes to sell or supply liquor at a public event under the licence must apply for the grant of a commercial public event permit to sell or supply the liquor at the public event. ‘(2) Without limiting section 105, an application must— (a) describe the area where the liquor will be sold or supplied and consumed and the area where any catering to be provided by the licensee will take place; and (b) be accompanied by a proposed event management plan for the public event addressing all matters about which the chief executive is to be satisfied under section 103(1). ‘(3) An application under subsection (1) may be made jointly by 2 or more licensees. Page 48 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] ‘103 Restriction on grant of commercial public event permit ‘(1) The chief executive must not grant a commercial public event permit for a public event unless the chief executive is satisfied about all of the following— (a) the licensee would, in catering for the public event, be carrying out the principal activity of the business conducted under the licence; (b) premises in which liquor may be sold, supplied and consumed at the public event are properly defined and will be appropriately monitored; (c) the public event will not create any undue annoyance, disturbance or inconvenience to residents of the locality in which the public event is to be held; (d) the public event will not create an unsafe or unhealthy environment for persons employed at and attending the public event or residents of the locality in which the public event is to be held; (e) appropriate planning for the public event has been carried out with the police service and local government for the area in which the public event is to be held; (f) any other matter prescribed under a regulation. ‘(2) Subsection (1)(a) does not apply to an application for a commercial public event permit to extend the authority of a subsidiary on-premises licence if the principal activity of the business conducted under the licence is the provision of accommodation. ‘(3) The chief executive must not grant a commercial public event permit for a public event that would purport to authorise the sale of liquor at any time on Good Friday or Christmas Day or before 1.00p.m. on Anzac Day. ‘(4) Despite subsection (3), the chief executive may grant a commercial public event permit to authorise a licensee to sell liquor between 5a.m. and 1p.m. on Anzac Day if— (a) the chief executive is satisfied the licensee has entered 2008 Act No. 48 Page 49

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] into an agreement with an RSL or Services Club to sell liquor under the permit at a public event that is an Anzac Day event for the club; and (b) the permit authorises the sale of liquor only at the event. ‘103A Area defined in commercial public event permit forms part of licensed premises ‘The area defined in a commercial public event permit for a public event forms part of the licensee’s licensed premises for the period the licensee is authorised to sell or supply liquor at the event under the permit. ‘103B Authority of commercial public event permit ‘(1) Subject to this Act, a commercial public event permit authorises the licensee to sell or supply liquor— (a) at the public event stated in the permit; and (b) at the times on the day or days stated in the permit; and (c) subject to the conditions stated in the permit. ‘(2) The authority of a commercial public event permit for a public event extends to the sale or supply of liquor for consumption within the area defined in the permit for the event. ‘Division 3 Community liquor permit ‘103C Authority of community liquor permit ‘(1) Subject to this Act, a community liquor permit authorises the permittee to sell liquor— (a) at the event or occasion; and (b) at the times on the day or days; and (c) subject to the conditions; stated in the permit. Page 50 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] ‘(2) Authority of a community liquor permit extends to sale of liquor— (a) for consumption at the event or occasion stated in the permit; and (b) for removal from the venue of the event or occasion, and subsequent consumption, if stated in the permit. ‘103D Restriction on grant of community liquor permit ‘(1) The chief executive must not grant a community liquor permit— (a) for licensed premises; or (b) if the chief executive considers that the supply of liquor proposed to be provided under authority of the permit would more appropriately be provided under authority of a licence. ‘(2) The chief executive may grant a community liquor permit only to— (a) a non-proprietary club; or (b) another entity, if the chief executive is satisfied all the net proceeds from the sale of liquor under the permit will be used for the benefit of the community. ‘(3) If the applicant for a community liquor permit is a non-proprietary club that is an unincorporated association, the permit may be granted only to an individual for the non-proprietary club. ‘103E Identification of premises ‘(1) The chief executive must— (a) define an area adjacent to each premises to which a community liquor permit relates; and (b) state the means by which the area must be marked out. 2008 Act No. 48 Page 51

