S. 3(1) def. of amenity inserted by No. 39/2002 s. 4(1). amenity has the meaning given by section 3A; S. 3(1) def. of approved responsible service of alcohol program inserted by No. 57/2010 s. 4(2), amended by No. 58/2011 s. 51(3). approved responsible service of alcohol program means— (a) an initial training program approved by the Commission under section 26C; or (b) in relation to a person who has previously completed an initial training program referred to in paragraph (a), a refresher training program approved by the Commission under section 26C; S. 3(1) def. of approved responsible service of alcohol program register inserted by No. 57/2010 s. 4(2). approved responsible service of alcohol program register means a register kept by a licensee in accordance with section 108AD; S. 3(1) def. of associate inserted by No. 92/2004 s. 9(1), substituted by No. 73/2007 s. 8. associate has the meaning given in section 3AC; s. 3 S. 3(1) def. of Australian lawyer inserted by No. 8/2009 s. 4(1). Australian lawyer has the same meaning as in the Legal Profession Act 2004; authorised gaming visitor means a person— (a) who is on licensed premises in respect of which a venue operator's licence is in force; and
(d) a member, employee or delegate of an entity referred to in paragraph (a), (b) or (c); S. 3(1) def. of authorised person inserted by No. 8/2009 s. 4(1), substituted by No. 58/2011 s. 51(2). authorised person means— (a) a commissioner; or (b) a gambling and liquor inspector; or (c) a member of the police force; s. 3 S. 3(1) def. of authorised premises amended by No. 59/2009 s. 4(1). authorised premises means premises referred to in section 9(1)(b), 9A(1)(b) or 11A(3)(b); S. 3(1) def. of banning notice inserted by No. 73/2007 s. 4. banning notice means a notice given under section 148B; S. 3(1) def. of barring order inserted by No. 12/2011 s. 3(1). barring order means an order served under section 106D, whether or not the order is varied under section 106I; S. 3(1) def. of bed and breakfast business inserted by No. 57/2010 s. 4(1), substituted by No. 21/2014 s. 4(2). bed and breakfast business means a business that provides temporary accommodation, other than dormitory style accommodation, for not more than 8 adults in the course of that business;
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. 3(1) def. of related body corporate inserted by No. 39/2002 s. 4(2)(a), repealed by No. 39/2002 s. 16(a). * * * * * s. 3 S. 3(1) def. of related entity amended by No. 44/2001 s. 3(Sch. item 73.1), substituted by No. 39/2002 s. 4(2)(b), repealed by No. 39/2002 s. 16(a). * * * * * S. 3(1) def. of relevant police member inserted by No. 73/2007 s. 4, repealed by No. 57/2010 s. 4(3)(b). * * * * *
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; s. 3 S. 3(1) def. of TAFE institute inserted by No. 8/2009 s. 4(2). TAFE institute has the same meaning as in the Education and Training Reform Act 2006; tax officer has the same meaning as in the Taxation Administration Act 1997; S. 3(1) def. of Tribunal repealed by No. 58/2011 s. 51(4). * * * * * uncontested application means an application for the grant, variation, transfer or relocation of a licence or BYO permit in respect of which no objection is received under Division 5 of Part 2 within the period set out in that Division for that objection (or that period as extended under section 174); S. 3(1) def. of university inserted by No. 8/2009 s. 4(2). university has the same meaning as in the Education and Training Reform Act 2006; S. 3(1) def. of vending machine inserted by No. 92/2004 s. 9(1). vending machine means a machine or device that is designed to enable the purchase of items stored in the machine or device by the insertion of money, a token, a card or a similar object into the machine or device;
Relationships Act 2008 as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants. S. 3(4) inserted by No. 12/2011 s. 3(2). (4) A reference in this Act to the vicinity of licensed premises means a public place that is within 20 metres of the licensed premises, but is not the licensed premises. S. 3A inserted by No. 39/2002 s. 5. 3A What is amenity? s. 3A (1) For the purposes of this Act, the amenity of an area is the quality that the area has of being pleasant and agreeable. (2) Factors that may be taken into account in determining whether the grant, variation or relocation of a licence would detract from or be detrimental to the amenity of an area include— (a) the presence or absence of parking facilities; (b) traffic movement and density; (c) noise levels; (d) the possibility of nuisance or vandalism; (e) the harmony and coherence of the environment; (f) any other prescribed matters. (3) Nothing in subsection (2) is intended to limit the definition of amenity. S. 3AA inserted by No. 58/2011 s. 52. 3AA Evidence constituting detraction from or detriment to amenity of area For the purposes of this Act, evidence of any of the following factors, which may occur inside, or a place outside a licensed premises that is sufficiently proximate to, that premises, are taken to constitute evidence of detraction from, or
