S. 3(1) def. of Director repealed by No. 58/2011 s. 51(4). * * * * * director of a body corporate includes— (a) any person occupying or acting in the position of director of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and (b) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; s. 3 S. 3(1) def. of domestic partner inserted by No. 92/2004 s. 9(1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 37.1). domestic partner of a person means— (a) a person who is in a registered relationship with the person; or (b) 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— (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a
S. 3(1) def. of food court inserted by No. 92/2004 s. 9(1). s. 3 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; S. 3(1) def. of gambling and liquor inspector inserted by No. 58/2011 s. 51(1). gambling and liquor inspector means an inspector appointed under section 40 of the Victorian Commission for Gambling and Liquor Regulation Act 2011; S. 3(1) def. of guardian inserted by No. 92/2004 s. 3. 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; S. 3(1) def. of guest amended by Nos 92/2004 s. 9(2), 59/2009 s. 30(a). guest— (a) in relation to licensed premises under a general licence or late night (general) licence, means a person introduced to the premises by a resident; and (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; S. 3(1) def. of hairdresser business inserted by No. 57/2010 s. 4(1). hairdresser business means a business whose primary function is to provide hairdressing or barber services; S. 3(1) def. of homeless person inserted by No. 73/2007 s. 4. homeless person has the same meaning as in the Magistrates' Court Act 1989;
(a) for the production, storage or distribution of liquor that is the licensee's product; and (b) for the supply of liquor that is the licensee's product for consumption on or off the premises; and (c) for the supply of liquor that is not the licensee's product for consumption on the licensed premises; and (d) for the supply of packaged liquor that is the licensee's product to a person who makes an off-premises request; S. 3(1) def. of promotional event inserted by No. 71/2011 s. 4(a). promotional event includes but is not limited to a craft market, farmers' market, commercial market, festival, agricultural show, food and wine event, gallery opening, fair or local event but does not include a major event or horse-racing event; S. 3(1) def. of proof of age card amended by No. 58/2011 s. 104(Sch. item 4.1(b)). proof of age card means a document issued by the Commission under section 176; s. 3 S. 3(1) def. of protective services officer inserted by No. 43/2011 s. 29. protective services officer means a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958; S. 3(1) def. of Register inserted by No. 71/2011 s. 4(a). Register means the Demerits Register established under section 86A;
S. 10(3) amended by Nos 8/2010 s. 7(2), 58/2011 s. 104(Sch. item 4.16). (3) Subject to section 15A, a restricted club licence authorises the licensee to supply liquor at the times determined by the Commission and specified in the licence to a member of the club, an authorised gaming visitor or a guest of a member for consumption on the licensed premises. s. 10 (4) A club licence is subject to— S. 10(4)(a) amended by No. 58/2011 s. 104(Sch. item 4.17). (a) a condition that the rules of the club comply with Schedule 1 (except to the extent determined by the Commission under section 25(1)(a)); and S. 10(4)(b) amended by No. 58/2011 s. 104(Sch. item 4.18). (b) a condition that the secretary of the club keep on the licensed premises, in a form and manner approved by the Commission— (i) a members register containing the name and address of each member of the club and particulars of payment of the last subscription for membership paid by the member; and (ii) in the case of a club in respect of which a venue operator's licence is in force, a register of authorised gaming visitors containing the name and residential address of each authorised gaming visitor admitted to the licensed premises and the date of that admission; and S. 10(4)(c) amended by Nos 108/2004 s. 117(1) (Sch. 3 item 115.1), 8/2009 s. 6, 57/2010 s. 8, 58/2011 s. 104(Sch. item 4.19). (c) a condition that the registers be kept open for inspection at any time by a licensing inspector, a member of the police force, a gambling and liquor inspector, the Commission or a person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act who is
for consumption on and off the licensed premises; and (b) to supply liquor on the licensed premises at any time to a resident of the licensed premises or a guest of such a resident for consumption on the licensed premises; and s. 11A (c) if the licensee resides on the licensed premises, to supply liquor on that part of the licensed premises set aside for the licensee's private residence at any time to a guest of the licensee for consumption on that part of the licensed premises. (3) A late night (on-premises) licence authorises the licensee— (a) to supply liquor on the licensed premises— (i) during ordinary trading hours; and S. 11A(3)(a)(ii) amended by Nos 8/2010 s. 9(2), 58/2011 s. 104(Sch. item 4.26). (ii) subject to section 15A, at any other times determined by the Commission and specified in the licence— for consumption on the licensed premises; and S. 11A(3)(b) amended by Nos 8/2010 s. 9(3), 58/2011 s. 104(Sch. item 4.26). (b) subject to section 15A, to supply liquor on any other premises authorised by the Commission and specified in the licence at any times determined by the Commission and specified in the licence, for consumption on those premises; and s. 11A S. 11A(3)(c) amended by No. 58/2011 s. 104(Sch. item 4.26). (c) if specifically authorised by the Commission, to supply liquor in an open container for consumption in a food court next to, or near, the licensed premises.
