Untitled document

Liquor Control Reform Amendment Act 2013

No. 1 of 2013

table of provisions

Section  Page

1Purpose

2Commencement

3Seizure of liquor from minors

4Delegation by the Commission

5Repeal of sunset provision

6Repeal of amending Act

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Endnotes

Liquor Control Reform Amendment Act 2013

No. 1 of 2013

[Assented to 12 February 2013]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Liquor Control Reform Act 1998—

(a)to provide that a member of the police force, protective services officer on duty at a designated place or gambling and liquor inspector who seizes liquor from a minor may tip out the liquor; and

(b)to allow the Commission to delegate its powers under Part 8B to a commissioner; and

(c)to extend the operation of Part 8B; and

(d)for other purposes.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Seizure of liquor from minors

(1)In section 128(1) of the Liquor Control Reform Act 1998—

(a)after "seize and" insert "tip out or"; and

(b)after "seized and" insert "tipped out or".

(2)For section 128(2) of the Liquor Control Reform Act 1998 substitute—

"(2)A member of the police force, protective services officer on duty at a designated place or gambling and liquor inspector who seizes and tips out liquor under subsection (1) must do so as soon as is practicable after seizure.".

(3)After section 128(2) of the Liquor Control Reform Act 1998 insert—

"(3)If liquor is seized and tipped out under subsection (1), it is taken to have been forfeited to the Crown immediately before it is tipped out.

(4)If liquor is seized and taken away under subsection (1) and the person from whom the liquor was seized is found guilty by a court of possessing the liquor in contravention of this Act, the court may order that the liquor be forfeited to the Crown or be destroyed or otherwise disposed of.

(5)No compensation is payable by the Crown in respect of any liquor tipped out, forfeited, destroyed or otherwise disposed of under this section.".

4Delegation by the Commission

In section 148ZR(1) of the Liquor Control Reform Act 1998, after "delegate to" insert
"a commissioner or".

5Repeal of sunset provision

Section 148ZZ of the Liquor Control Reform Act 1998 is repealed.

6Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Minister's second reading speech—

Legislative Assembly: 14 November 2012

Legislative Council: 13 December 2012

The long title for the Bill for this Act was "A Bill for an Act to make various amendments to the Liquor Control Reform Act 1998 and for other purposes."