S. 4(1)(c) amended by Nos 57/2010 s. 5(1), 71/2011 s. 5. (c) to contribute to the responsible development of the liquor, licensed hospitality and live music industries; and S. 4(1)(d) inserted by No. 57/2010 s. 5(2). (d) to regulate licensed premises that provide sexually explicit entertainment. S. 4(2) inserted by No. 59/2009 s. 5(3). (2) It is the intention of Parliament that every power, authority, discretion, jurisdiction and duty conferred or imposed by this Act must be exercised and performed with due regard to harm minimisation and the risks associated with the misuse and abuse of alcohol. S. 5 (Heading) inserted by No. 92/2004 s. 11(1). 5 Liquor Control Advisory Council s. 5 S. 5(1) substituted by No. 92/2004 s. 11(2). (1) There is established a Liquor Control Advisory Council to advise the Minister on problems of alcohol abuse and on any other matters referred to it by the Minister. S. 5(2) substituted by No. 92/2004 s. 11(2). (2) The Council consists of a Chairperson and as many other members as the Minister considers it appropriate to appoint. S. 5(3) substituted by No. 92/2004 s. 11(2). (3) In appointing a person to be a member of the Council, the Minister must be satisfied that the person has appropriate knowledge, experience or skills. (4) A member holds office for the period, not exceeding 5 years, specified in the instrument of appointment and is eligible for re-appointment. (5) A member is entitled to be paid any travelling and other allowances approved by the Minister.
(d) if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and S. 9(2)(e) amended by No. 58/2011 s. 104(Sch. item 4.12). (e) any other conditions determined by the Commission and specified in the licence. S. 9(3) amended by No. 73/2007 s. 13(1), repealed by No. 59/2009 s. 8(4). * * * * * S. 9(4)(5) inserted by No. 73/2007 s. 13(2), repealed by No. 59/2009 s. 8(4). * * * * * S. 9A inserted by No. 59/2009 s. 9. 9A Restaurant and cafe licence s. 9A (1) A restaurant and cafe licence authorises the licensee— (a) to supply liquor on the licensed premises— (i) during ordinary trading hours; and S. 9A(1)(a)(ii) amended by Nos 8/2010 s. 6(1), 58/2011 s. 104(Sch. item 4.13). (ii) subject to section 15A, at any other times determined by the Commission and specified in the licence— for consumption on the licensed premises where the predominant activity carried out at all times on the premises is the preparation and serving of meals to be consumed on the licensed premises; and
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. (4) A late night (packaged liquor) licence authorises the licensee to supply liquor on the licensed premises in sealed containers, bottles or cans— (a) during ordinary trading hours; and S. 11A(4)(b) amended by Nos 8/2010 s. 9(4), 71/2011 s. 9(1), 58/2011 s. 104(Sch. item 4.27). (b) subject to section 15A, at any other times determined by the Commission and specified in the licence; and S. 11A(4)(c) inserted by No. 71/2011 s. 9(2), amended by No. 71/2011 s. 34. s. 11A (c) 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. (5) A late night licence is subject to— (a) the condition set out in section 16 (compliance with planning scheme); and (b) the condition set out in section 17(1); and
(h) if the proposed event, or similar event, has previously been held, the impact of that prior event on the factors in paragraphs (a) to (f); (i) any relevant recommendations made by the Chief Commissioner; S. 14B(6)(j) amended by No. 58/2011 s. 104(Sch. item 4.41(b)). s. 14B (j) any other matter that the Commission considers relevant. S. 14B(7) amended by No. 58/2011 s. 104(Sch. item 4.41(c)). (7) Despite subsection (3), the Commission may determine that an event that is likely to attract more than 5000 patrons is not a major event if, in the opinion of the Commission, the event is unlikely to have a significant impact on any of the factors set out in subsection (4). S. 14B(8) repealed by No. 58/2011 s. 104(Sch. item 4.42). * * * * * 15 BYO permit s. 15 S. 15(1) amended by Nos 8/2010 s. 12, 58/2011 s. 104(Sch. item 4.43). (1) Subject to section 15A, a BYO permit authorises liquor to be consumed, possessed or controlled on the premises in respect of which the permit is granted at the times determined by the Commission and specified in the permit. (2) A BYO permit is subject to— (a) a condition that the permittee does not cause or permit undue detriment to the amenity of the area to arise out of or in connection with the use of the premises to which the permit relates during or immediately after the periods to which the permit relates; and
