Liquor Control Reform Act 1998 (Vic)

Version No. 109

Liquor Control Reform Act 1998

No. 94 of 1998

Version incorporating amendments as at

16 December 2023

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

3AWhat is amenity?

3AAEvidence constituting detraction from or detriment to amenity of area

3ABWhat is intoxication?

3ACWho is an associate?

3BWhere supply occurs if off-premises request made

4Objects

5Liquor Control Advisory Council

6Act not to apply in certain cases

6AExemption from Act—bed and breakfast businesses

6BExemption from Act—florist or giftmaker

6CExemption from Act—hairdressers

6DExemption from Act—butchers

6EExemption from Act—hospitals

6FExemption from Act—residential care services

6GExemption from Act—retirement villages

6HExemption from Act—cruise ships

Part 2—Licences and BYO permits

Division 1—Categories of licences and permits

7What are the categories of licences and permits that may be issued under this Act?

8General licence

9On-premises licence

9ARestaurant and cafe licence

10Club licence

11Packaged liquor licence

11ALate night licence

11BRemote seller's packaged liquor licence

12Pre-retail licence

13Producer's licence

14Limited licence

14AMajor event licence

14BDetermination of major event

15BYO permit

15AANZAC Day restrictions

15BExemptions from ANZAC Day restrictions—Duty free shops and aircraft

15CExemptions from ANZAC Day restrictions—Residents and guests

15DExemptions from ANZAC Day restrictions—Wineries

15ESexually explicit entertainment licence condition—fees

16Licence and permit condition—compliance with planning scheme

17Licence condition—extended hours

18Licence and permit condition—approval of directors

18BLicence condition—security cameras

18CLicence conditions—supply of liquor if off-premises request made

18DMinister may specify additional conditions in relation to supply of packaged liquor

Division 2—Additional authority of licences

1930-minute period for consumption of liquor after hours

20Gratuitous supply of liquor

21Bringing of liquor onto licensed premises

21ATaking away of unconsumed liquor from licensed premises

Division 3—Restrictions on grant of licences and BYO permits

22Certain premises not to be licensed

24Further restriction on grant of packaged liquor and late night (packaged liquor) licences

25Restrictions on grant of club licences

26Restriction on grant of limited licence

26ARestriction on grant of major event licence

26BRestriction on the grant of certain licences—approved responsible service of alcohol programs

26CApproval of responsible service of alcohol programs

Division 4—Applications for grant, variation, transfer and relocation of licences and BYO permits

27AADefinitions

27Who can apply for a licence or BYO permit?

28Form of application

29Application for variation of licence or BYO permit

30Procedure on application for variation by Chief Commissioner or licensing inspector

31Application for relocation of licence or BYO permit

32Application for transfer of licence or BYO permit

33Copy of application to be given to police and local council

34Public display of licence application

35Advertisement of licence application

36Notification of particular persons

37Guidelines

Division 5—Objections

38Objection on ground of amenity or harm

39Objection by Chief Commissioner

40Objection by local council

41Objection to licence by licensing inspector

42Commission may refuse to accept objection

43Withdrawal of objection

Division 6—Determination of applications

44Determination of uncontested applications

47Determination of contested application

48Commission may permit amendments and disregard errors

49Licence and BYO permit conditions

49AGrant, variation or relocation of licence and BYO permit takes effect in certain circumstances

49BSupply of liquor under licence or BYO permit that is not in effect

50Period of licence or BYO permit

50ANotice of right to use premises as licensed premises

50BTime transfer of licence or BYO permit takes effect

50CNotice of right to occupy

51Form of licence or BYO permit and endorsements

52Copy of licence or BYO permit

53Liability of joint and incorporated licensees or permittees and unincorporated clubs

53ACriminal liability of officers of bodies corporate—accessorial liability

53BCriminal liability of officers of bodies corporate—failure to exercise due diligence

53CCriminal liability of officers of bodies corporate—failure to exercise due diligence (evidential burden of proof)

54Nominee of licensee or permittee

55Transfer of club licence to incorporated association

56Concurrent dealing with transfer and relocation

57Effect of transfer or relocation

Division 7—Variation of licence or BYO permit by Commission

58Variation of licence or BYO permit at initiative of Commission

58ACorrecting mistakes

Division 7A—Late hour entry declarations

58BCommission may make late hour entry declarations

58CMaking a late hour entry declaration

58CATemporary late hour entry declaration

58DCommission may revoke or vary a late hour entry declaration

Division 8—Renewal of licences and BYO permits

59Licence to be renewed within 3 months

60Licence renewal after 3 months

61Notice of failure to renew licence or BYO permit

62Power to owner and others to renew licence

Division 8A—Cancellation of licence or BYO permit at request of owner or mortgagee

62AApplication for cancellation of a licence or BYO permit by owner or mortgagee

62BLicensee or permittee must be notified of application for cancellation

62CLicensee or permittee may object to cancellation of licence or BYO permit

62DDecision to cancel licence or BYO permit

Division 9—Surrender and lapse of licence or BYO permit

63Surrender of licence or BYO permit

64Release of licensee or permittee

65Partner leaving partnership

66Licence or permit lapses if not endorsed

Division 10—Provision of information

66AADefinitions

66ABSpecification of certain licences

66ACSpecification of certain licences as small business licences

66ADRequirement to provide wholesale information

66AInformation in relation to fees

Part 3—Special procedures for certain licences

Division 1—Club licences for amalgamated clubs

67Application by amalgamated club for a club licence

68Objection to grant of licence to amalgamated club

69Grant of licence to amalgamated club

70Division does not affect Division 4 of Part 2

Division 2—Casino premises

71Definitions

72Application of Division

73Requirements for an application to which this Division applies

74Grant of application

Division 3—Australian Grand Prix

75Definitions

76Application of Division

77Requirements for an application to which this Division applies

78Objection by Chief Commissioner

79Grant of application

Part 4—Authorisation of others to carry on licensed business

80Application by executors, trustees and administrators for endorsement on licence or BYO permit

81Application by owner or mortgagee of licensed premises for endorsement on licence or BYO permit

82Application procedure

83Objection by Chief Commissioner

84Grant of application

85Endorsement at initiative of Commission

86Effect of endorsement

Part 4A—Demerits Register

86AADefinitions

86ADemerits Register

86BCommission to record demerit points

86CRecord of day on which offence was committed

86DCommission must notify licensee or permittee when demerit point is incurred

86EAutomatic suspension of licence or permit if certain number of demerit points incurred

86FDate of commencement of suspension

86GNotice of suspension

86HMinister may suspend, cancel or delay a suspension

86HADemerit points automatically removed on transfer of licence or permit

86ICommission may remove demerit points of transferee who has relevant relationship

86IAReinstatement of removed demerit points in the Register

86IBNotice of proposed reinstatement of demerit points and determination

86JDemerit point automatically deducted after 3 years

86KCommission may publish details of licences and permits

Part 6—Inquiries and disciplinary provisions

Division 1—Disciplinary action against licensee or permittee

90Definitions

91Inquiry into whether there are grounds to take disciplinary action

92Licensee or permittee to be given notice of any inquiry under this Division

92AOther interested persons to be given notice of any inquiry under this Division

93Commission's determination following inquiry into existence of grounds for disciplinary action

93ADisciplinary action that is a cancellation, suspension or variation of licence or permit

93BDisciplinary action that is a fine

93CDisciplinary action that is a letter of censure

93DDisqualification

93EEndorsement of licence or permit by Commission

Division 2—Licence or permit cancellation or suspension in other circumstances

94Inquiry into amenity or disuse

94ACommission must give notice of proposal to conduct inquiry under section 94

94BOther interested persons to be given notice of proposal to conduct inquiry under section 94

95Cancellation, suspension or variation of licence or BYO permit by Commission

96ASuspension by police

96BSuspension by Commission

96CEvidentiary matters

Division 3—Effect of suspension

97Effect of suspension of licence or permit

Division 4—Breach notices

97AService of breach notice

97BVariation or suspension of licence

Part 7—Obligations of owners, mortgagees, licensees and permittees

98Owners and mortgagees of licensed premises

99Refreshments to be available

99AFree drinking water to be provided at licensed premises

99BExemption from requirement to provide free drinking water—without application

99CExemption from requirement to provide free drinking water—on application

99DMatters Commission must consider when exempting licensees from free drinking water requirements

100Residents' register

101Copy of licence or permit to be displayed on premises

101BPlan of premises to be retained and produced for inspection

102Notices required by the Commission must be displayed

103Change of directors

103AChange of associates

104Approval of directors

105No letting or sub-letting without consent

106Control of business of supply of liquor

106ALessees etc. are liable for offences

106BRequirement to notify Commission that sexually explicit entertainment provided on licensed premises

Part 7A—Barring orders

106CDefinitions

106DBarring orders

106EPolice must produce proof of identity

106FContent of barring order

106GDuration of barring order

106HRequirement to give name and address

106IVariation and revocation of barring order

106JOffences

106KLicensee or permittee must keep records of barring orders

Part 8—Offences and enforcement

Division 1—General offences

107Unlicensed selling of liquor

108Offences by licensee and permittee

108AALicensee must complete refresher approved responsible service of alcohol programs