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] ‘(2) An area defined under subsection (1) is part of the premises to which the permit relates. ‘103F Restriction on consumption or possession of liquor ‘(1) During continuance of a community liquor permit, a person must not— (a) consume liquor; or (b) have liquor in possession for consumption; at the venue of the event or occasion stated in the permit elsewhere than in an area that is part of the premises to which the permit relates. ‘(2) Subsection (1) does not apply to consumption of, or having in possession, liquor supplied by the person or association of persons controlling the event or occasion in a part of the venue of the event or occasion set apart for use by that person or association and guests. ‘Division 4 Extended hours permit ‘103G Authority of extended hours permit ‘An extended hours permit authorises the licensee who is the holder of the permit to sell liquor on a particular day under authority of the licence that relates to the licensed premises for which the permit is granted subject to this Act at the time, and subject to the conditions, stated in the permit. ‘103H Restriction on grant of extended hours permit ‘(1) The chief executive must not grant an extended hours permit that would purport to authorise the sale of liquor at any time on Good Friday, Christmas Day or Anzac Day, otherwise than as prescribed by section 9. Page 52 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 13] ‘(2) However, the chief executive may grant an extended hours permit to authorise a licensee to sell liquor between 5a.m. and 1p.m. on Anzac Day if— (a) the chief executive is satisfied the licensee has entered into an agreement with an RSL or Services Club to sell liquor under the permit at an Anzac Day event for the club; and (b) the permit authorises the sale of liquor only at the event. ‘103I Hours to which application may relate etc. ‘(1) An application may be made for an extended trading hours permit for a licence other than a community other licence that, if granted, would extend trading hours on a particular day to include trading between 12a.m. and 5a.m. ‘(2) An application may be made for an extended trading hours permit for a licence other than a community other licence that, if granted, would extend trading hours on a particular day to include trading between 9a.m. and 10a.m. ‘(3) The applicant, for an application mentioned in subsection (2), must satisfy the chief executive that there is a demonstrated community need for the application to be granted. ‘(4) An application may be made for an extended trading hours permit for a community club licence that, if granted, would extend trading hours on a particular day to include trading between 7a.m. and 9a.m. ‘(5) For an application mentioned in subsection (4)— (a) the applicant must satisfy the chief executive that there is a demonstrated community need for the application to be granted; or (b) the club to which the licence relates must be a sporting club for a sport prescribed under a regulation. ‘(6) An application may be made for an extended trading hours permit for a licence other than a community other licence that, if granted, would extend trading hours on a particular day to 2008 Act No. 48 Page 53

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 51] ‘(9) If subsection (4)(d) applies, the notice must be given to the licensee and takes effect 28 days after the date of the notice.’. 51 Amendment of s 141 (Order to close premises for unlawful trading) Section 141(1)— omit, insert— ‘(1) If business is conducted on licensed premises by a person who is not— (a) the licensee; or (b) an approved manager; or (c) a person authorised by the chief executive under section 131A; the chief executive may give to the person conducting business on the premises an order to cease trading in liquor on the premises and to close the premises.’. 52 Insertion of new pt 5C After section 142P— insert— ‘Part 5C Approval as approved manager ‘Division 1 Obtaining approval ‘142Q Applying for approval ‘(1) A person may apply to the chief executive for an approval as an approved manager. ‘(2) The applicant— (a) must be an individual; and (b) can not be a licensee; and 2008 Act No. 48 Page 97

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 52] (c) must be the holder of a current training course certificate and a current licensee’s course certificate (the relevant certificates ). ‘(3) The application must— (a) be in the approved form; and (b) be accompanied by— (i) copies of the relevant certificates; and (ii) the fee prescribed under a regulation. ‘(4) The applicant also must provide any other relevant information reasonably required by the chief executive to decide the application. ‘142R Deciding application ‘(1) The chief executive must consider the application and either grant, or refuse to grant, the application as soon as practicable after the last of the following events happens— (a) the chief executive receives the application; (b) the chief executive receives all necessary information to decide the application. ‘(2) The chief executive may grant the application only if the chief executive is satisfied the applicant is a suitable person to hold the approval. ‘(3) In deciding whether the applicant is a suitable person to hold the approval, the chief executive may have regard to the following— (a) the applicant’s knowledge of this Act; (b) the applicant’s understanding of an approved manager’s obligations and responsibilities under this Act; (c) whether the applicant is a person of good repute who does not have a history of behaviour that would render the applicant unsuitable to hold the approval. Page 98 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 52] ‘(4) The chief executive may obtain a report from the commissioner in relation to the applicant’s criminal history. ‘(5) A report under subsection (4) must include reference to or disclosure of convictions mentioned in the CriminalLaw(Rehabilitation of Offenders) Act 1986, section 6. ‘142S Grant of application ‘(1) If the chief executive decides to grant the application, the chief executive must as soon as practicable give the applicant written notice of the decision. ‘(2) An approval for an approved manager remains in force, unless sooner cancelled, for the period of 5 years after the grant of the application for the approval. ‘142T Refusal to grant application ‘If the chief executive decides to refuse to grant the application, the chief executive must as soon as practicable give the applicant a written notice stating— (a) the decision and reasons for the decision; and (b) that the applicant may appeal to the tribunal against the decision within 28 days after the applicant receives notice of the decision. ‘Division 2 Renewal ‘142U Applying for renewal ‘(1) A person may apply to the chief executive for renewal of the person’s approval as an approved manager. ‘(2) The application may only be made at least 2 months, but not more than 4 months, before the last day of the period of the approval. ‘(3) The application must— 2008 Act No. 48 Page 99

