Liquor Control Reform (Prohibited Supply) Regulations 2015 (Vic)

Version No. 001

Liquor Control Reform (Prohibited Supply) Regulations 2015

S.R. No. 155/2015

Version as at

19 December 2015

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Prohibition of supply of milk products

6Prohibition of supply of alcoholic vapour

7Prohibition of supply of certain liquor supplied in flexible tubes

8Prohibition of supply of liquor that is a dry, soluble, concentrated substance

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Liquor Control Reform (Prohibited Supply) Regulations 2015

S.R. No. 155/2015

Version as at

19 December 2015

1Objective

The objective of these Regulations is to prohibit the supply of certain classes of liquor.

2Authorising provision

These Regulations are made under section 118B of the Liquor Control Reform Act 1998.

3Commencement

These Regulations come into operation on 19 December 2015.

4Revocation

The following Regulations are revoked—

(a)the Liquor Control Reform (Prohibited Supply) Regulations 2005[1];

(b)the Liquor Control Reform (Prohibited Supply) Amendment Regulations 2008[2];

(c)the Liquor Control Reform (Prohibition of Supply of Powdered Alcohol) Regulations 2015[3].

5Prohibition of supply of milk products

(1)A person must not supply for consumption off licensed premises liquor that contains milk products that have not more than 20 grams of milk fat per kilogram.

Penalty:30 penalty units.

(2)A person must not supply for consumption on licensed premises liquor in a sealed container that contains milk products that have not more than 20 grams of milk fat per kilogram.

Penalty:30 penalty units.

6Prohibition of supply of alcoholic vapour

A person must not supply liquor that is a vapour that would as a liquid be a beverage with an alcohol content greater than 0×5% by volume at a temperature of 20° Celsius.

Penalty:30 penalty units.

7Prohibition of supply of certain liquor supplied in flexible tubes

(1)A person must not supply liquor in a flexible tube bearing a name that includes any one or more of the words "GO", "Vodka", "Wodka" or "Eikohol", whether spelled in upper case, lower case or any combination of both.

Penalty:30 penalty units.

(2)For the purposes of subregulation (1)—

flexible tube means a flexible metal, plastic or laminate container sealed permanently at one end and having a cap at the other end.

Example

.

8Prohibition of supply of liquor that is a dry, soluble, concentrated substance

(1)A person must not supply by retail liquor that is a dry, soluble, concentrated substance.

Penalty:30 penalty units.

(2)For the purposes of subregulation (1), a dry, soluble, concentrated substance includes powders, crystals, capsules and tablets.

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Endnotes

1   General information

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

The Liquor Control Reform (Prohibited Supply) Regulations 2015, S. R. No. 155/2015 were made on 15 December 2015 by the Governor in Council under section 112 of the Liquor Control Reform Act 1998, No. 94/1998 and came into operation on 19 December 2015: regulation 3.

The Liquor Control Reform (Prohibited Supply) Regulations 2015 will sunset 10 years after the day of making on 15 December 2025 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

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

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Liquor Control Reform (Prohibited Supply) Regulations 2015 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4(a): S.R. No. 171/2005 as amended by S.R. No. 20/2008.

[2] Reg. 4(b): S.R. No. 20/2008.

[3] Reg. 4(c): S.R. No. 57/2015.