Justice Legislation Amendment Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Justice Legislation Amendment Act 2011 No. 12 of 2011 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 PART 2—AMENDMENTS TO THE LIQUOR CONTROL REFORM ACT 1998 3 3 Definitions 3 4 New Part 7A inserted 3 PART 7A—BARRING ORDERS 3 106C Definitions 3 106D Barring orders 4 106E Police must produce proof of identity 4 106F Content of barring order 4 106G Duration of barring order 4 106H Requirement to give name and address 5 106I Variation and revocation of barring order 7 106J Offences 8 106K Licensee or permittee must keep records of barring orders 8 5 Licensee must complete refresher approved responsible service of alcohol programs 9 6 Licensee must keep approved responsible service of alcohol register 10 7 Offences by persons other than licensee or permittee 10 8 Power to serve an infringement notice 11 PART 3—AMENDMENTS TO THE SUMMARY OFFENCES ACT 1966 13 9 Persons found drunk and disorderly 13 10 Infringement penalty 13 11 New section 60AC inserted 14 60AC Partial exclusion of the operation of the expiation principle 14 -- 1 of 18 -- Section Page ii Authorised by the Chief Parliamentary Counsel PART 4—GENERAL 15 12 Statute law revision 15 13 Repeal of Amending Act 15 ═══════════════ ENDNOTES 16 -- 2 of 18 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Justice Legislation Amendment Act 2011 † No. 12 of 2011 [Assented to 10 May 2011] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The purpose of this Act is— (a) to amend the Liquor Control Reform Act 1998 to enable persons to be barred from licensed premises and their vicinity in certain circumstances and to otherwise amend that Act; and Victoria -- 3 of 18 -- Part 1—Preliminary Justice Legislation Amendment Act 2011 No. 12 of 2011 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Summary Offences Act 1966 to increase the penalties for being drunk and disorderly and to otherwise amend that Act. 2 Commencement (1) This Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 February 2012, it comes into operation on that day. __________________ s. 2 -- 4 of 18 -- Part 2—Amendments to the Liquor Control Reform Act 1998 Justice Legislation Amendment Act 2011 No. 12 of 2011 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENTS TO THE LIQUOR CONTROL REFORM ACT 1998 3 Definitions (1) In section 3(1) of the Liquor Control Reform Act 1998 insert the following definitions— "barring order means an order served under section 106D, whether or not the order is varied under section 106I; responsible person means a person responsible for the management or control of licensed premises;". (2) After section 3(3) of the Liquor Control Reform Act 1998 insert— "(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.". 4 New Part 7A inserted After Part 7 of the Liquor Control Reform Act 1998 insert— "PART 7A—BARRING ORDERS 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. See: Act No. 94/1998. Reprint No. 5 as at 1 April 2010 and amending Act Nos 9/2008, 88/2009, 13/2010, 18/2010, 52/2010 and 57/2010. LawToday: www. legislation. vic.gov.au s. 3 -- 5 of 18 -- Part 2—Amendments to the Liquor Control Reform Act 1998 Justice Legislation Amendment Act 2011 No. 12 of 2011 4 Authorised by the Chief Parliamentary Counsel 106D Barring orders A licensee, permittee, responsible person or member of the police force may, by order served on a person, bar the person from entering or remaining on licensed premises for a specified period if— (a) the person is drunk, violent or quarrelsome in the licensed premises; or (b) the licensee, permittee, responsible person or member of the police force reasonably believes that the safety of the person, or any other person in the licensed premises, is at substantial or immediate risk as a result of the consumption of alcohol by the person. 106E Police must produce proof of identity A member of the police force must produce proof of his or her identity and official status before serving a barring order on a person, unless the member is in uniform. 