Untitled document
Justice Legislation Amendment Act 2011
No. 12 of 2011
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1Purpose
2Commencement
PART 2—AMENDMENTS TO THE LIQUOR CONTROL REFORM ACT 1998
3Definitions
4New Part 7A inserted
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
5Licensee must complete refresher approved responsible service of alcohol programs
6Licensee must keep approved responsible service of alcohol register
7Offences by persons other than licensee or permittee
8Power to serve an infringement notice
PART 3—AMENDMENTS TO THE SUMMARY OFFENCES ACT 1966
9Persons found drunk and disorderly
10Infringement penalty
11New section 60AC inserted
60ACPartial exclusion of the operation of the expiation principle
PART 4—GENERAL
12Statute law revision
13Repeal of Amending Act
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ENDNOTES
Justice Legislation Amendment Act 2011
No. 12 of 2011
[Assented to 10 May 2011]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purpose
The purpose of this Act is—
(a)to amend the Liquor Control Reform Act 1998 to enable persons to be barred from licensed premises and their vicinity in certain circumstances and to otherwise amend that Act; and
(b)to amend the Summary Offences Act 1966 to increase the penalties for being drunk and disorderly and to otherwise amend that Act.
2Commencement
(1)This Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 February 2012, it comes into operation on that day.
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PART 2—AMENDMENTS TO THE LIQUOR CONTROL REFORM ACT 1998
3Definitions
(1)In section 3(1) of the Liquor Control Reform Act 1998 insert the following definitions—
"barring order means an order served under section 106D, whether or not the order is varied under section 106I;
responsible person means a person responsible for the management or control of licensed premises;".
(2)After section 3(3) of the Liquor Control Reform Act 1998 insert—
"(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.".
4New Part 7A inserted
After Part 7 of the Liquor Control Reform Act 1998 insert—
PART 7A—BARRING ORDERS"
106CDefinitions
For the purposes of this Part, a reference to licensed premises includes any area adjacent to the licensed premises that is owned or occupied by the licensee or permittee.
106DBarring orders
A licensee, permittee, responsible person or member of the police force may, by order served on a person, bar the person from entering or remaining on licensed premises for a specified period if—
(a)the person is drunk, violent or quarrelsome in the licensed premises; or
(b)the licensee, permittee, responsible person or member of the police force reasonably believes that the safety of the person, or any other person in the licensed premises, is at substantial or immediate risk as a result of the consumption of alcohol by the person.
106EPolice must produce proof of identity
A member of the police force must produce proof of his or her identity and official status before serving a barring order on a person, unless the member is in uniform.
106FContent of barring order
A barring order must be in the prescribed form.
106GDuration of barring order
(1)A person on whom a barring order has been served may be barred under that order—
(a)if the person has not previously been served with a barring order barring the person from entering or remaining on the licensed premises, for a period not exceeding one month;
(b)if the person has on one previous occasion been served with a barring order barring the person from entering or remaining on the licensed premises, for a period not exceeding 3 months;
(c)if the person has on at least 2 previous occasions been served with a barring order barring the person from entering or remaining on the licensed premises, for a period not exceeding 6 months.
(2)Subject to subsection (1), a barring order has effect from the date and time the order is served and remains in force until the date and time of expiry as set out in the order, unless earlier revoked.
(3)For the purposes of determining whether a person has previously been barred, regard may only be had to barring orders that have been issued within the previous 3 years.
106HRequirement to give name and address
(1)A member of the police force who intends to serve a barring order on a person may request the person to state the person's name and address.
(2)A member of the police force who makes a request under subsection (1) must inform the person of the member's intention to serve a barring order on the person.
(3)A person must not, in response to a request made by a member of the police force in accordance with this section—
(a)refuse or fail to comply with the request without a reasonable excuse for not doing so; or
(b)state a name or address that is false in a material particular.
Penalty:5 penalty units.
(4)A person who is requested to state his or her name or address may request the member who made the request to state, orally or in writing, the member's name, rank and place of duty.
