S. 3(1) def. of Commission inserted by No. 58/2011 s. 51(1). Commission means Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011; S. 3(1) def. of inserted by No. 58/2011 s. 51(1). commissioner means a member of the Commission appointed under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011; S. 3(1) def. of compliance inspector inserted by No. 8/2009 s. 4(1), repealed by No. 58/2011 s. 51(4). * * * * * S. 3(1) def. of contested application substituted by No. 73/2007 s. 9. contested application means— (a) an application for the grant, variation, transfer or relocation of a licence or BYO permit in respect of which any objections are received under Division 5 of Part 2 within the period set out in that Division for those objections (or that period as extended under section 174); or (b) an application under section 30 for the variation of a licence or BYO permit in respect of which an objection is received under section 30(b) within the period set out in that section for that objection (or that period as extended under section 174); S. 3(1) def. of convenience store inserted by No. 92/2004 s. 9(1). convenience store means a premises of not more than 240 square metres on which food, drinks and other convenience goods are sold;
S. 3(1) def. of retirement village inserted by No. 21/2014 s. 4(1). retirement village has the same meaning as in the Retirement Villages Act 1986; S. 3(1) def. of Secretary inserted by No. 8/2009 s. 4(1). Secretary means Secretary to the Department of Justice; S. 3(1) def. of sexually explicit entertainment inserted by No. 57/2010 s. 4(4), amended by No. 57/2010 s. 30. sexually explicit entertainment means live entertainment that may be performed for an audience, by a person performing an act of an explicit sexual nature, but does not include the provision of sexual services within the meaning of section 3(1) of the Sex Work Act 1994; S. 3(1) def. of specified offence inserted by No. 73/2007 s. 4. specified offence, in relation to a banning notice or an exclusion order, means an offence specified in Schedule 2; S. 3(1) def. of spouse inserted by No. 92/2004 s. 9(1). spouse of a person means a person to whom the person is married; S. 3(1) def. of state of intoxication inserted by No. 8/2006 s. 4(2). state of intoxication has the meaning given by section 3AB(1); S. 3(1) def. of successful prosecution inserted by No. 71/2011 s. 4(a). successful prosecution means a prosecution which results in a licensee or permittee being convicted or found guilty of an offence against section 108(4), 119 or 120; S. 3(1) def. of supply amended by No. 88/2001 s. 4(b). supply includes sell, offer or expose for sale, exchange, dispose of and give away;
(h) to an insurer selling liquor to which the insurer has acquired title by virtue of a settlement of a claim made in good faith under a policy of insurance but not by purchase; or (i) to a person not carrying on a business of supplying liquor who supplies liquor to a licensee; or S. 6(j) substituted by No. 8/2006 s. 6, amended by No. 58/2011 s. 104(Sch. item 4.4(a)). (j) to any of the following persons or entities selling by auction any liquor taken in execution or under any warrant of distress or forfeited— (i) the Assistant Director, Asset Confiscation Operations in the Enforcement Management Division of the Department of Justice; (ii) the sheriff or a person authorised by the sheriff; (iii) a bailiff; S. 6(j)(iv) amended by Nos 8/2009 s. 5(a), 37/2014 s. 10(Sch. item 96.2). (iv) a police officer; S. 6(j)(v) inserted by No. 8/2009 s. 5(b), amended by No. 58/2011 s. 104(Sch. item 4.4(b)). (v) the Commission; S. 6(j)(vi) inserted by No. 8/2009 s. 5(b), amended by No. 58/2011 s. 104(Sch. item 4.4(c)). (vi) a gambling and liquor inspector; or
(a) the liquor is not supplied to a minor; and (b) the liquor is consumed on the business premises; and (c) the liquor is supplied without charge and the supply is ancillary to the provision of hairdressing or barber services. S. 6C(2)(3) amended by No. 58/2011 s. 104(Sch. item 4.7), repealed by No. 21/2014 s. 7(1). * * * * * Notes to s. 6C substituted as note by No. 21/2014 s. 7(2). Note It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale. S. 6D inserted by No. 57/2010 s. 6. 6D Exemption from Act—butchers (1) A person who carries on a butcher business is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor by that business if the following conditions are met— (a) the liquor is not supplied to a minor; and (b) the liquor supplied is in sealed containers, bottles or cans for consumption off the business premises; and (c) the liquor supplied is a type of liquor prescribed by the regulations; and (d) not more than 1·5 litres of liquor is supplied to each recipient in any one day. S. 6D(2)(3) amended by No. 58/2011 s. 104(Sch. item 4.8), repealed by No. 21/2014 s. 8(1). * * * * *
Commission and specified in the licence— for consumption on the licensed premises; and S. 9(1)(b) amended by No. 92/2004 s. 12(a), substituted by No. 59/2009 s. 8(2), amended by No. 58/2011 s. 104(Sch. item 4.11). (b) to supply liquor on any other premises authorised by the Commission and specified in the licence— S. 9(1)(b)(i) amended by No. 57/2010 s. 7. (i) during ordinary trading hours; and S. 9(1)(b)(ii) amended by Nos 57/2010 s. 7, 58/2011 s. 104(Sch. item 4.11). (ii) between 11 p.m. on any particular day until 1 a.m. on the following day, if so determined by the Commission and specified in the licence; and S. 9(1)(b)(iii) amended by Nos 8/2010 s. 5(2), 58/2011 s. 104(Sch. item 4.11). (iii) subject to section 15A, between a time (not being earlier than 5 a.m.) before the commencement of ordinary trading hours and the commencement of ordinary trading hours on a particular day, if so determined by the Commission and specified in the licence— for consumption on those premises. S. 9(1)(c) inserted by No. 92/2004 s. 12(b), amended by No. 58/2011 s. 104(Sch. item 4.11). (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.
