Untitled document

Liquor Control Reform Amendment (ANZAC Day) Act 2010

No. 8 of 2010

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4General licence

5On-premises licence

6Restaurant and cafe licence

7Club licence

8Packaged liquor licence

9Late night licence

10Limited licence

11Major event licence

12BYO permit

13New sections 15A to 15D inserted

15AANZAC Day restrictions

15BExemptions from ANZAC Day restrictions—Duty free shops and aircraft

15CExemptions from ANZAC Day restrictions—Residents and guests

15DExemptions from ANZAC Day restrictions—Wineries

14Repeal of Act

═══════════════

Endnotes

Liquor Control Reform Amendment (ANZAC Day) Act 2010

No. 8 of 2010

[Assented to 16 March 2010]

The Parliament of Victoria enacts:

1Purpose

The main purpose of this Act is to amend the Liquor Control Reform Act 1998 in relation to the supply of liquor on ANZAC Day.

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 July 2010, it comes into operation on that day.

3Principal Act

In this Act the Liquor Control Reform Act 1998 is called the Principal Act.

4General licence

In section 8(1)(a)(iii) of the Principal Act, before "between" insert "subject to section 15A,".

5On-premises licence

(1)In section 9(1)(a)(iii) of the Principal Act, before "between" insert "subject to section 15A,".

(2)In section 9(1)(b)(iii) of the Principal Act, before "between" insert "subject to section 15A,".

6Restaurant and cafe licence

(1)In section 9A(1)(a)(ii) of the Principal Act, before "at any other times" insert "subject to section 15A,".

(2)In section 9A(1)(b) of the Principal Act, before "to supply" insert "subject to section 15A,".

7Club licence

(1)In section 10(2)(b) of the Principal Act, before "at any other times" insert "subject to section 15A,".

(2)In section 10(3) of the Principal Act, for "A restricted" substitute "Subject to section 15A, a restricted".

8Packaged liquor licence

In section 11(1)(c) of the Principal Act, before "between" insert "subject to section 15A,".

9Late night licence

(1)In section 11A(2)(a)(ii) of the Principal Act, before "at any other times" insert "subject to section 15A,".

(2)In section 11A(3)(a)(ii) of the Principal Act, before "at any other times" insert "subject to section 15A,".

(3)In section 11A(3)(b) of the Principal Act, before "to supply" insert "subject to section 15A,".

(4)In section 11A(4)(b) of the Principal Act, before "at any other times" insert "subject to section 15A,".

10Limited licence

(1)In section 14(1A)(a) of the Principal Act, after "Director" insert "subject to section 15A".

(2)In section 14(1B)(a) of the Principal Act, before "authorises" insert "subject to section 15A,".

11Major event licence

In section 14A(1) of the Principal Act, after "Director" insert "subject to section 15A".

12BYO permit

In section 15(1) of the Principal Act, for "A BYO" substitute "Subject to section 15A, a BYO".

13New sections 15A to 15D inserted

After section 15 of the Principal Act insert—

"15A   ANZAC Day restrictions

(1)Subject to sections 15B(1), 15C(1) and 15D(1), the following licences do not authorise the supply of liquor at any time between 3 a.m. and 12 noon on ANZAC Day despite anything to the contrary in section 9A, 10, 11A or 14(1B) or the licence—

(a)a restaurant and cafe licence;

(b)a club licence;

(c)a late night licence;

(d)a renewable limited licence.

(2)A BYO permit does not authorise the supply of liquor at any time between 3 a.m. and 12 noon on ANZAC Day despite anything to the contrary in section 15 or the permit.

(3)Subject to sections 15B(2), 15C(2) and 15D(2) the following licences do not authorise the supply of liquor at any time between 5 a.m. and 12 noon on ANZAC Day despite anything to the contrary in section 8, 9 or 11 or the licence—

(a)a general licence;

(b)an on-premises licence;

(c)a packaged liquor licence.