108ABLicensee must ensure staff complete approved responsible service of alcohol programs

108ACLicensee must ensure staff complete refresher approved responsible service of alcohol programs

108ADLicensee must keep RSA certificates

108AELicensee must produce RSA certificates for inspection

108AFExemption from approved responsible service of alcohol program requirements—without application

108AGExemption from approved responsible service of alcohol program requirements—on application

108AHMatters Commission must consider when exempting licensees from responsible service of alcohol program requirements

108BCorporate licensee must provide details of directors

109Taking orders for liquor at unlicensed premises

109ASale of liquor through vending machines

109BWritten notice for delivery of liquor supplied by off-premises request

109CPerson must not deliver liquor supplied by off-premises request to intoxicated persons

110Holding out

111Bringing liquor to premises outside trading hours

112Keeping liquor in unlicensed club

113Consuming or having liquor on unlicensed premises

113AConsumption of liquor on party buses

114Offences by persons other than licensee or permittee

115Betting on licensed premises

115AProhibited advertising or promotion

115BCertain advertising prohibited within 150 metres of school

115CNo compensation

116Falsely indicating that premises are licensed

117Procuring transfer by fraud

118False or misleading statements

Division 1A—Restrictions on the supply of liquor and other alcoholic products

118ARestrictions on retail supply of alcohol‑based food essences

118BRegulations prohibiting supply of classes of liquor

Division 2—Underage drinking

119Supplying liquor to minors

119APerson must not deliver liquor to a person who is under 18 years of age

120Allowing minors on licensed or authorised premises

121Sending minor to obtain liquor

122Permitting minor to supply liquor

123Offences by minors

124Wrongful dealing in evidence of age document

125Offence to falsely procure proof of age card

Division 3—Investigatory powers

125AApplication of powers conferred on protective services officers under this Division

126Power to demand suspected minor to give his or her age

127Seizure of evidence of age document

128Seizure of liquor from minors

129Right of entry

130Powers of authorised persons

130APower to require names and addresses

130BSearch warrants

130CAnnouncement before entry

130DCopy of warrant to be given to occupier

130EOffences relating to obstruction of authorised persons

130FProtection against self-incrimination

131Power to seize liquor in certain cases

132Police to assist if person asked to leave premises

133CAccess to seized documents

133DUse of equipment to examine or process documents

133EUse or seizure of electronic equipment at premises

Division 3A—Undertakings by licensees

133FUndertakings

133GRegister of undertakings

Division 3B—Injunctive relief

133HInjunctions to restrain conduct

133IInjunctions to do an act or thing

133JInterim injunctions

133KPower to rescind or vary injunctions

133LUndertakings as to damages and costs

Division 4—Legal proceedings

134Presumption as to holder of licence or permit

135Averments

136Sufficient evidence of certain matters

137Copies of certain documents

138Property forfeited

139Concurrent proceedings

140Notice of conviction

Division 5—Infringement notices

141Power to serve an infringement notice

144Infringement penalties

146Effect of expiation

Division 6—Liquor accords

146ADefinitions

146BLiquor accord terms

146CCompetition and Consumer Act and Competition Code

146DInformation disclosure in relation to liquor accord bans

146DALicensee or permittee must not disclose confidential information

146DBLicensee or permittee may consult with police in relation to liquor accord

Division 7—Advanced RSA programs

146EApproval of advanced RSA programs

146FDirection to complete approved advanced RSA program

Part 8A—Banning notices and exclusion orders

Division 1—Designated areas

147Order declaring designated area

148Court proceedings regarding Order

148AVariation and revocation of Order

Division 2—Banning notices

148BIssue of banning notice

148CContent of banning notice

148DRequirement to give name and address

148EVariation and revocation of banning notice

148FOffence to contravene banning notice or fail to comply with police directions

148GDirection to leave designated area or licensed premises

148HPolice may use reasonable force to remove person

Division 3—Exclusion orders

148IExclusion orders

148JOffence to contravene exclusion order or fail to comply with police directions

148KDirection to leave designated area or licensed premises

148LPolice may use reasonable force to remove person

148MVariation of exclusion order

Division 4—General

148OLicensed premises include authorised premises

148PDisclosure of information for enforcement purposes

148QOffence to permit contravention of banning notice or exclusion order

148RAnnual report by Chief Commissioner

Part 8B—Closure and evacuation of licensed premises for fire and emergency purposes

Division 1—Preliminary

148SDefinitions

Division 2—Power of entry and inspection

148TAppointment of fire safety inspector

148UFire safety inspector's identity card

148VProduction of identity card

148WEntry and search of certain premises for serious fire threat

148XSearch of premises after entry authorised by any other Act

148YRequirement to assist the fire safety inspector during search of certain premises

148ZRefusal or failure to comply with requirement

148ZAOffence to refuse entry to a fire safety inspector

148ZBOffence to give false or misleading information

Division 3—Closure and evacuation notices

148ZCAdvice of fire safety inspector as to serious fire threat

148ZDIssue of closure and evacuation notice

148ZEService of closure and evacuation notice

148ZFIssue and service of subsequent notice

148ZGContent of closure and evacuation notice

148ZHDirection to leave licensed premises

148ZIFire safety inspector may request assistance of police

148ZJOffence to fail or refuse to comply with a closure and evacuation notice or direction

148ZKOffence to allow entry

148ZLSign must be displayed

148ZMInjunction to prevent or restrain a contravention

148ZNNotification of completion of rectification work

148ZOInspection by fire safety inspector of rectification work

148ZPRevocation of closure and evacuation notice and subsequent notice

148ZQGiving advice or a decision in writing or orally

Division 5—General

148ZSDisclosure of information for enforcement purposes

148ZTDisclosure of information by the Commission

148ZXPower to serve an infringement notice

148ZYInfringement penalties

Part 9—Administration

Division 1—Statements of reasons

149Request for statement of reasons for decision

150Content of statement of reasons and by when they must be given

Division 2—Internal review

151Definitions

152Reviewable decisions

153Applications for internal review

154Notification of certain persons of application for internal review

155Commission on review must not include commissioner who made the reviewable decision

156Commission on review must include Chairperson or a Deputy Chairperson

157Decisions on internal review

158Review of reviewable decisions relating to refusals to grant licence or BYO permit

159Review of reviewable decisions relating to late hour entry declarations

160Applications for internal review do not affect operation of reviewable decisions

Division 2A—Compulsory conferences

161Main purposes of compulsory conference

162Commission may refer internal review to compulsory conference

163Notice of compulsory conference

164Conduct of compulsory conference

165Objection to commissioner who conducted compulsory conference being part of Commission on review under Division 2

166Failure to attend a compulsory conference

167Evidence inadmissible in internal review by Commission

Division 3—Review by VCAT

169Application for review of internal review decisions under Division 2 of this Part

170Time limit for applying for review

Division 4—Licensing inspectors

172Licensing inspectors

Division 5—Appeals on questions of law

172AAppeal to Supreme Court

Part 9A—Victorian Liquor Commission

Division 1—Establishment, functions and powers

172BEstablishment of Commission

172CCommission represents the Crown

172DFunctions of Commission

172EPowers of Commission

Division 2—Membership of Commission

172FConstitution of Commission

172GEligibility for appointment

172HChairperson

172IDeputy Chairperson

172JAdditional commissioners

172KSessional commissioners

172LTerm of appointment and remuneration

172MActing appointments

172NVacancies and resignation

172OValidity of decisions

172PDisclosure of interests

172QProtection from liability

172RIdentity cards

Division 3—Staffing and delegation

172SStaffing the Commission

172TDelegation

Division 4—Performance and exercise of the Commission's functions and powers

172UBasic requirement

172VMinisterial directions

172WHow may Commission's functions and powers be performed or exercised?

172XMeetings and inquiries generally

172YMeetings

172ZAre Commission meetings and inquiries open to the public?

Division 5—Liquor inspectors

172ZAAppointment

172ZBCriminal records check

172ZCFunctions and powers of liquor inspectors

172ZDIdentity cards

Part 9B—Investigations and inquiries of Commission

Division 1—Investigations

172ZEGeneral power of investigation

Division 2—Inquiries

Subdivision 1—Inquiries generally

172ZFInquiries by Commission

172ZGConduct of inquiry

Subdivision 2—Community interest inquiries

172ZHCommunity interest inquiries

172ZIProcedure for community interest inquiries

172ZJMinister may require interim report

172ZKFinal report to be provided to Minister

Part 10—General

173Service of notices and other documents

174Extension of time for objections

175Application of Gambling Regulation Act 2003

176Issue of proof of age cards

177Treasurer may make payments

178Treasurer may require information

178ADelegation

179Records to be made and kept by certain licensees

180Regulations

Part 11—Repeals, consequential amendments and transitionals

182Savings and transitional provisions

183Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013

184Transitional provision—Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act 2014

Schedules

Schedule 1––Club licences

Schedule 2––Specified offences for the purposes of banning notices and exclusion orders

Schedule 3––Savings and transitional provisions

Schedule 4––Transitional provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011

Schedule 5—Transitional provisions—Liquor and Gambling Legislation Amendment Act 2018

Schedule 6—Transitional provisions—Liquor Control Reform Amendment Act 2021

Schedule 7—Transitional provisions—Gambling and Liquor Legislation Amendment Act 2022

Schedule 8—Transitional provisions— Casino and Liquor Legislation Amendment Act 2022

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 109

Liquor Control Reform Act 1998

No. 94 of 1998

Version incorporating amendments as at

16 December 2023

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to reform the law relating to the supply and consumption of liquor.