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), 37/2014 s. 10(Sch. item 96.2). (c) a condition that the registers be kept open for inspection at any time by a licensing inspector, a police officer, 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 authorised in writing by the Commission; and (d) a condition that the secretary of the club ensure that there are kept proper accounts and records of the transactions and affairs of the club and such other records as will sufficiently explain the financial operations and financial position of the club; and (e) the condition set out in section 16 (compliance with planning scheme); and (f) if the licence authorises the licensee to supply liquor outside ordinary trading hours, the condition set out in section 17(1); and
S. 11(1)(d) inserted by No. 71/2011 s. 8(2), amended by No. 58/2011 s. 104(Sch. item 4.22). (d) at any time on Christmas Day or on Good Friday determined by the Commission and specified in the licence— for consumption off the licensed premises. (2) If— (a) the licensed premises under a packaged liquor licence is located within premises used primarily as a supermarket; and (b) the licensee is the owner of the supermarket business; and S. 11(2)(c) amended by No. 58/2011 s. 104(Sch. item 4.23). (c) the Commission so determines and specifies in the licence— the packaged liquor licence also authorises the licensee to receive payment for liquor supplied on the licensed premises at any checkout located in the supermarket if the person receiving the payment is of or over the age of 18 years. (3) A packaged liquor licence is subject to— S. 11(3)(aa) inserted by No. 21/2001 s. 5. (aa) a condition that the predominant activity carried on in the area set aside as the licensed premises is the sale by retail of liquor for consumption off the licensed premises; and S. 11(3) (aab)(aac) inserted by No. 39/2002 s. 6(1), repealed by No. 57/2010 s. 9(1). * * * * *
14 Limited licence S. 14(1) substituted by No. 59/2009 s. 12(1). (1) A limited licence may be a temporary limited licence or a renewable limited licence. S. 14(1A) inserted by No. 59/2009 s. 12(1). (1A) A temporary limited licence— S. 14(1A)(a) amended by Nos 8/2010 s. 10(1), 58/2011 s. 104(Sch. item 4.32). (a) authorises the licensee to supply liquor at the times determined by the Commission subject to section 15A and specified in the licence; and (b) is not renewable. S. 14(1B) inserted by No. 59/2009 s. 12(1). (1B) A renewable limited licence— S. 14(1B)(a) amended by Nos 8/2010 s. 10(2), 58/2011 s. 104(Sch. item 4.33). (a) subject to section 15A, authorises the licensee to supply liquor at the times determined by the Commission and specified in the licence; and (b) may be renewed in accordance with this Act. (2) A limited licence is subject to— S. 14(2)(a) repealed by No. 21/2014 s. 13. * * * * * (b) if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and S. 14(2)(c) amended by No. 58/2011 s. 104(Sch. item 4.34). (c) any other conditions determined by the Commission and specified in the licence.