(4)The Director must not make a determination under section 14(1A)(a) or 14A(1) authorising the supply of liquor at any time between 3 a.m. and 12 noon on ANZAC Day unless the Director is satisfied that the supply of liquor—

(a)will occur in connection with ANZAC Day commemorative activities; and

(b)will be consistent with the solemn observance of that day.

(5)This section applies to a licence (other than a temporary limited licence or major event licence) or BYO permit whether granted before or after the commencement of section 13 of the Liquor Control Reform Amendment (ANZAC Day) Act 2010.

(6)This section applies to a temporary limited licence or major event licence granted after the commencement of section 13 of the Liquor Control Reform Amendment (ANZAC Day) Act 2010.

(7)This section does not apply to a licence held by the Returned and Services League or a sub-branch of the Returned and Services League.

15BExemptions from ANZAC Day restrictions—Duty free shops and aircraft

(1)Section 15A(1) does not prohibit the supply of liquor at any time between 3 a.m. and 12 noon on ANZAC Day under a licence if—

(a)that licence is held in relation to—

(i)an outwards duty free shop within the meaning of section 96A of the Customs Act 1901 of the Commonwealth; or

(ii)an inwards duty free shop within the meaning of section 96B of the Customs Act 1901 of the Commonwealth; or

(b)that liquor is supplied for purchase or consumption on an aircraft.

(2)Section 15A(3) does not prohibit the supply of liquor at any time between 5 a.m. and 12 noon on ANZAC Day under a licence if—

(a)that licence is held in relation to—

(i)an outwards duty free shop within the meaning of section 96A of the Customs Act 1901 of the Commonwealth; or

(ii)an inwards duty free shop within the meaning of section 96B of the Customs Act 1901 of the Commonwealth; or

(b)that liquor is supplied for purchase or consumption on an aircraft.

15CExemptions from ANZAC Day restrictions—Residents and guests

(1)Section 15A(1) does not prohibit the supply of liquor at any time between 3 a.m. and 12 noon on ANZAC Day under a late night (general) licence, a late night (on‑premises) licence or a renewable limited licence if that supply—

(a)is authorised under section 11A(2), 11A(3) or 14(1B) or the licence; and

(b)is either—

(i)to a resident of the licensed premises or the guest of a resident for consumption on the licensed premises; or

(ii)if the licensee resides on the licensed premises, on that part of the licensed premises set aside for the licensee's private residence to a guest of the licensee for consumption on that part of the licensed premises.

(2)Section 15A(3) does not prohibit the supply of liquor at any time between 5 a.m. and 12 noon on ANZAC Day under a general licence or an on-premises licence if that supply—

(a)is authorised under section 8 or 9 or the licence; and

(b)is either—

(i)to a resident of the licensed premises or the guest of a resident for consumption on the licensed premises; or

(ii)if the licensee resides on the licensed premises, on that part of the licensed premises set aside for the licensee's private residence to a guest of the licensee for consumption on that part of the licensed premises.

15DExemptions from ANZAC Day restrictions—Wineries

(1)Section 15A(1) does not prohibit the supply of liquor at any time between 3 a.m. and 12 noon on ANZAC Day under a licence if that supply—

(a)takes place on a winery owned or occupied by the licensee; or

(b)is connected with the business activities of a winery owned or occupied by the licensee.

(2)Section 15A(3) does not prohibit the supply of liquor at any time between 5 a.m. and 12 noon on ANZAC Day under a licence if that supply—

(a)takes place on a winery owned or occupied by the licensee; or

(b)is connected with the business activities of a winery owned or occupied by the licensee.

(3)In this section—

winery means a vineyard or orchard containing fruit-bearing vines or fruit trees from which liquor is produced.".

14Repeal of Act

This Act is repealed on 1 July 2011.

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).

═══════════════

Endnotes

Minister's second reading speech—

Legislative Assembly: 4 February 2010

Legislative Council: 25 February 2010

The long title for the Bill for this Act was "A Bill for an Act to amend the Liquor Control Reform Act 1998 in relation to the supply of liquor on ANZAC Day and for other purposes."