Commission 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. S. 15B inserted by No. 8/2010 s. 13. 15B Exemptions from ANZAC Day restrictions—Duty free shops and aircraft s. 15B (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.
25 Restrictions on grant of club licences s. 25 S. 25(1) amended by No. 58/2011 s. 104(Sch. item 4.50). (1) The Commission must not grant a club licence unless satisfied— S. 25(1)(a) amended by No. 58/2011 s. 104(Sch. item 4.50). (a) that the rules of the club comply with Schedule 1 except to the extent that the Commission determines it is appropriate that they should not so comply; and S. 25(1)(b) amended by No. 59/2009 s. 30(d). (b) in the case of a restricted club licence, that supplies of liquor for the club will be purchased only from a person who holds a general licence, a late night (general) licence, a packaged liquor licence or a late night (packaged liquor) licence. S. 25(2) amended by No. 58/2011 s. 104(Sch. item 4.50). (2) In deciding whether a club licence should be full or restricted, the Commission must have regard to— (a) the number of members of the club; and (b) the standard of the facilities and services that the club provides; and (c) the number of full-time staff the club employs; and (d) the turnover (or estimated turnover) of liquor purchases at the club; and (e) the days and hours of operation of the club; and S. 25(2)(f) amended by No. 58/2011 s. 104(Sch. item 4.50). (f) any other matter that the Commission considers relevant.
(c) be accompanied by— (i) the prescribed information (if any); and S. 32(2)(c)(ia) inserted by No. 92/2004 s. 15(2), amended by No. 58/2011 s. 104(Sch. item 4.66). (ia) a plan or depiction of the licensed premises in a form specified by the Commission; and (ii) the prescribed transfer fee. S. 32(3) amended by No. 58/2011 s. 104(Sch. item 4.67). (3) If the Commission requests an applicant for transfer to give any other information, the applicant must comply with the request. S. 32(4) inserted by No. 8/2009 s. 9(4). (4) Subsection (2)(ab)(ii) does not apply if the proposed transferee is a Council, a university or a TAFE institute. 33 Copy of application to be given to police and local council s. 33 S. 33(1) amended by No. 58/2011 s. 104(Sch. item 4.68). (1) On receiving an application— (a) for a licence or BYO permit; or (b) for the variation of a licence or BYO permit (other than an application by the Chief Commissioner or a licensing inspector); or (c) for the transfer or relocation of a licence or BYO permit— the Commission must give a copy of the application to the Chief Commissioner. S. 33(2) amended by No. 58/2011 s. 104(Sch. item 4.68). (2) On receiving an application— (a) for a licence; or (b) for the variation of a licence (other than an application by the Chief Commissioner or a licensing inspector); or
S. 44(7) inserted by No. 59/2009 s. 24, amended by No. 58/2011 s. 104(Sch. item 4.83). (7) If the Commission refuses to grant an uncontested application for a late night (packaged liquor) licence, the Commission may grant a packaged liquor licence instead. Ss 45, 46 repealed by No. 58/2011 s. 65. * * * * * S. 47 (Heading) inserted by No. 58/2011 s. 54(1). 47 Determination of contested application s. 47 S. 47(1) substituted by No. 58/2011 s. 54(2). (1) Subject to Division 3, the Commission must, after the period for making an objection under Division 5 has expired, including any extension of time granted for making an objection, grant or refuse a contested application. S. 47(2) amended by No. 58/2011 s. 54(3). (2) The Commission may refuse to grant a contested application on any of the grounds set out in section 44(2) and section 44(3) applies accordingly. S. 47(3) substituted by No. 58/2011 s. 54(4). (3) Before granting or refusing a contested application under subsection (1), the Commission— (a) may have regard to any matter the Commission considers relevant; and (b) may make any enquiries the Commission considers appropriate; and (c) must give the applicant and each objector a reasonable opportunity to be heard.