2Commencement

(1)This Part comes into operation on the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 1 July 1999, it comes into operation on that day.

3Definitions

(1)In this Act—

alcohol-based food essence means a food flavouring preparation in liquid form intended for human consumption with an alcoholic content greater than 0×5% by volume at a temperature of 20° Celsius;

alcohol-related violence or disorder means violence or disorder resulting from or related to the consumption of alcohol (whether or not the alcohol is consumed in the place where the violence or disorder occurs);

amenity has the meaning given by section 3A;

approved advanced RSA program means a training program approved by the Commission under section 146E;

approved responsible service of alcohol program means—

(a)an initial training program approved by the Commission under section 26C; or

(b)in relation to a person who has previously completed an initial training program referred to in paragraph (a), a refresher training program approved by the Commission under section 26C;

*                *                *                *                *

associate has the meaning given in section 3AC;

*                *                *                *                *

authorised gaming visitor means a person—

(a)who is on licensed premises in respect of which a venue operator's licence is in force; and

(b)in the case of licensed premises within the municipal district of a Council mentioned in the Schedule to the Public Holidays Act 1993, who resides more than 5 kilometres from the licensed premises; and

(c)in the case of licensed premises that are not within the municipal district of a Council mentioned in the Schedule to the Public Holidays Act 1993, who resides more than 10 kilometres, or any other distance which is determined by the Minister under subsection (2), from the licensed premises; and

(d)whose name, residential address and date of admission to the licensed premises is recorded on the register of authorised gaming visitors required to be kept under section 10(4)(b)(ii);

*                *                *                *                *

authorised notifier means—

(a)Victoria Police; or

(b)a court, tribunal or other entity involved in the administration of the criminal justice system in Victoria; or

(c)any other authority or person responsible for the enforcement, investigation or prosecution of offences under this Act; or

(d)a member, employee or delegate of an entity referred to in paragraph (a), (b) or (c);

authorised person means—

(a)a commissioner; or

(b)a liquor inspector; or

(c)a police officer;

authorised premises means premises referred to in section 9(1)(b), 9A(1)(b) or 11A(3)(b);

banning notice means a notice given under section 148B;

barring order means an order served under section 106D, whether or not the order is varied under section 106I;

bed and breakfast business means a business that provides temporary accommodation, other than dormitory style accommodation, for not more than 8 adults in the course of that business;

breach notice means a notice served by the Commission under section 97A;

butcher business means a business whose primary function is to sell raw meat or fish on a retail basis for human consumption, but does not include a business where meat is sold to be consumed on the premises;

BYO permit means a BYO permit granted under this Act;

Chief Commissioner means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;

Commission means the Victorian Liquor Commission established by section 172B;

commissioner means a member of the Commission appointed under Division 2 of Part 9A;

*                *                *                *                *

community interest inquiry means an inquiry referred to in section 172ZH;

contested application means—

(a)an application for the grant, variation, transfer or relocation of a licence or BYO permit in respect of which any objections are received under Division 5 of Part 2 within the period set out in that Division for those objections (or that period as extended under section 174); or

(b)an application under section 30 for the variation of a licence or BYO permit in respect of which an objection is received under section 30(b) within the period set out in that section for that objection (or that period as extended under section 174);

convenience store means a milk bar, mixed business or other premises of not more than 240 square metres on which food, drinks and other convenience goods are sold;

co-operative has the same meaning as in the Co‑operatives National Law (Victoria);

Council has the same meaning as in the Local Government Act 2020;

cruise ship means a ship that—

(a)has sleeping facilities for at least 100 passengers, other than crew members; and

(b)is used to transport passengers for a fee, whether within or outside State waters or in the course of overseas or interstate journeys;

designated area means an area declared under section 147 to be a designated area for the purposes of Part 8A;

designated place has the same meaning as in the Victoria Police Act 2013;

*                *                *                *                *

director of a body corporate includes—

(a)any person occupying or acting in the position of director of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

(b)any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act;

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

driver licence means a driver licence issued under the Road Safety Act 1986;

emergency area, in relation to a state of emergency, means the area in which the state of emergency exists as specified in the declaration under section 198 of the Public Health and Wellbeing Act 2008;

event includes a series of events;

evidence of age document means—

(a)a proof of age card or a card issued in another State or a Territory that is the equivalent of a proof of age card; or

(b)a driver licence or a licence issued in another State or a Territory that is the equivalent of a driver licence; or

(c)an Australian or foreign passport; or

(d)a document issued—

(i)by a person; or

(ii)on behalf of a government department or agency—

approved by the Minister that bears a photograph of the person to whom it is issued and enables that person's age to be determined;

exclusion order means an order made by a court under section 148I;

family violence has the same meaning as in the Family Violence Protection Act 2008;

florist or giftmaker business means a business whose primary function is to sell flowers, food or other products that are packaged as, or intended to be, gifts;

food court means an area set aside on a retail premises for the consumption of food or drink by the customers of premises used for the sale of food or drink that are next to, or near, the area;

*                *                *                *                *

guardian, in relation to a person who is under the age of 18 years, means a person who is authorised by law to manage the affairs of that young person;

guest—

(a)in relation to licensed premises under a general licence or late night (general) licence, means a person introduced to the premises by a resident; and

(b)in relation to licensed premises under a club licence, means a person introduced to the club by a member in accordance with the rules of the club;

hairdresser business means a business whose primary function is to provide hairdressing or barber services;

harm means harm arising from the misuse and abuse of alcohol, including—

(a)harm to minors, vulnerable persons or communities, including groups within communities; and

(b)family violence; and

(c)anti-social behaviour, including behaviour that causes personal injury or property damage;

highway service centre means a building or place that is used to provide refreshments and vehicle services to highway (including freeway) users which—

(a)includes a petrol station; and

(b)includes one or more businesses that supply take away food and drink; and

(c)operates 24 hours a day, 7 days a week;

homeless person has the same meaning as in the Magistrates' Court Act 1989;

hospital means any of the following—

(a)a denominational hospital within the meaning of the Health Services Act 1988;

(b)a designated public hospital within the meaning of the Health Services Act 1988;

(c)a metropolitan hospital within the meaning of the Health Services Act 1988;

(d)a private hospital within the meaning of the Health Services Act 1988;

(e)a privately-operated hospital within the meaning of the Health Services Act 1988;

(f)a public hospital within the meaning of the Health Services Act 1988;

infringement notice has the same meaning as in the Infringements Act 2006;

infringement penalty has the same meaning as in the Infringements Act 2006;

*                *                *                *                *

*                *                *                *                *

late hour entry declaration means a declaration made under section 58B;

late night trading hours in relation to a licence or BYO permit, means a continuous period from 1 a.m. on a particular day, where the licence or permit also authorises the supply of liquor up to 1 a.m. on that day;

licencemeans a licence granted under this Act;

licensed premises means the premises in respect of which a licence (other than a pre-retail licence) or BYO permit is granted but does not include premises referred to in section 13(1)(a) (producer's licence);

licenseemeans the holder of a licence;

licensing inspector means a person appointed as a licensing inspector under section 172;

liquor means a beverage, or other prescribed substance, intended for human consumption with an alcoholic content greater than 0×5% by volume at a temperature of 20° Celsius;

liquor inspector means a person appointed as a liquor inspector under section 172ZA;

liquor that is the licensee's product means liquor that is—

(a)beer, wine, cider or a spirit that—

(i)in the case of beer, has been brewed by or at the direction of the licensee and the licensee has assumed the financial risk of the production of the beer; and

(ii)in the case of wine, cider or a spirit that is brandy—

(A)has been made from fruit grown by the licensee who has assumed the financial risk of the production; or

(B)has been made under the direction of the licensee from fruit grown in Australia that was not grown by the licensee who has assumed the financial risk of the production; and

(iii)in the case of a spirit that is not brandy, has been distilled by or at the direction of the licensee and the licensee has assumed the financial risk of the production of the spirit; or

(b)mead that has been made by or at the direction of the licensee and the licensee has assumed the financial risk of the production of the mead; or

(c)sake that has been brewed by or at the direction of the licensee and the licensee has assumed the financial risk of the production of the sake; or

(d)any other prescribed substance;

live music event means an event at which takes place the creation or manipulation of sound for artistic, cultural or religious purposes, and which is performed to an audience;

major event means an event determined or taken under section 14B to be a major event;

municipal district has the same meaning as in the Local Government Act 2020;

nominee of a licensee or permittee, means a person approved under section 54 as nominee of that licensee or permittee;

non-compliance incident, in relation to a licence or permit, means—

(a)the payment of an infringement penalty in an infringement notice served on the licensee or permittee for an offence under section 108(4), 119 or 120; or