S. 14B(3) amended by No. 58/2011 s. 104(Sch. item 4.40). (3) Subject to subsection (7), an event is taken to be a major event if the Commission determines that the event is likely to attract more than 5000 patrons. (4) An event is likely to have a significant impact if— (a) the event is likely to require significant effort or oversight by authorised persons; or (b) the event is likely to have a significant impact on the provision and organisation of public transport and emergency services; or (c) the event is likely to have a significant impact on public safety or the amenity of the area or both in which the event is to be held. S. 14B(5) amended by No. 58/2011 s. 104(Sch. item 4.41(a)). (5) In determining the number of patrons that the event is likely to attract, the Commission may consider— (a) the nature of the event (including any activities held in conjunction with the event); (b) the location of the event; (c) if the same event or substantially the same event has been held previously, the estimated number of patrons who attended that event; (d) the proposed number of tickets to be available for the event, if applicable; (e) any relevant recommendations made by the Chief Commissioner. S. 14B(6) amended by No. 58/2011 s. 104(Sch. item 4.41(b)). (6) In determining whether an event is likely to have a significant impact, the Commission must have regard to— (a) the number of patrons the event is likely to attract; (b) the proposed date, time and duration of the event;
S. 17(2)(d) substituted by No. 59/2009 s. 14. (d) a limited licence other than a limited licence that authorises late night trading hours; or S. 17(2)(e) inserted by No. 59/2009 s. 14. (e) a major event licence other than a major event licence that authorises late night trading hours. 18 Licence and permit condition—approval of directors S. 18(1) amended by No. 58/2011 s. 104(Sch. item 4.46). (1) Subject to subsection (2), it is a condition of every licence or BYO permit held by a body corporate that a person must not be appointed as, or otherwise become, a director of the body corporate without the approval of the Commission. (2) Subsection (1) does not apply to— (a) a licence or BYO permit held by— (i) a Council; or S. 18(2)(a)(ii) substituted by Nos 24/2006 s. 6.1.2(Sch. 7 item 26), 8/2009 s. 7. (ii) a university or a TAFE institute; or S. 18(2)(a)(iii) repealed by No. 24/2006 s. 6.1.2(Sch. 7 item 26). * * * * * (b) a club licence. S. 18A inserted by No. 21/2001 s. 6, amended by No. 39/2002 s. 7(1), repealed by No. 39/2002 s. 16(b). * * * * *
40 Objection by local council (1) The Council of the municipal district in which premises are situated may object to— (a) the grant or variation of a licence in respect of those premises; or (b) the relocation of a licence to those premises— on the ground that the grant, variation or relocation would detract from or be detrimental to the amenity of the area in which the premises are situated. S. 40(1A) inserted by No. 39/2002 s. 11(2). (1A) In addition to the ground referred to in subsection (1), the Council of the municipal district in which premises are situated may object to— S. 40(1A)(a) amended by No. 59/2009 s. 23. (a) the grant or variation of a packaged liquor licence or late night (packaged liquor) licence in respect of those premises; or S. 40(1A)(b) amended by No. 59/2009 s. 23. (b) the relocation of a packaged liquor licence or late night (packaged liquor) licence to those premises— on the ground that the grant, variation or relocation would be conducive to or encourage the misuse or abuse of alcohol. (2) An objection must— S. 40(2)(a) amended by No. 58/2011 s. 104(Sch. item 4.77). (a) be made to the Commission in writing within 30 days after the day on which notice of the application for the grant, variation or relocation was first displayed under section 34(1); and (b) state the reasons for the objection.
(a) a variation of the times outside ordinary trading hours at which the licence or permit authorises the supply of liquor; (b) a variation of the size or perimeter of the licensed premises; S. 58(2)(ba) inserted by No. 21/2014 s. 15. (ba) a variation of the times within ordinary trading hours between 31 December and 1 January at which the licence or permit authorises the supply of liquor; (c) a variation of a condition of the licence or permit (other than a condition imposed by this Act); (d) the imposition of a new condition on the licence or permit; (e) the removal of a condition of the licence or permit (other than a condition imposed by this Act). S. 58(3) amended by No. 58/2011 s. 104(Sch. item 4.102). (3) If the Commission proposes to vary a licence or BYO permit, the Commission must give the licensee or permittee written notice of the proposed variation. S. 58(4) amended by No. 58/2011 s. 104(Sch. item 4.103). (4) Within 21 days after notice is given to the licensee or permittee under subsection (3), the licensee or permittee may give the Commission written notice of objection to the proposed variation. S. 58(5) amended by No. 58/2011 s. 104(Sch. item 4.104). (5) If the licensee or permittee gives notice of objection in accordance with subsection (4), the Commission must not vary the licence or permit unless the Commission— (a) has given the licensee or permittee a reasonable opportunity to make written and oral submissions in relation to the objection; and (b) has considered any submissions so made.
