Untitled document

Liquor Control Reform Amendment (Party Buses) Act 2009

No. 88 of 2009

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4Definitions

5BYO permit

6Offences by licensee and permittee

7New section 113A inserted

113AConsumption of liquor on party buses

8Infringement penalties

9Repeal of amendment after trial period

10Repeal of amending Act

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Endnotes

Liquor Control Reform Amendment (Party Buses) Act 2009

No. 88 of 2009

[Assented to 15 December 2009]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Liquor Control Reform Act 1998 in relation to the supply and consumption of liquor on party buses.

2Commencement

(1)Sections 1 and 5 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Section 9 comes into operation on the day on which section 11 of the Infringements and Other Acts Amendment Act 2008 comes into operation.

(3)Subject to subsection (4), the remaining provisions of this Act come into operation on a day to be proclaimed.

(4)If a provision referred to in subsection (3) does not come into operation before 1 November 2010, it comes into operation on that day.

3Principal Act

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

4Definitions

In section 3(1) of the Principal Act insert the following definition—

"party bus has the meaning set out in section 113A;".

5BYO permit

In section 15(2)(b) of the Principal Act after "club" insert "or a party bus".

6Offences by licensee and permittee

After section 108(5) of the Principal Act insert—

"(6)Subsection (4)(b) does not apply to a licensee or permittee if the licensed premises are a party bus.".

7New section 113A inserted

After section 113 of the Principal Act insert—

"113A   Consumption of liquor on party buses

(1)A person who is the operator of a party bus must not permit or allow any liquor to be consumed on the party bus in the prescribed circumstances unless a licence or a BYO permit is in force in respect of the party bus.

Penalty:50 penalty units.

(2)It is a defence to a prosecution for an offence under subsection (1) for the accused to prove that—

(a)the accused did not knowingly permit or allow the consumption of liquor on the party bus; and

(b)the accused had taken reasonable steps to ensure the liquor was not consumed on the party bus.

(3)For the purposes of subsection (1) the prescribed circumstances are that the party bus—

(a)is operating on or after 8 p.m. on a particular day and before 5 a.m. on the following day; and

(b)is operating—

(i)in a designated area; or

(ii)for the purpose of carrying passengers travelling to or from or visiting a designated area.

(4)In this section—

Australian Design Rules means the Australian Design Rules for Motor Vehicles and Trailers, endorsed by the Australian Transport Advisory Council and published pursuant to section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth;

bus means—

(a)a motor vehicle that has been built—

(i)with seating positions for 10 or more adults (including the driver); and

(ii)to comply with the requirements specified in the Australian Design Rules for a passenger omnibus (within the meaning of those Rules); or

(b)a motor vehicle prescribed to be a bus—

but does not include—

(c)a vehicle that is a taxi-cab in respect of which a taxi-cab licence is granted under the Transport Act 1983; or

(d)a motor vehicle prescribed not to be a bus;

community and private bus service means a service—

(a)consisting of the carriage of passengers by a bus for or in connection with the activities of a religious, educational, health, welfare, philanthropic, sporting or social body; and

(b)which is provided for no consideration or for consideration which is limited to the costs or part of the costs incurred in making the journey;

operator, in relation to a party bus, means a person who is responsible for controlling or directing the operations of the party bus but does not include—

(a)a person who merely maintains or arranges for the maintenance of a bus; or

(b)a person who carries out those functions as the employee of, or under the direction of, another person; or

(c)a person in a prescribed class of persons;

party bus means a bus that is operated for hire or reward for the carriage of passengers on the basis that the bus is pre-booked for those passengers but does not include—

(a)a bus operated by or for a community and private bus service; or

(b)a bus hired by or for a group of passengers who provide their own driver.".

8Infringement penalties

(1)After section 144(3) of the Principal Act insert—

"(4)Despite subsection (1), the infringement penalty for an offence against section 113A(1) is 2 penalty units.".

(2)In section 141 of the Principal Act—

(a)in subsection (1AA) for "(2)(m)" substitute "(2)(fc), (m)";

(b)after subsection (2)(fb) insert—

"(fc)section 113A(1) (consumption of liquor on party buses);".

9Repeal of amendment after trial period

Section 144(4) of the Principal Act is repealed.

10Repeal of amending Act

This Act is repealed on 1 November 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).

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Endnotes

Minister's second reading speech—

Legislative Assembly: 11 November 2009

Legislative Council: 9 December 2009

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 consumption of liquor on party buses and for other purposes."