(b)the making of an order under section 59 of the Infringements Act 2006 in respect of an offence under section 108(4), 119 or 120; or

(c)the commencement of a payment plan in respect of an infringement notice served on the licensee or permittee for an offence under section 108(4), 119 or 120; or

(d)the successful prosecution of the licensee or permittee for an offence under section 108(4), 119 or 120;

off-premises request means a request for the supply of liquor, whether made by mail, telephone, facsimile, internet or other electronic communication, by a person who is not on the licensee's licensed premises at the time the request is made;

ordinary trading hours means—

(a)in relation to a general licence, late night (general) licence, on‑premises licence, late night (on-premises) licence or restaurant and cafe licence—

(i)the hours between 7 a.m. and 11 p.m. on each day, other than Sunday, Good Friday or ANZAC Day; and

(ii)the hours between 10 a.m. and 11 p.m. on Sunday; and

(iii)the hours between 12 noon and 11 p.m. on Good Friday and ANZAC Day;

(b)in relation to a club licence—

(i)any time on any day other than Sunday, Good Friday or ANZAC Day; and

(ii)the hours between 10 a.m. and 11 p.m. on Sunday; and

(iii)the hours between 12 noon and 11 p.m. on Good Friday and ANZAC Day;

(c)in relation to a packaged liquor licence, a late night (packaged liquor) licence or a remote seller's packaged liquor licence—

(i)the hours between 9 a.m. and 11 p.m. on each day, other than Sunday, Good Friday, ANZAC Day or Christmas Day; and

(ii)the hours between 10 a.m. and 11 p.m. on Sunday; and

(iii)the hours between 12 noon and 11 p.m. on ANZAC Day;

(d)in relation to a producer's licence—

(i)the hours between 7 a.m. and 11 p.m. on each day, other than Sunday, Good Friday or ANZAC Day; and

(ii)the hours between 10 a.m. and 11 p.m. on Sunday, Good Friday and ANZAC Day;

(e)in addition to the ordinary trading hours referred to in paragraph (a) in relation to a restaurant and cafe licence, the hours between 1 a.m. and 3 a.m. on 1 January;

owner of premises, means the person for the time being entitled to receive either on their own account or as mortgagee or other encumbrancer the rent of the premises or who would be so entitled if the premises were let at a rent;

pandemic declaration means a pandemic declaration made under section 165AB of the Public Health and Wellbeing Act 2008;

pandemic management area has the same meaning as in the Public Health and Wellbeing Act 2008;

party bus has the meaning set out in section 113A;

permit means a BYO permit;

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permittee means the holder of a BYO permit;

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premisesincludes a vehicle, vessel and aircraft;

primary premises, in relation to a producer's licence under section 13, means premises occupied and used by the licensee—

(a)for the production, storage or distribution of liquor that is the licensee's product; and

(b)for the supply of liquor that is the licensee's product for consumption on or off the premises; and

(c)for the supply of liquor that is not the licensee's product for consumption on the licensed premises; and

(d)for the supply of packaged liquor that is the licensee's product to a person who makes an off-premises request;

promotional event includes but is not limited to a craft market, farmers' market, commercial market, festival, agricultural show, food and wine event, gallery opening, fair or local event but does not include a major event or horse-racing event;

proof of age card means a document issued by the Commission under section 176;

protective services officer has the same meaning as in the Victoria Police Act 2013;

Register means the Demerits Register established under section 86A;

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residence, in sections 119 and 123, means—

(a)a building or part of a building used as a separate residence; and

(b)any land, building or part of a building used for a purpose ancillary to the use of a building or part of a building as a separate residence—

but does not include licensed premises;

resident, in relation to licensed premises, means a person (other than the licensee or permittee) residing or lodging on the licensed premises;

residential care service has the same meaning as in the Health Services Act 1988;

responsible adult, in relation to a person who is under the age of 18 years, means a person who is of or over the age of 18 years and who is—

(a)the younger person's parent, step‑parent, guardian or grandparent; or

(b)the younger person's spouse; or

(c)a person who is acting in place of a parent and who could reasonably be expected to exercise responsible supervision of the younger person;

responsible person means a person responsible for the management or control of licensed premises;

retail premises, in relation to a producer's licence under section 13, means premises occupied and used by the licensee for the supply of liquor that is the licensee's product for consumption off the premises;

retirement village has the same meaning as in the Retirement Villages Act 1986;

RSA certificate means a document that is a copy of the most recent certificate or report evidencing completion of an approved responsible service of alcohol program issued to—

(a)the licensee or responsible person; or

(b)each person who sells, offers for sale or serves liquor on the licensed premises;

Secretary means Secretary to the Department of Justice and Community Safety;

sexually explicit entertainment means live entertainment that may be performed for an audience, by a person or persons performing an act of an explicit sexual nature;

specified offence, in relation to a banning notice or an exclusion order, means an offence specified in Schedule 2;

spouse of a person means a person to whom the person is married;

state of emergency means a state of emergency declared under section 198 of the Public Health and Wellbeing Act 2008;

state of intoxication has the meaning given by section 3AB(1);

successful prosecution means a prosecution which results in a licensee or permittee being convicted or found guilty of an offence against section 108(4), 119 or 120;

supplyincludes sell, offer or expose for sale, exchange, dispose of and give away;

TAFE institute has the same meaning as in the Education and Training Reform Act 2006;

tax officer has the same meaning as in the Taxation Administration Act 1997;

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uncontested application means an application for the grant, variation, transfer or relocation of a licence or BYO permit in respect of which no objection is received under Division 5 of Part 2 within the period set out in that Division for that objection (or that period as extended under section 174);

university has the same meaning as in the Education and Training Reform Act 2006;

vending machine means a machine or device that is designed to enable the purchase of items stored in the machine or device by the insertion of money, a token, a card or a similar object into the machine or device or by way of contactless card payment;

venue operator's licence has the same meaning as in the Gambling Regulation Act 2003.

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(2)For the purposes of paragraph (c) of the definition of authorised gaming visitor the Minister may determine that an alternative distance of not less than 5 kilometres should apply if the Minister is satisfied that it is in the interests of the community to do so.

(3)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.

(4)A reference in this Act to the vicinity of licensed premises means a public place that is within 20 metres of the licensed premises, but is not the licensed premises.

3AWhat is amenity?

(1)For the purposes of this Act, the amenity of an area is the quality that the area has of being pleasant and agreeable.

(2)Factors that may be taken into account in determining whether the grant, variation or relocation of a licence would detract from or be detrimental to the amenity of an area include—

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(d)the possibility of nuisance or vandalism;

(e)the harmony and coherence of the environment;

(f)any other prescribed matters.

(3)Nothing in subsection (2) is intended to limit the definition of amenity.

3AAEvidence constituting detraction from or detriment to amenity of area

For the purposes of this Act, evidence of any of the following factors, which may occur inside, or a place outside a licensed premises that is sufficiently proximate to, that premises, are taken to constitute evidence of detraction from, or detriment to, the amenity of the area in which the licensed premises is situated—

(a)violent behaviour;

(b)drunkenness;

(c)vandalism;

(d)using profane, indecent or obscene language;

(e)using threatening, abusive or insulting language;

(f)behaving in a riotous, indecent, offensive or insulting manner;

(g)disorderly behaviour;

(h)causing nuisance;

(i)noise disturbance to occupiers of other premises;

(j)obstructing a footpath, street or road;

(k)littering.

3ABWhat is intoxication?

(1)For the purposes of this Act, a person is in a state of intoxication if his or her speech, balance, co‑ordination or behaviour is noticeably affected and there are reasonable grounds for believing that this is the result of the consumption of liquor.

(2)The Commission must issue guidelines containing information about how to determine whether a person is in a state of intoxication for the purposes of this Act, the Casino Control Act 1991 or the Gambling Regulation Act 2003.

3ACWho is an associate?

(1)For the purposes of this Act, an associate of a person (the first person) is—

(a)a person who—

(i)holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in any business of the first person involving the sale of liquor; and

(ii)by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or

(b)a person who is or will be a director, whether in right of the person or on behalf of any other person, of any business of the first person involving the sale of liquor; or

(c)if the first person is a natural person, a person who is a relative of the first person, other than a relative—

(i)who is not, and has never been, involved in any business of the first person involving the sale of liquor; or

(ii)who will not be involved in the business the first person proposes to conduct as a licensee or permittee.

(2)In this section—

relative, in relation to a person, means—

(a)the spouse or domestic partner of the person; or

(b)a parent, son, daughter, brother or sister of the person; or

(c)a parent, son, daughter, brother or sister of the spouse or domestic partner of the person;

relevant financial interest, in relation to a business involving the sale of liquor, means—

(a)any share in the capital of the business; or

(b)any entitlement to receive any income derived from the business; or

(c)any entitlement to receive any payment as a result of money advanced;

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

(a)to participate in any directorial, managerial, or executive decision; or

(b)to elect or appoint any person as a director.