(b) to assist in identifying and measuring the factors that contribute to the risk of harms. (2) The licensee or permittee must comply with a request under this section. (3) If there is any change in the information provided by a licensee or permittee under this section, the licensee or permittee must notify an authorised person of the change as soon as practicable. (4) The Secretary may authorise, for the purposes of this section, any person employed under Part 3 of the Public Administration Act 2004 in the Department of Justice. S. 66A(4A) inserted by No. 58/2011 s. 55. (4A) The Commission may authorise, for the purposes of this section, any person employed under Part 3 of the Public Administration Act 2004 by the Commission. S. 66A(5) substituted by No. 58/2011 s. 104(Sch. item 4.120). (5) In this section, authorised person also includes a person who is authorised under subsection (4) or (4A). Division 1—Club licences for amalgamated clubs 67 Application by amalgamated club for a club licence S. 67(1) amended by Nos 58/2011 s. 104(Sch. item 4.121), 20/2012 s. 226(Sch. 5 item 18(2)). (1) If two or more clubs, at least one of which holds a club licence, amalgamate under Part 2, Division 3 of Associations Incorporation Reform Act 2012, the amalgamated club may apply to the Commission under this Division for a club licence. related
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 Nothing in this Division prevents an amalgamated club from applying for a club licence in accordance with Division 4 of Part 2. Division 2—Casino premises 71 Definitions In this Division— Authority has the same meaning as in the Casino Control Act 1991;
S. 74 amended by No. 58/2011 s. 104(Sch. item 4.126). 74 Grant of application If the Commission is satisfied that a casino operator has made an application to which this Division applies in accordance with this Act, the Commission must grant the application. Division 3—Australian Grand Prix 75 Definitions In this Division— declared area and race period in respect of a year, have the same respective meanings as in the Australian Grands Prix Act 1994; Corporation means the Australian Grand Prix Corporation established under that Act. 76 Application of Division This Division applies to an application by the Corporation or a person with the consent of the Corporation for the grant of a limited licence for the whole or any part of the race period for a year in respect of premises within the declared area in respect of that year. 77 Requirements for an application to which this Division applies S. 77(1) amended by No. 58/2011 s. 104(Sch. item 4.127). (1) An application to which this Division applies must be accompanied by copies of plans of the premises to which the application relates showing to the satisfaction of the Commission the area or proposed area of the licensed premises. S. 77(2) amended by No. 58/2011 s. 104(Sch. item 4.127). (2) The Commission must give a copy of each application to which this Division applies to the Chief Commissioner.
(3) The following provisions of this Act do not apply to an application to which this Division applies— (a) section 28(1)(c)(i) (information to accompany application); (b) sections 33, 34, 35 and 36 (notification, display and advertisement requirements); (c) Division 5 of Part 2 (objections); (d) sections 44, 45, 46 and 47 (determination of applications). 78 Objection by Chief Commissioner (1) The Chief Commissioner may object to the grant of an application to which this Division applies on any grounds he or she thinks fit. (2) An objection must— S. 78(2)(a) amended by No. 58/2011 s. 104(Sch. item 4.128), substituted by No. 23/2012 s. 6(1). (a) be made to the Commission in writing within 21 days after the day on which a copy of the application was given to the Chief Commissioner under section 77(2); and (b) state the grounds of, and the reasons for, the objection. 79 Grant of application S. 79(1) amended by No. 58/2011 s. 104(Sch. item 4.129). (1) If no objection to an application under this Division is received within the period referred to in section 78(2)(a) (or that period as extended under section 174), the Commission must grant the application if satisfied that it was made in accordance with this Act. S. 79(2) amended by No. 58/2011 s. 104(Sch. item 4.129). (2) If an objection to an application under this Division is received within the period referred to in section 78(2)(a) (or that period as extended under section 174), the Commission must grant or
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. 99C(1) amended by No. 58/2011 s. 104(Sch. item 4.142). (1) A licensee may apply to the Commission to be exempted from the requirement to provide free drinking water to patrons under section 99A. S. 99C(2) amended by No. 58/2011 s. 104(Sch. item 4.142). (2) The Commission may approve an application if the Commission thinks it is appropriate to do so. S. 99C(3) amended by No. 58/2011 s. 104(Sch. item 4.142). (3) The Commission must give the licensee notice in writing of the approval or refusal of an application.
