Untitled document
Liquor Control Reform (Underage Drinking and Enhanced Enforcement) Act 2004
Act No. 92/2004
table of provisions
Section Page
Part 1—Preliminary Matters
1.Purpose
2.Commencement
Part 2—Amendments to the Liquor Control Reform Act 1998
Division 1—Underage Drinking
3.Definitions
4.Presence of minors on licensed premises
5.Extension of categories of premises not to be licensed
6.Clarification concerning presence of minors on licensed premises
7.Substitution of section 125
125.Offence to falsely procure proof of age card
8.Destruction of liquor seized from minors
Division 2—Amendments to Enforcement and Other Provisions
9.Definitions
10.Insertion of section 3B
3B.Where supply occurs if off-premises request made
11.Changes to name and structure of Co-ordinating Council
12.Additional authorisation under on-premises licence
13.Extension of authorisation of pre-retail licences
14.Insertion of section 25A
25A.Restriction on insertion of licence condition permitting vending machines
15. Additional information to be provided in licence and permit applications
16. Objection to police licence variation application
17.Licence variation applications by police need not be displayed
18.Application fees
19.Nominees of licensee or permittee
20.Insertion of section 58A
58A.Correcting mistakes
21.Additional VCAT reviews
22.Grounds of application for inquiry
23.Increases to penalties
24.Inspection of residents' register
25.Insertion of sections 101A and 101B
101A.Plan of premises to be given to the Director if requested
101B.Plan of premises to be retained and produced for inspection
26.Insertion of section 103A
103A.Change of associates
27.Minor amendment
28.Insertion of section 106A
106A.Lessees etc. are liable for offences
29.Insertion of sections 108A and 108B
108A. Evidence to be produced that responsible service programs undertaken
108B.Corporate licensee must provide details of directors
30.Insertion of section 109A
109A.Sale of liquor through vending machines
31.Repeal of redundant provisions
32.General warrants to enter and search
33.Insertion of section 130A
130A.Details of warrant to be given to occupier
34.Search and seizure powers
35.Insertion of sections 133A–133E
133A.Meaning of "authorised person" in sections 133B to 133E
133B.Copies of certain seized things to be given
133C.Access to seized documents
133D. Use of equipment to examine or process documents
133E. Use or seizure of electronic equipment at premises
36.Additional infringement notice offences
37.Dry area polls
Part 3—Amendments to the Business Licensing Authority Act 1998
38.Constitution of the Authority
39.Members of the Authority
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Endnotes
Liquor Control Reform (Underage Drinking and Enhanced Enforcement) Act 2004
[Assented to 7 December 2004]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary Matters
1.Purpose
The purpose of this Act is—
(a)to amend the Liquor Control Reform Act 1998—
(i)to make various changes concerning underage drinking; and
(ii)to enhance the enforcement powers of members of the police force under that Act; and
(iii)to increase the penalties that apply to a number of the offences under that Act and to widen the categories of infringement notice offences; and
(iv)to make a number of technical changes to improve the operation of that Act; and
(b)to amend the Business Licensing Authority Act 1998 to make minor changes to the constitution and operation of the Business Licensing Authority.
2.Commencement
(1)This Act (other than Part 3 and section 37) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to sub-section (3), Part 3 and section 37 come into operation on a day or days to be proclaimed.
(3)If a provision referred to in sub-section (2) does not come into operation before 1 June 2006, it comes into operation on that day.
__________________
Part 2—Amendments to the Liquor Control Reform Act 1998
Division 1—Underage Drinking
3.Definitions
In section 3(1) of the Liquor Control Reform Act 1998 insert the following definitions—
' "guardian", in relation to a person who is under the age of 18 years, means a person who is authorised by law to manage the affairs of that young person;
"responsible adult", in relation to a person who is under the age of 18 years, means a person who is of or over the age of 18 years and who is—
(a)the younger person's parent, step-parent, guardian or grandparent; or
(b)the younger person's spouse; or
(c)a person who is acting in place of a parent and who could reasonably be expected to exercise responsible supervision of the younger person;'.
