Liquor Control Reform Amendment Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Liquor Control Reform Amendment Regulations 2011 S.R. No. 70/2011 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 2 5 New Part 7A inserted 2 PART 7A—PRESCRIBED BARRING ORDER REQUIREMENTS 2 57A Prescribed barring order and variation form 2 57B Prescribed variation form for Director 2 57C Prescribed particulars for notice of revocation 3 6 New Schedule 4 inserted 4 SCHEDULE 4 4 Form 1—Barring Order 4 Form 2—Notice of Variation of Barring Order 5 ═══════════════ ENDNOTES 7 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 70/2011 Liquor Control Reform Act 1998 Liquor Control Reform Amendment Regulations 2011 The Governor in Council makes the following Regulations: Dated: 26 July 2011 Responsible Minister: MICHAEL O'BRIEN Minister for Consumer Affairs MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Liquor Control Reform Regulations 2009 to prescribe forms for issuing and varying barring orders and to prescribe the particulars for a notice of revocation of a barring order under Part 7A of the Liquor Control Reform Act 1998. 2 Authorising provision These Regulations are made under section 180 of the Liquor Control Reform Act 1998. 3 Commencement These Regulations come into operation on 1 August 2011. -- 2 of 8 -- S.R. No. 70/2011 Liquor Control Reform Amendment Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 4 Principal Regulations In these Regulations, the Liquor Control Reform Regulations 2009 1 are called the Principal Regulations. 5 New Part 7A inserted After Part 7 of the Principal Regulations insert— "PART 7A—PRESCRIBED BARRING ORDER REQUIREMENTS 57A Prescribed barring order and variation form For the purposes of section 106F and 106I(6) of the Act, the prescribed form for— (a) a barring order issued under section 106D; and (b) a notice of variation of a barring order issued by a licensee, permittee, responsible person or member of the police force under section 106I(1)— is Form 1 in Schedule 4. 57B Prescribed variation form for Director For the purposes of section 106I(6) of the Act, the prescribed form for notice of a variation of a barring order issued by the Director under section 106I(2) is Form 2 in Schedule 4. r. 4 -- 3 of 8 -- S.R. No. 70/2011 Liquor Control Reform Amendment Regulations 2011 3 Authorised by the Chief Parliamentary Counsel 57C Prescribed particulars for notice of revocation For the purposes of section 106I(7) of the Act, the prescribed particulars for a notice of revocation are— (a) the name and address (if known) of the person the subject of the barring order; and (b) the name, address and liquor licence number of the licensed premises to which the barring order applies; and (c) the barring order reference number; and (d) the date the barring order commenced; and (e) a statement that the barring order is revoked; and (f) the date and time at which the barring order is revoked; and (g) the name, title, Victoria Police registered number (if applicable) and signature of the person revoking the barring order. __________________". r. 5 -- 4 of 8 -- S.R. No. 70/2011 Liquor Control Reform Amendment Regulations 2011 4 Authorised by the Chief Parliamentary Counsel 6 New Schedule 4 inserted After Schedule 3 to the Principal Regulations insert— "__________________ SCHEDULE 4 FORM 1 Regulation 57A Liquor Control Reform Act 1998 BARRING ORDER This barring order is issued*/varied* by the licensee*/permittee*/responsible person*/member of the police force* under section 106D*/106I* of the Liquor Control Reform Act 1998. Type of order—barring order*/notice of variation to a barring order* Name of barred person Address of barred person (if known) Date of birth of barred person (if known) Trading name of licensed premises Liquor licence number Address of licensed premises Name of licensee*/permittee*/responsible person*/member of the police force* Victoria Police registered number (if applicable)* Barring order reference number Commencement date and time Expiry date and time This order has been issued because the person being barred is drunk, violent or quarrelsome in the licensed premises*/the person issuing the order reasonably believes the safety of the person being barred, or any other person r. 6 -- 5 of 8 -- S.R. No. 70/2011 Liquor Control Reform Amendment Regulations 2011 5 Authorised by the Chief Parliamentary Counsel in the licensed premises, is at substantial or immediate risk as a result of that person's consumption of alcohol*. (not applicable to variation) The following is a brief description of the particulars of the circumstances giving rise to the issue of the order*/the nature of the variation*— [specify reasons for issuing barring order or nature of the variation] Offences If you have been served with this barring order, it is an offence for you to— ● Enter or remain on the licensed premises without a reasonable excuse; or ● Re-enter or remain in the vicinity of the licensed premises without a reasonable excuse for the duration of the order. The vicinity of a licensed premises means a public place that is within 20 metres of the licensed premises. These offences carry a maximum fine of 20 penalty units. Order issued by [insert name and signature of licensee, permittee, responsible person or member of the police force] This order was issued on [insert date]. *Delete if inapplicable __________________ FORM 2 Regulation 57B Liquor Control Reform Act 1998 NOTICE OF VARIATION OF BARRING ORDER I, [insert name of Director of Liquor Licensing or delegate], delegate of* the Director of Liquor Licensing appointed under the Liquor Control Reform Act 1998 (Act), am empowered under section 106I(2) to vary a barring order. r. 6 -- 6 of 8 -- S.R. No. 70/2011 Liquor Control Reform Amendment Regulations 2011 6 Authorised by the Chief Parliamentary Counsel 1 I hereby order the following variation(s*) to barring order reference number [insert barring order reference number] (Barring Order) issued to [insert name of barred person] of [insert barred person's address] in respect of [insert name of licensed premises] at [insert address of licensed premises], liquor licence number [insert liquor licence number]— [specify variation(s) to barring order]. 2 The remaining details in the Barring Order are not affected by this notice and will remain in force for the duration of the Barring Order, unless otherwise amended. Notice issued by [insert name of Director of Liquor Licensing/delegate, title of Director of Liquor Licensing/delegate, signature of Director of Liquor Licensing/delegate] Date: [insert date] Time: [insert time] *Delete if inapplicable". ═══════════════ r. 6 -- 7 of 8 -- S.R. No. 70/2011 Liquor Control Reform Amendment Regulations 2011 7 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 134/2009 as amended by S.R. Nos 125/2010 and 149/2010. Endnotes -- 8 of 8 --