(c) must keep the register on the licensed premises; S. 100(d) amended by No. 92/2004 s. 24(a). (d) must not make or cause or permit to be made in the register any false or misleading entry; S. 100(e) inserted by No. 92/2004 s. 24(b), amended by Nos 8/2009 s. 14, 58/2011 s. 104(Sch. item 4.145(b)), 37/2014 s. 10(Sch. item 96.5). (e) must produce the register for inspection if asked to do so by a police officer or a gambling and liquor inspector. 10 penalty units. Note to s. 100 inserted by No. 13/2013 s. 29(2). Note Section 53A applies to an offence against this section. S. 101 amended by No. 57/2010 s. 16. 101 Copy of licence or permit to be displayed on premises A licensee or permittee must cause a copy of the licence or BYO permit most recently issued to and received by the licensee or permittee to be displayed in a conspicuous place on the licensed premises in a manner that invites public attention. 5 penalty units. Note to s. 101 inserted by No. 13/2013 s. 29(2). Note Section 53A applies to an offence against this section.
S. 104(1) amended by No. 58/2011 s. 104(Sch. item 4.155). (1) A licensee or permittee that is a body corporate may apply to the Commission for the approval of a person to be a director of the licensee or permittee. S. 104(1A) inserted by No. 92/2004 s. 18(1)(5). (1A) An application under this section must be accompanied by the fee specified in the regulations for the purposes of this section. S. 104(2) amended by No. 58/2011 s. 104(Sch. item 4.156). (2) The Commission must give a copy of an application under this section to the Chief Commissioner. (3) The Chief Commissioner may object to the application on the ground that the person is not a suitable person to be a director of the licensee or permittee. (4) An objection must— S. 104(4)(a) amended by No. 58/2011 s. 104(Sch. item 4.157). (a) be made to the Commission in writing within 21 days after the day on which a copy of the application was given to the Chief Commissioner; and (b) state the reasons for the objection. S. 104(5) amended by No. 58/2011 s. 104(Sch. item 4.158). (5) After the period referred to in subsection (4)(a) (or that period as extended under section 174) has expired, the Commission must approve or refuse to approve the person as a director, after considering any objection made under subsection (3). 105 No letting or sub-letting without consent S. 105(1) amended by Nos 92/2004 ss 23(2)(a), 27, 58/2011 s. 104(Sch. item 4.159). (1) A licensee or permittee must not let or sub-let any part of the licensed premises or assign the right to supply liquor without the consent of the Commission. 60 penalty units.
(i) supply liquor; or (ii) permit or cause liquor to be supplied; or (iii) permit liquor to be consumed— on the licensed premises or on any authorised premises; (b) must not use any place or premises, other than the licensed premises or authorised premises, for the supply of liquor; S. 108(1)(c) repealed by No. 73/2007 s. 21(1)(a). * * * * * S. 108(1)(d) amended by No. 73/2007 s. 21(1)(b). (d) must not permit a person to play any unlawful game on the licensed premises or on any authorised premises. S. 108(1)(e) repealed by No. 73/2007 s. 21(1)(c). * * * * * 60 penalty units. Note to s. 108(1) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. (2) Subsection (1)(b) does not apply to— (a) a licensee of a pre-retail licence; or S. 108(2)(b) amended by No. 71/2011 s. 19. (b) a licensee of a wine and beer producer's licence in respect of the supply of liquor under that licence to a person who holds a licence under this Act. (3) Despite subsection (1)(d), the game of two-up may be played—
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 Nos 114/2003 s. 12.1.3 (Sch. 6 item 9.3(b)), 56/2014 s. 62(2)(a). (i) the premises are being used by any subbranch of the Returned and Services League or are approved under section 2.2.4(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 (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
(4) It is a defence to a prosecution under this section for the defendant to prove that, at the time of the alleged offence, the defendant had seen an evidence of age document of the person whose age is material to the offence, indicating that that person is of or over the age of 18 years. S. 120(5) inserted by No. 92/2004 s. 4(2). (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. S. 121 amended by Nos 92/2004 s. 23(2)(a), 56/2014 s. 59. 121 Sending minor to obtain liquor A person must not send another person whom he or she knows or believes to be under the age of 18 years to a place where liquor is supplied, delivered or distributed for the purpose of obtaining liquor. 120 penalty units. 122 Permitting minor to supply liquor S. 122(1) amended by Nos 92/2004 s. 23(2)(d), 56/2014 s. 60. (1) A licensee must not permit a person under the age of 18 years to supply liquor on the licensed premises or on any authorised premises. 120 penalty units. Note to s. 122(1) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. S. 122(2) amended by No. 58/2011 s. 104(Sch. item 4.185). (2) Subsection (1) does not apply to the supply of liquor on licensed or authorised premises by a person under the age of 18 years if the person is engaged in a training program approved by the Commission and is supplying the liquor in accordance with any conditions to which the Commission has determined that the training program is subject.