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 52] (a) be in the approved form; and (b) be accompanied by the fee prescribed under a regulation. ‘(4) The applicant also must provide any other relevant information reasonably required by the chief executive to decide the application. ‘142V Deciding application ‘(1) The chief executive must consider the application and either renew, or refuse to renew, the approval as soon as practicable after the last of the following events happens— (a) the chief executive receives the application; (b) the chief executive receives all necessary information to decide the application. ‘(2) In deciding whether to grant the application, the chief executive may have regard to the matters to which the chief executive may have regard, under section 142R(3), in deciding whether a proposed holder of an approval as an approved manager is a suitable person to hold the approval. ‘142W Renewal of approval ‘If the chief executive decides to renew the approval, the chief executive must as soon as practicable give the applicant written notice of the decision. ‘142X Refusal to renew approval ‘If the chief executive decides to refuse to renew the approval, the chief executive must as soon as practicable give the applicant a written notice stating— (a) the decision and reasons for the decision; and (b) that the applicant may appeal to the tribunal against the decision within 28 days after the applicant receives notice of the decision. Page 100 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 52] ‘142Y Approval continues pending decision about renewal ‘(1) If a person applies for renewal of an approval as an approved manager under section 142U, the approval is taken to continue in force from the day it would, apart from this subsection, have ended until the day on which any of the following first happens— (a) the chief executive renews the approval; (b) if the chief executive decides to refuse to renew the approval—the chief executive gives the person notice for the decision under section 142I; (c) the person withdraws the application for renewal; (d) the application lapses under section 142Z. ‘(2) If the chief executive renews the approval, the approval is taken to have been renewed from the day it would, apart from subsection (1), have ended. ‘(3) This section does not apply if the approval is cancelled. ‘Division 3 Lapsing of applications ‘142Z Lapsing of application ‘(1) This section applies if an application for an approval as an approved manager, or renewal of an approval as an approved manager, is made under this part. ‘(2) The chief executive may make a requirement under section 142Q(4) or 142U(4) for information to decide the application by giving the applicant a written notice stating— (a) the required information; and (b) the time by which the information must be given to the chief executive; and (c) that, if the information is not given to the chief executive by the stated time, the application will lapse. 2008 Act No. 48 Page 101

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 52] ‘(3) The stated time must be reasonable and, in any case, at least 21 days after the requirement is made. ‘(4) The chief executive may give the applicant a further notice extending or further extending the time if the chief executive is satisfied it would be reasonable in all the circumstances to give the extension. ‘(5) A notice may be given under subsection (4) even if the time to which it relates has lapsed. ‘(6) If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses. ‘Division 4 Suspension and cancellation of approvals ‘142ZA Grounds for suspension or cancellation ‘(1) The chief executive may suspend or cancel a person’s approval as an approved manager if the chief executive believes on reasonable grounds— (a) the approval was granted in error or because of a materially false or fraudulent document, statement or representation; or (b) the holder of the approval is not, or is no longer, a suitable person to hold the approval; or (c) the holder has been convicted of an offence against this Act; or (d) the holder has contravened a provision of this Act (being a provision a contravention of which is not an offence against this Act). ‘(2) For forming a belief that the ground mentioned in subsection (1)(b) exists, the chief executive may have regard to the matters, mentioned in section 142R(3), to which the chief executive may have regard in deciding whether a proposed holder of an approval as an approved manager is a suitable person to hold the approval. Page 102 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 52] ‘142ZB Show cause notice ‘(1) If the chief executive believes a ground exists to suspend or cancel an approval as an approved manager, the chief executive must give the holder of the approval a written notice under this section (a show cause notice ). ‘(2) The show cause notice must state the following— (a) the action (the proposed action ) the chief executive proposes taking under this division; (b) the grounds for the proposed action; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) if the proposed action is suspension of the approval—the proposed suspension period; (e) an invitation to the holder to show within a stated period (the show cause period ) why the proposed action should not be taken. ‘(3) The show cause period must be a period ending not less than 21 days after the show cause notice is given to the holder. ‘142ZC Representations about show cause notices ‘(1) The holder of the approval may make representations about the show cause notice to the chief executive in the show cause period. ‘(2) The chief executive must consider all written representations (the accepted representations ) made under subsection (1). ‘142ZD Ending show cause process without further action ‘(1) This section applies if, after considering the accepted representations for the show cause notice, the chief executive no longer believes a ground exists to suspend or cancel the approval. ‘(2) The chief executive must not take any further action about the show cause notice. 2008 Act No. 48 Page 103