S. 26(4) inserted by No. 59/2009 s. 16. (4) The fee specified in a notice under subsection (3) must be the amount that is the difference between the prescribed fee for a temporary limited licence and the relevant prescribed fee for a major event licence. S. 26(5) inserted by No. 59/2009 s. 16, amended by No. 58/2011 s. 104(Sch. item 4.52). (5) If a notice is given under subsection (3), the Commission is not required to consider the application further until the fee specified in the notice is paid. New s. 26A inserted by No. 59/2009 s. 17, amended by No. 58/2011 s. 104(Sch. item 4.53). 26A Restriction on grant of major event licence s. 26A The Commission may grant a major event licence only if satisfied that the scale and scope of the supply of liquor the subject of the licence is limited in nature. New s. 26B inserted by No. 57/2010 s. 11. 26B Restriction on the grant of certain responsible service of alcohol programs (1) This section applies to an application for a general licence, on-premises licence, packaged liquor licence or late night licence. S. 26B(2) amended by No. 58/2011 s. 104(Sch. item 4.54). (2) The Commission must not grant the licence unless satisfied that the applicant, or if the applicant is a body corporate, the person who will be responsible for the management or control of the licensed premises, has completed an approved responsible service of alcohol program in the 3 years prior to the date on which the application was made. S. 26B(3) amended by No. 58/2011 s. 104(Sch. item 4.54). (3) The Commission may exempt an applicant, or if the applicant is a body corporate, the person who will be responsible for the management or control of the licensed premises, from the requirement under subsection (2), if the Commission thinks it is appropriate to do so.
S. 28(1)(aa) inserted by No. 92/2004 s. 15(1)(a), amended by No. 73/2007 s. 14, substituted by No. 8/2009 s. 9(1). (aa) list the names, dates of birth and addresses of the associates— (i) of the applicant; and (ii) if the applicant is a body corporate, of each director of the applicant; and S. 28(1)(ab) inserted by No. 71/2011 s. 15. (ab) disclose any demerit points that have accrued within the previous 3 years on a licence or permit that the applicant or a nominee of the applicant has held or holds at the time of the application; and (b) include the prescribed particulars; and (c) be accompanied by— (i) the prescribed information (if any); and S. 28(1)(c)(ia) inserted by No. 92/2004 s. 15(1)(b), amended by No. 58/2011 s. 104(Sch. item 4.57). (ia) a plan or depiction of the premises in respect of which the licence or BYO permit is sought in a form specified by the Commission; and (ii) the prescribed fee for the licence or permit. S. 28(2) amended by No. 58/2011 s. 104(Sch. item 4.58). (2) If a change occurs in the particulars or information included in or with an application, the applicant must notify the Commission of the change within 14 days. S. 28(3) amended by No. 58/2011 s. 104(Sch. item 4.59). (3) If the Commission requests an applicant to give any other information, the applicant must comply with the request. S. 28(4) inserted by No. 8/2009 s. 9(2). (4) Subsection (1)(aa)(ii) does not apply to an application by a Council, a university or a TAFE institute.
S. 35(3) amended by No. 58/2011 s. 104(Sch. item 4.70). (3) The Commission may— (a) specify the newspaper in which notice of an application, or of applications of a specified class, is or are to be advertised; S. 35(3)(b) amended by No. 58/2011 s. 104(Sch. item 4.70). (b) direct that an application, or applications of a specified class, is or are to be advertised in another manner specified by the Commission. S. 35(4) amended by No. 58/2011 s. 104(Sch. item 4.70). (4) A notice referred to in subsection (1) or (2) must comply with any requirements specified by the Commission as to size and the information contained in it. S. 35(5) amended by No. 58/2011 s. 104(Sch. item 4.70). (5) The Commission must refuse to consider an application until the applicant has complied with subsection (1) or (2), as the case requires. S. 35(6) amended by No. 59/2009 s. 21(5). (6) In this section— prescribed licence means a licence, other than a limited licence or a major event licence, of a class that is prescribed for the purposes of subsection (1). 36 Notification of particular persons s. 36 S. 36(1) amended by No. 58/2011 s. 104(Sch. item 4.71). (1) The Commission may direct an applicant for a licence or for a variation or relocation of a licence to give notice of the application to a specified person or to persons in a specified area personally or by post. S. 36(2) amended by No. 58/2011 s. 104(Sch. item 4.72). (2) The Commission may give a direction under subsection (1) only if the Commission considers that the grant, variation or relocation of the licence may cause material detriment to the persons to be notified.
