Liquor (Consequential Amendments) Act 2010 (ACT)

Liquor (Consequential Amendments) Act 2010

A2010-43

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended—schs 1 and 2  2

Schedule 1Consequential amendments  3

Part 1.1Associations Incorporation Regulation 1991                  3

Part 1.2Boxing Control Act 1993  3

Part 1.3Building (General) Regulation 2008  4

Part 1.4Children and Young People Act 2008  5

Part 1.5Crimes Act 1900  5

Part 1.6Dangerous Substances (Explosives) Regulation 2004       5

Part 1.7Dangerous Substances (General) Regulation 2004           6

Part 1.8Discrimination Act 1991  6

Part 1.9Electoral Act 1992  6

Part 1.10Exhibition Park Corporation Act 1976  7

Part 1.11Fair Trading (Consumer Affairs) Act 1973  7

Part 1.12Gaming Machine Act 2004  8

Part 1.13Liquor Act 2010  9

Part 1.14Medicines, Poisons and Therapeutic Goods Regulation 2008    25

Part 1.15Planning and Development Regulation 2008                 25

Part 1.16Road Transport (Alcohol and Drugs) Act 1977               25

Part 1.17Road Transport (Driver Licensing) Act 1999                 26

Part 1.18Road Transport (Driver Licensing) Regulation 2000        27

Part 1.19Road Transport (Public Passenger Services) Regulation 2002  27

Part 1.20Second-hand Dealers Regulation 2002  27

Part 1.21Security Industry Regulation 2003  28

Part 1.22Tobacco Act 1927  28

Part 1.23Trustee Act 1925  29

Schedule 2Consequential amendments related to the Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009   30

Part 2.1Liquor Act 2010  30

Part 2.2Smoke-Free Public Places Act 2003  32

Liquor (Consequential Amendments) Act 2010

A2010-43

An Act to amend legislation because of the enactment of the Liquor Act 2010, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Liquor (Consequential Amendments) Act 2010.

2. Commencement

   (1)Schedule 1, amendment 1.19 commences on the day after this Act’s notification day.

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

   (2)Schedule 1, amendment 1.49 commences on the commencement of the Personal Property Securities Act 2010, schedule 1, amendment 1.1.

   (3)Schedule 2 commences on the commencement of the Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009, schedule 1, part 1.2 (Liquor Act 1975).

   (4)The remaining provisions commence on the commencement of the Liquor Act 2010, section 3.

3. Legislation amended—schs 1 and 2

   This Act amends the legislation mentioned in schedule 1 and schedule 2.

Schedule 1Consequential amendments

(see s 3)

Part 1.1Associations Incorporation Regulation 1991

[1.1]Section 12 (3) (b)

omit

Liquor Act 1975

substitute

Liquor Act 2010

Part 1.2Boxing Control Act 1993

[1.2]Section 8 (4) (f)

substitute

(f)if the contest is to be conducted on licensed premises or permitted premises—conditions about the age of the contestants.

NoteLicensed premises and permitted premises—see s (9).

[1.3]New section 8 (9)

insert

(9)In this section:

licensed premises—see the Liquor Act 2010, dictionary.

permitted premises—see the Liquor Act 2010, dictionary.

Part 1.3Building (General) Regulation 2008

[1.4]Section 22 (2) (b)

substitute

(b)if it is proposed that the new building, or new part of the building, is to be used as licensed premises—consultation with the commissioner for fair trading in relation to—

(i)occupancy loading for public areas at the premises; and

(ii)kitchen facilities at the premises; and

(iii)liquor serving counters at the premises; and

(iv)toilet facilities and toilet rooms at the premises;

(ba)if it is proposed that the new building, or new part of the building, is to be used as permitted premises—consultation with the commissioner for fair trading in relation to occupancy loading for public areas at the premises;

[1.5]Section 22 (6), new definitions

insert

licensed premises—see the Liquor Act 2010, dictionary.

liquor serving counter, at premises—see the Liquor Regulation 2010, dictionary.

occupancy loading, for a public area at licensed premises or permitted premises—see the Liquor Act 2010, dictionary.

permitted premises—see the Liquor Act 2010, dictionary.

toilet facility—see the Liquor Regulation 2010, schedule 1, section 1.1.

toilet room—see the Liquor Regulation 2010, schedule 1, section 1.1.

