Liquor Control Reform (Packaged Liquor Licences) Act 2002 (Vic)

Liquor Control Reform (Packaged Liquor

Licences) Act 2002

Act No. 39/2002

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Definitions	3
5.	New section 3A inserted	6

3A. What is amenity? 6

6.	Conditions of packaged liquor licence	7
7.	Phase out of limit on packaged liquor licences	8
8.	Amendments to Division 3A of Part 2	9
9	New Division 3B inserted in Part 2	11
Division 3B—Interim Restrictions on Grant, Transfer or
Relocation of Packaged Liquor Licences	11

26L.	Application of Division	11
26M.	Definitions and interpretation	12
26N.	Limitation on grant, transfer or relocation of certain
packaged liquor licences	14
26O.	Required notifications in relation to designated
premises and designated areas	15
26P.	What happens if there are no other packaged liquor
licensed premises in the designated area?	16
26Q.	Procedure if there is one other packaged liquor
licensed premises in the designated area	17
26R.	Procedure if there are more than one other packaged
liquor licensed premises in the designated area	19
26S.	Minimum offer price	21
26T.	Director may require evidence	23

10. New section 35 inserted 23

35. Advertisement of licence application 23

11.	Objections	25
12.	Miscellaneous amendments	26
13.	Supreme Court—limitation of jurisdiction	26
14.	New Schedule 2 inserted	26

i

Section Page

15. Transitional provision 27

20.          Transitional provision—Liquor Control Reform

(Packaged Liquor Licences) Act 2002 27

16. Abolition of limit on packaged liquor licences 28

═══════════════

ENDNOTES 29

ii

Victoria

No. 39 of 2002

Liquor Control Reform (Packaged

Liquor Licences) Act 2002†

[Assented to 18 June 2002]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Liquor

Control Reform Act 1998—

(a) to provide for the misuse or abuse of alcohol to be an additional ground for objection to an application for the grant, variation or

relocation of a packaged liquor licence; (b) to define the concept of amenity;

Liquor Control Reform (Packaged Liquor Licences) Act 2002

s. 2 Act No. 39/2002

(c)	to improve the advertising of licence applications;
(d)	to provide for additional packaged liquor licence conditions;
(e)

to provide for an industry code of conduct on promotes the objects of the Act;

(f)	to phase out the 8% limit on packaged liquor licences;
(g)	to impose restrictions during the phase-out period on the grant, transfer and relocation of certain packaged liquor licences;

(h) for other minor purposes.

2. Commencement

(1) This Act (except sections 4(2) and 16) comes into

operation on the day on which it receives the

Royal Assent.

(2) Section 4(2) is deemed to have come into

operation on 14 May 2002.

(3) Section 16 comes into operation on 1 January

2006.

3. Principal Act

See:

Act No.	In this Act, the Liquor Control Reform Act 1998
94/1998.	is called the Principal Act.
Reprint No. 1 as at 18 October
2001
and
amending Act No. 88/2001. LawToday: dpc.vic. gov.au

Liquor Control Reform (Packaged Liquor Licences) Act 2002

Act No. 39/2002 s. 4

4. Definitions

(1) Insert the following definitions in section 3(1) of

the Principal Act—
' "amenity" has the meaning given by section 3A;

"permitted percentage" means—

(a)	at any time before the commencement of section 4(1) of the Liquor Control Reform (Packaged Liquor Licences) Act 2002—8%;
(b)	commencement of section 4(1) of the Liquor Control Reform (Packaged

at any time on and after the 1 July 2003—10%;

(c)	at any time on and after 1 July 2003 and before 1 July 2004—11%;
(d)	at any time on and after 1 July 2004— 12%;'.