4.Presence of minors on licensed premises
(1)In the Liquor Control Reform Act 1998—
(a)for section 120(1)(b)(i) of the Liquor Control Reform Act 1998 substitute—
"(i)in the company of a responsible adult; or";
(b)for section 123(1)(c)(v) of the Liquor Control Reform Act 1998 substitute—
"(v)unless he or she is in the company of a responsible adult; or".
(2)After section 120(4) of the Liquor Control Reform Act 1998 insert—
"(5)If an issue arises under this section as to whether a person accompanying a person under the age of 18 years is a responsible adult or not, the test to be used is whether or not a reasonable person would be justified in assuming at the relevant time that the accompanying person was a responsible adult.".
5.Extension of categories of premises not to be licensed
After section 22(1)(c) of the Liquor Control Reform Act 1998 insert—
"(ca)premises that, in the opinion of the Director, are intended by the occupier of the premises to be primarily used by people under the age of 18 years; or".
6.Clarification concerning presence of minors on licensed premises
(1)In section 119(5)(d) of the Liquor Control Reform Act 1998—
(a)after "the supply of" insert "packaged";
(b)after "age of 18 years" insert "for consumption off the licensed or authorised premises".
(2)After section 120(2)(c) of the Liquor Control Reform Act 1998 insert—
"(ca)to the presence on licensed premises or authorised premises of a person who is employed to deliver packaged liquor for consumption off the premises to people of or over the age of 18 years and who is on the premises by reason of that employment; or".
(3)In section 123(2)(d) of the Liquor Control Reform Act 1998—
(a)after "possession of" insert "packaged";
(b)after "age of 18 years" insert "for consumption off the licensed or authorised premises".
7.Substitution of section 125
For section 125 of the Liquor Control Reform Act 1998 substitute—
"125.Offence to falsely procure proof of age card
(1)A person who applies for a proof of age document must not, in support of that application—
(a)supply any information, document or material that he or she knows is false or misleading; or
(b)pass off any document or material that does not relate to him or her as a document or material that does relate to him or her.
Penalty:20 penalty units.
(2)A person must not give a document or other material to another person if he or she knows—
(a)both that the other person intends to use the document or material to support an application for a proof of age document, and that the document or material contains information that is false or misleading; or
(b)that the other person intends to use the document or material contrary to sub-section (1)(b).
Penalty:20 penalty units.".
8.Destruction of liquor seized from minors
At the end of section 128 of the Liquor Control Reform Act 1998 insert—
"(2)If a person from whom liquor was seized under sub-section (1) 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.".
Division 2—Amendments to Enforcement and Other Provisions
9.Definitions
(1)In section 3(1) of the Liquor Control Reform Act 1998 insert the following definitions—
' "associate", in relation to a person, means—
(a)a spouse or domestic partner of the person, or in the case of a person who is a body corporate, of any director of the body corporate, but does not include a spouse or domestic partner—
(i)who is not, and has never been, involved in any business of the person involving the sale of liquor; or
(ii)who will not be involved in the business the person proposes to conduct as a licensee or permittee; or
(b)a business partner of the person; or
(c)a participant in a business arrangement or relationship with the person in respect of any business involving the sale of liquor;
"convenience store" means a premises of not more than 240 square metres on which food, drinks and other convenience goods are sold;
"domestic partner" of a person means an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(a)for fee or reward; or
(b)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"food court" means an area set aside on a retail premises for the consumption of food or drink by the customers of premises used for the sale of food or drink that are next to, or near, the area;
"spouse" of a person means a person to whom the person is married;
"vending machine" means a machine or device that is designed to enable the purchase of items stored in the machine or device by the insertion of money, a token, a card or a similar object into the machine or device;'.
(2)In section 3(1) of the Liquor Control Reform Act 1998, in the definition of "guest", for paragraph (b) substitute—
"(b)in relation to licensed premises under a club licence, means a person introduced to the club by a member in accordance with the rules of the club;".