106F Content of barring order A barring order must be in the prescribed form. 106G Duration of barring order (1) A person on whom a barring order has been served may be barred under that order— (a) if the person has not previously been served with a barring order barring the person from entering or remaining on the licensed premises, for a period not exceeding one month; s. 4 -- 6 of 18 -- Part 2—Amendments to the Liquor Control Reform Act 1998 Justice Legislation Amendment Act 2011 No. 12 of 2011 5 Authorised by the Chief Parliamentary Counsel (b) if the person has on one previous occasion been served with a barring order barring the person from entering or remaining on the licensed premises, for a period not exceeding 3 months; (c) if the person has on at least 2 previous occasions been served with a barring order barring the person from entering or remaining on the licensed premises, for a period not exceeding 6 months. (2) Subject to subsection (1), a barring order has effect from the date and time the order is served and remains in force until the date and time of expiry as set out in the order, unless earlier revoked. (3) For the purposes of determining whether a person has previously been barred, regard may only be had to barring orders that have been issued within the previous 3 years. 106H Requirement to give name and address (1) A member of the police force who intends to serve a barring order on a person may request the person to state the person's name and address. (2) A member of the police force who makes a request under subsection (1) must inform the person of the member's intention to serve a barring order on the person. (3) A person must not, in response to a request made by a member of the police force in accordance with this section— (a) refuse or fail to comply with the request without a reasonable excuse for not doing so; or s. 4 -- 7 of 18 -- Part 2—Amendments to the Liquor Control Reform Act 1998 Justice Legislation Amendment Act 2011 No. 12 of 2011 6 Authorised by the Chief Parliamentary Counsel (b) state a name or address that is false in a material particular. Penalty: 5 penalty units. (4) A person who is requested to state his or her name or address may request the member who made the request to state, orally or in writing, the member's name, rank and place of duty. (5) A member of the police force must not, in response to a request under subsection (4)— (a) refuse or fail to comply with the request, including refusing or failing to answer the request in writing if specifically requested to do so; or (b) state a name or rank that is false in a material particular; or (c) state as his or her place of duty an address other than the name of the police station which is the member's ordinary place of duty. Penalty: 5 penalty units. (6) If a person states a name or address in response to a request made under subsection (1) and the member who made the request suspects on reasonable grounds that the stated name or address may be false, the member may request the person to produce evidence of the correctness of the name or address. (7) A person must comply with a request under subsection (6), unless he or she has a reasonable excuse for not doing so. Penalty: 5 penalty units. s. 4 -- 8 of 18 -- Part 2—Amendments to the Liquor Control Reform Act 1998 Justice Legislation Amendment Act 2011 No. 12 of 2011 7 Authorised by the Chief Parliamentary Counsel (8) It is not an offence for a person to fail to comply with a request made under subsection (1) or (6) if the member who made the request did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request. 106I Variation and revocation of barring order (1) A licensee, permittee, responsible person or member of the police force who issues a barring order may, by subsequent order served on a person, revoke or vary that order. (2) The Director may, either upon request or on the Director's own motion, vary or revoke a barring order. (3) For the purposes of subsection (2), a request may only be made by— (a) a licensee, permittee, or responsible person in respect of the licensed premises to which the order relates; or (b) a member of the police force; or (c) the person the subject of the order. (4) If the Director varies or revokes a barring order under subsection (2), the Director must— (a) serve notice of the variation or revocation on the person the subject of the barring order; and (b) give a copy of the variation or revocation to the person who issued the order; and (c) if the person who issued the order is not the licensee or permittee, give a copy of the variation or revocation to the licensee or permittee. s. 4 -- 9 of 18 -- Part 2—Amendments to the Liquor Control Reform Act 1998 Justice Legislation Amendment Act 2011 No. 12 of 2011 8 Authorised by the Chief Parliamentary Counsel (5) If the Director varies an order under subsection (2), the variation is final and not subject to further variation or revocation by a licensee, permittee, responsible person or member of the police force. (6) A notice of variation of a barring order must be in the prescribed form. (7) A notice of revocation of a barring order must be in writing and must contain the prescribed particulars. 