123 Offences by minors (1) A person under the age of 18 years— (a) must not purchase or receive liquor from another person; and (b) must not possess or consume liquor; and (c) must not enter or remain on any part of premises where liquor is served by a licensee— (i) except for the purpose of partaking of a meal; or (ii) unless the person is an employee or agent of the licensee or is acting under, or employed in connection with, a contract with the licensee; or S. 123(1)(c)(iii) amended by No. 59/2009 s. 30(i). (iii) in the case of a general licence, a late night (general) licence, an on-premises licence or a late night (on-premises) licence under which accommodation is provided, unless the person is a resident of the licensed premises; or S. 123(1)(c)(iv) amended by No. 58/2011 s. 104(Sch. item 4.186). (iv) unless, in accordance with the approval of the Commission under section 120(2)(a) or (e) and any conditions to which that approval is subject, the person is authorised to be present on the premises; or S. 123(1)(c)(v) substituted by No. 92/2004 s. 4(1)(b). (v) unless he or she is in the company of a responsible adult; or (vi) unless the person is engaged in a training program in hospitality or in training for the purposes of employment or work experience and the person is so present in accordance
liquor in contravention of this Act, the protective services officer may demand particulars of the person's age, name and address. S. 126(3) repealed by No. 92/2004 s. 31. * * * * * (4) A person must not— (a) refuse to give particulars of his or her age, name and address; (b) give any false particulars of his or her age, name and address; or S. 126(4)(c) amended by No. 88/2001 s. 8. (c) give any false evidence as to his or her age, name or address— pursuant to a demand made under this section. 15 penalty units. S. 126(5) amended by Nos 43/2011 s. 30(2), 37/2014 s. 10(Sch. item 96.13). (5) If a person refuses to give his or her name and address on being required to do so under this section, a police officer or a protective services officer referred to in subsection (2) may caution him or her and if he or she persists in the refusal, may arrest him or her without a warrant. S. 126(6) inserted by No. 43/2011 s. 30(3), amended by No. 37/2014 s. 10(Sch. item 96.13). (6) If a protective services officer arrests a person under subsection (5), the protective services officer must hand the person into the custody of a police officer as soon as practicable after the person is arrested. 127 Seizure of evidence of age document (1) A document (except a driver licence), that is represented to be an evidence of age document, may be seized by the person to whom it has been produced if that person is—
the licensee or permittee has asked to leave the licensed premises or authorised premises. S. 133 amended by Nos 92/2004 s. 34, 108/2004 s. 117(1) (Sch. 3 item 115.1), repealed by No. 8/2009 s. 20(2). * * * * * Ss 133A, 133B inserted by No. 92/2004 s. 35, repealed by No. 8/2009 s. 20(2). * * * * * S. 133C inserted by No. 92/2004 s. 35. 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. S. 133C(2) substituted by No. 8/2009 s. 20(3). (2) This section does not apply if the person has been given a copy of the document certified by an authorised person as a true copy of the document. S. 133D inserted by No. 92/2004 s. 35. 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
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(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)(k) amended by No. 92/2004 s. 36(f). (k) section 126(4) (name and address of minor); S. 141(2)(l) inserted by No. 92/2004 s. 36(g), amended by No. 73/2007 s. 6(a), substituted by No. 8/2009 s. 21(2)(c). (l) section 130A(3) (refuse or fail to give name and residential address); S. 141(2)(m) inserted by No. 73/2007 s. 6(b). (m) section 148F(1) or (2) (contravening banning notice or failing to comply with police directions); S. 141(2)(n) inserted by No. 73/2007 s. 6(b), amended by No. 71/2011 s. 21(b). (n) section 148J(1) or (2) (contravening exclusion order or failing to comply with police directions); S. 141(2)(o) inserted by No. 71/2011 s. 21(c). (o) clause 25(2), (3), (4), (5), (6), (7) or (9) of Schedule 3 (transitional provisions—Liquor Control Reform Amendment Act 2010); S. 141(2)(p) inserted by No. 71/2011 s. 21(c). (p) clause 26 (transitional provision—Liquor Control Reform Further Amendment Act 2011). Ss 142, 143 repealed by No. 32/2006 s. 87(3). * * * * * S. 144 amended by Nos 88/2001 s. 10(2)(a)(b), 32/2006 s. 86(2) (ILA s. 39B(1)). 144 Infringement penalties (1) The infringement penalty for an offence against a provision of this Act or a regulation is one-tenth of the maximum penalty fixed by that provision or regulation for that offence.