S. 47(4) inserted by No. 59/2009 s. 25, amended by No. 58/2011 s. 54(5). (4) If the Commission refuses to grant a contested application for a late night (general) licence, the Commission may grant a general licence instead. S. 47(5) inserted by No. 59/2009 s. 25, amended by No. 58/2011 s. 54(5). (5) If the Commission refuses to grant a contested application for a late night (on-premises) licence, the Commission may grant an onpremises licence or a restaurant and cafe licence instead. S. 47(6) inserted by No. 59/2009 s. 25, amended by No. 58/2011 s. 54(5). (6) If the Commission refuses to grant a contested application for a late night (packaged liquor) licence, the Commission may grant a packaged liquor licence instead. S. 48 (Heading) inserted by No. 58/2011 s. 104(Sch. item 4.84). S. 48 amended by No. 58/2011 s. 104(Sch. item 4.85) 48 Commission may permit amendments and disregard errors s. 48 In deciding whether to grant or refuse to grant an application, the Commission may— S. 48(a) amended by No. 58/2011 s. 104(Sch. item 4.85). (a) permit the amendment of the application or of any information given to the Commission in connection with the application; and S. 48(b) amended by No. 58/2011 s. 104(Sch. item 4.85). (b) disregard any omission, error, defect or insufficiency in the application or any information given to the Commission in connection with the application; and
S. 54(10) inserted by No. 92/2004 s. 19(2). (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. S. 54(11) inserted by No. 92/2004 s. 19(2), amended by No. 58/2011 s. 104(Sch. item 4.96). (11) The licensee or permittee must notify the Commission 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 subsection: 5 penalty units. Note to s. 54(11) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. S. 55 amended by Nos 58/2011 s. 104(Sch. item 4.97), 20/2012 s. 226(Sch. 5 item 18(1)). 55 Transfer of club licence to incorporated association s. 55 If a copy of a certificate of incorporation of a club under the Associations Incorporation Reform Act 2012 is lodged with the Commission, a club licence held on behalf of the club before that incorporation is deemed to have been transferred to the incorporated association and the Commission must amend the licence or permit accordingly. 56 Concurrent dealing with transfer and relocation If an applicant for relocation of a licence or BYO permit is also, together with a proposed transferee, an applicant for the transfer of the licence or permit, the application for relocation is to be dealt with at the same time as the application for transfer.
(c) must be accompanied by the prescribed renewal fee. S. 60(3) amended by No. 58/2011 s. 104(Sch. item 4.113). (3) The Commission must renew a licence or permit on application made in accordance with subsection (2). (4) A licence or permit that is renewed in accordance with this section— S. 60(4)(a) amended by No. 59/2009 s. 30(e). (a) in the case of a renewable limited licence or a restricted club licence, takes effect on the day, and for the period, specified in the licence; (b) in any other case— (i) takes effect on the day on which it is renewed; and (ii) remains in force, subject to section 59, until the end of the calendar year in which it is renewed. 61 Notice of to renew licence or BYO permit s. 61 S. 61(1) amended by No. 58/2011 s. 104(Sch. item 4.114). (1) If a licensee or permittee fails to apply for renewal of the licence or BYO permit by 30 June next following the day on which the licence or permit ceased to be in force, the Commission must give notice of the failure to the owner or mortgagee of the licensed premises or to any other person who, to the Commission's knowledge, may be prejudicially affected by the failure. S. 61(2) amended by No. 59/2009 s. 30(e). (2) Subsection (1) does not apply to the failure to renew a renewable limited licence. 62 Power to owner and others to renew licence S. 62(1) amended by No. 58/2011 s. 104(Sch. item 4.115). (1) If a licensee or permittee has failed to renew the licence or BYO permit by 30 June next following the day on which the licence or permit ceased to be in force—
(b) if the partnership is dissolved, the former member or members remaining in occupation of the licensed premises are deemed to be the licensees or permittees. S. 66 amended by No. 58/2011 s. 104(Sch. item 4.119). 66 Licence or permit lapses if not endorsed If a licensee or permittee— (a) dies; or (b) becomes an insolvent under administration; or (c) becomes a represented person within the meaning of the Guardianship and Administration Act 1986; or S. 66(d) amended by Nos 44/2001 s. 3(Sch. item 73.5), 8/2009 s. 10(a). (d) becomes an externally-administered body corporate within the meaning of the Corporations Act; or S. 66(e) inserted by No. 8/2009 s. 10(b). (e) in the case of a body corporate, is wound up, or is deregistered under the Corporations Act— s. 66 the licence or BYO permit ceases to have force at the end of the period of 90 days after the happening of the event or such longer period as the Commission in any particular case allows, unless the licence or permit is endorsed under Part 4. Pt 2 Div. 10 (Heading and s. 66A) inserted by No. 59/2009 s. 27. Division 10—Provision of information S. 66A inserted by No. 59/2009 s. 27. 66A Information in relation to fees (1) An authorised person may from time to time request a licensee or permittee to provide
(1) The Chief Commissioner may object to an application under section 67 on any ground he or she thinks fit. (2) A licensing inspector may object to an application under section 67 on any ground referred to in section 41(1). (3) An objection must— S. 68(3)(a) amended by No. 58/2011 s. 104(Sch. item 4.122). (a) be made to the Commission in writing within 14 days after the day on which a copy of the application was given to the Chief Commissioner; and (b) state the grounds of, and the reasons for, the objection. 69 Grant of licence to amalgamated club S. 69(1) amended by No. 58/2011 s. 104(Sch. item 4.123). (1) After the period referred to in section 68(3)(a) (or that period as extended under section 174) has expired, the Commission may grant a club licence to the applicant if satisfied— (a) that the application was made in accordance with this Division; and S. 69(1)(b) amended by No. 58/2011 s. 104(Sch. item 4.123). (b) that the rules of the applicant comply with Schedule 1 (except to the extent that the Commission determines it is appropriate that they should not so comply); and (c) that it is appropriate to grant the application in the circumstances. S. 69(2) amended by No. 58/2011 s. 104(Sch. item 4.124). (2) In making its decision, the Commission must consider any objection made under section 68. 70 Division does not affect Division 4 of Part 2 s. 70 Nothing in this Division prevents an amalgamated club from applying for a club licence in accordance with Division 4 of Part 2.