Part 1.4Children and Young People Act 2008

[1.6]Section 877 (4), definition of document of identification, paragraph (a) (ii)

omit

Liquor Act 1975

substitute

Liquor Act 2010

Part 1.5Crimes Act 1900

[1.7]Section 252F (3) (c)

omit

Part 1.6Dangerous Substances (Explosives) Regulation 2004

[1.8]Dictionary, definition of identification papers, example

omit

under the Liquor Act 1975, s 175

substitute

issued under the Liquor Act 2010, s 210

Part 1.7Dangerous Substances (General) Regulation 2004

[1.9]Dictionary, definition of identification papers, example

omit

under the Liquor Act 1975, section 175

substitute

issued under the Liquor Act 2010, s 210

Part 1.8Discrimination Act 1991

[1.10]Dictionary, definition of club

substitute

club means a club that holds a club licence.

club licence—see the Liquor Act 2010, section 20.

Part 1.9Electoral Act 1992

[1.11]Section 232 (4) (a)

omit

Liquor Act 1975

substitute

Liquor Act 2010

Part 1.10Exhibition Park Corporation Act 1976

[1.12]Section 13 (2) (a)

omit

within the meaning of the Liquor Act 1975

[1.13]New section 13 (4)

insert

(4)In this section:

liquor—see the Liquor Act 2010, section 11.

Part 1.11Fair Trading (Consumer Affairs) Act 1973

[1.14]Section 8 (2), definition of consumer and trader legislation, paragraph (c)

substitute

(c)the Liquor Act 2010;

Part 1.12Gaming Machine Act 2004

[1.15]Section 63

substitute

1. Suspension of licences because of suspension of general and on licences

   (1)This section applies if—

   (a)a gaming machine licence is in force for premises; and

   (b)a general licence or on licence is also in force for the premises.

   (2)If the general licence or on licence is suspended, the gaming machine licence is also suspended for the period of suspension of the general licence or on licence.

   NoteA general licence or on licence may be suspended under the Liquor Act 2010 or the ACT Civil and Administrative Tribunal Act 2008.

[1.16]Section 64

substitute

1. Cancellation of licences because of cancellation etc of general and on licences

   (1)This section applies if—

   (a)a gaming machine licence is in force for premises; and

   (b)a general licence or on licence is also in force for the premises.

   (2)If the general licence or on licence is not renewed under the Liquor Act 2010, the gaming machine licence is cancelled.

   (3)If the general licence or on licence is cancelled, the gaming machine licence is also cancelled.

   NoteA general licence or on licence may be cancelled under the ACT Civil and Administrative Tribunal Act 2008.

   (4)However, a gaming machine licence cancelled under this section is taken to be in force again if the decision to cancel the general licence or on licence is reversed on appeal.

[1.17]Dictionary, definition of general licence and note

substitute

general licence—see the Liquor Act 2010, section 17.

[1.18]Dictionary, definition of on licence and note

substitute

on licence—see the Liquor Act 2010, section 18.

NoteSubclasses of on licences are dealt with in the Liquor Act 2010, div 2.2.

Part 1.13Liquor Act 2010

[1.19]Section 2

substitute

1. Commencement

   (1)Division 8.1 (Responsible service of alcohol) commences 12 months after this Act’s notification day.

   (2)Part 12 (Responsible service of alcohol (RSA) training courses) commences 6 months after this Act’s notification day.

   (3)The remaining provisions commence on a day fixed by the Minister by written notice.

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

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

[1.20]Section 25 (2) (f) and notes

substitute

(f)if the application is for a licence that authorises the licensee to sell liquor in open containers for consumption at the licensed premises—include a risk‑assessment management plan for the premises.

Note 1A general licence, on licence, club licence or special licence may authorise the sale of liquor in open containers for consumption at the licensed premises—see div 2.1.

Note 2Risk‑assessment management plan, for licensed premises or permitted premises—see s 88.

Note 3Giving false or misleading information is an offence against the Criminal Code, s 338.

Note 4If a form is approved under s 228 for this provision, the form must be used.

Note 5A fee may be determined under s 227 for this provision.

[1.21]Section 39 (1), new notes

insert

Note 1If a form is approved under s 228 for an application, the form must be used.

Note 2A fee may be determined under s 227 for this provision.