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 52] ‘(3) Notice that no further action is to be taken about the show cause notice must be given to the holder of the approval by the chief executive. ‘142ZE Suspension or cancellation ‘(1) This section applies if, after considering the accepted representations for the show cause notice, the chief executive— (a) still believes a ground exists to suspend or cancel the approval; and (b) believes suspension or cancellation of the approval is warranted. ‘(2) This section also applies if there are no accepted representations for the show cause notice. ‘(3) The chief executive may— (a) if the proposed action stated in the show cause notice was to suspend the approval for a stated period—suspend the approval for not longer than the stated period; or (b) if the proposed action stated in the show cause notice was to cancel the approval—either cancel the approval or suspend it for a period. ‘(4) The chief executive must as soon as practicable give the holder of the approval a written notice stating— (a) the decision and reasons for the decision; and (b) that the applicant may appeal to the tribunal against the decision within 28 days after the applicant receives notice of the decision. ‘(5) The decision takes effect on— (a) the day the notice is given to the holder; or (b) if a later day of effect is stated in the notice—the later day.’. Page 104 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 53] 53 Replacement of s 149 (Licensee to exercise control over premises) Section 149— omit, insert— ‘149 Employment on licensed premises ‘A licensee must not, other than with the chief executive’s prior approval, knowingly permit to be employed on the licensee’s behalf on the licensed premises a person who, because of misconduct or bad character— (a) has had a licence, permit or other authority relating to the sale or supply of liquor cancelled; or (b) has been refused a licence, permit or other authority relating to the sale or supply of liquor; under this Act or a corresponding previous enactment or under a corresponding law of another State or a Territory. Maximum penalty—100 penalty units.’. 54 Replacement of s 149B (Supervising adult entertainment) Section 149B— omit, insert— ‘149B Supervising adult entertainment ‘(1) At all times when adult entertainment is being provided under an adult entertainment permit, the entertainment must be supervised by the licensee or permittee, or a controller, to ensure that it is provided in accordance with this Act and the conditions of the permit. Maximum penalty—100 penalty units. ‘(2) If subsection (1) is contravened, the following persons each commit an offence— (a) the licensee or permittee; (b) a controller whose duty it was to supervise the entertainment at the relevant time.’. 2008 Act No. 48 Page 105

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 55] 55 Insertion of new pt 6, div 1A Part 6— insert— ‘Division 1A Provisions binding particular licensees and permittees ‘155AC Application of div 1A ‘This division applies to— (a) licensed premises, other than licensed premises to which a community club licence or community other licence relates if liquor is served or supplied at the premises only by volunteers; and (b) premises to which a permit relates, other than premises to which a community liquor permit or restricted liquor permit relates if liquor is served or supplied at the premises only by volunteers. ‘155AD Who must be present or reasonably available at licensed premises etc. ‘(1) This section applies while the licensed premises or premises to which the permit relates are open for business. ‘(2) If the licensee or permittee is a corporation— (a) the licensee or permittee must take reasonable steps to ensure that an approved manager is present or reasonably available, during ordinary trading hours, at or in relation to the licensed premises or premises to which the permit relates; and (b) the licensee or permittee must take reasonable steps to ensure that an approved manager is present, during approved extended trading hours, at the licensed premises or premises to which the permit relates. Maximum penalty—50 penalty units. ‘(3) If the licensee or permittee is an individual— Page 106 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 55] (a) the licensee or permittee must be present or be reasonably available, or take reasonable steps to ensure that an approved manager is present or reasonably available, during ordinary trading hours at or in relation to the licensed premises or premises to which the permit relates; and (b) the licensee or permittee must be present or take reasonable steps to ensure that an approved manager is present, during approved extended trading hours, at the licensed premises or premises to which the permit relates. Maximum penalty—50 penalty units. ‘(4) Subsection (3) applies subject to section 155AF. ‘(5) For this section, the licensee or permittee or an approved manager is reasonably available in relation to the licensed premises or premises to which the permit relates if both of the following apply— (a) the licensee, permittee or approved manager is readily contactable by each person involved in the service or supply of liquor at the premises; (b) the time reasonably needed for the licensee, permittee or approved manager to travel from any place at which the licensee, permittee or approved manager may be present to the premises is not more than 1 hour. ‘155AE Approved managers register ‘(1) The licensee or permittee— (a) must keep a register stating the following for each approved manager rostered on duty for the licensed premises or premises to which the permit relates— (i) the name of the approved manager; (ii) the date on which, and the starting time and finishing time of each shift for which, the approved manager is rostered on duty; and 2008 Act No. 48 Page 107