S. 85 (Heading) inserted by No. 58/2011 s. 104(Sch. item 4.136). S. 85 amended by No. 58/2011 s. 104(Sch. item 4.137) 85 Endorsement at initiative of Commission If— (a) a licensee or permittee— (i) dies; or (ii) becomes a represented person within the meaning of the Guardianship and Administration Act 1986; or (iii) becomes an insolvent under administration; or S. 85(a)(iv) amended by No. 44/2001 s. 3(Sch. item 73.5). (iv) becomes an externally-administered body corporate within the meaning of the Corporations Act; and (b) an application is not made under section 80 for endorsement of the licence or BYO permit— the Commission may endorse the licence or permit with the name of a person nominated by the Commission. 86 Effect of endorsement s. 86 A person whose name is endorsed on a licence or BYO permit under this Part or under section 93— (a) may carry on the business under the licence or permit; and (b) is liable under this Act as if the person were the licensee or permittee; and (c) may apply for renewal of the licence or permit under Division 8 of Part 2 in the person's name as if the person were the licensee or permittee. __________________
(e) specify that the Commission may cancel, suspend or vary the licence or BYO permit or make any other direction the Commission thinks fit, in accordance with section 95(3), whether or not the licensee or permittee, or a representative of the licensee or permittee, makes a submission in accordance with this section. S. 94B inserted by No. 58/2011 s. 57. 94B Other interested persons to be given notice of proposal to conduct inquiry under section 94 s. 94B (1) In addition to giving notice to the licensee or permittee under section 94A, if the Commission proposes to conduct an inquiry under section 94, the Commission must give written notice to any interested person— (a) who has applied to have the person's name endorsed on the licence or BYO permit of the licensee or permittee under Part 4; (b) who may apply to have the person's name endorsed on the licence or BYO permit of the licensee or permittee under Part 4 if the contact details of that person are known to the Commission. (2) A notice under subsection (1) must— (a) state that the Commission proposes to inquire into (as appropriate)— (i) whether the continuation of the licensee's licence or permittee's BYO permit would detract from or be detrimental to the amenity of the area in which the licensed premises are situated; or (ii) circumstances where, during a continuous period of 12 months, the licensee's licence or permittee's BYO permit has not been used; and
(4) The Commission must give a statement of reasons for a determination made under this section to the licensee or permittee and any interested person given notice of the inquiry under section 94B. S. 96 repealed by No. 58/2011 s. 67. * * * * * S. 96A inserted by No. 73/2007 s. 18. 96A Suspension by police s. 96A (1) A senior police member, by notice in writing to a licensee, may suspend the licensee's licence for a period not exceeding 24 hours, if the member believes on reasonable grounds that— (a) the licensee has engaged in conduct that would constitute grounds for an application under section 90 for an inquiry into the licensee; and S. 96A(1)(b) repealed by No. 8/2009 s. 11. * * * * * (c) there is a danger that a person may suffer substantial harm, loss or damage as a result of the licensee's conduct unless the licence is suspended. (2) A notice of suspension under this section must specify the conduct which the licensee is believed to have engaged in and the grounds for the senior police member's belief. (3) In this section— senior police member means the Chief Commissioner, a Deputy Commissioner of Police or an Assistant Commissioner of Police.