106J Offences (1) A person must not without reasonable excuse enter or remain on licensed premises if there is a barring order in force in respect of the person for the licensed premises. Penalty: 20 penalty units. (2) A person must not without reasonable excuse re-enter or remain in the vicinity of licensed premises if there is a barring order in force in respect of the person for the licensed premises. Penalty: 20 penalty units. 106K Licensee or permittee must keep records of barring orders (1) A licensee or permittee must keep a record of any barring order issued under this Part, including a copy of any variation or revocation of a barring order, in respect of the licensee's or permittee's licensed premises. Penalty: 5 penalty units. s. 4 -- 10 of 18 -- Part 2—Amendments to the Liquor Control Reform Act 1998 Justice Legislation Amendment Act 2011 No. 12 of 2011 9 Authorised by the Chief Parliamentary Counsel (2) A licensee or permittee must produce the records required to be kept under subsection (1) for inspection on being asked to do so by a member of the police force or a compliance inspector. Penalty: 5 penalty units. (3) A member of the police force or compliance inspector must not, except to the extent necessary to carry out the member's or inspector's functions under this Part, give to any other person, any information acquired under subsection (2). Penalty: 5 penalty units. (4) A licensee or permittee must not disclose any records required to be kept under subsection (1), or information contained in those records, to any other person except in accordance with subsection (2). Penalty: 5 penalty units. (5) The records required to be kept under subsection (1) in relation to a barring order must be destroyed 3 years after the expiry or revocation of the barring order. Penalty: 5 penalty units. __________________". 5 Licensee must complete refresher approved responsible service of alcohol programs In section 108AA(3) of the Liquor Control Reform Act 1998, for "person responsible for the management or control of the licensed premises" substitute "responsible person". s. 5 -- 11 of 18 -- Part 2—Amendments to the Liquor Control Reform Act 1998 Justice Legislation Amendment Act 2011 No. 12 of 2011 10 Authorised by the Chief Parliamentary Counsel 6 Licensee must keep approved responsible service of alcohol register (1) In section 108AD(3)(a) of the Liquor Control Reform Act 1998, for "person responsible for the management or control of the licensed premises" substitute "responsible person". (2) In section 108AD(3)(b) of the Liquor Control Reform Act 1998, for "person responsible for the management or control of the licensed premises" substitute "responsible person". 7 Offences by persons other than licensee or permittee (1) For the penalty at the foot of section 114(2) of the Liquor Control Reform Act 1998 substitute— "Penalty: 50 penalty units.". (2) After section 114(2) of the Liquor Control Reform Act 1998 insert— "(3) A person who has been refused entry from licensed premises or who has left licensed premises following a request by any of the persons referred to in subsection (2)(a), (b) or (c) must not without reasonable excuse remain in the vicinity of the licensed premises. Penalty: 20 penalty units. (4) A person who has been refused entry from licensed premises or who has left licensed premises following a request by any of the persons referred to in subsection (2)(a), (b) or (c) must not without reasonable excuse enter the licensed premises for a period of 24 hours commencing from the time of being refused entry or leaving the licensed premises. Penalty: 20 penalty units. s. 6 -- 12 of 18 -- Part 2—Amendments to the Liquor Control Reform Act 1998 Justice Legislation Amendment Act 2011 No. 12 of 2011 11 Authorised by the Chief Parliamentary Counsel (5) For the purposes of this section, a reference to licensed premises includes any area adjacent to the licensed premises that is owned or occupied by the licensee or permittee.". 