Liquor and Other Acts Amendment Act 2008 Part 2 Amendment of Liquor Act 1992 [s 55] (b) must keep the register available for inspection by an investigator at the premises. Maximum penalty—100 penalty units. ‘(2) The licensee or permittee— (a) must keep with the register copies of the current training course certificates and current licensee’s course certificates held by approved managers rostered on duty for the premises; and (b) must make the copies available for inspection by an investigator at the premises. Maximum penalty—100 penalty units. ‘(3) An approved manager rostered on duty for the premises must— (a) at the start of each shift for which the approved manager is rostered on duty— (i) record in the register the approved manager’s name, and the date and starting time of the shift; and (ii) sign the register; and (b) at the end of each shift for which the approved manager is rostered on duty— (i) record in the register the date and finishing time of the shift; and (ii) sign the register. Maximum penalty—100 penalty units. ‘155AF Exemption from obligation under s 155AD(3) ‘(1) Subsection (2) applies if— (a) the licensee or permittee is an individual; and (b) the licensee or permittee wishes to be absent from the management and supervision of the business conducted Page 108 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 3 Amendment of Police Powers and Responsibilities Act 2000 [s 56] under authority of the licence or permit for a continuous period (the relevant period ) of not longer than 3 months. ‘(2) The licensee or permittee may apply to the chief executive for an exemption from the obligation to comply with section 155AD(3) during the relevant period. ‘(3) The chief executive may grant the application only if the chief executive is satisfied— (a) the licensee or permittee has made reasonable efforts, but has been unsuccessful, in engaging 1 or more approved managers to be present or reasonably available, during the hours in the relevant period the licensed premises or premises to which the permit relates will be open for business, at or in relation to the premises; and (b) during the relevant period— (i) liquor will be supplied or possessed on the premises only in accordance with the authority conferred by the licence or permit; and (ii) the risk-assessed management plan for the premises will be complied with. ‘(4) In this section— reasonably available see section 155AD(5).’. Part 3 Amendment of Police Powers and Responsibilities Act 2000 56 Act amended in pt 3 This part amends the Police Powers and Responsibilities Act2000 . 2008 Act No. 48 Page 109