on the request of a patron, free drinking water at any time at which liquor is available for supply. s. 99A 30 penalty units. Note to s. 99A(1) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. S. 99A(2) amended by No. 58/2011 s. 104(Sch. item 4.140). (2) Subsection (1) does not apply to a licensee, a class of licensees or a class of activities that the Commission has exempted under section 99B or 99C. (3) In this section— drinking water means water that is intended for human consumption. S. 99B inserted by No. 57/2010 s. 15. 99B Exemption from requirement to provide free drinking water—without application S. 99B(1) amended by No. 58/2011 s. 104(Sch. item 4.141). (1) The Commission may, by notice in writing, exempt a licensee or a class of licensees or class of activities from the requirement to provide free drinking water to patrons under section 99A, if the Commission thinks it is appropriate to do so. S. 99B(2) amended by No. 58/2011 s. 104(Sch. item 4.141). (2) The Commission may grant an exemption under subsection (1) for the period and on any conditions the Commission determines. S. 99B(3) amended by No. 58/2011 s. 104(Sch. item 4.141). (3) The Commission may revoke an exemption granted under subsection (1) by notice in writing. S. 99C inserted by No. 57/2010 s. 15. 99C Exemption from requirement to provide free drinking water—on application
S. 101B inserted by No. 92/2004 s. 25. 101B Plan of premises to be retained and produced for inspection s. 101B (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— S. 101B(1)(a) amended by No. 58/2011 s. 104(Sch. item 4.149). (a) submitted to the Commission under Division 4 of Part 2 as part of an application that was granted; or S. 101B(1)(b) amended by No. 58/2011 s. 104(Sch. item 4.149). (b) that was certified by the Commission under section 101A— (whichever is the later document). 10 penalty units. S. 101B(2) amended by Nos 8/2009 s. 14, 58/2011 s. 104(Sch. item 4.150). (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 or a gambling and liquor inspector. 10 penalty units. Note to s. 101B inserted by No. 13/2013 s. 29(3). Note Section 53A applies to an offence against subsection (1) or (2). S. 102 (Heading) inserted by No. 58/2011 s. 104(Sch. item 4.151). 102 Notices required by the Commission must be displayed S. 102(1) amended by No. 58/2011 s. 104(Sch. item 4.152). s. 102 (1) A licensee or permittee must cause to be displayed on the licensed premises any notice that the
S. 114(1)(c) amended by No. 59/2009 s. 30(h). (c) must not obtain liquor from a licensee under a general licence or a late night (general) licence or from an employee or agent of such a licensee by fraudulently representing himself or herself to be a resident of the licensed premises; S. 114(1)(d) repealed by No. 9/2008 s. 5(2). * * * * * 20 penalty units. S. 114(2) inserted by No. 9/2008 s. 5(3), amended by No. 12/2011 s. 7(1). (2) A person who is drunk, violent or quarrelsome must not refuse or fail to leave licensed premises if requested to do so by— (a) the licensee or permittee; or (b) an employee or agent of the licensee or permittee; or (c) a member of the police force. Penalty: 50 penalty units. S. 114(3) inserted by No. 12/2011 s. 7(2). (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. S. 114(4) inserted by No. 12/2011 s. 7(2). (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
S. 115(2)(b)(i) substituted by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.3(a)). (i) a betting facility of the holder of the wagering licence or the wagering operator under Chapter 4 of the Gambling Regulation Act 2003 is established in the premises; and S. 115(2)(b)(ii) substituted by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.3(a)). (ii) the betting takes place through that licence holder or wagering operator; or S. 115(2)(ba) inserted by No. 60/2011 s. 74. (ba) if— (i) a betting facility of the holder of the wagering and betting licence under Chapter 4 of the Gambling Regulation Act 2003 is established in the premises; and (ii) the betting takes place through that licence holder; or (c) if— S. 115(2)(c)(i) amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.3(b)). (i) the premises are being used by any subbranch of the Returned and Services League or are approved under section 2.3.2(1)(b) of the Gambling Regulation Act 2003; and S. 115(2)(c)(ii) amended by No. 96/2003 s. 14(3). (ii) the betting is engaged in during a game of two-up on ANZAC Day; or s. 115A (d) if— S. 115(2)(d)(i) amended by No. 96/2003 s. 14(3). (i) the betting is engaged in during a game of two-up not more than 7 days before ANZAC Day; and
the Crown or be destroyed or otherwise disposed of. S. 128(5) inserted by No. 1/2013 s. 3(3). (5) No compensation is payable by the Crown in respect of any liquor tipped out, forfeited, destroyed or otherwise disposed of under this section. S. 129 amended by Nos 92/2004 s. 23(2)(e), 108/2004 s. 117(1) (Sch. 3 item 115.1), substituted by No. 8/2009 s. 19. 129 Right of entry s. 129 (1) An authorised person may enter and remain on licensed premises for the purposes of exercising his or her functions under this Act. (2) The power of entry may be exercised— (a) at any time when the premises are open to the public; or (b) at any time— (i) if the authorised person reasonably suspects that the business of supplying liquor to the public is being carried on on the premises; or (ii) with the written consent of the occupier. (3) An authorised person who enters premises under this section is not authorised to remain on the premises if, on the request of the occupier of the premises, the authorised person does not show his or her identity card to the occupier. S. 129(4) amended by No. 58/2011 s. 104(Sch. item 4.190). (4) Subsection (3) does not apply to a member of the police force if he or she is in uniform. (5) If an occupier consents to the entry of premises under this section, the authorised person must give the occupier a copy of the consent immediately.