10.Insertion of section 3B
After section 3A of the Liquor Control Reform Act 1998 insert—
"3B.Where supply occurs if off-premises request made
For the purposes of this Act, if liquor is provided to a person who was not on licensed premises at the time the person ordered the liquor, the supply of the liquor to the person occurs at the place where the liquor provided was appropriated to the person's order.
Examples:
1.A customer sits down at a kerb-side table of premises operated by the holder of a general licence. She orders a glass of wine. The waiter takes the order to the bar, where a glass is filled. The waiter then takes the glass to the customer. In this scenario the wine in the glass is supplied to the customer at the bar because that is where it was appropriated to the customer's order.
2.A customer orders the home delivery of a carton of beer by phone from the manager of premises licensed to supply liquor for consumption off the premises. The customer pays for the beer by providing his credit card details over the phone. The manager selects the beer from the fridge, and a staff member delivers the beer to the customer's house. In this scenario the beer is supplied to the customer at the fridge because that is where it was appropriated to the customer's order.".
11.Changes to name and structure of Co-ordinating Council
(1)In section 5 of the Liquor Control Reform Act 1998, insert the following heading—
"Liquor Control Advisory Council".
(2)For sections 5(1), 5(2) and 5(3) of the Liquor Control Reform Act 1998 substitute—
"(1)There is established a Liquor Control Advisory Council to advise the Minister on problems of alcohol abuse and on any other matters referred to it by the Minister.
(2)The Council consists of a Chairperson and as many other members as the Minister considers it appropriate to appoint.
(3)In appointing a person to be a member of the Council, the Minister must be satisfied that the person has appropriate knowledge, experience or skills.".
(3)In section 5(7) of the Liquor Control Reform Act 1998, for "Governor in Council" substitute "Minister".
(4)The Co-ordinating Council under the Liquor Control Reform Act 1998 as in force immediately before the commencement of this section is abolished and the members of that Council cease to hold office.
12.Additional authorisation under on-premises licence
In section 9(1) of the Liquor Control Reform Act 1998—
(a)in paragraph (b), for "premises." substitute "premises; and";
(b)after paragraph (b) insert—
"(c)if specifically authorised by the Director, to supply liquor in an open container for consumption in a food court next to, or near, the licensed premises.".
13.Extension of authorisation of pre-retail licences
For section 12(1) of the Liquor Control Reform Act 1998 substitute—
"(1)A pre-retail licence authorises the licensee to supply liquor at any time and on any premises—
(a)to a person who holds a licence under this Act; and
(b)to a person licensed to sell or supply liquor by or under a law of another State or Territory if the liquor supplied is to be consumed outside Victoria; and
(c)to a person for the purpose of exporting the liquor supplied out of Australia.".
14.Insertion of section 25A
After section 25 of the Liquor Control Reform Act 1998 insert—
"25A.Restriction on insertion of licence condition permitting vending machines
The Director may only specify in a licence that the licensee may sell liquor by means of a vending machine if the Director has the approval of the Minister to do so.".
15.Additional information to be provided in licence and permit applications
(1)In section 28(1) of the Liquor Control Reform Act 1998—
(a)after paragraph (a) insert—
"(aa)list the names and addresses of the applicant's associates; and";
(b)after paragraph (c)(i) insert—
"(ia)a plan or depiction of the premises in respect of which the licence or BYO permit is sought in a form specified by the Director; and".
(2)After sections 29(3)(c)(i) and 32(2)(c)(i) of the Liquor Control Reform Act 1998 insert—
"(ia)a plan or depiction of the licensed premises in a form specified by the Director; and".
(3)After section 31(2)(c)(i) of the Liquor Control Reform Act 1998 insert—
"(ia)a plan or depiction of the premises to which it is sought to relocate the licence or BYO permit in a form specified by the Director; and".
16.Objection to police licence variation application
In section 30 of the Liquor Control Reform Act 1998—
(a)for paragraphs (a) and (b) substitute—
"(a)the Director must, not later than 14 days after the application is received by him or her, give a copy of the application—
(i)to the licensee or permittee; and
(ii)to the owner, and any mortgagee registered with the Director, of the licensed premises;
(b)the licensee or permittee may, within 21 days after receiving the copy of the application, object to the application by giving notice in writing to the Director of the objection and the grounds for objecting;";
(b)in paragraph (c), for "objection" (wherever occurring) substitute "notice".