[1.22]Section 50 (2) (c)

substitute

(c)if the premises are wholly or partly enclosed, include the following documents (if applicable in relation to the premises):

(i)an ACTPLA certificate for the premises dated not earlier than 3 months before the date of the application;

(ii)the final floor plans of the premises approved by the planning and land authority in the development approval for the premises;

(iii)a certificate of occupancy for the premises; and

[1.23]Section 55 (2) (b)

omit

licence

substitute

permit

[1.24]Section 78, definition of suitability information, paragraph (a), except note

substitute

(a)any conviction of, or finding of guilt against, 1 or more of the following people for an offence against this Act involving the premises:

(i)the responsible person for the premises;

(ii)a close associate of the responsible person for the premises;

(iii)if the responsible person for the premises is a corporation—an influential person for the corporation;

[1.25]Section 78, definition of suitability information, paragraph (b), except example

substitute

(b)any proven noncompliance of the premises with a legal obligation in relation to the supply of liquor while 1 or more of the following people was involved in a business operated at the premises:

(i)the responsible person for the premises;

(ii)a close associate of the responsible person for the premises;

(iii)if the responsible person for the premises is a corporation—an influential person for the corporation;

[1.26]Section 78, definition of suitability information, new note

insert

Note 2The commissioner must consider the suitability information for premises when deciding to issue, amend or renew a licence or permit. The commissioner does not consider the suitability information for premises when deciding an application to transfer a licence to someone else (see s 41).

[1.27]Section 84, example

substitute

Example

an outdoor dining area

[1.28]Section 90 (2)

substitute

(2)If the commissioner decides to approve a risk-assessment management plan for licensed premises or permitted premises, the commissioner must give the licensee or permit-holder written notice that the plan has been approved.

[1.29]New section 90A

insert

90ARisk-assessment management plan—availability

The commissioner must not make a risk-assessment management plan, or an approved risk-assessment plan, for licensed premises or permitted premises available to anyone, other than the licensee or permit-holder, unless required to do so by this Act or another law in force in the Territory.

[1.30]Section 91 heading

substitute

1. Approved risk‑assessment management plan—amendment on application

[1.31]Section 92 heading

substitute

1. Approved risk‑assessment management plan—decision on amendment

[1.32]Section 92 (4), definition of required time, paragraph (a)

omit

receives the application

substitute

receives the additional information or documents

[1.33]Section 124 (1), new note

insert

NoteA seizure of a document is an incident under s 130.

[1.34]Section 124 (4) (c)

substitute

(c)the date and time the thing was seized;

(ca)the name and address of the premises where the thing was seized;

[1.35]New section 124 (4A)

after the note, insert

(4A)To remove any doubt, a staff member or crowd controller giving a receipt under this section need not sign it.

[1.36]Section 124 (6) and (7)

omit

[1.37]Section 125 (2)

substitute

(2)A person commits an offence if—

(a)the person is a permit‑holder; and

(b)the commissioner has decided an occupancy loading for a public area at the permitted premises; and

(c)the number of people in the public area is more than the number allowed under the occupancy loading for the area.

Maximum penalty:  50 penalty units.

[1.38]Section 126 (2)

substitute

(2)A person commits an offence if—

(a)the person is a permit‑holder; and

(b)the commissioner has decided an occupancy loading for a public area at the permitted premises; and

(c)the person fails to display a sign about the occupancy loading at the permitted premises in the way prescribed by regulation.

Maximum penalty: 10 penalty units.

[1.39]Section 128

omit

[1.40]Section 129

omit

[1.41]Section 130, definition of incident, new paragraph (da)

insert

(da)involving the seizure of a document under section 124 (1) (Licensee, permit-holder, etc may seize false identification document); or

[1.42]New section 131 (2) (ca)

insert

(ca)for a document seized under section 124 (1)—

(i)the date and time when the document was given to the commissioner; and

(ii)a copy of the receipt given under section 124 (3);

[1.43]New section 137 (2A)

insert

(2A)A person commits an offence if—

(a)the person is a licensee; and

(b)another person conducts a prohibited promotional activity; and

(c)the person knows about the activity; and

(d)the activity is conducted at the licensed premises.

Maximum penalty:  50 penalty units.