S. 129(6) amended by No. 59/2009 s. 30(h). (6) A person may not, under this section, enter a room in licensed premises under a general licence or a late night (general) licence which is occupied by or reserved for the private use of the licensee or permittee unless the person— s. 129 (a) has first given notice of his or her intention to the licensee or permittee or (in the absence of the licensee or permittee) to the person appearing to be in charge of the licensed premises and has given the licensee, permittee or person an opportunity to be present; or (b) has obtained the consent of the licensee, permittee or person to enter the room. S. 129(7) amended by No. 59/2009 s. 30(h). (7) A person may not, under this section, enter a room in licensed premises under a general licence or a late night (general) licence which is occupied by or set apart for the private use of a resident unless the person has obtained the consent of the resident to enter the room. (8) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry. S. 130 amended by No. 92/2004 s. 32, substituted by No. 8/2009 s. 19. 130 Powers of authorised persons s. 130 (1) An authorised person may do any one or more of the following— (a) require any person in possession of, or having control of, any document, equipment or other thing relating to an activity regulated by this Act to produce the document, equipment or other thing for inspection and to answer questions or provide information relating to the document, equipment or other thing;
S. 141(2)(daa) inserted by No. 32/2006 s. 86(1)(a), amended by No. 58/2011 s. 104(Sch. item 4.205(a)). (daa) section 103A(2) (failure to notify the Commission in writing within 14 days of a person ceasing to be an associate of a licensee or permittee or a person becoming an associate of a licensee or permittee); S. 141(2)(da) inserted by No. 92/2004 s. 36(c). (da) section 105 (no letting or sub-letting without consent); s. 141 S. 141(2)(db) inserted by No. 32/2006 s. 86(1)(b), amended by No. 58/2011 s. 104(Sch. item 4.205(b)). (db) section 106(1) (permit any other person to carry on a business of supplying liquor on the licensed premises of a licensee or permittee or permit any person who is not employed by the licensee or permittee to be engaged in the carrying on of such a business other than in accordance with the written consent of the Commission); S. 141(2)(dc) inserted by No. 57/2010 s. 21(2), amended by No. 58/2011 s. 104(Sch. item 4.205(c)). (dc) section 106B (failure to notify Commission that sexually explicit entertainment provided on licensed premises); S. 141(2)(dd) inserted by No. 12/2011 s. 8(2). (dd) section 106H(3)(a) (refusal to give name or address); S. 141(2)(de) inserted by No. 12/2011 s. 8(2). (de) section 106H(3)(b) (giving a false name or address); s. 141 S. 141(2)(df) inserted by No. 12/2011 s. 8(2). (df) section 106H(7) (refusal to provide evidence of name or address);
S. 141(2)(dg) inserted by No. 12/2011 s. 8(2). (dg) section 106J(1) (entering or remaining on licensed premises from which a person is barred); S. 141(2)(dh) inserted by No. 12/2011 s. 8(2). (dh) section 106J(2) (re-entering or remaining in the vicinity of licensed premises from which a person is barred); S. 141(2)(di) inserted by No. 12/2011 s. 8(2). (di) section 106K(1) (failure to keep records of barring orders); S. 141(2)(dj) inserted by No. 12/2011 s. 8(2). (dj) section 106K(2) (failure to produce records of barring orders upon request); S. 141(2)(dk) inserted by No. 12/2011 s. 8(2). (dk) section 106K(4) (unauthorised disclosure of records); S. 141(2)(dl) inserted by No. 12/2011 s. 8(2). (dl) section 106K(5) (failure to destroy records of barring orders); (e) section 108 (certain offences by licensee or permittee); S. 141(2)(ea) inserted by No. 92/2004 s. 36(d), repealed by No. 12/2011 s. 12. * * * * * S. 141(2)(eab) inserted by No. 57/2010 s. 21(3), amended by No. 12/2011 s. 8(3). (eab) section 108AA (licensee, or the responsible person, must complete refresher approved responsible service of alcohol programs);