(5)A member of the police force must not, in response to a request under subsection (4)—
(a)refuse or fail to comply with the request, including refusing or failing to answer the request in writing if specifically requested to do so; or
(b)state a name or rank that is false in a material particular; or
(c)state as his or her place of duty an address other than the name of the police station which is the member's ordinary place of duty.
Penalty:5 penalty units.
(6)If a person states a name or address in response to a request made under subsection (1) and the member who made the request suspects on reasonable grounds that the stated name or address may be false, the member may request the person to produce evidence of the correctness of the name or address.
(7)A person must comply with a request under subsection (6), unless he or she has a reasonable excuse for not doing so.
Penalty:5 penalty units.
(8)It is not an offence for a person to fail to comply with a request made under subsection (1) or (6) if the member who made the request did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request.
106IVariation and revocation of barring order
(1)A licensee, permittee, responsible person or member of the police force who issues a barring order may, by subsequent order served on a person, revoke or vary that order.
(2)The Director may, either upon request or on the Director's own motion, vary or revoke a barring order.
(3)For the purposes of subsection (2), a request may only be made by—
(a)a licensee, permittee, or responsible person in respect of the licensed premises to which the order relates; or
(b)a member of the police force; or
(c)the person the subject of the order.
(4)If the Director varies or revokes a barring order under subsection (2), the Director must—
(a)serve notice of the variation or revocation on the person the subject of the barring order; and
(b)give a copy of the variation or revocation to the person who issued the order; and
(c)if the person who issued the order is not the licensee or permittee, give a copy of the variation or revocation to the licensee or permittee.
(5)If the Director varies an order under subsection (2), the variation is final and not subject to further variation or revocation by a licensee, permittee, responsible person or member of the police force.
(6)A notice of variation of a barring order must be in the prescribed form.
(7)A notice of revocation of a barring order must be in writing and must contain the prescribed particulars.
106JOffences
(1)A person must not without reasonable excuse enter or remain on licensed premises if there is a barring order in force in respect of the person for the licensed premises.
Penalty:20 penalty units.
(2)A person must not without reasonable excuse re-enter or remain in the vicinity of licensed premises if there is a barring order in force in respect of the person for the licensed premises.
Penalty:20 penalty units.
106KLicensee or permittee must keep records of barring orders
(1)A licensee or permittee must keep a record of any barring order issued under this Part, including a copy of any variation or revocation of a barring order, in respect of the licensee's or permittee's licensed premises.
Penalty:5 penalty units.
(2)A licensee or permittee must produce the records required to be kept under subsection (1) for inspection on being asked to do so by a member of the police force or a compliance inspector.
Penalty:5 penalty units.
(3)A member of the police force or compliance inspector must not, except to the extent necessary to carry out the member's or inspector's functions under this Part, give to any other person, any information acquired under subsection (2).
Penalty:5 penalty units.
(4)A licensee or permittee must not disclose any records required to be kept under subsection (1), or information contained in those records, to any other person except in accordance with subsection (2).
Penalty:5 penalty units.
(5)The records required to be kept under subsection (1) in relation to a barring order must be destroyed 3 years after the expiry or revocation of the barring order.
Penalty:5 penalty units.
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5Licensee must complete refresher approved responsible service of alcohol programs
In section 108AA(3) of the Liquor Control Reform Act 1998, for "person responsible for the management or control of the licensed premises" substitute "responsible person".
6Licensee must keep approved responsible service of alcohol register
(1)In section 108AD(3)(a) of the Liquor Control Reform Act 1998, for "person responsible for the management or control of the licensed premises" substitute "responsible person".
(2)In section 108AD(3)(b) of the Liquor Control Reform Act 1998, for "person responsible for the management or control of the licensed premises" substitute "responsible person".
7Offences by persons other than licensee or permittee
(1)For the penalty at the foot of section 114(2) of the Liquor Control Reform Act 1998 substitute—
"Penalty:50 penalty units.".