(2) In section 3(1) of the Principal Act—

(a) insert the following definitions—
' "related body corporate" has the same

meaning as in the Corporations Act;

"voting power" has the meaning given by

section 26C;';

(b)

for the definition of "related entity" ' "related entity", in relation to a body

corporate ("the subject body

corporate"), means—

(a) a related entity as that term would be defined in section 9 of the Corporations Act if the words "or member" were omitted from

Liquor Control Reform (Packaged Liquor Licences) Act 2002

s. 4 Act No. 39/2002

paragraphs (d), (e) and (f) of that

definition; or

(b) a person (other than a body corporate) who has—

(i) person voting power of not
less than 1% in the subject
body corporate, or entitles
the person to a dividend or
distribution of profits in, or
distribution of property on
the winding up of, the
subject body corporate that is
not less than 1% of the total

any interest that gives the property; or

(ii)  an option or right to acquire an interest referred to in sub- paragraph (i); or

(c) corporate) in circumstances where

a person (other than a body right to require the person to acquire an interest referred to in paragraph (b)(i); or

(d) another body corporate that has, or a related body corporate of which has—

(i) other body corporate or
related body corporate voting
power of not less than 1% in
the subject body corporate,
or entitles the other body

any interest that gives the corporate to a dividend or

Liquor Control Reform (Packaged Liquor Licences) Act 2002

Act No. 39/2002 s. 4

distribution of profits in, or distribution of property on the winding up of, the

subject body corporate that is
not less than 1% of the total
dividend, distribution or
property; or

(ii)  an option or right to acquire an interest referred to in sub- paragraph (i); or

(e) circumstances where any other

another body corporate in require the body corporate, or a related body corporate of the body corporate, to acquire an interest referred to in paragraph (d)(i); or

(f) another body corporate—

(i) corporate, or a related body
corporate of the subject body
corporate, has any interest
that gives the subject body
corporate or related body
corporate voting power of
not less than 1% in the other
body corporate, or entitles
the subject body corporate or
related body corporate to a
dividend or distribution of
profits in, or distribution of
property on the winding up
of, the other body corporate

in which the subject body total dividend, distribution or property; or

Liquor Control Reform (Packaged Liquor Licences) Act 2002

s. 5 Act No. 39/2002

(ii) subject body corporate, or a
related body corporate of the
subject body corporate, has
an option or right to acquire

in relation to which the paragraph (i); or

(g) circumstances where any other
person has an option or right to
require the subject body corporate,
or a related body corporate of the
subject body corporate, to acquire
an interest referred to in

another body corporate in corporate; or

(h)	another body corporate an employee of which, or an employee of a related body
corporate of which, is a director of the subject body corporate or of a related body corporate of the subject body corporate; or

(i)  another body corporate a director of which, or a director of a related body corporate of which, is an

employee of the subject body corporate or of a related body corporate of the subject body corporate;'.

5. New section 3A inserted

After section 3 of the Principal Act insert—

"3A. What is amenity?

Liquor Control Reform (Packaged Liquor Licences) Act 2002

Act No. 39/2002 s. 6

(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—

(a) the presence or absence of parking facilities;

(b) traffic movement and density;

(c) noise levels;

(d)	the possibility of nuisance or vandalism;
(e)	the harmony and coherence of the environment;

(f) any other prescribed matters.

(3) Nothing in sub-section (2) is intended to

limit the definition of amenity.".

6. Conditions of packaged liquor licence

(1) In section 11(3) of the Principal Act, after

paragraph (aa) insert—

"(aab) a condition that, following the period of

3 months after the grant or transfer of the
licence to the licensee, the area set aside as
the licensed premises is, at any time when it
is open for business, under the management
or control of a person who has completed a
responsible service of alcohol program
approved by the Director under
sub-section (4); and

(aac) a condition that every person who has the

management or control of the area set aside as the licensed premises when it is open for

Liquor Control Reform (Packaged Liquor Licences) Act 2002

s. 7 Act No. 39/2002

business must have completed a responsible service of alcohol program approved by the Director under sub-section (4) in the

previous financial year; and

(aad) a condition that the licensee comply with the code of conduct (if any) determined by the from time to time; and".

(2) In section 11 of the Principal Act, after sub-

section (3) insert—

"(4) The Director may, from time to time,

approve programs to be responsible service of alcohol programs for the purposes of the licence condition referred to in sub-section (3)(aab) and the licence condition referred to

in sub-section (3)(aac).

(5) The Minister, by notice published in the

Government Gazette, may determine a code of conduct, consistent with the objects of this Act, for licensees of packaged liquor licences.

(6) The Minister may, at any time by notice

published in the Government Gazette, vary
or revoke the code of conduct under sub-
section (5).

(7) The Minister must not determine a code of

conduct, or vary or revoke it, until the
Minister has consulted packaged liquor
licensees.".