3BWhere supply occurs if off-premises request made

For the purposes of this Act, if liquor is provided to a person who was not on licensed premises at the time the person ordered the liquor, the supply of the liquor to the person occurs at the place where the liquor provided was appropriated to the person's order.

Examples

1 A customer requests the home delivery of a carton of beer by phone from the manager of premises licensed to supply liquor for consumption off the premises. The customer pays for the beer by providing credit card details over the phone. The manager selects the beer from the fridge and a staff member delivers the beer to the customer's house. In this scenario the beer is supplied to the customer at the fridge because that is where it was appropriated to the customer's request.

2 A customer requests a home delivery of a carton of beer from the licensee of a remote seller's packaged liquor licence. The licensee does not have a retail premises open to the public and the licensee's licensed premises is a warehouse where liquor is stored. The customer places and pays for the request online. A staff member of the licensee selects the beer from the licensee's warehouse and packs it into a box for delivery. In this scenario the beer is supplied to the customer at the warehouse because that is where it was appropriated to the customer's request.

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4Objects

(1)The objects of this Act are—

(a)to contribute to minimising harm including by—

(i)providing adequate controls over the supply and consumption of liquor; and

(ii)ensuring as far as practicable that the supply of liquor contributes to, and does not detract from, the amenity of community life; and

(iii)restricting the supply of certain other alcoholic products; and

(iv)encouraging a culture of responsible consumption of alcohol and reducing risky drinking of alcohol and its impact on the community; and

(b)to facilitate the development of a diversity of licensed facilities reflecting community expectations; and

(c)to contribute to the responsible development of the liquor, licensed hospitality and live music industries; and

(d)to regulate licensed premises that provide sexually explicit entertainment.

(2)It is the intention of Parliament that every power, authority, discretion, jurisdiction and duty conferred or imposed by this Act must be exercised and performed with due regard to harm minimisation.

5Liquor Control Advisory Council

(1)There is established a Liquor Control Advisory Council to advise the Minister on problems of alcohol abuse and on any other matters referred to it by the Minister.

(2)The Council consists of a Chairperson and as many other members as the Minister considers it appropriate to appoint.

(3)In appointing a person to be a member of the Council, the Minister must be satisfied that the person has appropriate knowledge, experience or skills.

(4)A member holds office for the period, not exceeding 5 years, specified in the instrument of appointment and is eligible for re-appointment.

(5)A member is entitled to be paid any travelling and other allowances approved by the Minister.

(6)The Public Administration Act 2004 does not apply to a member of the Council in respect of the office of member.

(7)The Minister may remove a member from office.

(8)The Council may regulate its own procedure.

6Act not to apply in certain cases

This Act does not apply—

(a)to a person supplying spirituous or distilled perfume in good faith as perfumery; or

(b)to liquor supplied or consumed as part of a religious service; or

(c)to the supply or administration of liquor only as medicine or for medical purposes by or under the direction of—

(i)a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or

(ii)a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student); or

(d)to the supply or consumption of liquor at the Houses of Parliament by the permission and under the control of the Parliament; or

(e)to an auctioneer selling liquor by auction with the approval of the Commission on account of—

(i)a person—

(A)who has failed to renew their licence; or

(B)who has surrendered their licence; or

(C)whose licence has been cancelled—

within the preceding 3 months; or

(ii)a person who intends to surrender their licence within 3 months after the sale; or

(iii)a person whose licence will expire within 3 months after the sale and who does not intend to renew the licence; or

(f)to the official receiver or trustee in bankruptcy of a bankrupt estate selling liquor that is the property of that estate for the purposes of winding up that estate; or

(g)to an executor or administrator of the estate of a deceased person selling liquor that is the property of that estate for the purposes of winding up that estate; or

(h)to an insurer selling liquor to which the insurer has acquired title by virtue of a settlement of a claim made in good faith under a policy of insurance but not by purchase; or

(i)to a person not carrying on a business of supplying liquor who supplies liquor to a licensee; or

(j)to any of the following persons or entities selling by auction any liquor taken in execution or under any warrant of distress or forfeited—

(i)the Assistant Director, Asset Confiscation Operations in the Enforcement Management Division of the Department of Justice;

(ii)the sheriff or a person authorised by the sheriff;

(iii)a bailiff;

(iv)a police officer;

(v)the Commission;

(vi)a liquor inspector; or

(k)to the granting of allowances of liquor to the crew of a vessel.

6AExemption from Act—bed and breakfast businesses

(1)A person who carries on a bed and breakfast business is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor to a person staying at the bed and breakfast business if the following conditions are complied with—

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(b)the liquor is not supplied to a minor; and

(c)the proprietor of the business or the business purchased the liquor on a retail basis; and

(d)not more than 750ml of liquor is supplied in any one day per room that is occupied for the purposes of temporary accommodation.

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Note

It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.

6BExemption from Act—florist or giftmaker

(1)A person who carries on a florist or giftmaker business is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor by that business if the following conditions are met—

(a)the business only supplies liquor that is packaged together with flowers, food or other gifts; and

(b)the liquor is not supplied to a minor; and

(c)the business does not accept orders to supply liquor from a minor; and

(d)the proprietor of the business or the business purchased the liquor on a retail basis; and

(e)not more than 1·5 litres of liquor is supplied to each recipient in any one day; and

(f)the value of the liquor and its container is not more than 50 per cent of the total sale price of the supplied items.

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Note

It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.

6CExemption from Act—hairdressers

(1)A person who carries on a hairdresser business is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor to a customer by that business if the following conditions are met—

(a)the liquor is not supplied to a minor; and

(b)the liquor is consumed on the business premises; and

(c)the liquor is supplied without charge and the supply is ancillary to the provision of hairdressing or barber services.

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Note

It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.

6DExemption from Act—butchers

(1)A person who carries on a butcher business is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor by that business if the following conditions are met—

(a)the liquor is not supplied to a minor; and

(b)the liquor supplied is in sealed containers, bottles or cans for consumption off the business premises; and

(c)the liquor supplied is a type of liquor prescribed by the regulations; and

(d)not more than 1·5 litres of liquor is supplied to each recipient in any one day.

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Note

It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.

6EExemption from Act—hospitals

A person who owns or operates a hospital is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor to a patient of the hospital, or a visitor of the patient, if the following conditions are met—

(a)the liquor is not supplied to a minor; and

(b)the person purchased the liquor on a retail basis; and

(c)not more than 2 standard drinks are supplied to each recipient in any one day.

Note

It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.

6FExemption from Act—residential care services

A person who owns or operates a residential care service is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor to a resident of the residential care service, or a visitor of the resident, if the following conditions are met—

(a)the liquor is not supplied to a minor; and

(b)the person purchased the liquor on a retail basis; and

(c)not more than 2 standard drinks are supplied to each recipient in any one day.

Note

It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.

6GExemption from Act—retirement villages

A person who owns or operates a retirement village is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor to a resident of the retirement village, or a visitor of the resident, if the following conditions are met—

(a)the liquor is not supplied to a minor; and

(b)the person purchased the liquor on a retail basis; and

(c)not more than 2 standard drinks are supplied to each recipient in any one day.

Note

It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.

6HExemption from Act—cruise ships

A person who owns or operates a cruise ship is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor by that person, if the following conditions are met—

(a)the liquor is only supplied to the registered passengers or crew members of the cruise ship; and

(b)the liquor is only supplied for consumption aboard the cruise ship.

Note

It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.

PART 2—LICENCES AND BYO PERMITS

Division 1—Categories of licences and permits

7What are the categories of licences and permits that may be issued under this Act?

The following licences and permits may be issued under this Act—

(a)general licence;

(b)on-premises licence;

(c)restaurant and cafe licence;

(d)club licence;

(e)packaged liquor licence;

(f)late night licence;

(fa)remote seller's packaged liquor licence;

(g)pre-retail licence;

(h)producer's licence;

(i)limited licence;

(j)major event licence;

(k)BYO permit.

8General licence

(1)A general licence authorises the licensee—

(a)to supply liquor on the licensed premises—

(i)during ordinary trading hours; and

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(iii)subject to section 15A, between a time (not being earlier than 5 a.m.) before the commencement of ordinary trading hours and the commencement of ordinary trading hours on a particular day, if so determined by the Commission and specified in the licence—

for consumption on and off the licensed premises; and

(b)to supply liquor on the licensed premises at any time to a resident of the licensed premises or a guest of such a resident for consumption on the licensed premises; and

(ba)to supply liquor on the licensed premises between 11 p.m. on any particular day until 1 a.m. on the following day for consumption on the licensed premises and, if so determined by the Commission and specified in the licence, for consumption off the licensed premises; and

(c)if the licensee resides on the licensed premises, to supply liquor on that part of the licensed premises set aside for the licensee's private residence at any time to a guest of the licensee for consumption on that part of the licensed premises; and

(d)to supply liquor to a person who makes an off-premises request.