(2)After section 114(2) of the Liquor Control Reform Act 1998 insert—
"(3)A person who has been refused entry from licensed premises or who has left licensed premises following a request by any of the persons referred to in subsection (2)(a), (b) or (c) must not without reasonable excuse remain in the vicinity of the licensed premises.
Penalty:20 penalty units.
(4)A person who has been refused entry from licensed premises or who has left licensed premises following a request by any of the persons referred to in subsection (2)(a), (b) or (c) must not without reasonable excuse enter the licensed premises for a period of 24 hours commencing from the time of being refused entry or leaving the licensed premises.
Penalty:20 penalty units.
(5)For the purposes of this section, a reference to licensed premises includes any area adjacent to the licensed premises that is owned or occupied by the licensee or permittee.".
8Power to serve an infringement notice
(1)In section 141(1AA) of the Liquor Control Reform Act 1998, for "subsection (2)(fc), (m) or (n)" substitute "subsection (2)(dd), (de), (df), (dg), (dh), (fc), (gb), (gc), (m) or (n)".
(2)After section 141(2)(dc) of the Liquor Control Reform Act 1998 insert—
"(dd)section 106H(3)(a) (refusal to give name or address);
(de)section 106H(3)(b) (giving a false name or address);
(df)section 106H(7) (refusal to provide evidence of name or address);
(dg)section 106J(1) (entering or remaining on licensed premises from which a person is barred);
(dh)section 106J(2) (re-entering or remaining in the vicinity of licensed premises from which a person is barred);
(di)section 106K(1) (failure to keep records of barring orders);
(dj)section 106K(2) (failure to produce records of barring orders upon request);
(dk)section 106K(4) (unauthorised disclosure of records);
(dl)section 106K(5) (failure to destroy records of barring orders);".
(3)In section 141(2)(eab) of the Liquor Control Reform Act 1998, for "person responsible for the management or control of the licensed premises" substitute "responsible person".
(4)After section 141(2)(ga) of the Liquor Control Reform Act 1998 insert—
"(gb)section 114(3) (remaining in the vicinity of licensed premises after being refused entry or requested to leave);
(gc)section 114(4) (entering licensed premises within 24 hours of being refused entry or being requested to leave);".
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PART 3—AMENDMENTS TO THE SUMMARY OFFENCES ACT 1966
9Persons found drunk and disorderly
For the penalty at the foot of section 14 of the Summary Offences Act 1966 substitute—
"Penalty:For a first offence—20 penalty units or imprisonment for three days;
For a second or subsequent offence—20 penalty units or imprisonment for one month.".
10Infringement penalty
(1)In section 60AB(4) of the Summary Offences Act 1966 omit ", 14".
(2)After section 60AB(4) of the Summary Offences Act 1966 insert—
"(5)Despite subsection (1) the infringement penalty for an alleged offence against section 14 for which an infringement notice may be served is—
(a)5 penalty units; or
(b)in the case of—
(i)a person who has within the previous 3 years been served with an infringement notice under section 60AA in respect of an alleged offence against section 14 (whether or not the infringement penalty set out in the notice has been paid)—10 penalty units; or
(ii)a person who has been convicted of an offence against section 14—10 penalty units.".
11New section 60AC inserted
After section 60AB of the Summary Offences Act 1966 insert—
60AC"Partial exclusion of the operation of the expiation principle
To the extent necessary to give effect to section 60AB(5)(b), sections 32 and 33 of the Infringements Act 2006 do not apply.".
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PART 4—GENERAL
12Statute law revision
Section 141(2)(ea) of the Liquor Control Reform Act 1998 is repealed.
13Repeal of Amending Act
This Act is repealed on 1 December 2012.
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: 3 March 2011
Legislative Council: 24 March 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the Liquor Control Reform Act 1998 to provide for persons to be barred from licensed premises and their vicinity in certain circumstances, to amend the Summary Offences Act 1966 to increase the penalties for being drunk and disorderly, to make other amendments to those Acts and for other purposes."
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