17.Licence variation applications by police need not be displayed
After section 34(7) of the Liquor Control Reform Act 1998 insert—
"(8)This section does not apply in respect of an application made under section 29(1)(b) for the variation of a licence.
Note:Applications for variation under section 29(1)(b) can only be made by the Chief Commissioner or a licensing inspector.".
18.Application fees
(1)This section amends the Liquor Control Reform Act 1998.
(2)After section 54(2) insert—
"(2A)An application under this section must be accompanied by the fee specified in the regulations for the purposes of this section.".
(3)After section 80(2) insert—
"(3)An application under this section must be accompanied by the fee specified in the regulations for the purposes of this section.".
(4)At the end of section 81 insert—
"(2)An application under this section must be accompanied by the fee specified in the regulations for the purposes of this section.".
(5)After section 104(1) insert—
"(1A)An application under this section must be accompanied by the fee specified in the regulations for the purposes of this section.".
(6)After section 105(1) insert—
"(1A)A request for the Director's consent must be accompanied by the fee specified in the regulations for the purposes of this section.".
(7)After section 106(1) insert—
"(1A)A request for the Director's consent must be accompanied by the fee specified in the regulations for the purposes of this section.".
(8)After section 120(2) insert—
"(2A)A request for the Director's approval for the purposes of sub-section (2)(a)(i) must be accompanied by the fee specified in the regulations for the purposes of that sub-section.".
(9)In section 176(2)—
(a)in paragraph (b), for "Director." substitute "Director; and";
(b)after paragraph (b) insert—
"(c)accompanied by the fee specified in the regulations for the purposes of this section.".
19.Nominees of licensee or permittee
(1)After section 54(6) of the Liquor Control Reform Act 1998 insert—
"(6A)A person becomes the nominee of the licensee or permittee on the Director granting the application.".
(2)After section 54(9) of the Liquor Control Reform Act 1998 insert—
"(10)A person ceases to be a nominee on ceasing to manage or control the licensed premises in circumstances in which that cessation is, or is likely to be, permanent.
Note:On a person ceasing to be a nominee, section 53(4) ceases to apply. This has the effect under section 53 of re-imposing liability as a licensee or permittee on the directors or members of the committee of management (as the case may be) of the body holding the licence or permit.
(11)The licensee or permittee must notify the Director in writing that a person has ceased to be the nominee of the licensee or permittee within 14 days after that cessation occurs.
Penalty applying to this sub-section: 5 penalty units.".
20.Insertion of section 58A
After section 58 of the Liquor Control Reform Act 1998 insert—
"58A.Correcting mistakes
The Director, at his or her own initiative, may at any time vary a licence or BYO permit to correct—
(a)a clerical mistake; or
(b)an error arising from an accidental slip or omission; or
(c)a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the licence or permit; or
(d)a defect of form.".
21.Additional VCAT reviews
After section 88(3) of the Liquor Control Reform Act 1998 insert—
"(4)If—
(a)the Chief Commissioner lodges an objection to an application, or the grant of an application, under section 54, 62, 83 or 104; and
(b)the Director grants or approves the application—
the Chief Commissioner may apply to the Tribunal for a review of the Director's decision in respect of the application.
(5)If—
(a)a person objects to the giving of a consent under section 105 or 106; and
(b)the consent is given; and
(c)the objection was considered by the Director before the consent was given—
the person who lodged the objection may apply to the Tribunal for a review of the Director's decision in respect of the giving of the consent.".
22.Grounds of application for inquiry
In section 90(1) of the Liquor Control Reform Act 1998—
(a)for paragraph (a) substitute—
"(a)has contravened this Act, the regulations, the licence or BYO permit, or a condition of the licence or BYO permit; or";
(b)for paragraph (d) substitute—
"(d)has been convicted of an offence under Part 2 of the Food Act 1984 in relation to liquor supplied by him, her or it; or";
(c)in paragraph (fa) omit "26F or";
(d)after paragraph (h) insert—
"(ha)has altered the licensed premises in a way that would have prevented the granting of the licence under section 22 had the alterations been in place immediately before the licence was granted; or".