[1.44]New section 154 (1) (ba)

insert

(ba)enter premises at any time when there are reasonable grounds for suspecting that liquor is being sold on the premises; or

[1.45]Section 156 (1)

omit

section 154 (1) (b)

substitute

section 154 (1) (d)

[1.46]New section 187 (2)

after the note, insert

(2)For an application in relation to a permit‑holder, the ACAT Act applies as if a reference in the ACAT Act to—

(a)a person who is licensed includes a reference to a person who is a commercial permit‑holder; and

(b)a licence includes a reference to a commercial permit.

[1.47]Section 207 (1)

omit

person show

substitute

person to show

[1.48]New section 223 (1A)

insert

(1A)Without limiting subsection (1), a liquor guideline may make provision in relation to the following:

(a)advertising liquor;

(b)intoxication;

(c)crowd management at and near licensed premises;

(d)RSA training.

[1.49]New section 224A

insert

224ALicences and permits not personal property—PPS Act

For the Personal Property Securities Act 2009 (Cwlth), section 10, definition of personal property, a licence or permit is not personal property.

[1.50]New part 20

insert

Part 20Transitional

1. Definitions—pt 20

   In this part:

   commencement day means the day section 3 commences.

   new licence means a licence under this Act.

   old licence means a licence under the repealed Act.

   repealed Act means the LiquorAct 1975.

2. Transitional—old licensees applying for new licences

   (1)This section applies if a person—

   (a)holds an old licence before the commencement day; and

   (b)applies for a new licence—

   (i)before the old licence expires; and

   (ii)before the commencement day.

   (2)The application need not include—

   (a)a police certificate for the licensee, required under section 25 (2) (d) (i) (Licence—application), if the licensee has provided a police certificate for the licensee to the commissioner on or after 1 July 2010; or

   (b)the certificates and plans required under section 25 (2) (e).

   (3)At the time of making the application, the application need not include any other police certificate that is required under section 25 (2) (d), however—

   (a)the commissioner must not decide the application until the police certificate is provided; and

   (b)the required time for the application under section 27 (4) (b) (Licence—decision on application) is taken to include a police certificate to be provided under this subsection.

   (4)The application must include the following information about liquor purchased by the licensee during the previous financial year to be sold at the licensed premises:

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

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

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

   (5)In this section:

   gross wholesale price, for liquor—

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

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

3. Transitional—old licences and new applications

   (1)This section applies if a person applies for a new licence in accordance with section 251 (1).

   (2)The licensee need not comply with the public consultation provisions required under section 26 (Licence—public consultation).

   (3)The required time for the application under section 27 (4) (e) (Licence—decision on application) is taken to be 6 months after the day the commissioner receives the application.

   (4)The old licence remains in force until the application is decided and is, on the commencement day, taken to be a new licence of the same class and—

   (a)the new licence is taken to be—

   (i)in the same terms as the old licence; and

   (ii)subject to the same conditions as the old licence; and

   (b)a bar room at the licensed premises under the old licence is taken to be an adults-only area at the licensed premises under the new licence; and

   (c)an occupancy loading for the licensed premises under the old licence is taken to be an occupancy loading for the licensed premises under the new licence.

4. Transitional—old licences and occupancy loading

   (1)This section applies if—

   (a)a person applies for a new licence in accordance with section 251 (1); and

   (b)the commissioner decides to issue the new licence under section 27 (Licence—decision on application); and

   (c)the commissioner must decide the occupancy loading for each public area at the licensed premises under section 28 (Licence—occupancy loading).

   (2)The following sections do not apply to the decision under section 28:

   (a)section 85 (Occupancy loading decision);

   (b)section 86 (Fire engineering study and inspection).

   (3)In deciding the occupancy loading for a public area at the licensed premises, the commissioner must consider—

   (a) the occupancy loading under the old licence for the area; and

   (b)anything else the commissioner considers relevant.

1. Transitional—old liquor permits taken to be commercial permits

   (1)This section applies if a person holds a liquor permit under the repealed Act immediately before the commencement day.

   (2)The liquor permit is, on the commencement day, taken to be a commercial permit—

   (a)in the same terms as the liquor permit; and

   (b)subject to the same conditions as the liquor permit.

   (3)The commercial permit is taken to expire—

   (a)on the day stated in the liquor permit; or

   (b)if no date is stated in the liquor permit—3 months after the commencement day.