S. 141(2)(eac) inserted by No. 57/2010 s. 21(3). (eac) section 108AB (licensee must ensure staff complete approved responsible service of alcohol programs); S. 141(2)(ead) inserted by No. 57/2010 s. 21(3). (ead) section 108AC (licensee must ensure staff complete refresher approved responsible service of alcohol programs); s. 141 S. 141(2)(eae) inserted by No. 57/2010 s. 21(3). (eae) section 108AD (licensee must keep approved responsible service of alcohol register); S. 141(2)(eaf) inserted by No. 57/2010 s. 21(3). (eaf) section 108AE (licensee must produce approved responsible service of alcohol program register for inspection); S. 141(2)(eb) inserted by No. 92/2004 s. 36(d). (eb) section 108B (except subsection (3)) (corporate licensee must provide details of directors); (f) section 109 (taking orders at unlicensed premises); S. 141(2)(fa) inserted by No. 92/2004 s. 36(e). (fa) section 111(a) (certain offences at licensed premises contrary to the licence or permit); S. 141(2)(fb) inserted by No. 9/2008 s. 7(a). (fb) section 113(1), (1A), (1B) or (1C) (consuming or having liquor on unlicensed premises); S. 141(2)(fc) inserted by No. 88/2009 s. 8(2)(b). (fc) section 113A(1) (consumption of liquor on party buses); S. 141(2)(g) amended by No. 9/2008 s. 7(b). (g) section 114(1) (certain offences by S. 141(2)(ga) inserted by No. 9/2008 s. 7(c). (ga) section 114(2) (refusal or failure by person who is drunk, violent or quarrelsome to leave licensed premises when requested to do so);
S. 146B inserted by No. 73/2007 s. 24. 146B Liquor accord terms s. 146B Without limiting the terms that may be included in a liquor accord, a liquor accord may make provision for or with respect to authorising or requiring any licensees or permittees who are parties to it to do either or both of the following— (a) to cease to supply liquor or to allow the consumption of liquor at their licensed premises; (b) to ban access by the public, or individual members of the public, to their licensed premises in a manner and to the extent provided by the accord. S. 146C (Heading) amended by No. 21/2012 s. 239(Sch. 6 item 26.1). S. 146C inserted by No. 73/2007 s. 24, amended by No. 21/2012 s. 239(Sch. 6 item 26.2). 146C Competition and Consumer Act and Competition Code For the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code, the following conduct is authorised by this Act— (a) the entry by any person into a liquor accord; (b) any conduct by any person engaged in for the purpose of promoting, performing, giving effect to or otherwise done in connection with the terms of a liquor accord. S. 146D inserted by No. 73/2007 s. 24, amended by No. 58/2011 s. 104(Sch. item 4.207). 146D Information disclosure in relation to liquor accord bans The Commission or a member of the police force may disclose to a licensee or permittee who is a party to a liquor accord that contains a liquor accord ban, or to an employee or agent of such a licensee or permittee, any of the following information in respect of a person who is subject to the ban— (a) the person's name;
(5) In this section— Minister means the Minister administering the Police Regulation Act 1958. __________________ Pt 8B (Heading and ss inserted by No. 64/2010 s. 7. Division 1—Preliminary S. 148S inserted by No. 64/2010 s. 7. 148S Definitions s. 148S In this Part— S. 148S def. of authorised person repealed by No. 58/2011 s. 104(Sch. item 4.211). * * * * * Chief Officer means— (a) in relation to licensed premises in the metropolitan district (within the meaning of the Metropolitan Fire Brigades Act 1958) the Chief Officer of the Metropolitan Fire and Emergency Services Board appointed under the Metropolitan Fire Brigades Act 1958; or (b) in relation to any other premises, the Chief Officer of the Country Fire Authority appointed under the Country Fire Authority Act 1958;
S. 148ZP(5) amended by No. 58/2011 s. 104(Sch. item 4.223). (5) The Commission must record in writing a decision to revoke a closure and evacuation notice and any subsequent notice. S. 148ZQ inserted by No. 64/2010 s. 7. 148ZQ Giving advice or a decision in writing or orally s. 148ZQ S. 148ZQ(1) amended by No. 58/2011 s. 104(Sch. item 4.224). (1) A fire safety inspector may give advice under section 148ZC, 148ZF or 148ZO to the Commission in writing or orally. S. 148ZQ(2) amended by No. 58/2011 s. 104(Sch. item 4.224). (2) The Commission may advise a fire safety inspector of an instruction or decision under section 148ZD, 148ZF or 148ZP in writing or orally. S. 148ZQ(3) amended by No. 58/2011 s. 104(Sch. item 4.224). (3) If a fire safety inspector signs and serves a document under this Part after receiving oral advice as to an instruction or direction of the Commission, a copy of the document must be provided to the Commission within 48 hours. S. 148ZQ(4) amended by No. 58/2011 s. 104(Sch. item 4.224). (4) If the Commission has advised the fire safety inspector orally as to an instruction or direction under this Part, the Commission must provide a copy of the record of decision or instruction to the fire safety inspector within 5 working days of giving advice of the instruction or decision orally.