S. 144(2) inserted by No. 32/2006 s. 86(2). (2) Despite subsection (1), the infringement penalty for an offence against section 103A(2) is 1 penalty unit. S. 144(3) inserted by No. 9/2008 s. 8(2). (3) Despite subsection (1), the infringement penalty for an offence against section 113(1), (1A), (1B) or (1C) is 2 penalty units. S. 144(4) inserted by No. 88/2009 s. 8(1). (4) Despite subsection (1), the infringement penalty for an offence against section 113A(1) is 2 penalty units. S. 144(5) inserted by No. 18/2010 s. 48, repealed by No. 71/2011 s. 22. * * * * * S. 145 repealed by No. 32/2006 s. 87(3). * * * * * S. 146 substituted by No. 32/2006 s. 87(4). 146 Effect of expiation Nothing in Division 5 of Part 2 of the Infringements Act 2006 affects or takes away from section 90(1)(h). Pt 8 Div. 6 (Heading and ss inserted by No. 73/2007 s. 24. Division 6—Liquor accords S. 146A inserted by No. 73/2007 s. 24. 146A Definitions In this Division— agreement includes a contract, arrangement or understanding;
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 Nos 58/2011 s. 104(Sch. item 4.207), 37/2014 s. 10(Sch. item 96.19(a)). 146D Information disclosure in relation to liquor accord bans The Commission or a police officer 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; (b) a photograph of the person; (c) the period for which the person is subject to the ban; S. 146D(d) amended by Nos 58/2011 s. 104(Sch. item 4.207), 37/2014 s. 10(Sch. item 96.19(b)). (d) any other information that the Commission or police officer considers necessary for the purposes of the effective and efficient enforcement of the ban. Ss 147, 148 repealed by No. 32/2006 s. 87(5). * * * * *
S. 148ZP inserted by No. 64/2010 s. 7. 148ZP Revocation of closure and evacuation notice and subsequent notice S. 148ZP(1) amended by No. 58/2011 s. 104(Sch. item 4.223). (1) If the fire safety inspector advises the Commission that the work required to rectify the serious fire threat has been satisfactorily completed, the Commission must revoke the closure and evacuation notice and any subsequent notice. S. 148ZP(2) amended by Nos 58/2011 s. 104(Sch. item 4.223), 71/2011 s. 28. (2) If the Commission revokes the closure and evacuation notice and any subsequent notice under subsection (1) the fire safety inspector must sign a document that records the revocation of the notice and any subsequent notice and serve the document on the licensee, permittee or a person who appears to be a responsible person. (3) The revocation of the closure and evacuation notice and any subsequent notice comes into effect on the service of the document under subsection (2). (4) A document under subsection (2) must be in the prescribed form. 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(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.
(b) the name of the licensee or permittee to whom the closure and evacuation notice has been issued; and (c) the time and date that the closure and evacuation notice took effect; and (d) a copy of the closure and evacuation notice; and (e) any subsequent notice; and S. 148ZS(2)(f) amended by No. 58/2011 s. 104(Sch. item 4.227). (f) any information related to a search conducted under section 148W that the Commission considers necessary for the purpose of the effective and efficient enforcement of a relevant provision of the Building Act 1993; and (g) the fact that the closure and evacuation notice has been revoked. S. 148ZS(3) amended by No. 58/2011 s. 104(Sch. item 4.227). (3) Any information disclosed by the Commission under subsection (2) must not be used by— (a) the Chief Officer, except for the enforcement of this Part or a relevant provision of the Metropolitan Fire Brigades Act 1958 or the Country Fire Authority Act 1958; and (b) a municipal building surveyor of a Council, except for the enforcement of this part or a relevant provision of the Building Act 1993 or the Local Government Act 1989; and S. 148ZS(3)(c) amended by No. 37/2014 s. 10(Sch. item 96.31). (c) a police officer, except for the enforcement of this Part.
S. 148ZT(3) amended by No. 58/2011 s. 104(Sch. item 4.230(b)). (3) If the Commission revokes a closure and evacuation notice and any subsequent notice for a licensed premises the Commission must disclose that fact to the municipal building surveyor of the Council within the municipal district of which the premises is situated within 5 working days. S. 148ZT(4) amended by No. 58/2011 s. 104(Sch. item 4.230(c)). (4) Any information disclosed by the Commission under subsections (1) or (2) must not be used by a municipal building surveyor, except for the enforcement of a relevant provision of the Building Act 1993 or Local Government Act 1989. Ss inserted by No. 64/2010 s. 7, repealed by No. 58/2011 s. 68. * * * * * S. 148ZX inserted by No. 64/2010 s. 7. 148ZX Power to serve an infringement notice (1) If an authorised person has reason to believe that a person has committed an offence referred to in subsection (2), he or she may serve an infringement notice on that person. (2) An infringement notice may be served in respect of an offence against section 148ZJ(2) (refusal or failure to comply with a direction). S. 148ZY inserted by No. 64/2010 s. 7. 148ZY Infringement penalties The infringement penalty for an offence against section 148ZJ(2) is 2 penalty units.