(2)A general licence is subject to—

(a)the condition set out in section 16 (compliance with planning scheme); and

(b)if the licence authorises the licensee to supply liquor outside ordinary trading hours (except as provided in subsection (1)(b) or (c)), the condition set out in section 17(1); and

(c)if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and

(ca)the condition that the supply of liquor only for consumption off the licensed premises must not be the whole of the licensee's ordinary business of supplying liquor; and

(cb)the condition that the licensee notifies the Commission before commencing the supply of liquor by off-premises request; and

(cc)if the licensee commences the supply of liquor by off-premises request, the conditions set out in section 18C (supply of liquor if off-premises request made); and

(cd)the condition that the licensee must not allow liquor to be delivered except during ordinary trading hours; and

(ce)the condition that the licensee comply with any Ministerial order that imposes additional requirements on licences that authorise the supply of packaged liquor; and

(d)any other conditions determined by the Commission and specified in the licence.

(3)For the purposes of subsection (2)(ca), gratuitous supply of liquor under section 20 does not affect whether the supply of liquor only for consumption off the licensed premises is the whole of the licensee's ordinary business of supplying liquor.

(4)Nothing in this section affects any existing obligation that applies to the licensed premises under a planning scheme within the meaning of the Planning and Environment Act 1987.

9On-premises licence

(1)An on-premises licence authorises the licensee—

(a)to supply liquor on the licensed premises—

(i)during ordinary trading hours; and

(ii)between 11 p.m. on any particular day until 1 a.m. on the following day; and

(iii)subject to section 15A, between a time (not being earlier than 5 a.m.) before the commencement of ordinary trading hours and the commencement of ordinary trading hours on a particular day, if so determined by the Commission and specified in the licence—

for consumption on the licensed premises; and

(b)to supply liquor on any other premises authorised by the Commission and specified in the licence—

(i)during ordinary trading hours; and

(ii)between 11 p.m. on any particular day until 1 a.m. on the following day, if so determined by the Commission and specified in the licence; and

(iii)subject to section 15A, between a time (not being earlier than 5 a.m.) before the commencement of ordinary trading hours and the commencement of ordinary trading hours on a particular day, if so determined by the Commission and specified in the licence—

for consumption on those premises.

(c)if specifically authorised by the Commission, to supply liquor in an open container for consumption in a food court next to, or near, the licensed premises.

(2)An on-premises licence is subject to—

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(b)the condition set out in section 16 (compliance with planning scheme); and

(c)if the licence authorises the licensee to supply liquor outside ordinary trading hours, the condition set out in section 17(1); and

(d)if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and

(e)any other conditions determined by the Commission and specified in the licence.

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9ARestaurant and cafe licence

(1)A restaurant and cafe licence authorises the licensee—

(a)to supply liquor on the licensed premises—

(i)during ordinary trading hours; and

(ia)between 11 p.m. on any particular day until 1 a.m. on the following day; and

(ii)subject to section 15A, at any other times determined by the Commission and specified in the licence—

for consumption on the licensed premises where the predominant activity carried out at all times on the premises is the preparation and serving of meals to be consumed on the licensed premises; and

(b)subject to section 15A, to supply liquor on any other premises authorised by the Commission and specified in the licence, during ordinary trading hours and between 11 p.m. on any particular day until 1 a.m. on the following day for consumption on those premises; and

(c)to supply liquor on the licensed premises in sealed containers, bottles or cans for consumption off the licensed premises during ordinary trading hours; and

(d)to supply liquor to a person who makes an off-premises request.

(2)A restaurant and cafe licence is subject to—

(a)the conditions set out in subsection (3), and

(b)the condition set out in section 16 (compliance with planning scheme); and

(c)if the licence authorises the licensee to supply liquor outside ordinary trading hours, the condition set out in section 17(1); and

(d)if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and

(da)the condition that any liquor supplied in sealed containers, bottles or cans must be supplied together with a takeaway adult meal or delivery adult meal prepared on the premises of the licensee; and

(db)the condition that the supply of liquor to a person for a takeaway adult meal or delivery adult meal must not be more than 750 millilitres capacity in the case of wine or six containers of not more than 375 millilitres capacity each in the case of beer, cider or pre-mixed spirits; and

(dc)the condition that the licensee notifies the Commission before commencing the supply of liquor—

(i)on the licensed premises in sealed containers, bottles or cans for consumption off the premises; or

(ii)by off-premises request; and

(dd)if the licensee commences the supply of liquor by off-premises request, the conditions set out in section 18C (supply of liquor if off-premises request made); and

(de)the condition that the licensee comply with any Ministerial order that imposes additional requirements on licences that authorise the supply of packaged liquor; and

(e)any other conditions determined by the Commission and specified in the licence.

(3)A restaurant and cafe licence is subject to the following conditions—

(a)tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time; and

(b)the licensee must not permit—

(i)the live performance of any musical works; or

(ii)the playing of any recorded musical works—

on the premises at higher than background music level at any time outside ordinary trading hours.

(4)The condition in subsection (3)(b) does not apply to music performed or played on licensed premises outside ordinary trading hours as part of a function that is—

(a)held in an area of those premises that is set aside for the exclusive use of persons who have booked a table in that area and their guests; and

(b)attended only by those persons and guests.

(5)In this section—

background music level, in relation to premises, means a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial degree.

(6)Nothing in this section affects any existing obligation that applies to the licensed premises under a planning scheme within the meaning of the Planning and Environment Act 1987.

10Club licence

(1)A club licence may be a full club licence or a restricted club licence.

(2)A full club licence authorises the licensee to supply liquor on the licensed premises—

(a)during ordinary trading hours; and

(b)subject to section 15A, at any other times determined by the Commission and specified in the licence—

to a member of the club for consumption on or off the licensed premises and to an authorised gaming visitor or a guest of a member for consumption on the licensed premises.

(2A)A full club licence also authorises the licensee to supply liquor on the licensed premises to a member of the club, an authorised gaming visitor or a guest of a member between 11 p.m. on 31 December and 1 a.m. on 1 January for consumption on the licensed premises.

(2B)A full club licence also authorises the licensee to supply liquor to a member of the club who makes an off-premises request.

(3)Subject to section 15A, a restricted club licence authorises the licensee to supply liquor at the times determined by the Commission and specified in the licence to a member of the club, an authorised gaming visitor or a guest of a member for consumption on the licensed premises.

(3A)In addition to subsections (2), (2A), (2B) and (3), a club licence authorises the licensee—

(a)to supply liquor to members of the public at club events or functions on the licensed premises; and

(b)to supply liquor on the licensed premises in other circumstances determined by the Commission and specified in the licence.

(4)A club licence is subject to—

(a)a condition that the rules of the club comply with Schedule 1 (except to the extent determined by the Commission under section 25(1)(a)); and

(b)a condition that the secretary of the club keep on the licensed premises, in a form and manner approved by the Commission—

(i)a members register containing the name and address of each member of the club and particulars of payment of the last subscription for membership paid by the member; and

(ii)in the case of a club in respect of which a venue operator's licence is in force, a register of authorised gaming visitors containing the name and residential address of each authorised gaming visitor admitted to the licensed premises and the date of that admission; and

(c)a condition that the registers be kept open for inspection at any time by a licensing inspector, a police officer, a liquor inspector, the Commission or a person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act who is authorised in writing by the Commission; and

(d)a condition that the secretary of the club ensure that there are kept proper accounts and records of the transactions and affairs of the club and such other records as will sufficiently explain the financial operations and financial position of the club; and

(e)the condition set out in section 16 (compliance with planning scheme); and

(f)if the licence authorises the licensee to supply liquor outside ordinary trading hours, the condition set out in section 17(1); and

(g)any other conditions determined by the Commission and specified in the licence.

(4A)A full club licence is also subject to—

(a)a condition that the licensee notifies the Commission before commencing the supply of liquor by off-premises request; and

(b)if the licensee commences the supply of liquor by off-premises request, the conditions set out in section 18C (supply of liquor if off-premises request made); and

(c)the condition that the licensee must not allow liquor to be delivered except before 11 p.m. only; and

(d)the condition that the licensee comply with any Ministerial order that imposes additional requirements on licences that authorise the supply of packaged liquor.

(5)Despite subsections (1), (2), (2A), (2B), (3) and (3A), the Commission may impose a condition on a club licence prohibiting the supply of liquor on the licensed premises during any time that a law other than this Act forbids the club from trading at the premises.

*                *                *                *                *

11Packaged liquor licence

(1)A packaged liquor licence authorises the licensee to supply liquor on the licensed premises in sealed containers, bottles or cans—

(a)during ordinary trading hours; and

(b)between 11 p.m. on any particular day until 1 a.m. on the following day, if so determined by the Commission and specified in the licence; and

(c)subject to section 15A, between a time (not being earlier than 5 a.m.) before the commencement of ordinary trading hours and the commencement of ordinary trading hours on a particular day, if so determined by the Commission and specified in the licence; and

(d)at any time on Christmas Day or on Good Friday determined by the Commission and specified in the licence—

for consumption off the licensed premises.