8 Power to serve an infringement notice (1) In section 141(1AA) of the Liquor Control Reform Act 1998, for "subsection (2)(fc), (m) or (n)" substitute "subsection (2)(dd), (de), (df), (dg), (dh), (fc), (gb), (gc), (m) or (n)". (2) After section 141(2)(dc) of the Liquor Control Reform Act 1998 insert— "(dd) section 106H(3)(a) (refusal to give name or address); (de) section 106H(3)(b) (giving a false name or address); (df) section 106H(7) (refusal to provide evidence of name or address); (dg) section 106J(1) (entering or remaining on licensed premises from which a person is barred); (dh) section 106J(2) (re-entering or remaining in the vicinity of licensed premises from which a person is barred); (di) section 106K(1) (failure to keep records of barring orders); (dj) section 106K(2) (failure to produce records of barring orders upon request); (dk) section 106K(4) (unauthorised disclosure of records); (dl) section 106K(5) (failure to destroy records of barring orders);". s. 8 -- 13 of 18 -- Part 2—Amendments to the Liquor Control Reform Act 1998 Justice Legislation Amendment Act 2011 No. 12 of 2011 12 Authorised by the Chief Parliamentary Counsel (3) In section 141(2)(eab) of the Liquor Control Reform Act 1998, for "person responsible for the management or control of the licensed premises" substitute "responsible person". (4) After section 141(2)(ga) of the Liquor Control Reform Act 1998 insert— "(gb) section 114(3) (remaining in the vicinity of licensed premises after being refused entry or requested to leave); (gc) section 114(4) (entering licensed premises within 24 hours of being refused entry or being requested to leave);". __________________ -- 14 of 18 -- Part 3—Amendments to the Summary Offences Act 1966 Justice Legislation Amendment Act 2011 No. 12 of 2011 13 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS TO THE SUMMARY OFFENCES ACT 1966 9 Persons found drunk and disorderly For the penalty at the foot of section 14 of the Summary Offences Act 1966 substitute— "Penalty: For a first offence—20 penalty units or imprisonment for three days; For a second or subsequent offence— 20 penalty units or imprisonment for one month.". 10 Infringement penalty (1) In section 60AB(4) of the Summary Offences Act 1966 omit ", 14". (2) After section 60AB(4) of the Summary Offences Act 1966 insert— "(5) Despite subsection (1) the infringement penalty for an alleged offence against section 14 for which an infringement notice may be served is— (a) 5 penalty units; or (b) in the case of— (i) a person who has within the previous 3 years been served with an infringement notice under section 60AA in respect of an alleged offence against section 14 See: Act No. 7405. Reprint No. 10 as at 1 January 2009 and amending Act Nos 9/2008, 46/2008, 1/2009, 7/2009, 68/2009, 92/2009, 13/2010, 18/2010, 29/2010 and 63/2010. LawToday: www. legislation. vic.gov.au s. 9 -- 15 of 18 -- Part 3—Amendments to the Summary Offences Act 1966 Justice Legislation Amendment Act 2011 No. 12 of 2011 14 Authorised by the Chief Parliamentary Counsel (whether or not the infringement penalty set out in the notice has been paid)—10 penalty units; or (ii) a person who has been convicted of an offence against section 14— 10 penalty units.". 11 New section 60AC inserted After section 60AB of the Summary Offences Act 1966 insert— "60AC Partial exclusion of the operation of the expiation principle To the extent necessary to give effect to section 60AB(5)(b), sections 32 and 33 of the Infringements Act 2006 do not apply.". __________________ s. 11 -- 16 of 18 -- Part 4—General Justice Legislation Amendment Act 2011 No. 12 of 2011 15 Authorised by the Chief Parliamentary Counsel PART 4—GENERAL 12 Statute law revision Section 141(2)(ea) of the Liquor Control Reform Act 1998 is repealed. 13 Repeal of Amending Act This Act is repealed on 1 December 2012. 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. 12 -- 17 of 18 -- Justice Legislation Amendment Act 2011 No. 12 of 2011 16 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 3 March 2011 Legislative Council: 24 March 2011 The long title for the Bill for this Act was "A Bill for an Act to amend the Liquor Control Reform Act 1998 to provide for persons to be barred from licensed premises and their vicinity in certain circumstances, to amend the Summary Offences Act 1966 to increase the penalties for being drunk and disorderly, to make other amendments to those Acts and for other purposes." Endnotes -- 18 of 18 --