7. Phase out of limit on packaged liquor licences

(1) In the Principal Act—

(a) in the heading to section 18A, omit "8%";

(b)

in section 18A(3), for "8%" (where twice percentage".

Liquor Control Reform (Packaged Liquor Licences) Act 2002

Act No. 39/2002 s. 8

(2) In section 23 of the Principal Act—

(a)

in sub-section (1), for "8%" (where twice percentage";

(b) at the foot of sub-section (1) insert—

"Note: The permitted percentage is defined in

section 3(1).";

(c)

in sub-section (2)(b), for "8%" (where twice percentage";

(d) in the example at the foot of sub-section (3), for "Company A cannot be granted" substitute "If the permitted percentage were 8%, company A could not be granted".

8. Amendments to Division 3A of Part 2

(1) In the Principal Act—

(a) for the heading to Division 3A of Part 2 substitute—

"Division 3A—Substantial Interests in Packaged Liquor Licensees and Their

Related Entities";

(b) in section 26A, for the definition of "commencement day" substitute— ' "commencement day" means the day on

which the Liquor Control Reform
(Packaged Liquor Licences) Act 2002

received the Royal Assent;';

(c) in the heading to section 26E, for "Controlling" substitute "Substantial";

Liquor Control Reform (Packaged Liquor Licences) Act 2002

s. 8 Act No. 39/2002

(d) in section 26E—

(i)	for "controlling" substitute "substantial";
(ii)	for "50%" (wherever occurring) substitute "20%";

(e) section 26F is repealed;

(f) (g) section 26H is repealed. in section 26G, for "controlling" (wherever substitute "substantial";

(2) In section 26I of the Principal Act—

(a) in sub-section (1)—

(i) for "controlling" (wherever occurring)
substitute "substantial";

(ii)  in paragraphs (b) and (c), for "8%" substitute "the permitted percentage";

(b)	in the note at the foot of sub-section (1), after "section 26A." insert 'See also the definition of "permitted percentage" in section 3(1).';
(c)	in sub-section (2), for "8%" substitute "the permitted percentage";

(d) sub-section (7) is repealed;

(e)

in sub-section (8), for the definition of ' "relevant day" means—

(a) if the interest that gave rise to the substantial interest referred to in sub-section (1)(a) was acquired

Liquor Control Reform (Packaged Liquor Licences) Act 2002

Act No. 39/2002 s. 9

before the commencement day—

the commencement day; or

(b) substantial interest referred to in
sub-section (1)(a) was acquired on
or after the commencement day—

if the interest that gave rise to the acquired.'.

(3) In the Principal Act—

(a) in section 26J—

(i) for "controlling" (wherever occurring)
substitute "substantial";

(ii)  for "8%" (where twice occurring) substitute "the permitted percentage";

(b) in the note at the foot of section 26J, after "section 26A." insert 'See also the definition of "permitted percentage" in section 3(1).'.

9 New Division 3B inserted in Part 2

After Division 3A of Part 2 of the Principal Act insert—

'Division 3B—Interim Restrictions on Grant, Transfer or Relocation of Packaged Liquor

Licences

26L. Application of Division

(1) This Division applies to the grant or transfer

of a packaged liquor licence to a person, or the relocation of a packaged liquor licence held by a person if, at the time of the
determination of the application for grant,
transfer or relocation—

Liquor Control Reform (Packaged Liquor Licences) Act 2002

s. 9 Act No. 39/2002

(a)	in the case of a natural person, the person holds more than 8%, but not more than the permitted percentage, of all packaged liquor licences granted and in force under this Act; or
(b)	in the case of a body corporate, the sum of the packaged liquor licences held by the body corporate and by any related
entities is more than 8%, but not more than the permitted percentage, of all packaged liquor licences granted and in force under this Act.

Note: The permitted percentage is defined in

section 3(1).

(2) However, this Division does not apply to—

(a)	the transfer of a packaged liquor licence specified in Schedule 2; or
(b)	the transfer, before 1 September 2002, of a packaged liquor licence to a body corporate from any of its related bodies

corporate; or

(c) the relocation of a packaged liquor licence—

(i)

within a retail shopping centre Tenancies Reform Act 1998); or

(ii) licence is relocated are within

if the premises to which the premises.

(3) For the avoidance of doubt, nothing in this Division limits the application of section 23.

