Liquor Control Reform (Prohibited Products) Act 2001 (Vic)

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Liquor Control Reform (Prohibited Products) Act

2001

Act No. 88/2001

TABLE OF PROVISIONS

Section Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Definitions 2
5. Objects 2
6. Grounds to apply for an inquiry 2
7. New Division 1A inserted in Part 8 2
Division 1A—Restrictions on the Supply of Liquor and Other
Alcoholic Products 3
118A. Restrictions on retail supply of alcohol-based food
essences 3
118B.
Regulations prohibiting supply of classes of liquor 3
8. Consequential amendment of section 126 4
9. Notice of conviction 4
10. Infringement notices 4

═══════════════

ENDNOTES 5

i

Victoria

No. 88 of 2001

Liquor Control Reform (Prohibited

Products) Act 2001†

[Assented to 11 December 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Liquor the sale of certain alcoholic products.

2. Commencement

This Act comes into operation on 21 December
2001.

Liquor Control Reform (Prohibited Products) Act 2001

s. 7 Act No. 88/2001

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.

LawToday: dpc.vic.

gov.au

4. Definitions

In section 3(1) of the Principal Act—

(a)

before the definition of "authorised gaming ' "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;';

(b)

in the definition of "supply", omit ", in relation to liquor,".

5. Objects

In section 4(a) of the Principal Act, after sub-
paragraph (ii) insert—

"(iii) restricting the supply of certain other

alcoholic products; and".

6. Grounds to apply for an inquiry

In section 90(1) of the Principal Act, after
paragraph (b) insert—

"(ba) has contravened section 118A or a regulation

made under section 118B; or".

7. New Division 1A inserted in Part 8

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

After Division 1 of Part 8 of the Principal Act insert—

"Division 1A—Restrictions on the Supply of

Liquor and Other Alcoholic Products

118A. Restrictions on retail supply of

alcohol-based food essences

A person must not supply by retail an alcohol-based food essence that is packaged—

(a)

in the case of vanilla essence (whether natural or imitation)—in a container of more than 100 millilitres capacity;

(b)

in any other case—in a container of more than 50 millilitres capacity.

Penalty: 30 penalty units.

118B. Regulations prohibiting supply of classes of

liquor

(1) The Governor in Council, on the

recommendation of the Minister, may make
regulations prohibiting the supply of any

class of liquor.

(2) The Minister may recommend the making of

regulations under this section only if he or
she is satisfied that it is in the interest of the

community to do so.

(3) Regulations under this section—

(a)

may impose a penalty not exceeding 30 penalty units for a breach of the regulations;

(b)

may be of general or of specially limited application;

Liquor Control Reform (Prohibited Products) Act 2001

s. 8 Act No. 88/2001

(c)

may differ according to differences in time, place or circumstances.

(4) Regulations under this section are subject to

disallowance by a House of the Parliament.".

8. Consequential amendment of section 126

In section 126(4)(c) of the Principal Act, for

"supply" substitute "give".

9. Notice of conviction

In section 140(1) of the Principal Act, after "this

Act" insert "or the regulations".

10. Infringement notices

(1) In section 141(2) of the Principal Act, after

paragraph (i) insert—

"(ia) section 118A (supplying alcohol-based food

essences);

(ib) a regulation made under section 118B

(prohibition of the supply of liquor);".

(2) In section 144 of the Principal Act—

(a) after "of this Act" insert "or a regulation";

(b) after "that provision" insert "or regulation".

═══════════════
Liquor Control Reform (Prohibited Products) Act 2001

Act No. 88/2001 Endnotes

ENDNOTES

Minister's second reading speech—

Legislative Assembly: 1 November 2001

Legislative Council: 4 December 2001

The long title for the Bill for this Act was "to amend the Liquor Control
Reform Act 1998 to prohibit or restrict the sale of certain alcoholic
products and for other purposes."

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