Liquor and Other Acts Amendment Act 2008 Part 3 Amendment of Police Powers and Responsibilities Act 2000 [s 57] 57 Amendment of s 53 (Prevention of particular offences relating to liquor) (1) Section 53(1), ‘This section’— omit, insert — ‘Subsection (2)’. (2) Section 53(1)(a)(i), after ‘section’— insert — ‘157(2)’. (3) Section 53— insert — ‘(2A) Also, if— (a) a police officer reasonably suspects a person has committed, is committing or is about to commit an offence against the Liquor Act 1992 , section 156(2) at a place; and (b) the police officer reasonably suspects that liquor, whether in opened or unopened containers, in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of an offence at any place by the person or another person; the police officer may seize the liquor, including any container of the liquor.’. (4) Sections 53(3) and (4), after ‘subsection (2)’— insert — ‘or subsection (2A)’. (5) Section 53(5), after ‘subsection (1)’— insert — ‘or subsection (2A)’. Page 110 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Part 3 Amendment of Police Powers and Responsibilities Act 2000 [s 58] 58 Insertion of new ss 53A and 53B After section 53— insert — ‘53A Seizure of liquor from a minor in particular circumstances ‘(1) This section applies if a police officer— (a) is lawfully at a place other than a place to which a licence or permit under the Liquor Act 1992 relates; and (b) finds a minor at the place has possession or control of liquor, whether in opened or unopened containers; and (c) reasonably suspects that the minor is not being responsibly supervised by a responsible adult for the minor. ‘(2) The police may seize the liquor, including any container of the liquor, (the seized thing ) and dispose of it in the way the police officer considers reasonably necessary. ‘(3) For subsection (2), the police officer may continue to stay at the place and re-enter the place for the time reasonably necessary to remove the seized thing, even though to continue to stay or to re-enter, apart from this section, would be trespass. ‘(4) For subsection (1) the following matters are to be decided on the same basis as the matters are decided under the Liquor Act1992 , section 156A— (a) whether or not a person is a minor; (b) whether or not a minor is being responsibly supervised; (c) whether or not an adult is a responsible adult for a minor. ‘(5) If the police officer exercises the power under subsection (2) to seize a thing— (a) the seized thing is taken to have been forfeited to the State immediately after the police officer seizes it; and 2008 Act No. 48 Page 111

Liquor and Other Acts Amendment Act 2008 Part 4 Amendment of Acts [s 59] (b) chapter 21, part 2, division 3 and chapter 21, part 3 do not apply to the seized thing. ‘(6) In this section— liquor has the same meaning as it has in section 53. ‘53B Entry powers for vehicles referred to in ss 53 and 53A If a place where a police officer is exercising a power under section 53 or section 53A is outside a vehicle that is not being used as a dwelling, the police officer’s powers for the section include the power to enter the vehicle to exercise a power under the section within the vehicle.’. Part 4 Amendment of Acts 59 Consequential and other amendments of Acts (1) Schedule 1 amends the Acts mentioned in it. (2) Schedule 2 amends the Liquor Act 1992 . Page 112 2008 Act No. 48

Schedule 1 Liquor and Other Acts Amendment Act 2008 Schedule 1 Consequential and other amendments of Acts section 59 Cairns Casino Agreement Act 1993 1 Section 2, definition special facility licence — omit, insert — ‘ special facility licence means a commercial special facility licence under the Liquor Act.’. Charitable and Non-Profit Gaming Act 1999 1 Section 110, definition liquor — omit, insert — ‘ liquor see the Liquor Act 1992 , section 4B.’. Gaming Machine Act 1991 1 Sections 56, 61 and 78, ‘club liquor licence’— omit, insert— ‘community club licence’. 2008 Act No. 48 Page 113

Liquor and Other Acts Amendment Act 2008 Schedule 1 2 Sections 56, 78 and 96, ‘general liquor licence’— omit, insert— ‘commercial hotel licence’. 3 Sections 56 and 79 and schedule, definition subsidiary operator , ‘special facility premises’— omit, insert— ‘commercial special facility premises’. 4 Sections 56 and 96 and schedule, definition subsidiary operator , ‘special facility liquor licence’— omit, insert— ‘commercial special facility licence’. 5 Section 189(15), definition eligible licensee , paragraph (b)— omit. 6 Section 189(15), definition eligible licensee , paragraph (c)— renumber as paragraph (b). 7 Section 195(2), from ‘if,’ to ‘premises’— omit. 9 Schedule, definition club , ‘club liquor’— omit, insert— ‘community club’. Page 114 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Schedule 1 10 Schedule, definition club liquor licence , paragraph (a), ‘58(1)(e)’— omit, insert— ‘58(1)(d)’. 11 Schedule, definitions category 1 licensed premises , general liquor licence , special facility liquor licence and special facility premises — omit, insert— ‘ category 1 licensed premises means licensed premises for which one of the following licences under the LiquorAct1992 is in force— (a) a commercial hotel licence; (b) a commercial special facility licence, other than the commercial special facility licence held by the Gold Coast Commerce Club Inc. commercial hotel licence means a licence mentioned in the Liquor Act 1992 , section 58(1)(a). commercial special facility licence means a licence mentioned in the Liquor Act 1992 , section 58(1)(b). commercial special facility premises means premises to which a commercial special facility licence relates.’. Liquor Act 1992 1 Section 3A(1)(b) and (2), ‘primary purpose’— omit, insert — ‘principal activity’. 2 Section 4, definitions cabaret , current training course certificate , on-premises (cabaret) licence , on-premises 2008 Act No. 48 Page 115