26M. Definitions and interpretation

(1) In this Division—

Liquor Control Reform (Packaged Liquor Licences) Act 2002

Act No. 39/2002 s. 9

"designated area", in respect of designated premises, means the area surrounding the designated premises as determined by the Minister under sub-section (2);

"designated premises" means premises or

proposed premises referred to in
section 26O(1);

"excluded licensee", in respect of a

designated area, means a licensee of packaged liquor licensed premises in that area if—

(a) transferred to the licensee, or

the licence was granted or after 23 January 2001; or

(b) who, on 1 January 2002, held
more than 8% of all packaged

the licensee is a natural person force under this Act; or

(c) the licensee is a body corporate and the sum of the packaged liquor licences held by it and by any related entities on 1 January 2002 was more than 8% of all packaged liquor licences granted and in force under this Act;

"packaged liquor licence" includes a

general licence under which, in the
opinion of the Director, 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;

Liquor Control Reform (Packaged Liquor Licences) Act 2002

s. 9 Act No. 39/2002

"packaged liquor licensed premises"

means premises in respect of which a
packaged liquor licence is in force;

"practising accountant" means a member

of CPA Australia, the Institute of
Chartered Accountants in Australia or
the National Institute of Accountants;

"prospective applicant" means a person

who wants a packaged liquor licence in
respect of premises or proposed
premises, whether by the grant of a new
licence or the transfer or relocation of
an existing licence.

(2) For the purposes of this Division, the

Minister, by notice published in the Government Gazette, may from time to time determine an area to be the designated area in respect of designated premises.

(3) The designated area may vary for different areas of the State.

(4) In this Division, a reference to a licence includes a reference to a licence that is renewed in accordance with Division 8.

(5) In determining for the purposes of this

Division the number of packaged liquor licences held by a person, account is not to be taken of any general licence that was—

(a) in force on 23 January 2001; and

(b) held by the person on that day.

26N. Limitation on grant, transfer or relocation of certain packaged liquor licences

Liquor Control Reform (Packaged Liquor Licences) Act 2002

Act No. 39/2002 s. 9

If this Division applies, the Director must not grant an application for the grant, transfer or relocation of a packaged liquor licence

except in accordance with this Division.

26O. Required notifications in relation to

designated premises and designated areas

(1) A prospective applicant may notify the

Director in writing of the address or location of the premises or proposed premises in respect of which the prospective applicant wants a packaged liquor licence.

(2) A prospective applicant who notifies the

Director under sub-section (1) must cause a notice to be advertised in a newspaper circulating in the designated area containing—

(a)	the name and address of the prospective applicant; and
(b)	the address or location of the designated premises; and
(c)	any other information specified by the Director.

(3) The notice referred to in sub-section (2) must

comply with any requirements specified by
the Director as to size.

(4) Within 14 days after receiving a notification under sub-section (1), the Director must—

(a) give written notice to the prospective applicant—

(i)

containing the name and address licensed premises in the

Liquor Control Reform (Packaged Liquor Licences) Act 2002

s. 9 Act No. 39/2002

designated area in respect of the designated premises, other than the prospective applicant or an excluded licensee; and

(ii) packaged liquor licensed
premises, specifying the order of

if there are more than one such section 26R; and

(b)	give written notice to each licensee of packaged liquor licensed premises in the designated area in respect of the
designated premises, other than the prospective applicant or any excluded licensee, specifying—

(i)  the name and address of the prospective applicant; and

(ii)  the address or location of the designated premises.

(5) For the purposes of sub-section (4)(a)(ii), the Director is to determine the order of licensees in the order of closest to furthest in proximity of the packaged liquor licensed premises to the designated premises by the nearest practicable route.

(6) For the avoidance of doubt, this section

applies if the designated premises are
packaged liquor licensed premises (that is,
where the licensee is a person other than the
prospective applicant).

26P. What happens if there are no other

packaged liquor licensed premises in the

designated area?

If there are no packaged liquor licensed
premises in the designated area (other than

Liquor Control Reform (Packaged Liquor Licences) Act 2002

Act No. 39/2002 s. 9

premises of the prospective applicant or an

excluded licensee)—

(a)	the Director must give written notice of that fact to the prospective applicant within 14 days after receiving notification under section 26O(1); and
(b)	granted or transferred to the prospective

a packaged liquor licence may be premises, or relocated to the designated premises, in accordance with this Act as if this Division did not apply.