(a) the owner of the licensed premises (if he or she was not that licensee or permittee); or (b) a mortgagee of the licensed premises; or (c) any other person prejudicially affected by the failure— s. 62 may apply to the Commission for renewal of the licence in the name of the applicant or a person nominated by the applicant if the applicant is entitled to possession of the premises. (2) An application under subsection (1) must be— S. 62(2)(a) amended by No. 58/2011 s. 104(Sch. item 4.115). (a) made by 30 September next following the day on which the licence or permit ceased to be in force or within such later time as the Commission determines; and S. 62(2)(b) amended by No. 58/2011 s. 104(Sch. item 4.115). (b) in a form approved by the Commission; and (c) accompanied by the prescribed renewal fee. S. 62(3) amended by No. 58/2011 s. 104(Sch. item 4.115). (3) The Commission must give a copy of an application under this section to the Chief Commissioner. (4) The Chief Commissioner may object to the application on the ground that the applicant or nominated person is not a suitable person to hold the licence or permit. (5) An objection must— S. 62(5)(a) amended by No. 58/2011 s. 104(Sch. item 4.115). (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.
79 Grant of application s. 79 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 refuse the application after considering the objection. _______________ 80 Application by executors, trustees and administrators for endorsement on licence or BYO permit s. 80 S. 80(1) amended by No. 58/2011 s. 104(Sch. item 4.130). (1) Any of the following persons may apply to the Commission to have their name or the name of their agent endorsed on a licence or BYO permit— (a) a person who is, or intends to become, the legal personal representative of a deceased licensee or permittee; (b) the guardian or administrator appointed under the Guardianship and Administration Act 1986 in respect of a licensee or permittee who is a represented person within the meaning of that Act; (c) subject to subsection (2), the official receiver, trustee or assignee of a licensee or
5 penalty units. S. 102(2) amended by No. 58/2011 s. 104(Sch. item 4.152). (2) In displaying a notice, the licensee or permittee must comply with any requirements imposed by the Commission concerning the size, format or manner of display of the notice. 5 penalty units. Note to s. 102 inserted by No. 13/2013 s. 29(3). Note Section 53A applies to an offence against subsection (1) or (2). 103 Change of directors S. 103(1) amended by No. 58/2011 s. 104(Sch. item 4.153). (1) If a person ceases to be a director of a body corporate that is a licensee or permittee, the licensee or permittee must notify the Commission in writing within 14 days after the person so ceases. 5 penalty units. S. 103(2) amended by No. 58/2011 s. 104(Sch. item 4.153). (2) A body corporate that is a licensee or permittee must not appoint a person as, or allow a person to become, a director of the body corporate without the approval of the Commission under section 104. 5 penalty units. s. 103A (3) This section does not apply to— (a) a licensee or permittee that is— (i) a Council; or S. 103(3)(a)(ii) substituted by Nos 24/2006 s. 6.1.2(Sch. 7 item 26), 8/2009 s. 15(1). (ii) a university or a TAFE institute; or
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). s. 105 (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. Note to s. 105(1) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection.