Liquor and Other Acts Amendment Act 2008 Schedule 1 (function) licence , on-premises (meals) licence , on-premises (other activity) licence , on-premises (presentations) licence , on-premises (tourist) licence , on-premises (transport) licence and training course certificate — omit . 3 Section 4, definition approved area , ‘103G(1)’— omit, insert — ‘103P(1)’. 4 Section 4, definition adult entertainment , ‘103E(2)’— omit, insert — ‘103N(2)’. 5 Section 4, definition code , ‘103E’— omit, insert — ‘103N’. 6 Section 4, definition commencement — omit, insert — ‘ commencement means— (a) for part 12, division 6, see section 268; or (b) for part 12, division 8, see section 288.’. 7 Section 4, definition detached bottle shop , ‘59(1)(d)’— omit, insert — ‘60(1)(d)’. Page 116 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Schedule 1 8 Section 4, definition member of a reciprocal club , ‘club licence or restricted club permit’— omit, insert — ‘community club licence, community other licence or restricted liquor permit’. 9 Section 4, definition post-amended Act — omit, insert — ‘ post-amended Act means— (a) for part 12, division 6, see section 268; or (b) for part 12, division 8, see section 288.’. 10 Section 4, definition pre-amended Act — omit, insert — ‘ pre-amended Act means— (a) for part 12, division 6, see section 268; or (b) for part 12, division 8, see section 288.’. 11 Section 4, definitions private event and public event , ‘102D’— omit, insert — ‘101’. 12 Section 4AA, ‘an on-premises (cabaret) licence’— omit, insert — ‘a subsidiary on-premises licence for which the principal activity is the provision of entertainment’. 13 Section 42A(1)(b)— insert — 2008 Act No. 48 Page 117

Liquor and Other Acts Amendment Act 2008 Schedule 1 ‘ Examples — 1 The chief executive might issue a guideline stating the matters that must be dealt with in a risk-assessed management plan. 2 The chief executive might issue a guideline stating the matters that must be dealt with in a community impact statement. ’ 14 Section 46(1), ‘club’— omit, insert — ‘liquor’. 15 Section 107C(1)(b), ‘a conference held under section 121 or’— omit. 16 Section 107D(1)(a), ‘general purpose permit or restricted club’— omit, insert — ‘community liquor permit or restricted liquor’. 17 Section 111(1A), (3) and (4)— omit. 18 Sections 113(1) and 117(1)(b), ‘hours permit’— omit, insert — ‘trading hours approval’. 19 Section 117(4), definition relevant application , paragraph (b), before ‘club’— insert — ‘community’. Page 118 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Schedule 1 20 Section 118(1)(c)— omit, insert — ‘(c) an extended trading hours approval or variation of an extended trading hours approval;’. 21 Section 118(7) and (8)— omit . 22 Section 118(9)— renumber as section 118(7). 23 Section 121A— omit . 24 Section 122(3)— omit . 25 Sections 123(1)(a), 123A(1)(a) and (c) and 125(3), ‘primary purpose’— omit, insert — ‘principal activity’. 26 Section 125(3), ‘general’— omit, insert — ‘commercial hotel’. 27 Section 126, heading, ‘or permit’— omit . 2008 Act No. 48 Page 119

Liquor and Other Acts Amendment Act 2008 Schedule 1 28 Section 126(1)— omit, insert — ‘(1) If a licence is varied, the chief executive must cause an appropriate endorsement to be made on the licence.’. 29 Section 126(3), ‘or permit’— omit. 30 Section 136(1)(a)(ii), ‘primary purpose’— omit, insert — ‘principal activity’. 31 Section 142K(2), ‘142B(4)’— omit, insert — ‘142B(3)’. 32 Section 148B(4)— omit , insert — ‘(4) Subsection (2)(b) does not apply to the holder of a subsidiary on-premises licence if the principal activity of the business conducted under the licence is the principal activity mentioned in section 67A.’. 33 Section 148B(5) and (6)— renumber as section 148B(4) and (5). 34 Section 149A, ‘general purpose permit or restricted club’— omit, insert — ‘community liquor permit or restricted liquor’. Page 120 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Schedule 1 35 Sections 150(2) and 153(3) and (4), before ‘special facility’— insert — ‘commercial’. 36 Sections 154(2)(a) and (4)(a), ‘primary purpose’— omit, insert — ‘principal activity’. 37 Sections 154A(1)(a) and 154B(1) and (3), ‘general’— omit, insert — ‘commercial hotel’. 38 Sections 154C, before ‘club’— insert — ‘community’. 39 Section 155(5)(b) and (c)— omit, insert — ‘(b) the premises are being used for the conduct of business for the principal activity of providing entertainment on the premises.’. 40 Section 155AA(1), ‘general purpose permit or restricted club’— omit, insert — ‘community liquor permit or restricted liquor’. 41 Section 162— omit, insert — 2008 Act No. 48 Page 121