26Q. Procedure if there is one other packaged

liquor licensed premises in the designated
area

(1) If there is one packaged liquor licensed

premises in the designated area (other than premises of the prospective applicant or an excluded licensee), the prospective applicant
may give a written notice that complies with
sub-section (2) to the licensee of the

packaged liquor licensed premises.

(2) A notice under sub-section (1) must—

(a) prospective applicant, within 7 days
after receiving the notice, whether or
not the licensee is interested in
receiving an offer from the prospective
applicant to purchase the packaged
liquor business carried on at the

request the licensee to inform the premises; and

(b) be sent to the licensee by registered post or certified mail.

Liquor Control Reform (Packaged Liquor Licences) Act 2002

s. 9 Act No. 39/2002

(3) If, within 7 days after receiving a notice

under sub-section (1), the licensee informs
the prospective applicant that the licensee is
interested in receiving an offer, the
prospective applicant may make a written
offer to purchase the packaged liquor
business carried on at the licensee's packaged
liquor licensed premises, for a price that is
not less than the amount determined in
accordance with section 26S.

(4) If an offer under sub-section (3) is accepted, an application may be made and determined, in accordance with this Act, for the transfer

of the licence from the licensee to the
prospective applicant and, if necessary, the
relocation of the licence to the designated

premises.

(5) If the licensee—

(a)

informs the prospective applicant that receiving an offer; or

(b)	does not respond to the notice under sub-section (1) within 7 days; or
(c)	does not, within 14 days after a request from the prospective applicant, give the prospective applicant any information
the prospective applicant needs to be able to make an offer under sub- section (3); or
(d)	does not accept an offer made under sub-section (3) within 30 days or any later period determined by the

Director—

a packaged liquor licence may be granted or
transferred to the prospective applicant in
respect of the designated premises, or

Liquor Control Reform (Packaged Liquor Licences) Act 2002

Act No. 39/2002 s. 9

relocated to the designated premises, in
accordance with this Act as if this Division
(other than section 26T) did not apply.

26R. Procedure if there are more than one other

packaged liquor licensed premises in the
designated area

(1) If there are more than one packaged liquor

licensed premises in the designated area
(other than premises of the prospective
applicant or an excluded licensee), the
prospective applicant may give a written
notice that complies with sub-section (2) to
the first licensee in the order specified by the
Director under section 26O(4)(a)(ii).

(2) A notice under sub-section (1) must—

(a) prospective applicant, within 7 days
after receiving the notice, whether or
not the licensee is interested in
receiving an offer from the prospective
applicant to purchase the packaged
liquor business carried on at the

request the licensee to inform the premises; and

(b) be sent to the licensee by registered post or certified mail.

(3) If, within 7 days after receiving a notice

under sub-section (1), the licensee informs
the prospective applicant that the licensee is
interested in receiving an offer, the
prospective applicant may make a written

Liquor Control Reform (Packaged Liquor Licences) Act 2002

s. 9 Act No. 39/2002

offer to purchase the packaged liquor
business carried on at the licensee's packaged
liquor licensed premises, for a price that is
not less than the amount determined in
accordance with section 26S.

(4) If an offer under sub-section (3) is accepted, an application may be made and determined, in accordance with this Act, for the transfer

of the licence from the licensee to the
prospective applicant and, if necessary, the
relocation of the licence to the designated

premises.

(5) If the licensee—

(a)

informs the prospective applicant that receiving an offer; or

(b)	does not respond to the notice under sub-section (1) within 7 days; or
(c)	from the prospective applicant, give the prospective applicant any information

does not, within 7 days after a request able to make an offer under sub- section (3); or

(d) does not accept an offer made under sub-section (3) within 30 days or any later period determined by the

Director—

the prospective applicant, after giving
written notice to the Director, may give a
written notice that complies with sub-section
(2) to the next licensee in the order specified
by the Director under section 26O(4)(a)(ii).

(6) Sub-sections (2), (3), (4) and (5) apply if a prospective applicant gives a written notice referred to in sub-section (5) to a licensee, as

Liquor Control Reform (Packaged Liquor Licences) Act 2002

Act No. 39/2002 s. 9

if a reference in sub-section (5)(d) to 30 days
were a reference to 15 days.