   (4)The commercial permit must not be amended, transferred or renewed.

2. Transitional—old non-profit organisation wine permits taken to be non‑commercial permits

   (1)This section applies if a person holds a non-profit organisation wine permit under the repealed Act immediately before the commencement day.

   (2)The non-profit organisation wine permit is, on the commencement day, taken to be a non‑commercial permit—

   (a)in the same terms as the non-profit organisation wine permit; and

   (b)subject to the same conditions as the non-profit organisation wine permit.

   (3)The non‑commercial permit is taken to expire—

   (a)on the day stated in the non-profit organisation wine permit; or

   (b)if no date is stated in the non-profit organisation wine permit—3 months after the commencement day.

   (4)The non‑commercial permit must not be amended, transferred or renewed.

3. Transitional—old tourism wine permits taken to be commercial permits

   (1)This section applies if a person holds a tourism wine permit under the repealed Act immediately before the commencement day.

   (2)The tourism wine permit is, on the commencement day, taken to be a commercial permit—

   (a)in the same terms as the tourism wine permit; and

   (b)subject to the same conditions as the tourism wine permit.

   (3)The commercial permit is taken to expire—

   (a)on the day stated in the tourism wine permit; or

   (b)if no date is stated in the tourism wine permit—3 months after the commencement day.

   (4)The commercial permit must not be amended, transferred or renewed.

4. Transitional—RSA certificates

   (1)This section applies if—

   (a)a person holds an old RSA certificate immediately before division 8.1 (Responsible service of alcohol) commences; and

   (b)the certificate was issued to the person not more than 2 years before division 8.1 commences.

   (2)The old RSA certificate is, on the commencement of division 8.1, taken to be a new RSA certificate that expires 1 year after division 8.1 commences.

   (3)In this section:

   new RSA certificate, for a person, means an RSA certificate issued under this Act for the person.

   old RSA certificate, for a person—

   (a)means a certificate stating—

   (i)that the person satisfactorily completed a course about the responsible service of alcohol on a stated day; and

   (ii)when the certificate was issued to the person; but

   (b)does not include a new RSA certificate.

5. Transitional regulations

   (1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act.

   (2)A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.

   (3)A regulation under subsection (2) has effect despite anything elsewhere in this Act.

6. Expiry—pt 20

   This part expires 3 years after the day it commences.

[1.51]Schedule 1, item 11

substitute

11 92 (2) refuse to amend approved risk‑assessment management plan licensee or permit‑holder

[1.52]Dictionary, new definition of ACAT Act

insert

ACAT Act means the ACT Civil and Administrative Tribunal Act 2008.

[1.53]Dictionary, definition of confidential provision

omit

[1.54]Dictionary, new definition of licensed premises

insert

licensed premises means premises that are the subject of a licence.

[1.55]Dictionary, definition of low‑alcohol liquor

omit

ethyl alcohol

substitute

ethanol

[1.56]Dictionary, new definition of permitted premises

insert

permitted premises means premises that are the subject of a permit.

Part 1.14Medicines, Poisons and Therapeutic Goods Regulation 2008

[1.57]Section 173 (2), definition of proof of age card

substitute

proof of age card means a proof of age card issued under—

(a)the Liquor Act 2010, section 210 (Proof of age cards); or

(b)the law of a state, an external territory or New Zealand.

Part 1.15Planning and Development Regulation 2008

[1.58]Dictionary, definition of community organisation, paragraph (c)

omit

Liquor Act 1975

substitute

Liquor Act 2010

Part 1.16Road Transport (Alcohol and Drugs) Act 1977

[1.59]Section 4A (1), definition of public place, paragraph (b)

substitute

(b)an area for the parking of motor vehicles on, or in the vicinity of, licensed premises or permitted premises; or

[1.60]Section 4A (2), definition of licensed premises

substitute

licensed premises—see the Liquor Act 2010, dictionary.

[1.61]Section 4A (2), new definition of permitted premises

insert

permitted premises—see the Liquor Act 2010, dictionary.

