Liquor Control Reform Amendment Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Liquor Control Reform Amendment Act 2013 No. 1 of 2013 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Seizure of liquor from minors 2 4 Delegation by the Commission 3 5 Repeal of sunset provision 3 6 Repeal of amending Act 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Liquor Control Reform Amendment Act 2013 † No. 1 of 2013 [Assented to 12 February 2013] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Liquor Control Reform Act 1998— (a) to provide that a member of the police force, protective services officer on duty at a designated place or gambling and liquor inspector who seizes liquor from a minor may tip out the liquor; and Victoria -- 2 of 5 -- Liquor Control Reform Amendment Act 2013 No. 1 of 2013 2 Authorised by the Chief Parliamentary Counsel (b) to allow the Commission to delegate its powers under Part 8B to a commissioner; and (c) to extend the operation of Part 8B; and (d) for other purposes. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3 Seizure of liquor from minors (1) In section 128(1) of the Liquor Control Reform Act 1998— (a) after "seize and" insert "tip out or"; and (b) after "seized and" insert "tipped out or". (2) For section 128(2) of the Liquor Control Reform Act 1998 substitute— "(2) A member of the police force, protective services officer on duty at a designated place or gambling and liquor inspector who seizes and tips out liquor under subsection (1) must do so as soon as is practicable after seizure.". (3) After section 128(2) of the Liquor Control Reform Act 1998 insert— "(3) If liquor is seized and tipped out under subsection (1), it is taken to have been forfeited to the Crown immediately before it is tipped out. (4) If liquor is seized and taken away under subsection (1) and the person from whom the liquor was seized is found guilty by a court of possessing the liquor in contravention of this Act, the court may order that the liquor be forfeited to the Crown or be destroyed or otherwise disposed of. s. 2 -- 3 of 5 -- Liquor Control Reform Amendment Act 2013 No. 1 of 2013 3 Authorised by the Chief Parliamentary Counsel (5) No compensation is payable by the Crown in respect of any liquor tipped out, forfeited, destroyed or otherwise disposed of under this section.". 4 Delegation by the Commission In section 148ZR(1) of the Liquor Control Reform Act 1998, after "delegate to" insert "a commissioner or". 5 Repeal of sunset provision Section 148ZZ of the Liquor Control Reform Act 1998 is repealed. 6 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 4 -- 4 of 5 -- Liquor Control Reform Amendment Act 2013 No. 1 of 2013 4 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 14 November 2012 Legislative Council: 13 December 2012 The long title for the Bill for this Act was "A Bill for an Act to make various amendments to the Liquor Control Reform Act 1998 and for other purposes." Endnotes -- 5 of 5 --