(7) If all licensees of packaged liquor licensed premises in the designated area (other than the prospective applicant or excluded

licensees)—

(a)	have informed the prospective applicant that they are not interested in receiving an offer; or
(b)	have not responded to the notice under sub-section (1) or (5) (as the case requires) within 7 days; or
(c)	have not, within 7 days after a request from the prospective applicant, given the prospective applicant any
information the prospective applicant needs to be able to make an offer under sub-section (3); or
(d)	have not accepted an offer made under sub-section (3) within 15 or 30 days (as the case requires) or any later period

determined by the Director—

a packaged liquor licence may be granted or
transferred to the prospective applicant in
respect of the designated premises, or
relocated to the designated premises, in
accordance with this Act as if this Division

(other than section 26T) did not apply.

26S. Minimum offer price

(1) For the purposes of section 26Q(3) and

26R(3), the minimum offer price is as set out
in this section.

Liquor Control Reform (Packaged Liquor Licences) Act 2002

s. 9 Act No. 39/2002

(2) If the offer is being made to the licensee of

the designated premises, the minimum offer
price is 3 times the licensee's annual net
profit in respect of the packaged liquor
business for the previous financial year, as
certified by a practising accountant.

(3) In any other case, the minimum offer price

is—

(a)	3⋅5 times the licensee's annual net profit
in respect of the packaged liquor business for the previous financial year, as certified by a practising accountant; and
(b)	if the licensee is a tenant at the packaged liquor licensed premises, an additional amount that is the lowest of—

(i)

6 months' rent under the lease of premises;

(ii)  the rental payable under the remaining term of the lease;

(iii)  an amount that would enable the licensee to terminate the lease.

(4) If the licensee and the prospective applicant

cannot agree as to the amount of the
minimum offer price—

(a)	the prospective applicant must notify the Director; and
(b)	the Director must appoint a person who, in the Director's opinion, is a

Liquor Control Reform (Packaged Liquor Licences) Act 2002

Act No. 39/2002	s. 10
suitably qualified person, to determine the amount of the minimum offer price in accordance with this section.

(5) A determination under sub-section (4)(b) as to the amount of the minimum offer price is binding on the licensee and the prospective applicant.

(6) The costs of a determination under sub-

section (4)(b) are to be borne equally by the
licensee and the prospective applicant.

26T. Director may require evidence

The Director may require an applicant for the with section 26Q or 26R (as the case requires), before considering whether or not to grant the application.'.
grant, transfer or relocation of a licence to

provide evidence, to the satisfaction of the

10. New section 35 inserted

For section 35 of the Principal Act substitute—

'35. Advertisement of licence application

(1) An applicant for the grant, variation or

relocation of a packaged liquor licence or a prescribed licence must cause notice of the application to be advertised in a newspaper circulating in the area—

(a)	in which the premises to which the application relates are or are to be situated; or
(b)	to which the licensed premises are sought to be relocated—

or to be advertised in the manner directed by
the Director under sub-section (3)(b).

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

(2) The Director may direct an applicant for the

grant, variation or relocation of a licence
(other than a packaged liquor licence or
prescribed licence) to cause notice of the
application to be advertised in a newspaper
circulating in the area—

(a)	in which the premises to which the application relates are or are to be situated; or
(b)	to which the licensed premises are sought to be relocated—

or to be advertised in the manner directed by

the Director under sub-section (3)(b).

(3) The Director may—

(a)	specify the newspaper in which notice of an application, or of applications of a specified class, is or are to be advertised;
(b)	direct that an application, or applications of a specified class, is or are to be advertised in another manner specified by the Director.

(4) A notice referred to in sub-section (1) or (2)

must comply with any requirements
specified by the Director as to size and the
information contained in it.

(5) The Director must refuse to consider an

application until the applicant has complied
with sub-section (1) or (2), as the case
requires.

(6) In this section—

Liquor Control Reform (Packaged Liquor Licences) Act 2002

Act No. 39/2002 s. 11

"prescribed licence" means a licence, other than a limited licence, of a class that is prescribed for the purposes of sub-

section (1).'.