Liquor and Other Acts Amendment Act 2008 Schedule 1 ‘162 Taking liquor onto or away from premises subject to subsidiary on-premises licence ‘(1) A person must not take liquor onto premises to which a subsidiary on-premises licence relates for consumption on the premises, unless the premises are premises mentioned in section 67A. Maximum penalty—25 penalty units. ‘(2) A person must not take liquor from premises to which a subsidiary on-premises licence relates, unless the premises are premises mentioned in section 67A and— (a) if the liquor is wine, the wine was supplied to the person on the premises lawfully under the licence as authorised under section 67A(2)(b); or (b) the person brought the liquor onto the premises. Maximum penalty—25 penalty units.’. 42 Section 168A(4), ‘general purpose or restricted club’— omit, insert — ‘community liquor permit or restricted liquor’. 43 Section 172(2), ‘84(1)’— omit, insert — ‘75(1)’. 44 Section 187(5), definition licensed premises , ‘club’— omit, insert — ‘liquor’. 45 Section 235(2)(f), ‘general purpose’— omit, insert — ‘community liquor’. Page 122 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Schedule 1 46 Section 235(2)(h), ‘59’— omit, insert — ‘60(1)(d)’. 47 Schedule, heading, ‘88 and 103D’— omit, insert — ‘79, 83 and 103M’. Tobacco and Other Smoking Products Act 1998 1 Sections 26ZA(1)(a) and 26ZJ(2)(c), ‘general licence or club’— omit, insert — ‘commercial hotel licence or community club’. 2 Sections 26ZA(1)(b) and 26ZJ(2)(d), before ‘special’— insert — ‘commercial’. 2008 Act No. 48 Page 123

Liquor and Other Acts Amendment Act 2008 Schedule 2 Schedule 2 Amendments of the Liquor Act1992 relating to approved managers section 59 1 Section 4, definition disciplinary action , paragraph (h), ‘or nominee for the licence’— omit . 2 Section 43(2)(b), from ‘, nominees’ to ‘permittees’— omit . 3 Section 45(a), ‘nominees’— omit, insert — ‘approved managers’. 4 Section 46(1), ‘nominee,’— omit . 5 Sections 107(3), 107E(3), 109, 109A and 115(2)— omit . 6 Sections 108(1), from ‘if for’ to ‘other nominee’— omit . 7 Section 115, ‘109’— omit, insert— ‘108’. Page 124 2008 Act No. 48

Liquor and Other Acts Amendment Act 2008 Schedule 2 8 Section 128(a), from ‘, and’ to ‘licence’— omit . 9 Section 131— omit . 10 Section 136(1)(e), from ‘or any’ to ‘premises,’— omit . 11 Part 6, division 1, heading, ‘nominees’— omit, insert — ‘approved managers’. 12 Section 143(1)(a), from ‘and’ to ‘premises’— omit . 13 Section 155AA(2), from ‘licensee’ to ‘controller’— omit, insert — ‘licensee or permittee, an approved manager working at the premises, or the licensee’s or permittee’s controller’. 14 Section 155A, from ‘a licensee’ to ‘premises’— omit, insert — ‘the licensee or permittee of, or an approved manager working at, the premises to which a licence or permit relates’. 15 Section 156(3), ‘licensee, permittee, nominee or manager of’— omit, insert — ‘licensee or permittee of, or an approved manager working at,’. 2008 Act No. 48 Page 125

Liquor and Other Acts Amendment Act 2008 Schedule 2 16 Section 156B(2), penalty, paragraph (a), ‘the nominee of’— omit, insert — ‘an approved manager working at’. 17 Section 156C(5), penalty, paragraph (a), ‘the nominee of’— omit, insert — ‘an approved manager working at’. 18 Section 234(1), ‘, permittee or nominee’— omit, insert — ‘or permittee’. © State of Queensland 2008 Page 126 2008 Act No. 48