Part 1.17Road Transport (Driver Licensing) Act 1999

[1.62]Section 39 (2) (a)

substitute

(a)for the administration or enforcement of—

(i)the road transport legislation; or

(ii)the Liquor Act 2010, section 210 (Proof of age cards); or

[1.63]Section 39 (3) (a)

substitute

(a)for the administration or enforcement of—

(i)the road transport legislation; or

(ii)the Liquor Act 2010, section 210 (Proof of age cards); or

[1.64]Dictionary, definition of proof of age card

substitute

proof of age card means a proof of age card issued under the Liquor Act 2010, section 210 (Proof of age cards).

Part 1.18Road Transport (Driver Licensing) Regulation 2000

[1.65]Section 138B (2) (c)

omit

Liquor Act 1975

substitute

Liquor Act 2010

Part 1.19Road Transport (Public Passenger Services) Regulation 2002

[1.66]Dictionary, definition of liquor

omit

Liquor Act 1975

substitute

Liquor Act 2010

Part 1.20Second-hand Dealers Regulation 2002

[1.67]Dictionary, definition of proof of age card

substitute

proof of age card means a proof of age card issued under—

(a)the Liquor Act 2010, section 210 (Proof of age cards); or

(b)the law of a state, an external territory or New Zealand.

Part 1.21Security Industry Regulation 2003

[1.68]Section 6 (1) (g)

substitute

(g)an investigator under the Fair Trading (Consumer Affairs) Act 1973;

Part 1.22Tobacco Act 1927

[1.69]Section 8 (4), definition of licensed premises

omit

Liquor Act 1975

substitute

Liquor Act 2010

[1.70]Section 14 (6), definition of document of identification, paragraph (a) (ii)

omit

under the Liquor Act 1975

substitute

issued under the Liquor Act 2010, section 210 (Proof of age cards),

Part 1.23Trustee Act 1925

[1.71]Section 36 (6)

omit

Liquor Act 1975

substitute

Liquor Act 2010

Schedule 2Consequential amendments related to the Smoking (Prohibition in Enclosed Public Places) Amendment Act 2009

Part 2.1Liquor Act 2010

[2.1]Section 183 (1) (a) (vi)

substitute

(vi)the Smoke-Free Public Places Act2003;

[2.2]Section 183 (1) (b) (vi)

substitute

(vi)the Smoke-Free Public Places Act2003;

[2.3]Section 183 (1) (i) and (j)

substitute

(i)the licensee has allowed people to smoke in a part of the licensed premises that is—

(i)an enclosed public place; or

(ii)an outdoor eating or drinking place (other than a designated outdoor smoking area);

(j)the licensee has failed to take reasonable steps to prevent smoke from another area occupied by the licensee entering—

(i)an enclosed public place; or

(ii)an outdoor eating or drinking place (other than a designated outdoor smoking area).

[2.4]Section 184 (1) (a) (vi)

substitute

(vi)the Smoke-Free Public Places Act2003;

[2.5]Section 184 (1) (b) (vi)

substitute

(vi)the Smoke-Free Public Places Act2003;

[2.6]Section 184 (1) (i) and (j)

substitute

(i)the permit‑holder has allowed people to smoke in a part of the permitted premises that is—

(i)an enclosed public place; or

(ii)an outdoor eating or drinking place;

(j)the permit‑holder has failed to take reasonable steps to prevent smoke from another area occupied by the permit‑holder entering—

(i)an enclosed public place; or

(ii)an outdoor eating or drinking place.

[2.7]Dictionary, new definition of designated outdoor smoking area

insert

designated outdoor smoking area—see the Smoke-Free Public Places Act 2003, section 9F (2).

[2.8]Dictionary, definition of enclosed public place

substitute

enclosed public place—see the Smoke-Free Public Places Act 2003, dictionary.

[2.9]Dictionary, new definition of outdoor eating or drinking place

insert

outdoor eating or drinking place—see the Smoke-Free Public Places Act 2003, section 9A.

[2.10]Dictionary, definition of smoke

substitute

smoke—see the Smoke-Free Public Places Act 2003, section 5B.

Part 2.2Smoke-Free Public Places Act 2003

[2.11]Section 9F (1) (a) and (b)

omit

Liquor Act 1975

substitute

Liquor Act 2010

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 23 September 2010.

2. Notification

   Notified under the Legislation Act on 8 November 2010.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Liquor (Consequential Amendments) Bill 2010, which was passed by the Legislative Assembly on 28 October 2010.

   Acting Clerk of the Legislative Assembly

   © Australian Capital Territory 2010