(b) a single commissioner performing a function or duty or exercising a power of the Commission under this Act under delegation from the Commission; or (c) an employee of the Commission performing a function or duty or exercising a power of the Commission under this Act under delegation from the Commission; Commission on review means the Commission constituted by 3 or more commissioners for the purposes of this Division. S. 152 substituted by No. 58/2011 s. 62. 152 Reviewable decisions s. 152 The following table sets out— (a) decisions (however described) made under this Act by an applicable decision maker that are reviewable in accordance with this Division (reviewable decisions); and (b) who is eligible to apply for a review of a reviewable decision (the eligible person in relation to the reviewable decision). Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 1 Division 6 of Part 2 An applicant under section 27 for the grant of a licence or BYO permit or an entity that objects under Division 5 of Part 2 to the grant of the licence or BYO permit
180 Regulations s. 180 (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The Governor in Council may make regulations for or with respect to encouraging responsible practices in the service, supply and promotion of liquor. (3) The regulations— (a) may impose a penalty not exceeding 5 penalty units for a breach of the regulations; (b) may be of general or of specially limited application; (c) may differ according to differences in time, place or circumstances; S. 180(3)(ca) inserted by No. 2/2009 s. 29(2). (ca) may be made so as to incorporate, adopt or apply wholly or partially or as amended by the regulations, the provisions of any document, standard, guideline, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (i) as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; or (ii) as amended from time to time; S. 180(3)(cb) inserted by No. 57/2010 s. 28. (cb) may exempt a business or a class or classes of business from the requirement to hold a licence subject to specified conditions;
S. 180(3)(cc) inserted by No. 57/2010 s. 28. (cc) may prescribe a type or types of liquor for the purposes of section 6D; (d) may exempt persons or things, or classes of persons or things, from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified. s. 180 (4) Regulations with respect to fees— (a) may provide for different fees for different classes of application; S. 180(4)(ab) inserted by No. 71/2011 s. 29. (ab) may provide for different fees or discounts on fees depending on whether the licence or permit has incurred demerit points under Part 4A or is the subject of non-compliance incidents; S. 180(4)(ac) inserted by No. 71/2011 s. 29. (ac) may provide for different fees for licences that have different conditions; S. 180(4)(b) substituted by No. 59/2009 s. 29(1). (b) may provide for fees that vary according to time, including but not limited to— (i) fees that vary according to the trading hours for which a licensee is authorised to supply liquor; and (ii) fees that vary according to the period of time for which a licence is granted or renewed; (c) may provide for the means of payment of fees; S. 180(4)(d) amended by No. 58/2011 s. 104(Sch. item 4.235). (d) may provide for the Commission to waive or reduce fees in specified circumstances.
Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 60) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 33) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Liquor Control Reform (Amendment) Act 2006, No. 8/2006 Assent Date: 4.4.06 Commencement Date: Ss 4(1), 6–12 on 5.4.06: s. 2(1); ss 4(2), 5 on 1.12.06: s. 2(3) : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Education and Training Reform Act 2006, No. 24/2006 Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 26) on 1.7.07: Government Gazette 28.6.07 p. 1304 : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: Ss 86, 87 on 1.7.06: Government Gazette 29.6.06 p. 1315 : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 61) on 11.10.06: s. 2(1) : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Endnotes Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007, No. 72/2007 Assent Date: 18.12.07 Commencement Date: S. 62 on 1.12.08: s. 2(3) : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Liquor Control Reform Amendment Act 2007, No. 73/2007
Assent Date: 12.2.13 Commencement Date: 13.2.13: s. 2 : All of Act in operation Statute Law Amendment (Directors' Liability) Act 2013, No. 13/2013 Assent Date: 13.3.13 Commencement Date: Ss 26–30 on 14.3.13: s. 2 : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes