S. 3(1) def. of violence or disorder inserted by No. 73/2007 s. 10. alcohol-related violence or disorder means violence or disorder resulting from or related to the consumption of alcohol (whether or not the alcohol is consumed in the place where the violence or disorder occurs); 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 advanced RSA program inserted by No. 64/2014 s. 40. approved advanced RSA program means a training program approved by the Commission under section 146E; 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 co-operative amended by No. 9/2013 s. 42(Sch. 2 item 12). co-operative has the same meaning as in the Cooperatives National Law (Victoria); Council has the same meaning as in the Local Government Act 1989; S. 3(1) def. of cruise ship inserted by No. 21/2014 s. 4(1). cruise ship means a ship that— (a) has sleeping facilities for at least 100 passengers, other than crew members; and (b) is used to transport passengers for a fee, whether within or outside State waters or in the course of overseas or interstate journeys; S. 3(1) def. of designated area inserted by No. 73/2007 s. 4. designated area means an area declared under section 147 to be a designated area for the purposes of Part 8A; S. 3(1) def. of designated place inserted by No. 43/2011 s. 29, substituted by No. 37/2014 s. 10(Sch. item 96.1(e)). designated place has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of Director repealed by No. 58/2011 s. 51(4). * * * * *
S. 3(1) def. of hospital inserted by No. 21/2014 s. 4(1). hospital means any of the following— (a) a denominational hospital within the meaning of the Health Services Act 1988; (b) a designated public hospital within the meaning of the Health Services Act 1988; (c) a metropolitan hospital within the meaning of the Health Services Act 1988; (d) a private hospital within the meaning of the Health Services Act 1988; (e) a privately-operated hospital within the meaning of the Health Services Act 1988; (f) a public hospital within the meaning of the Health Services Act 1988; S. 3(1) def. of infringement notice inserted by No. 71/2011 s. 4(a). infringement notice has the same meaning as in the Infringements Act 2006; S. 3(1) def. of infringement penalty inserted by No. 71/2011 s. 4(a). infringement penalty has the same meaning as in the Infringements Act 2006; S. 3(1) def. of inquiry inserted by No. 58/2011 s. 51(1). inquiry has the same meaning as in the Victorian Commission for Gambling and Liquor Regulation Act 2011;
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(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. S. 5(6) amended by No. 108/2004 s. 117(1) (Sch. 3 item 115.1). (6) The Public Administration Act 2004 does not apply to a member of the Council in respect of the office of member. S. 5(7) amended by No. 92/2004 s. 11(3). (7) The Minister may remove a member from office. (8) The Council may regulate its own procedure.
visitor or a guest of a member for consumption on the licensed premises. S. 10(2A) inserted by No. 21/2014 s. 11. (2A) A full club licence also authorises the licensee to supply liquor on the licensed premises to a member of the club, an authorised gaming visitor or a guest of a member between 11 p.m. on 31 December and 1 a.m. on 1 January for consumption on the licensed premises. 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. (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
(a) is authorised under section 11A(2), 11A(3) or 14(1B) or the licence; and (b) is either— (i) to a resident of the licensed premises or the guest of a resident for consumption on the licensed premises; or (ii) if the licensee resides on the licensed premises, on that part of the licensed premises set aside for the licensee's private residence to a guest of the licensee for consumption on that part of the licensed premises. (2) Section 15A(3) does not prohibit the supply of liquor at any time between 5 a.m. and 12 noon on ANZAC Day under a general licence or an onpremises licence if that supply— (a) is authorised under section 8 or 9 or the licence; and (b) is either— (i) to a resident of the licensed premises or the guest of a resident for consumption on the licensed premises; or (ii) if the licensee resides on the licensed premises, on that part of the licensed premises set aside for the licensee's private residence to a guest of the licensee for consumption on that part of the licensed premises. S. 15D inserted by No. 8/2010 s. 13. 15D Exemptions from ANZAC Day (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 that supply—
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. 26B(4) amended by No. 58/2011 s. 104(Sch. item 4.54). (4) In making a decision under subsection (3), the Commission must consider— (a) the risk of harm arising from the misuse and abuse of liquor supplied under the licence; and (b) the extent of the burden imposed on the licensee by the requirement under subsection (2). S. 26B(5) amended by No. 58/2011 s. 104(Sch. item 4.54). (5) The Commission may grant an exemption under subsection (3) for the period and on any conditions the Commission determines. S. 26B(6) amended by No. 58/2011 s. 104(Sch. item 4.54). (6) The Commission may revoke an exemption granted under subsection (3) by notice in writing. New s. 26C inserted by No. 57/2010 s. 11, amended by No. 58/2011 s. 104(Sch. item 4.55). 26C Approval of responsible service of alcohol programs The Commission may, from time to time, approve initial training programs and refresher training programs to be approved responsible service of alcohol programs for the purposes this Act.
(6) A notice under this section must contain— (a) the name of the applicant; and (b) the address of the premises to which the application relates or to which the licensed premises are sought to be relocated; and (c) the type of licence to which the application relates; and (d) if the application is for a variation of the times during which the licence authorises the supply of liquor, the times sought in the application; and (e) any conditions sought in relation to the grant, variation or relocation of the licence; and S. 34(6)(f) amended by No. 58/2011 s. 104(Sch. item 4.69). (f) any other information required by the Commission. S. 34(7) amended by Nos 59/2009 s. 20(2), 58/2011 s. 104(Sch. item 4.69). (7) The Commission may require an applicant for the grant, variation or relocation of a limited licence or a major event licence or a prescribed variation of a licence to display the application in accordance with this section. S. 34(8) inserted by No. 92/2004 s. 17. (8) This section does not apply in respect of an application made under section 29(1)(b) for the variation of a licence. Note Applications for variation under section 29(1)(b) can only be made by the Chief Commissioner or a licensing inspector. S. 35 substituted by No. 39/2002 s. 10. 35 Advertisement of licence application
S. 80(3) inserted by No. 92/2004 s. 18(1)(3). (3) An application under this section must be accompanied by the fee specified in the regulations for the purposes of this section. S. 81 amended by No. 92/2004 s. 18(1)(4) (ILA s. 39B(1)). 81 Application by owner or mortgagee of licensed premises for endorsement on licence or BYO permit S. 81(1) amended by No. 58/2011 s. 104(Sch. item 4.131). (1) The owner or a mortgagee of licensed premises may apply to the Commission to have their name or the name of their agent endorsed on a licence or BYO permit if— (a) the licensee or permittee has been legally evicted from, or has deserted, the licensed premises; and (b) the owner or mortgagee is in possession of the licensed premises. S. 81(2) inserted by No. 92/2004 s. 18(1)(4). (2) An application under this section must be accompanied by the fee specified in the regulations for the purposes of this section. 82 Application procedure (1) An application under section 80 or 81 must— S. 82(1)(a) amended by No. 58/2011 s. 104(Sch. item 4.132). (a) be in the form, and contain the particulars, approved by the Commission; and (b) be accompanied by the prescribed fee. S. 82(2) amended by No. 58/2011 s. 104(Sch. item 4.132). (2) The Commission must give a copy of each application under section 80 or 81 to the Chief Commissioner. 83 Objection by Chief Commissioner
situated that may affect the Commission's view of the amenity of the area. (3) The Commission may do one of, or a combination of, the following— (a) cancel the licence or BYO permit; (b) suspend the licence or permit for the period specified by the Commission; (c) make a variation (within the meaning of Division 1) to the licence or permit; (d) make any other direction the Commission thinks fit. (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) amended by No. 37/2014 s. 10(Sch. item 96.4(a)). (1) A senior police officer, by notice in writing to a licensee, may suspend the licensee's licence for a period not exceeding 24 hours, if the officer believes on reasonable grounds that— S. 96A(1)(a) amended by No. 64/2014 s. 44. (a) the licensee has engaged in conduct that would constitute grounds for a request under section 91(1)(b) for an inquiry into the licensee; and S. 96A(1)(b) repealed by No. 8/2009 s. 11. * * * * *
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. S. 99C(4) amended by No. 58/2011 s. 104(Sch. item 4.142). (4) The Commission may grant an exemption under subsection (2) for the period and on any conditions the Commission determines. S. 99C(5) amended by No. 58/2011 s. 104(Sch. item 4.142). (5) The Commission may revoke an exemption granted under subsection (2) by notice in writing. S. 99D (Heading) amended by No. 58/2011 s. 104(Sch. item 4.143). S. 99D inserted by No. 57/2010 s. 15, amended by No. 58/2011 s. 104(Sch. item 4.144). 99D Matters Commission must consider when exempting licensees from free drinking water requirements In making a decision under section 99B or 99C to exempt a licensee, class of licensees or class of activities from the requirement to provide free drinking water to patrons under section 99A, the Commission must consider— (a) the risk of harm arising from the misuse and abuse of liquor supplied under the licence; and (b) the extent of the burden imposed on the licensee by the requirement under section 99A. S. 100 amended by No. 59/2009 s. 30(g). 100 Residents' register A licensee under a general licence, a late night (general) licence, an onpremises licence or a late night (onpremises) licence relating to licensed premises where accommodation for residents is provided— S. 100(a) amended by No. 58/2011 s. 104(Sch. item 4.145(a)). (a) must keep a residents' register in a form approved by the Commission;
Note to s. 103 inserted by No. 13/2013 s. 29(3). Note Section 53A applies to an offence against subsection (1) or (2). S. 103A inserted by No. 92/2004 s. 26. 103A Change of associates S. 103A(1) repealed by No. 8/2009 s. 15(2)(a). * * * * * S. 103A(2) amended by Nos 8/2009 s. 15(2)(b), 58/2011 s. 104(Sch. item 4.154). (2) A licensee or permittee must, within 14 days after the occurrence of either of the following events, notify the Commission in writing of the event— (a) that a person has ceased to be his, her or its associate; or (b) that a person has become his, her or its associate. 5 penalty units. Note to s. 103A(2) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. 104 Approval of directors 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. 105(1A) inserted by No. 92/2004 s. 18(1)(6), amended by No. 58/2011 s. 104(Sch. item 4.160). (1A) A request for the Commission's consent must be accompanied by the fee specified in the regulations for the purposes of this section. S. 105(2) amended by No. 58/2011 s. 104(Sch. item 4.161). (2) The Commission may require the licensee or permittee to give notice of a request for consent under this section to a specified person, or persons in a specified area, in the manner approved by the Commission. S. 105(3) amended by No. 58/2011 s. 104(Sch. item 4.162(a)). (3) The Commission may— S. 105(3)(a) amended by No. 58/2011 s. 104(Sch. item 4.162(b)). (a) consent in writing under this section and impose any conditions the Commission thinks fit on that consent, including a condition that the consent is not effective until any requirements specified in it have been met; or (b) refuse consent. S. 105(4) amended by Nos 39/2002 s. 12(a), 58/2011 s. 104(Sch. item 4.163). (4) In doing so, the Commission must consider any objections made to the Commission against the giving of consent. S. 105(5) amended by No. 58/2011 s. 104(Sch. item 4.164). (5) The consent of the Commission is valid for the period specified in the consent. 106 Control of business of supply of liquor
S. 106(1) amended by Nos 92/2004 s. 23(2)(a), 58/2011 s. 104(Sch. item 4.165). (1) A licensee or permittee must not— (a) permit any other person to carry on a business of supplying liquor on the licensed premises; or (b) permit any person who is not employed by the licensee or permittee to be engaged in the carrying on of such a business— except in accordance with the consent of the Commission given to the licensee or permittee. 60 penalty units. Note to s. 106(1) inserted by No. 13/2013 s. 29(4). Note Section 53C applies to an offence against this subsection. S. 106(1A) inserted by No. 92/2004 s. 18(1)(7), amended by No. 58/2011 s. 104(Sch. item 4.166). (1A) A request for the Commission's consent must be accompanied by the fee specified in the regulations for the purposes of this section. S. 106(2) amended by No. 58/2011 s. 104(Sch. item 4.167). (2) The Commission may require the licensee or permittee to give notice of a request for consent under this section to a specified person, or persons in a specified area, in the manner approved by the Commission. S. 106(3) amended by No. 58/2011 s. 104(Sch. item 4.168(a)). (3) The Commission may— S. 106(3)(a) amended by No. 58/2011 s. 104(Sch. item 4.168(b)). (a) consent in writing under this section and impose any conditions the Commission thinks fit on that consent, including a condition that the consent is not effective until any requirements specified in it have been met; or
section 53A(2), 53B(2) or 53C(2) that is alleged to have been committed by a body corporate. (5) Nothing in this section is intended to affect or reduce the liability of the licensee or permittee with respect to the act or omission of the person. S. 160B (Heading) amended by No. 58/2011 s. 104(Sch. item 4.171). S. 106B inserted by No. 57/2010 s. 17, amended by No. 58/2011 s. 104(Sch. item 4.172). 106B Requirement to notify Commission that sexually explicit entertainment provided on licensed premises A licensee must notify the Commission in writing within 21 days after commencing to provide sexually explicit entertainment on the licensed premises. 10 penalty units. Note to s. 106B inserted by No. 13/2013 s. 29(2). Note Section 53A applies to an offence against this section. Pt 7A (Heading and ss inserted by No. 12/2011 s. 4. S. 106C inserted by No. 12/2011 s. 4. 106C Definitions For the purposes of this Part, a reference to licensed premises includes any area adjacent to the licensed premises that is owned or occupied by the licensee or permittee.
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(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(1) amended by No. 58/2011 s. 104(Sch. item 4.195). (1) The Commission must— (a) maintain a register of undertakings; and (b) register each undertaking in the register of undertakings.
(d) to pay money into a fund established to minimise, or promote the minimisation of, harm arising from the misuse or abuse of alcohol; (e) to publish, at the person's expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the injunction. (4) An application for an injunction under this section may be made ex parte. S. 133J inserted by No. 58/2011 s. 61. 133J Interim injunctions (1) The Supreme Court, County Court or Magistrates' Court may grant an interim injunction pending determination of an application under section 133H, if, in the opinion of the Court it is desirable to do so— (a) whether or not it appears to the Court that the person intends to engage in or continue to engage in conduct of the kind referred to in paragraphs (a) to (e) of section 133H(1); or (b) whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind. (2) The Court may grant an interim injunction pending determination of an application under section 133I in relation to an act or thing, if, in the opinion of the Court it is desirable to do so— (a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and
140 Notice of conviction S. 140(1) amended by Nos 88/2001 s. 9, 58/2011 s. 104(Sch. item 4.203). (1) If a licensee or permittee is convicted of an offence against this Act or the regulations, the principal registrar of the Magistrates' Court must give written notice of the conviction to the Commission as soon as practicable after the conviction. S. 140(2) amended by No. 58/2011 s. 104(Sch. item 4.203). (2) If a notice under subsection (1) relates to a licensee or permittee of licensed premises of which the licensee or permittee is not the owner, the Commission must send a copy of the notice to the owner of the licensed premises. Division 5—Infringement notices 141 Power to serve an infringement notice S. 141(1) amended by No. 37/2014 s. 10(Sch. item 96.18). (1) If a police officer 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. S. 141(1AA) inserted by No. 8/2009 s. 21(1), amended by Nos 88/2009 s. 8(2)(a), 12/2011 s. 8(1), 58/2011 s. 104(Sch. item 4.204). (1AA) If a gambling and liquor inspector has reason to believe that a person has committed an offence referred to in subsection (2) (other than subsection (2)(dd), (de), (df), (dg), (dh), (fc), (gb), (gc), (m) or (n)), he or she may serve an infringement notice on that person. S. 141(1AB) inserted by No. 43/2011 s. 33(1). (1AB) If a protective services officer has reason to believe that a person has committed an offence against section 123(1)(b) at or in the vicinity of a designated place, he or she may serve an infringement notice on that person.
S. 141(1A) inserted by No. 32/2006 s. 87(2), amended by Nos 8/2009 s. 21(2)(a), 43/2011 s. 33(2). (1A) An offence referred to in subsection (1), (1AA) or (1AB) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. S. 141(1B) inserted by No. 9/2008 s. 8(1). (1B) Despite subsection (1), an infringement notice must not be served under subsection (1) on a person who is under 18 years of age at the time of the alleged offence in respect of the following offences— (a) an offence against section 113(1), (1A), (1B) or (1C); (b) an offence against section 114(1); (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). (ab) section 100 (except paragraph (d)) (residents' register);
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)(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(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)(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. 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). * * * * *
New s. 147 inserted by No. 73/2007 s. 5. 147 Order declaring designated area S. 147(1) amended by No. 58/2011 s. 104(Sch. item 4.208). (1) The Commission, by Order published in the Government Gazette, may declare an area to be a designated area for the purposes of this Part if the Commission believes that— (a) alcohol-related violence or disorder has occurred in a public place that is in the immediate vicinity of licensed premises within the area; and (b) the exercise of powers under Division 2 or 3 of this Part in relation to the area is 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. (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. 148A(1) amended by No. 58/2011 s. 104(Sch. item 4.209). (1) The Commission, by Order published in the Government Gazette— (a) may at any time vary or revoke an Order made under section 147; and S. 148A(1)(b) amended by No. 58/2011 s. 104(Sch. item 4.209). (b) must revoke an Order made under section 147 if the Commission believes that the grounds for making the Order no longer exist. (2) This Division applies to the variation or revocation of an Order in the same way as it does to the making of the Order. Division 2—Banning notices S. 148B inserted by No. 73/2007 s. 5. 148B Issue of banning notice
(j) that the notice may be varied or revoked under section 148E. S. 148D inserted by No. 73/2007 s. 5. 148D Requirement to give name and address S. 148D(1) amended by Nos 57/2010 s. 24, 37/2014 s. 10(Sch. item 96.22(a)). (1) A police officer who intends to give a banning notice to a person may request the person to state the person's name and address. S. 148D(2) amended by Nos 57/2010 s. 24, 37/2014 s. 10(Sch. item 96.22(b)). (2) A police officer who makes a request under subsection (1) must inform the person of the police officer's intention to give the person a banning order. S. 148D(3) amended by Nos 57/2010 s. 24, 37/2014 s. 10(Sch. item 96.22(c)). (3) A person must not, in response to a request made by a police officer in accordance with this section— (a) refuse or fail to comply with the request without a reasonable excuse for not doing so; or (b) state a name that is false in a material particular; or (c) state an address other than the full and correct address of his or her ordinary place of residence or business. 5 penalty units. S. 148D(4) amended by No. 37/2014 s. 10(Sch. item 96.22(d)). (4) A person who is requested to state his or her name and address may request the police officer who made the request to state, orally or in writing, the police officer's name, rank and place of duty. S. 148D(5) amended by Nos 57/2010 s. 24, 37/2014 s. 10(Sch. item 96.22(e)(i)). (5) A police officer must not, in response to a request under subsection (4)— (a) refuse or fail to comply with the request; or
making or last variation of the order that make it appropriate for the order to be varied. Division 4—General S. 148N inserted by No. 73/2007 s. 5, repealed by No. 57/2010 s. 26. * * * * * S. 148O inserted by No. 73/2007 s. 5, amended by No. 59/2009 s. 30(l). 148O Licensed premises include authorised premises In the case of premises in respect of which an onpremises licence, a late night (on-premises) licence or a restaurant and cafe licence is in force, a reference in this Part to licensed premises includes a reference to authorised premises. S. 148P inserted by No. 73/2007 s. 5, amended by Nos 57/2010 s. 27, 58/2011 s. 104(Sch. item 4.210), 37/2014 s. 10(Sch. item 96.29(a)). 148P Disclosure of information for enforcement purposes The Commission or a police officer may disclose the following information to a licensee or permittee, or an employee or agent of a licensee or permittee— (a) the fact that a banning notice or an exclusion order has been given or made that bans or excludes the person to whom it applies from the licensed premises; and (b) the name of the person to whom the notice or order applies and, if available, a photograph of that person; and (c) the period for which the notice or order applies; and (d) a copy of the notice or order and of any variation or revocation of the notice or order; and
S. 148P(e) amended by Nos 58/2011 s. 104(Sch. item 4.210), 21/2015 s. 3(Sch. 1 item 31.2). (e) any other information in relation to the notice or order that the Commission or the police officer considers necessary for the purposes of the effective and efficient enforcement of the notice or order. S. 148Q inserted by No. 73/2007 s. 5. 148Q Offence to permit contravention of banning notice or exclusion order (1) A licensee or permittee must not knowingly permit a person to whom a banning notice or an exclusion order applies to enter or re-enter the licensed premises in contravention of the notice or order. 60 penalty units. Note to s. 148Q(1) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. (2) An employee or agent of a licensee or permittee must not knowingly permit a person to whom a banning notice or an exclusion order applies to enter or re-enter the licensed premises in contravention of the notice or order. 60 penalty units. S. 148R inserted by No. 73/2007 s. 5. 148R Annual report by Chief Commissioner (1) The Chief Commissioner must submit a report to the Minister in respect of each financial year that includes the following information— (a) in relation to banning notices— (i) the number of banning notices given during that year; (ii) the number of persons to whom banning notices were given during that year;
(iii) the number of banning notices given during that year to each person who was given more than one banning notice during that year; (iv) the suspected specified offences in respect of which banning notices were given during that year; (v) the designated areas in which those offences were suspected of being committed; (vi) the ages of the persons to whom banning notices were given during that year; (vii) whether any of the persons to whom banning notices were given during that year were of Koori origin; (viii) the number of banning notices given during that year in relation to each designated area; (ix) the number of persons charged with an offence against section 148F(1) or (2) during that year; (x) the results of those charges; S. 148R(1) (a)(xi) amended by No. 37/2014 s. 10(Sch. item 96.30(a)). (xi) the number of contraventions of section 148F(1) or (2) that were recorded by police officers during that year in respect of which no charges were laid; (b) in relation to exclusion orders—
S. 148ZO inserted by No. 64/2010 s. 7, amended by No. 58/2011 s. 104(Sch. item 4.222). 148ZO Inspection by fire safety inspector of rectification work On inspecting the licensed premises under section 148ZN(3) or on request of the licensee or permittee, the fire safety inspector must advise the Commission if the work required to rectify the serious fire threat has or has not been satisfactorily completed. 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.
Pt 9 Div. 2 (Heading and ss 157–161) amended by Nos 108/2004 s. 117(1) (Sch. 3 item 115.3), 80/2006 s. 26(Sch. item 61.2), substituted as Pt 9 Div. 2 (Heading and ss 151–160) by No. 58/2011 s. 62. Division 2—Internal review S. 151 substituted by No. 58/2011 s. 62. 151 Definitions In this Division— applicable decision maker means— (a) a single commissioner performing a function or duty or exercising a power under this Act; or (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 The following table sets out— (a) decisions (however described) made under this Act by an applicable decision maker that
(c) the resolution to be submitted at the vote of electors is— That a licence (nature of licence to be stated) be granted in [or relocated to] the neighbourhood (neighbourhood to be sufficiently indicated); Sch. 3 cl. 17(2)(d) amended by No. 23/2012 s. 6(3)(4). (d) if a majority of the electors voting formally vote against the resolution, the VCGLR must not grant the application for the licence or for the relocation of the licence (as the case may be) nor may the VCGLR grant any application for a licence in or the relocation of a licence to that neighbourhood within 3 years after the taking of such vote; Sch. 3 cl. 17(2)(e) amended by Nos 24/1999 s. 48, 23/2002 s. 197(3)(a), 23/2012 s. 6(3). (e) when the VCGLR orders a vote to be taken under this clause, the Victorian Electoral Commission must take a vote of electors accordingly and for that purpose— Sch. 3 cl. 17(2)(e)(i) amended by No. 23/2002 s. 197(3)(b). (i) the Victorian Electoral Commission may make all proper arrangements for the taking of the vote; Sch. 3 cl. 17(2)(e)(ii) amended by No. 23/2002 s. 197(3)(c). (ii) every elector within the neighbourhood delineated who is entitled to be enrolled on the register of electors within the meaning of the Electoral Act 2002 on the 60th day before the taking of the vote is qualified to vote but may vote once only;
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 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