23.Increases to penalties
(1)For section 91(1)(b)(iv) of the Liquor Control Reform Act 1998 substitute—
"(iv)an order imposing a fine on the licensee or permittee not exceeding $30 000;".
(2)In the Liquor Control Reform Act 1998—
(a)in sections 105(1), 106(1), 108(1), 118(1), 119(1), 119(2), 119(3), 120(1) and 121, for "20 penalty units" substitute "60 penalty units";
(b)in section 107(1), for "50 penalty units" substitute "120 penalty units";
(c)in section 119(4), for "5 penalty units" substitute "10 penalty units";
(d)in section 122(1), for "10 penalty units" substitute "60 penalty units";
(e)in section 129(5), for "15 penalty units" substitute "60 penalty units".
24.Inspection of residents' register
In section 100 of the Liquor Control Reform Act 1998—
(a)in paragraph (d), for "entry." substitute "entry;";
(b)after paragraph (d) insert—
"(e)must produce the register for inspection if asked to do so by a member of the police force.".
25.Insertion of sections 101A and 101B
After section 101 of the Liquor Control Reform Act 1998 insert—
"101A.Plan of premises to be given to the Director if requested
(1)The Director may, at any time, require a licensee or permittee to give to the Director a current plan or depiction of the licensed premises in a form specified by the Director.
(2)A requirement must be made in writing and must specify the form in which the plan or depiction is required.
(3)As soon as is practicable after receiving a written requirement under this section, a licensee or permittee must comply with the requirement.
Penalty:10 penalty units.
(4)The Director may certify that a plan or depiction provided to him or her under this section is in the required form.
101B.Plan of premises to be retained and produced for inspection
(1)A licensee or permittee must keep on the licensed premises at all times a copy of the last plan or depiction of the licensed premises that was—
(a)submitted to the Director under Division 4 of Part 2 as part of an application that was granted; or
(b)that was certified by the Director under section 101A—
(whichever is the later document).
Penalty:10 penalty units.
(2)The licensee or permittee must produce a copy of the plan or depiction for inspection if asked to do so by a member of the police force.
Penalty:10 penalty units.".
26.Insertion of section 103A
After section 103 of the Liquor Control Reform Act 1998 insert—
"103A.Change of associates
(1)This section applies if a licensee or permittee has previously given the Director the names and addresses of his, her or its associates.
(2)The licensee or permittee must, within 14 days after the occurrence of either of the following events, notify the Director in writing of the event—
(a)that a person has ceased to be his, her or its associate; or
(b)that a person has become his, her or its associate.
Penalty:5 penalty units.".
27.Minor amendment
In section 105(1) of the Liquor Control Reform Act 1998, before "the right to supply" insert "assign".
28.Insertion of section 106A
After section 106 of the Liquor Control Reform Act 1998 insert—
"106A.Lessees etc. are liable for offences
(1)This section applies to a person—
(a)who, under a consent given under section 105, lets or sub-lets any part of any licensed premises or is assigned the right to supply liquor; or
(b)who, under a consent given under section 106, carries on the business of supplying liquor on any licensed premises.
(2)This section applies if the person does, or omits to do, anything while operating under the consent given under section 105 or 106 that would be an offence under this Act if the person were the licensee or permittee of the premises in respect of which the consent was given.
(3)The person is liable for his, her or its act or omission as if he, she or it were the licensee or permittee.
(4)If the person is a body corporate, the directors of the body corporate at the time of the act or omission are severally liable for the act or omission as if they were the licensee or permittee.
(5)Nothing in this section is intended to affect or reduce the liability of the licensee or permittee with respect to the act or omission of the person.".