(2)If—

(a)the licensed premises under a packaged liquor licence is located within premises used primarily as a supermarket; and

(b)the licensee is the owner of the supermarket business; and

(c)the Commission so determines and specifies in the licence—

the packaged liquor licence also authorises the licensee to receive payment for liquor supplied on the licensed premises at any checkout located in the supermarket if the person receiving the payment is of or over the age of 18 years.

(2A)A packaged liquor licence also authorises the licensee to supply liquor to a person who makes an off-premises request so long as the licensee's predominant activity remains the sale by retail of liquor for consumption off the licensed premises.

(3)A packaged liquor licence is subject to—

(aa)a condition that the predominant activity carried on in the area set aside as the licensed premises is the sale by retail of liquor for consumption off the licensed premises; and

*                *                *                *                *

*                *                *                *                *

(a)the condition set out in section 16 (compliance with planning scheme); and

(b)if the licence authorises the licensee to supply liquor outside ordinary trading hours, the condition set out in section 17(1); and

(c)if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and

(ca)the condition that the licensee notifies the Commission before commencing the supply of liquor by off-premises request; and

(cb)if the licensee commences the supply of liquor by off-premises request, the conditions set out in section 18C (supply of liquor if off-premises request made); and

(cc)the condition that the licensee must not allow liquor to be delivered except during ordinary trading hours; and

(4)On the commencement day, the Commission is, by force of this subclause, substituted as a party to any proceeding pending in any court or tribunal under this Act to which the VGCCC was a party immediately before that day.

9Investigations and inquiries under the VGCCC Act in relation to liquor

(1)A liquor investigation commenced but not completed by the VGCCC before the commencement day may be continued and completed by the Commission on and after that day as if it were an investigation under Division 1 of Part 9B.

(2)A liquor inquiry commenced but not completed by the VGCCC before the commencement day may be continued and completed by the Commission on and after that day as if it were an inquiry under Division 2 of Part 9B.

(3)Anything done by the VGCCC before the commencement day in respect of the liquor investigation or liquor inquiry is, on and after that day, taken to have been done by the Commission.

(4)In this clause—

liquor inquiry means an inquiry under Division 2 of Part 3 of the VGCCC Act for the purposes of performing the VGCCC's functions or duties, or exercising its powers, under this Act or the regulations, including a community interest inquiry;

liquor investigation means an investigation under Division 1 of Part 3 of the VGCCC Act for the purposes of performing the VGCCC's functions or duties, or exercising its powers, under this Act or the regulations.

10Applications and objections made before commencement day

(1)An application to the VGCCC under this Act that was made but not determined before the commencement day is taken, on and after that day, to be an application made to the Commission.

(2)An objection made to the VGCCC under this Act before the commencement day in relation to a matter that has not been determined before that day is taken, on and after that day, to be an objection made to the Commission.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 8 October 1998

Legislative Council: 10 November 1998

The long title for the Bill for this Act was "A Bill to reform the law relating to the supply and consumption of liquor, to repeal the Liquor Control Act 1987, to make consequential amendments to other Acts and for other purposes."

The Liquor Control Reform Act 1998 was assented to on 24 November 1998 and came into operation as follows:

Part 1 (sections 1–6) on 24 November 1998: section 2(1); rest of Act on 17 February 1999: Special Gazette (No. 22) 16 February 1999 page 3.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Liquor Control Reform Act 1998 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Liquor Control Reform Act 1998, No. 94/1998

Assent Date:	24.11.98
Commencement Date:	S. 182(2)(Sch. 4 cl. 3(4)) on 31.1.13: S. 182(2)(Sch. 4 cl. 3(4)); Sch. 6 cl. 16(4) inserted on 16.12.21 by No. 49/2021 s. 60: Special Gazette (No. 693) 7.12.21 p. 1 (as amended by No. 26/2022 s. 26)
Note:	Sch. 6 cl. 16(4) repealed Sch. 6 cl. 16 on 16.12.23
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

The Constitution Act Amendment (Amendment) Act 1999, No. 24/1999

Assent Date:	25.5.99
Commencement Date:	8.6.99: s. 2
CurrentState:	All of Act in operation

National Taxation Reform (Consequential Provisions) Act 2000, No. 6/2000

Assent Date:	11.4.00
Commencement Date:	S. 34 on 1.7.00: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 72) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor Control Reform (Amendment) Act 2001, No. 21/2001

Assent Date:	29.5.01
Commencement Date:	30.5.01: s. 2
CurrentState:	All of Act in operation

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 73) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor Control Reform (Prohibited Products) Act 2001, No. 88/2001

Assent Date:	11.12.01
Commencement Date:	21.12.01: s. 2
CurrentState:	All of Act in operation

Electoral Act 2002, No. 23/2002

Assent Date:	12.6.02
Commencement Date:	S. 197 on 1.9.02: Government Gazette 29.8.02 p. 2333
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor Control Reform (Packaged Liquor Licences) Act 2002, No. 39/2002

Assent Date:	18.6.02
Commencement Date:	S. 4(2) on 14.5.02: s. 2(2); ss 4(1), 5–15 on 18.6.02: s. 2(1); s. 16 on 1.1.06: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Small Business Commissioner Act 2003, No. 6/2003

Assent Date:	15.4.03
Commencement Date:	S. 15 on 1.5.03: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

ANZAC Day (Amendment) Act 2003, No. 96/2003

Assent Date:	2.12.03
Commencement Date:	S. 14 on 3.12.03: s. 2
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Gambling Regulation Act 2003, No. 114/2003

Assent Date:	16.12.03
Commencement Date:	S. 12.1.3(Sch. 6 item 9) on 1.7.04: Government Gazette 1.7.04 p. 1843
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor Control Reform (Underage Drinking and Enhanced Enforcement) Act 2004, No. 92/2004

Assent Date:	7.12.04
Commencement Date:	Ss 3–36 on 8.12.04: s. 2(1); s. 37(a) on 1.3.06: Government Gazette 23.2.06 p. 366
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 115) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 60) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Health Professions Registration Act 2005, No. 97/2005

Assent Date:	7.12.05
Commencement Date:	S. 182(Sch. 4 item 33) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor Control Reform (Amendment) Act 2006, No. 8/2006

Assent Date:	4.4.06
Commencement Date:	Ss 4(1), 6–12 on 5.4.06: s. 2(1); ss 4(2), 5 on 1.12.06: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Education and Training Reform Act 2006, No. 24/2006

Assent Date:	16.5.06
Commencement Date:	S. 6.1.2(Sch. 7 item 26) on 1.7.07:  Government Gazette 28.6.07 p. 1304
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	Ss 86, 87 on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 61) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007, No. 72/2007

Assent Date:	18.12.07
Commencement Date:	S. 62 on 1.12.08: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor Control Reform Amendment Act 2007, No. 73/2007

Assent Date:	18.12.07
Commencement Date:	Ss 4–10, 12, 14, 15, 17(2), 18, 24–26 on 19.12.07: Special Gazette (No. 342) 18.12.07 p. 1; s. 13 on 7.2.08: Government Gazette 7.2.08 p. 236; ss 11, 16, 17(1), 19–23 on 22.5.08: Special Gazette (No. 134) 21.5.08 p. 1
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Motor Car Traders Amendment Act 2008, No. 4/2008

Assent Date:	4.3.08
Commencement Date:	S. 32(Sch. item 18) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Infringements and Other Acts Amendment Act 2008, No. 9/2008

Assent Date:	18.3.08
Commencement Date:	Ss 4–8 on 1.7.08: Special Gazette (No. 172) 27.6.08 p. 1
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 37) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Justice Legislation Amendment Act 2008, No. 21/2008

Assent Date:	2.6.08
Commencement Date:	S. 27 on 3.6.08: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Fundraising Appeals and Consumer Acts Amendment Act 2009, No. 2/2009

Assent Date:	10.2.09
Commencement Date:	S. 29 on 11.2.09: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor Control Reform Amendment (Enforcement) Act 2009, No. 8/2009 (as amended by No. 55/2009)

Assent Date:	18.3.09
Commencement Date:	Ss 4–7, 9–26 on 2.6.09: Special Gazette (No. 163) 2.6.09 p. 1; s. 8 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor Control Reform Amendment (Licensing) Act 2009, No. 59/2009 (as amended by No. 1/2010)

Assent Date:	21.10.09
Commencement Date:	S. 31 on 21.10.09: s. 2(1); ss 27, 29 on 29.10.09: Government Gazette 29.10.09 p. 2729; ss 4–26, 28, 30, 32 on 1.1.10: Government Gazette 29.10.09 p. 2729
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 78) on 1.1.10: Government Gazette 10.12.09: p. 3215
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor Control Reform Amendment (Party Buses) Act 2009, No. 88/2009

Assent Date:	15.12.09
Commencement Date:	S. 5 on 16.12.09: s. 2(1); ss 4, 6–8 on 1.4.10: Government Gazette 1.4.10 p. 626
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor Control Reform Amendment (ANZAC Day) Act 2010, No. 8/2010

Assent Date:	16.3.10
Commencement Date:	Ss 4–13 on 25.3.10: Government Gazette 25.3.10 p. 583
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 34) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010, No. 18/2010