S. 108AG inserted by No. 57/2010 s. 19. 108AG Exemption from approved responsible service of alcohol program requirements—on application s. 108AF S. 108AG(1) amended by No. 58/2011 s. 104(Sch. item 4.176). (1) A licensee may apply to the Commission to be exempted from any of the requirements of sections 108AA to 108AE. S. 108AG(2) amended by No. 58/2011 s. 104(Sch. item 4.176). (2) The Commission may approve an application if the Commission thinks it is appropriate to do so. S. 108AG(3) amended by No. 58/2011 s. 104(Sch. item 4.176). (3) The Commission must give the licensee notice in writing of the approval or refusal of an application. S. 108AG(4) amended by No. 58/2011 s. 104(Sch. item 4.176). (4) The Commission may grant an exemption under subsection (2) for the period and on any conditions the Commission determines. S. 108AG(5) amended by No. 58/2011 s. 104(Sch. item 4.176). (5) The Commission may revoke an exemption granted under subsection (2) by notice in writing. S. 108AH (Heading) amended by No. 58/2011 s. 104(Sch. item 4.177). S. 108AH inserted by No. 57/2010 s. 19, amended by No. 58/2011 s. 104(Sch. item 4.178). 108AH Matters Commission must consider when exempting licensees from responsible service of alcohol program requirements s. 108AH In making a decision under section 108AF or 108AG to exempt a licensee or class of licensees from any of the requirements of sections 108AA to 108AE, the Commission must consider— (a) the risk of harm arising from the misuse and abuse of liquor supplied under the licence; and
S. 115(2)(d)(ii) amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.3(c)). (ii) a function to which section 2.3.2(3) of the Gambling Regulation Act 2003 applies is being held on the premises. S. 115A inserted by No. 73/2007 s. 22. 115A Prohibited advertising or promotion S. 115A(1) amended by No. 58/2011 s. 104(Sch. item 4.181). (1) The Commission may give a notice to a licensee banning the licensee from advertising or promoting— (a) the supply of liquor by the licensee; or (b) the conduct of licensed premises by the licensee— if, in the opinion of the Commission, the advertising or promotion, or the proposed advertising or promotion, is likely to encourage irresponsible consumption of alcohol or is otherwise not in the public interest. (2) A licensee to whom a notice applies must comply with the notice. 120 penalty units. Note to s. 115A(2) inserted by No. 13/2013 s. 29(4). Note Section 53C applies to an offence against this subsection. 116 Falsely indicating that premises are licensed s. 116 A person must not, by means of a notice, sign or otherwise— (a) indicate that premises are licensed premises or are licensed premises under a particular kind of licence or under a BYO permit if they are not such licensed premises; or
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 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
(2) A person must not give a document or other material to another person if he or she knows— (a) both that the other person intends to use the document or material to support an application for a proof of age document, and that the document or material contains information that is false or misleading; or (b) that the other person intends to use the document or material contrary to subsection (1)(b). 20 penalty units. Division 3—Investigatory powers s. 126 126 Power to demand suspected minor to give his or her age S. 126(1) amended by No. 8/2009 s. 18(1)(b). (1) If— S. 126(1)(a) amended by Nos 8/2009 s. 18(1)(a), 58/2011 s. 104(Sch. item 4.187). (a) a member of the police force or a gambling and liquor inspector has reason to believe that a person appearing to be under the age of 18 years— (i) has requested or received a supply of liquor; or (ii) has consumed, is consuming or is about to consume liquor; or
(2) A person must not seize a document under subsection (1) unless that person reasonably believes that— (a) the person who produced the document is not the person to whom the document was issued; or (b) the document contains false or misleading information about the name or age of the person who produced the document; or (c) the document has been forged or fraudulently altered; or (d) the document is being used in contravention of this Act. S. 127(3) amended by Nos 8/2009 s. 18(2)(b), 43/2011 s. 31(2), 58/2011 s. 104(Sch. item 4.188). (3) If a document has been seized under subsection (1) by a person other than a member of the police force, a protective services officer or a gambling and liquor inspector, that person must give the document to a member of the police force. S. 127(4) amended by Nos 8/2009 s. 18(2)(c), 43/2011 s. 31(3), 58/2011 s. 104(Sch. item 4.188). (4) A member of the police force, a protective services officer or a gambling and liquor inspector who has seized a document under subsection (1) or a member of the police force to whom a document has been given under subsection (3) must return the document within 28 days to the person who produced it unless— (a) the person who produced the document is not the person to whom the document was issued; or (b) the document contains false or misleading information about the name or age of the person who produced the document; or (c) the document has been forged or fraudulently altered; or