29.Insertion of sections 108A and 108B
After section 108 of the Liquor Control Reform Act 1998 insert—
"108A.Evidence to be produced that responsible service programs undertaken
(1)This section applies if it is a condition of a licence or permit that the licensee or permittee, or a person acting on behalf of the licensee or permittee under the licence or permit, has completed a responsible service of alcohol program or course.
(2)The licensee or permittee must, on being asked by a member of the police force, produce for inspection—
(a)evidence that the licensee, permittee or person acting on behalf of the licensee or permittee has completed the required program or course; and
(b)if the relevant licence or permit condition requires that the licensee, permittee or person have completed the required program or course during a particular period of time, evidence that the program or course was completed by that person within that period.
Penalty:5 penalty units.
(3)Sub-section (2) does not apply if the licensee, permittee or person acting on behalf of the licensee or permittee has not completed the required program or course, or did not complete the program or course within a required period.
Note:Sub-section (3) ensures that a person does not commit an offence by failing to produce evidence that does not exist. If the evidence does not exist the person would have committed a more serious offence under section 108 in not complying with the licence or permit conditions.
108B.Corporate licensee must provide details of directors
(1)A licensee who is a body corporate (other than a club) must give a list of the names and addresses of its directors as at a specified date to a member of the police force within 48 hours after being asked to do so by the member.
Penalty:10 penalty units.
(2)A licensee who is a club must give a list of the names and addresses of the members of its committee of management as at a specified date to a member of the police force within 48 hours after being asked to do so by the member.
Penalty:10 penalty units.
(3)In responding to a request under this section, a licensee must not give the member any information that is false or misleading.
Penalty:20 penalty units.
(4)It is a defence to a prosecution under sub-section (3) for the defendant to prove that when the information was given the defendant—
(a)believed on reasonable grounds that the false matter was true; or
(b)believed on reasonable grounds that the misleading matter was not misleading.".
30.Insertion of section 109A
After section 109 of the Liquor Control Reform Act 1998 insert—
"109A.Sale of liquor through vending machines
A person must not sell liquor by means of a vending machine unless—
(a)it is specified by the Director in a licence that the person may do so; and
(b)the vending machine is on the licensed premises; and
(c)the person complies with any conditions specified by the Director in the licence concerning the use of the vending machine.
Penalty:60 penalty units.".
31.Repeal of redundant provisions
Sections 126(2) and 126(3) of the Liquor Control Reform Act 1998 are repealed.
32.General warrants to enter and search
(1)In section 130(1) of the Liquor Control Reform Act 1998—
(a)for paragraph (a) substitute—
"(a)in any premises liquor is supplied by a person—
(i)who does not hold a licence authorising the supply; and
(ii)who is required under this Act to hold such a licence to supply the liquor; or";
(b)for paragraph (f) substitute—
"(f)to take possession of any documents relating to the supply or purchase of liquor; and".
(2)After section 130(1) of the Liquor Control Reform Act 1998 insert—
"(1A)The person to whom a warrant is issued must ensure that any thing that was seized under the warrant is brought before the Magistrates' Court as soon as is practicable after the seizure to enable the thing to be dealt with according to law.".
33.Insertion of section 130A
After section 130 of the Liquor Control Reform Act 1998 insert—
"130A.Details of warrant to be given to occupier
(1)If the occupier is present at the premises where a search warrant is being executed, the member of the police force must—
(a)identify himself or herself to the occupier if he or she is not in uniform; and
(b)give to the occupier a copy of the warrant.
(2)If the occupier is not present at the premises where a search warrant is being executed but another person is present, the member of the police force must—
(a)if he or she is not in uniform, identify himself or herself to that person; and
(b)give the person a copy of the warrant.".
34.Search and seizure powers
(1)After section 133(1) of the Liquor Control Reform Act 1998 insert—
"(1A)Before exercising a power under sub-section (1) (other than the initial entry on to any premises under sub-section (1)(a))—
(a)an authorised person who is not a member of the police force must produce for inspection evidence of his or her authority to act as an authorised person;
(b)a member of the police force must produce for inspection his or her identification as a member of the police force if he or she is not in uniform.".