S. 181 repealed by No. 21/2001 s. 13. * * * * * S. 182 amended by No. 58/2011 s. 64(1) (ILA s. 39B(1)). 182 Savings and transitional provisions (1) Schedule 3 has effect. S. 182(2) inserted by No. 58/2011 s. 64(1). (2) Schedule 4 has effect. S. 183 repealed by No. 21/2001 s. 13, new s. 183 inserted by No. 13/2013 s. 30. 183 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 (1) For the avoidance of doubt, section 53A applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 27 of the Statute Law Amendment (Directors' Liability) Act 2013. (2) For the avoidance of doubt, section 53B applies with respect to an offence against a provision specified in subsection (2) of that section that is alleged to have been committed by a body corporate on or after the commencement of section 27 of the Statute Law Amendment (Directors' Liability) Act 2013. (3) For the avoidance of doubt, section 53C applies with respect to an offence against a provision
alcohol program within 12 months of that commencement. 60 penalty units. (3) If a licensee of a general licence, onpremises licence, packaged liquor licence or late night licence that was existing immediately before the commencement of section 19 of the Liquor Control Reform Amendment Act 2010 is a body corporate and the person responsible for the management or control of the licensed premises has not completed a responsible service of alcohol program in the 3 years before that commencement, the licensee must ensure the person completes an approved responsible service of alcohol program within 12 months of that commencement. 60 penalty units. (4) A licensee (except a body corporate) of a general licence, on-premises licence, packaged liquor licence or late night licence that was existing immediately before the commencement of section 19 of the Liquor Control Reform Amendment Act 2010 who has completed a responsible service of alcohol program in the 3 years before that commencement, must complete an approved responsible service of alcohol program within the later of the following periods— (a) the period commencing on that commencement and the period ending 3 years from the date on which the licensee completed the responsible service of alcohol program; (b) the period ending 12 months from that commencement. 60 penalty units.
Sch. 3 Pt 2 (Heading and cls 26−30) inserted by No. 71/2011 s. 31(2). Part 2—Liquor Control Reform Further Amendment Act 2011 Sch. 3 cl. 26 inserted by No. 71/2011 s. 31(2). 26 Transitional provision—general licence (1) In this section a pre-2011 general licence means a general licence as in force before the commencement of section 7 of the Liquor Control Reform Further Amendment Act 2011 under which a licensee supplies packaged liquor only for consumption off the licensed premises as the whole of the licensee's ordinary business of supplying liquor. (2) The Commission may— (a) impose a condition that the licensee of a general licence comply with the code of conduct (if any) determined by the Minister under section 11(5) as in force from time to time; and (b) charge the prescribed renewal fee for a licence that is subject to the condition set out in paragraph (a). (3) On and from the commencement of section 7 of the Liquor Control Reform Further Amendment Act 2011, a licensee of a pre2011 general licence must notify the Commission in writing within 3 months after commencing supply of packaged liquor only for consumption off the licensed premises as the whole of the licensee's ordinary business supplying liquor. Penalty: 10 penalty units. Sch. 3 cl. 27 inserted by No. 71/2011 s. 31(2). 27 Savings provision—packaged liquor licences Section 11(1) as amended by the Liquor Control Reform Further Amendment Act 2011 is taken
Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 26) on 28.6.12: s. 2(1) : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Liquor Control Reform Amendment Act 2013, No. 1/2013 Assent Date: 12.2.13 Commencement Date: 13.2.13: s. 2 : All of Act in operation Co-operatives National Law Application Act 2013, No. 9/2013 Assent Date: 13.3.13 Commencement Date: S. 42(Sch. 2 item 12) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 Current State: This information relates only to the provision/s amending the Liquor Control Reform Act 1998 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 State Tax Laws Amendment (Budget and Other Measures) Act 2013, No. 41/2013 Assent Date: 28.6.13 Commencement Date: S. 43 on 29.6.13: s. 2(1) : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 3(Sch. 1 item 26) on 1.12.13: s. 2(1) : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Legal Profession Uniform Law Application Act 2014, No. 17/2014 Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 56) on 1 July 2015: Special Gazette (No.151) 16.6.15 p.1 Current State: This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act 2014, No. 21/2014