11. Objections

(1) In section 38 of the Principal Act, after sub-

section (1) insert—

"(1A) In addition to the ground referred to in sub-

section (1), any person may object to the
grant, variation or relocation of a packaged
liquor licence on the ground that the grant,
variation or relocation would be conducive
to or encourage the misuse or abuse of
alcohol.".

(2) In section 40 of the Principal Act, after sub-

section (1) insert—

"(1A) In addition to the ground referred to in sub-

section (1), the Council of the municipal
district in which premises are situated may
object to—

(a)	the grant or variation of a packaged liquor licence in respect of those premises; or
(b)	the relocation of a packaged liquor licence to those premises—

on the ground that the grant, variation or
relocation would be conducive to or

encourage the misuse or abuse of alcohol.".

(3) In section 41(3) of the Principal Act, for

paragraph (a) substitute—

"(a) be made to the Director in writing within 30 days after—

(i)  in the case of an objection to the grant, variation or relocation of a licence—the

Liquor Control Reform (Packaged Liquor Licences) Act 2002

s. 12

s. 13	Act No. 39/2002
day on which notice of the application was first displayed under section 34(1); or

(ii)  in the case of an objection to the transfer of a licence—the day on which the application was made; and".

12. Miscellaneous amendments

In the Principal Act—

(a)	in sections 105(4) and 106(4), omit "or representations";
(b)	"residential licence" substitute "general in sections 131(1)(b) and 135(b), for licensed premises where accommodation for residents is provided".

13. Supreme Court—limitation of jurisdiction

At the end of section 179A of the Principal Act insert—

"(2) It is the intention of section 26K, as it applies

Liquor Control Reform (Packaged Liquor

to Division 3A of Part 2 as amended by the section 85 of the Constitution Act 1975.".

14. New Schedule 2 inserted

After Schedule 1 to the Principal Act insert—

"SCHEDULE 2

Section 26L(2)(a)

PACKAGED LIQUOR LICENCES TO WHICH DIVISION 3B OF PART 2 DOES NOT APPLY

Packaged liquor licence numbers:

Liquor Control Reform (Packaged Liquor Licences) Act 2002

Act No. 39/2002	s. 15
32006727	32024115
32051675	32023931
32051154	32003745
32022139	32008614
32008402	32024602
32050988	32050996
32024335	32021913
32050970	32051976
32050857	32050954".

15. Transitional provision

In Schedule 3 to the Principal Act, after clause 19 insert—

"20. Transitional provision—Liquor Control Reform (Packaged Liquor Licences) Act 2002

(1) Section 11(3)(aac) and (aad), as inserted by section 6(1) of the Liquor Control Reform (Packaged Liquor Licences) Act 2002,

extends to packaged liquor licences in force at
the commencement of that section 6(1).

(2) However, the licence condition referred to in

section 11(3)(aac) does not apply to a packaged
liquor licence until the financial year
commencing on 1 July 2003.

(3)	Section 35, as substituted by section 10 of the Liquor Control Reform (Packaged Liquor Licences) Act 2002, applies to an application made on or after the commencement of that
section 10.

(4) If—

(a) on or after 14 May 2002 but before the day on which the Liquor Control Reform (Packaged Liquor Licences) Act 2002 receives the Royal Assent, the

Liquor Control Reform (Packaged Liquor Licences) Act 2002

s. 16 Act No. 39/2002

Director grants or transfers to a person a packaged liquor licence; and

(b) the grant or transfer would have been prohibited by section 23 had the Liquor Control Reform (Packaged Liquor Licences) Act 2002 received the Royal Assent—

the grant or transfer (as the case requires) is,

and must be taken always to have been, void.".

16. Abolition of limit on packaged liquor licences

In the Principal Act—

(a) percentage", "related body corporate",

in section 3(1), the definitions of "permitted repealed;

(b) sections 8(2)(ca), 18A and 23, Divisions 3A and 3B of Part 2, sections 90(1)(fa) and 179A and Schedule 2 are repealed.

═══════════════
Liquor Control Reform (Packaged Liquor Licences) Act 2002

Act No. 39/2002 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 16 May 2002

Legislative Council: 11 June 2002

The long title for the Bill for this Act was "to amend the Liquor Control Reform Act 1998 with respect to packaged liquor licences and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 16 May 2002

Legislative Council: 11 June 2002

Absolute majorities:

Legislative Assembly: 6 June 2002

Legislative Council: 13 June 2002