(2)After section 133(2) of the Liquor Control Reform Act 1998 insert—
"(2A)A person is not guilty of an offence under sub-section (2)(a), (2)(b) or (2)(c) in respect of an act or omission if the person was not warned by the authorised person that the act or omission constituted an offence under this Act.".
(3)In section 133(7) of the Liquor Control Reform Act 1998—
(a)in paragraph (b), for "sub-section (6)." substitute "sub-section (6);";
(b)after paragraph (b) insert—
"(c)the Chief Commissioner;
(d)a licensing inspector.".
35.Insertion of sections 133A133E–
After section 133 of the Liquor Control Reform Act 1998 insert—
'133A.Meaning of "authorised person" in sections 133B to 133E
In sections 133B to 133E "authorised person" means—
(a)in the case of a seizure under section 130, the member of the police force executing the warrant;
(b)in the case of a seizure under section 133, the person exercising the power conferred by that section.
133B.Copies of certain seized things to be given
(1)If, in exercising a power under section 130 or 133, an authorised person seizes a document, he or she must give a copy of the document to the owner or custodian of the document as soon as is practicable after the seizure, and in any event no later than 21 days after the seizure.
(2)Sub-section (1) does not apply if the authorised person is unable to discover the identity of the owner or custodian of the document.
(3)If the authorised person does not give a copy of a document to the owner or custodian of the document before the authorised person leaves the premises, the authorised person must give a receipt for the document to the person from whom it is seized and removed.
(4)In the case of a paper document, the authorised person must certify on any copy of the document given to a person under this section that the copy is an accurate copy of the document.
(5)A copy of a document certified under sub-section (4) is to be received in all courts and tribunals as evidence of equal validity to the original.
133C.Access to seized documents
(1)If a document is seized under this Part, the authorised person who seized the document must, if practicable, allow the person who would normally be entitled to possession of the document reasonable access to it while it remains in the possession, or under the control, of the authorised person.
(2)This section does not apply if the authorised person has given the person an accurate copy of the document.
133D. Use of equipment to examine or process documents
(1)An authorised person may bring on to any premises any equipment reasonably necessary for the examination or processing of documents found at the premises in order to determine whether they are documents that may be seized.
(2)If—
(a)it is not practicable to examine or process the documents at the premises; or
(b)the occupier of the premises consents in writing—
the documents may be moved to another place so that the examination or processing can be carried out in order to determine whether they are documents that may be seized.
(3)The authorised person, or a person assisting the authorised person, may operate equipment already at the premises to carry out the examination or processing of a document found at the premises in order to determine whether it is a document that may be seized, if the authorised person or person assisting believes on reasonable grounds that—
(a)the equipment is suitable for the examination or processing; and
(b)the examination or processing can be carried out without damage to the equipment or the document.
133E. Use or seizure of electronic equipment at premises
(1)If—
(a)a thing found at any premises is, or includes, a disk, tape or other device for the storage of information; and
(b)equipment at the premises may be used with the disk, tape or other storage device; and
(c)the authorised person believes on reasonable grounds that the information stored on the disk, tape or other storage device is relevant to furthering the purpose of the authorised person's inspection—
the authorised person or a person assisting the authorised person may operate, or may require the occupier or an employee of the occupier to operate, the equipment to access the information.
(2)If the authorised person or a person assisting the authorised person finds that a disk, tape or other storage device at the premises contains information of the kind referred to in sub-section (1)(c), he or she may—
(a)put the information in documentary form and seize the documents so produced; or
(b)copy the information to another disk, tape or other storage device and remove that storage device from the premises; or
(c)if it is not practicable to put the information in documentary form nor to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.
(3)An authorised person or a person assisting an authorised officer must not operate or seize equipment for the purpose mentioned in this section unless the authorised person or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.'.