Assent Date:	18.5.10
Commencement Date:	Ss 48, 49 on 1.7.10: Government Gazette 1.7.10 p. 1359
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Firearms and Other Acts Amendment Act 2010, No. 52/2010

Assent Date:	7.9.10
Commencement Date:	S. 35 on 1.11.10: Government Gazette 28.10.10 p. 2583
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor Control Reform Amendment Act 2010, No. 57/2010

Assent Date:	14.9.10
Commencement Date:	Ss 4(3), 7, 8, 12–16, 20, 21(1), 22–27, 29 on 1.11.10: Government Gazette 7.10.10 p. 2342; ss 4(1)(2)(4), 5, 6, 9–11, 17–19, 21(2)(3), 28, 30 on 1.1.11: Government Gazette 7.10.10 p. 2342
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Justice Legislation Further Amendment Act 2010, No. 64/2010

Assent Date:	28.9.10
Commencement Date:	Ss 7–10 on 22.3.11: Special Gazette (No. 95) 22.3.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Justice Legislation Amendment Act 2011, No. 12/2011

Assent Date:	10.5.11
Commencement Date:	Ss 3–8, 12 on 1.8.11: Special Gazette (No. 245) 26.7.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor Control Reform Amendment Act 2011, No. 13/2011

Assent Date:	10.5.11
Commencement Date:	S. 3 on 1.11.11: Special Gazette (No. 331) 18.10.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 52) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Justice Legislation Amendment (Protective Services Officers) Act 2011, No. 43/2011

Assent Date:	6.9.11
Commencement Date:	Ss 29–33 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Victorian Commission for Gambling and Liquor Regulation Act 2011, No. 58/2011 (as amended by No. 70/2013)

Assent Date:	2.11.11
Commencement Date:	Ss 51–68, 104(Sch. item 4) on 6.2.12: Special Gazette (No. 423) 21.12.11 p. 4
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Gambling Regulation Amendment (Licensing) Act 2011, No. 60/2011

Assent Date:	8.11.11
Commencement Date:	S. 74 on 22.12.11: Special Gazette (No. 423) 21.12.11 p. 2
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor Control Reform Further Amendment Act 2011, No. 71/2011[1] (as amended by No. 43/2012)

Assent Date:	6.12.11
Commencement Date:	Ss 8, 9(1)(2), 31 on 13.12.11: Special Gazette (No. 407) 13.12.11 p. 1; ss 4–7, 9(3)–(5), 10–30, 34 on 20.2.12: Special Gazette (No. 26) 7.2.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Associations Incorporation Reform Act 2012, No. 20/2012

Assent Date:	1.5.12
Commencement Date:	S. 226(Sch. 5 item 18) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:	8.5.12
Commencement Date:	S. 239(Sch. 6 item 26) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Justice Legislation Amendment Act 2012, No. 23/2012

Assent Date:	8.5.12
Commencement Date:	S. 6 on 6.2.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 26) on 28.6.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor Control Reform Amendment Act 2013, No. 1/2013

Assent Date:	12.2.13
Commencement Date:	13.2.13: s. 2
CurrentState:	All of Act in operation

Co-operatives National Law Application Act 2013, No. 9/2013

Assent Date:	13.3.13
Commencement Date:	S. 42(Sch. 2 item 12) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Statute Law Amendment (Directors' Liability) Act 2013, No. 13/2013

Assent Date:	13.3.13
Commencement Date:	Ss 26–30 on 14.3.13: s. 2
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

State Tax Laws Amendment (Budget and Other Measures) Act 2013, No. 41/2013

Assent Date:	28.6.13
Commencement Date:	S. 43 on 29.6.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 26) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 56) on 1 July 2015: Special Gazette (No.151) 16.6.15 p.1
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act 2014, No. 21/2014

Assent Date:	1.4.14
Commencement Date:	Ss 4–15, 17 on 14.5.14: Special Gazette (No. 148) 13.5.14 p. 1; s. 16 on 1.7.14: Special Gazette (No. 188) 17.6.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 96) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Gambling and Liquor Legislation Amendment (Modernisation) Act 2014, No. 56/2014

Assent Date:	26.8.14
Commencement Date:	Ss 56–60 on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2; s. 62 on 1.7.15: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Gambling and Liquor Legislation Further Amendment Act 2014, No. 64/2014

Assent Date:	9.9.14
Commencement Date:	Ss 40, 43–46 on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 1; s. 42 on 1.7.15: Special Gazette (No. 133) 2.6.15 p. 1; s. 41 on 1.8.15: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Crimes Amendment (Sexual Offences and Other Matters) Act 2014, No. 74/2014 (as amended by No. 20/2015)

Assent Date:	21.10.14
Commencement Date:	S. 31 on 1.7.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:	16.6.15
Commencement Date:	S. 56(Sch. 1 item 9) on 17.6.15: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 31) on 1.8.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date:	16.2.16
Commencement Date:	S. 91 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Small Business Commission Act 2017, No. 16/2017

Assent Date:	10.5.17
Commencement Date:	Ss 30, 31 on 1.7.17: Special Gazette (No. 216) 27.6.17 p. 1
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:	29.8.17
Commencement Date:	S. 89 on 30.8.17: s. 2(1)
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017

Assent Date:	26.9.17
Commencement Date:	Ss 19, 54 on 1.4.18: Special Gazette (No. 136) 27.3.18 p. 3
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017, No. 63/2017

Assent Date:	19.12.17
Commencement Date:	S. 21(Sch. 1 item 5) on 2.7.18: Special Gazette (No. 248) 29.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 77) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor and Gambling Legislation Amendment Act 2018, No. 20/2018

Assent Date:	13.6.18
Commencement Date:	Ss 15, 20–25, 29–32 on 18.7.18: Special Gazette (No. 337) 17.7.18 p. 1; ss 26–28 on 13.9.18: Special Gazette (No. 337) 17.7.18 p. 1; ss 4–14, 16–19 on 11.10.18: Special Gazette (No. 466) 10.10.18 p. 1
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 28) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019

Assent Date:	2.7.19
Commencement Date:	Ss 181–183 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 62) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Consumer and Other Acts Miscellaneous Amendments Act 2021, No. 1/2021

Assent Date:	9.2.21
Commencement Date:	S. 81 on 10.3.21: Special Gazette (No. 110) 10.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Summary Offences Amendment (Decriminalisation of Public Drunkenness) Act 2021, No. 6/2021 (as amended by No. 35/2022)

Assent Date:	2.3.21
Commencement Date:	S. 13 on 7.11.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Liquor Control Reform Amendment Act 2021, No. 49/2021

Assent Date:	9.11.21
Commencement Date:	Ss 4(2)(3)(5), 11(5), 18, 19(1), 20, 25, 29−36, 38, 43, 53−55, 57−60 on 16.12.21: Special Gazette (No. 693) 7.12.21 p. 1; ss 46(2), 47(b), 48, 49 on 31.1.22: Special Gazette (No. 693) 7.12.21 p. 1; ss 4(4)(b), 8–10, 11(1)–(4), 12, 13, 15–17, 19(3)(4), 39, 41, 44 on 15.3.22: Special Gazette (No. 62) 8.2.22 p. 1; ss 4(1), 6, 19(2), 21–24, 26–28, 37, 40, 42, 45, 46(1), 47(a) on 25.8.22: Special Gazette (No. 384) 2.8.22 p. 1; ss 4(4)(a), 5, 7, 14, 56 on 27.9.22: Special Gazette (No. 489) 20.9.22 p. 1; ss 50–52 on 31.12.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date:	15.2.22
Commencement Date:	S. 101 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Sex Work Decriminalisation Act 2022, No. 7/2022

Assent Date:	1.3.22
Commencement Date:	S. 71 on 1.12.23: s. 2(3)
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Casino and Liquor Legislation Amendment Act 2022, No. 26/2022

Assent Date:	28.6.22
Commencement Date:	Ss 17, 19–26 on 1.7.22: Special Gazette (No. 336) 30.6.22 p. 1; s. 18 on 25.8.22: Special Gazette (No. 336) 30.6.22 p. 1
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Gambling and Liquor Legislation Amendment Act 2022, No. 28/2022

Assent Date:	28.6.22
Commencement Date:	Ss 146(1)(2), 150–154, 156–175 on 1.9.22: Special Gazette (No. 422) 23.8.22 p. 1; ss 146(3), 147–149, 155 on 4.10.22: Special Gazette (No. 489) 20.9.22 p. 1
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

Gambling Regulation Amendment Act 2023, No. 13/2023

Assent Date:	6.6.23
Commencement Date:	S. 91 on 7.6.23: s. 2
Current State:	This information relates only to the provision/s amending the Liquor Control Reform Act 1998

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Table of Amendments (Liquor Control Reform Further Amendment Act 2011): The amendment to section 11(1)(d) by section 33 of the Liquor Control Reform Further Amendment Act 2011, No. 71/2011 (repealed) is not included in this publication as "Director" does not appear in that paragraph.

Section 33 reads:

33Packaged liquor licence

In section 11(1)(d) of the Principal Act, for "Director" substitute "Commission".