Pt 8 Div. 3A (Heading and ss 133F, 133G) inserted by No. 73/2007 s. 23. Division 3A—Undertakings by licensees S. 133F inserted by No. 73/2007 s. 23. 133F Undertakings s. 133F S. 133F(1) amended by No. 58/2011 s. 104(Sch. item 4.194). (1) The Commission may accept a written undertaking given by a licensee in connection with— S. 133F(1)(a) amended by No. 58/2011 s. 104(Sch. item 4.194). (a) a matter in relation to which the Commission has a power or function under this Act; or (b) a matter relating to a contravention of this Act. S. 133F(2) amended by No. 58/2011 s. 104(Sch. item 4.194). (2) The Commission must give a copy of the undertaking to the licensee. S. 133F(3) amended by No. 58/2011 s. 104(Sch. item 4.194). (3) A licensee may withdraw or vary an undertaking at any time, if the licensee has first obtained the consent of the Commission. S. 133G inserted by No. 73/2007 s. 23. 133G Register of undertakings s. 133G S. 133G(1) amended by No. 58/2011 s. 104(Sch. item 4.195). (1) The Commission must— (a) maintain a register of undertakings; and
(c) an offence against section 114(2). (2) An infringement notice may be served in respect of an offence against— S. 141(2)(aaa) inserted by No. 71/2011 s. 21(a). (aaa) section 54(11) (failure to notify Commission of person ceasing to be nominee); S. 141(2)(a) substituted by No. 92/2004 s. 36(a). (a) section 98 (owners and mortgagees of licensed premises); S. 141(2)(aa) inserted by No. 92/2004 s. 36(a). (aa) section 99 (refreshments to be available); S. 141(2)(aab) inserted by No. 57/2010 s. 21(1). (aab) section 99A (free drinking water to be provided); S. 141(2)(ab) inserted by No. 92/2004 s. 36(a). s. 141 (ab) section 100 (except paragraph (d)) (residents' register); (b) section 101 (failure to display licence or permit on licensed premises); S. 141(2)(ba) inserted by No. 92/2004 s. 36(b), amended by No. 8/2009 s. 21(2)(b). (ba) section 101B(2) (failure to produce plan of premises on request); (c) section 102 (failure to display notice on licensed premises or to comply with requirements for display); (d) section 103 (failure to notify change of director or obtain approval for new director);
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);
reasonably likely to be an effective means of reducing or preventing the occurrence of alcohol-related violence or disorder in the area. S. 147(2) amended by No. 58/2011 s. 104(Sch. item 4.208). (2) Before making an Order, the Commission must consult the Chief Commissioner. s. 147 (3) A reference in this section to the immediate vicinity of licensed premises means a place that is within 100 metres of the licensed premises. (4) In this section— public place has the same meaning as in the Summary Offences Act 1966. New s. 148 inserted by No. 73/2007 s. 5. 148 Court proceedings regarding Order (1) In any proceeding in which the validity of an Order made under section 147 is called into question, the court hearing the proceeding must not stay the operation of the Order pending the final determination of the proceeding, unless the court considers that there are exceptional circumstances. (2) If a court finds that an Order made under section 147 is invalid, that finding does not affect the validity, in relation to any period before that finding, of— (a) any banning notice given or exclusion order made in relation to the designated area that is the subject of the Order; and (b) anything done under this Part in reliance on that banning notice or exclusion order. S. 148A inserted by No. 73/2007 s. 5. 148A Variation and revocation of Order s. 148
(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
Sch. 3 Pt 1 (Heading) inserted by No. 71/2011 s. 31(1). 1—GENERAL PROVISIONS Sch. 3 1 Definitions In this Schedule— commencement day means the day on which Part 11 of this Act comes into operation; Commission means the Liquor Licensing Commission established under the repealed Act; licence includes a licence within the meaning of the repealed Act; licensed premises includes licensed premises within the meaning of the repealed Act; licensee includes a licensee within the meaning of the repealed Act; permit includes a permit granted under the repealed Act; Sch. 3 cl. 1 def. of repealed Act amended by No. 23/2002 s. 197(1)(a). repealed Act means the Liquor Control Act 1987; Sch. 3 cl. 1 def. of Victorian Electoral Commission inserted by No. 23/2002 s. 197(1)(b). Victorian Electoral Commission means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002. 2 Liquor Licensing Commission (1) On the commencement day—
Sch. 3 cl. 20 inserted by No. 39/2002 s. 15. 20 Transitional provision—Liquor Control Reform (Packaged Liquor Licences) Act 2002 (1) Section 11(3)(aac) and (aad), as inserted by section 6(1) of the Liquor Control Reform (Packaged Liquor Licences) Act 2002, extends to packaged liquor licences in force at the commencement of that section 6(1). (2) However, the licence condition referred to in section 11(3)(aac) does not apply to a packaged liquor licence until the financial year commencing on 1 July 2003. (3) Section 35, as substituted by section 10 of the Liquor Control Reform (Packaged Liquor Licences) Act 2002, applies to an application made on or after the commencement of that section 10. (4) If— Sch. 3 (a) on or after 14 May 2002 but before the day on which the Liquor Control Reform (Packaged Liquor Licences) Act 2002 receives the Royal Assent, the Director grants or transfers to a person a packaged liquor licence; and (b) the grant or transfer would have been prohibited by section 23 had the Liquor Control Reform (Packaged Liquor Licences) Act 2002 received the Royal Assent— the grant or transfer (as the case requires) is, and must be taken always to have been, void.