36.Additional infringement notice offences
In section 141(2) of the Liquor Control Reform Act 1998—
(a)for paragraph (a) substitute—
"(a)section 98 (owners and mortgagees of licensed premises);
(aa)section 99 (refreshments to be available);
(ab)section 100 (except paragraph (d)) (residents' register);";
(b)after paragraph (b) insert—
"(ba)section 101B(2) (failure to produce plan of premises to police on request);";
(c)after paragraph (d) insert—
"(da)section 105 (no letting or sub-letting without consent);";
(d)after paragraph (e) insert—
"(ea)section 108A (licensee must produce evidence that responsible service programs undertaken);
(eb)section 108B (except sub-section (3)) (corporate licensee must provide details of directors);";
(e)after paragraph (f) insert—
"(fa)section 111(a) (certain offences at licensed premises contrary to the licence or permit);";
(f)in paragraph (k), for "minor)." substitute "minor);";
(g)after paragraph (k) insert—
"(l)section 130(3) (fail to give, or give false, name or address to police exercising search warrant).".
37.Dry area polls
In Schedule 3 to the Liquor Control Reform Act 1998—
(a)after clause 17(2)(e)(ii) insert—
"(iii)the voting may be conducted by means of postal voting;";
(b)after clause 17(3) insert—
"(4)The applicants for the new licence, or the relocation of an existing licence, are liable for the reasonable expenses incurred by the Electoral Commissioner in conducting any vote of electors taken under this clause.".
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Part 3—Amendments to the Business Licensing Authority Act 1998
38.Constitution of the Authority
(1)For section 5(1) of the Business Licensing Authority Act 1998 substitute—
"(1)The Authority is constituted by—
(a)a Chairperson, and a Deputy Chairperson, appointed by the Governor in Council; and
(b)the Director of Liquor Licensing appointed under the Liquor Control Reform Act 1998; and
(c)any other person appointed by the Governor in Council as a member of the Authority.".
(2)In section 5(2) of the Business Licensing Authority Act 1998, after "as a member" insert "under sub-section (1)(a) or (1)(c)".
(3)Section 5(3) of the Business Licensing Authority Act 1998 is repealed.
(4)After section 5(4) of the Business Licensing Authority Act 1998 insert—
"(5)Despite sub-section (4), clauses 1 to 6 of the Schedule do not apply to the Director of Liquor Licensing.
(6)The changes made in relation to the Authority by Part 3 of the Liquor Control Reform (Underage Drinking and Enhanced Enforcement) Act 2004 do not affect any other act, matter or thing except as is provided for in the amendments effecting the changes.".
39.Members of the Authority
(1)In the Schedule to the Business Licensing Authority Act 1998, for clause 4 substitute—
"4.Acting appointments
(1)When—
(a)the office of Chairperson is vacant; or
(b)the Chairperson is absent from Victoria or is unable, for any reason, to perform the duties of the office—
the Deputy Chairperson must act as Chairperson.
(2)While the Deputy Chairperson is acting as Chairperson, he or she has and may exercise all the powers, and must perform all the duties, of the Chairperson.
(3)The Minister may appoint a member of the Authority to act as Deputy Chairperson—
(a)during a vacancy in the office of Deputy Chairperson; or
(b)during any period, or during all periods, when the Deputy Chairperson is acting as Chairperson or is unable, for any reason, to perform the duties of the Deputy Chairperson.
(4)The Minister may appoint a person who is qualified to be a member of the Authority to act as a member (other than the Chairperson or Deputy Chairperson) of the Authority during any period, or during all periods, when a member is acting as Deputy Chairperson or is unable, for any reason, to perform the duties of office.".
(2)In clause 5 to the Schedule to the Business Licensing Authority Act 1998—
(a)insert the following heading—
"Acting members—conditions";
(b)clause 5(1) is repealed.
(3)In the Schedule to the Business Licensing Authority Act 1998, for clause 6 substitute—
"6.Decision not invalid by reason of vacancy etc.
An act or decision of the Authority is not invalid only—
(a)because of a vacancy in the membership of the Authority; or
(b)because of a defect or irregularity in the appointment of a member or acting member; or
(c)because the occasion for the appointment of an acting member had ceased to exist.".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 14 October 2004
Legislative Council: 16 November 2004
The long title for the Bill for this Act was "to amend the Liquor Control Reform Act 1998 and the Business Licensing Authority Act 1998 and for other purposes."
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