Liquor Control Reform Amendment Act 2010
i
Liquor Control Reform Amendment Act 2010
No. 57 of 2010
TABLE OF PROVISIONS
Section Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Definitions 2
5 Objects 4
6 New sections 6A to 6D inserted 4
6A Exemption from Act—bed and breakfast businesses 4
6B Exemption from Act—florist or giftmaker 6
6C Exemption from Act—hairdressers 7
6D Exemption from Act—butchers 8
7 On-premises licence 9
8 Club licence 9
9 Packaged liquor licence 9
10 New section 15E inserted 10
15E Sexually explicit entertainment licence condition—
fees 10
11 New sections 26B and 26C inserted 11
26B Restriction on the grant of certain licences—approved
responsible service of alcohol programs 11
26C Approval of responsible service of alcohol programs 12
12 Public display of licence application 13
13 Licence to be renewed within 3 months 13
14 Application for review of other decisions 13
15 New sections 99A to 99D inserted 14
99A Free drinking water to be provided at licensed
premises 14
99B Exemption from requirement to provide free drinking
water—without application 14
99C Exemption from requirement to provide free drinking
water—on application 15
99D Matters Director must consider when exempting
licensees from free drinking water requirements 15
16 Copy of licence or permit to be displayed on premises 16
17 New section 106B inserted 16
106B Requirement to notify Director that sexually explicit
entertainment provided on licensed premises 16
18 Section 108A repealed 16
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Section Page
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19 Sections 108AA to 108AH inserted 16
108AA Licensee must complete refresher approved
responsible service of alcohol programs 16
108AB Licensee must ensure staff complete approved
responsible service of alcohol programs 17
108AC Licensee must ensure staff complete refresher
approved responsible service of alcohol programs 18
108AD Licensee must keep approved responsible service
of alcohol register 18
108AE Licensee must produce approved responsible service
of alcohol program register for inspection 19
108AF Exemption from approved responsible service of
alcohol program requirements—without application 20
108AG Exemption from approved responsible service of
alcohol program requirements—on application 20
108AH Matters Director must consider when exempting
licensees from responsible service of alcohol
program requirements 21
20 Sufficient evidence of certain matters 21
21 Power to serve an infringement notice 21
22 Issue of banning notice 22
23 Content of banning notice 22
24 Requirement to give name and address 22
25 Variation and revocation of banning notice 22
26 Section 148N repealed 22
27 Disclosure of information for enforcement purposes 23
28 Regulations 23
29 Transitional provisions 23
25 Transitional provisions—Liquor Control Reform
Amendment Act 2010 23
30 Change of name of the Prostitution Control Act 1994 27
31 Repeal of Act 27
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ENDNOTES 28
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1
Liquor Control Reform Amendment
Act 2010 †
No. 57 of 2010
[Assented to 14 September 2010]
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Liquor Control Reform Act 1998—
(a) in relation to the completion of approved
responsible service of alcohol programs; and
(b) to require licensees to make free drinking
water available to patrons on licensed
premises when liquor is consumed; and
Victoria
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(c) to make provision in relation to licensed
premises that provide sexually explicit
entertainment; and
(d) to provide for the exemption of certain
businesses or classes of businesses from the
requirements of that Act.
2 Commencement
(1) Subject to subsection (2), 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 September 2011, it comes into
operation on that day.
3 Principal Act
In this Act the Liquor Control Reform Act 1998
is called the Principal Act.
4 Definitions
(1) In section 3(1) of the Principal Act insert the
following definitions—
"bed and breakfast business means a business
that—
(a) provides temporary accommodation,
other than dormitory style
accommodation, for persons in the
course of that business; and
s. 2
See:
Act No.
94/1998.
Reprint No. 5
as at
1 April 2010
and
amending
Act Nos
9/2008,
88/2009,
13/2010 and
18/2010.
LawToday:
www.
legislation.
vic.gov.au
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(b) is operated by the permanent residents
of the accommodation premises;
butcher business means a business whose
primary function is to sell raw meat or
fish on a retail basis for human
consumption, but does not include a
business where meat is sold to be
consumed on the premises;
florist or giftmaker business means a
business whose primary function is to
sell flowers, food or other products that
are packaged as, or intended to be,
gifts;
hairdresser business means a business
whose primary function is to provide
hairdressing or barber services;".
(2) In section 3(1) of the Principal Act insert the
following definitions—
"approved responsible service of alcohol
program means—
(a) an initial training program approved by
the Director 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 Director under section 26C;
approved responsible service of alcohol program
register means a register kept by a licensee
in accordance with section 108AD;".
(3) In section 3(1) of the Principal Act—
(a) the definition of authorised member of the
police force is repealed.
s. 4
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(b) the definition of relevant police member is
repealed.
(4) In section 3(1) of the Principal Act insert the
following definition—
"sexually explicit entertainment means live
entertainment that may be performed for an
audience, by a person performing an act of
an explicit sexual nature, but does not
include the provision of sexual services
within the meaning of section 3(1) of the
Prostitution Control Act 1994;".
5 Objects
(1) In section 4(1)(c) of the Principal Act, for
"industries." substitute "industries; and".
(2) After section 4(1)(c) of the Principal Act insert—
"(d) to regulate licensed premises that provide
sexually explicit entertainment.".
6 New sections 6A to 6D inserted
After section 6 of the Principal Act insert—
"6A Exemption from Act—bed and breakfast
businesses
(1) A person who carries on a bed and breakfast
business is exempt from any requirement of
this Act to hold a licence in relation to the
supply of liquor to a person staying at the
bed and breakfast business if the following
conditions are complied with—
(a) the business does not provide
accommodation for more than 8 adults
at any one time; and
(b) the liquor is not supplied to a minor;
and
s. 5
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(c) the proprietor of the business or the
business purchased the liquor on a retail
basis; and
(d) each proprietor of the business has
completed an approved responsible
service of alcohol program in the
3 years prior to the date on which the
business notifies the Director that it
claims an exemption under
subsection (2).
(2) An exemption under subsection (1) does not
take effect unless—
(a) the proprietor of the business first
notifies the Director in the form and
manner approved by the Director that—
(i) the business claims an exemption
under this section; and
(ii) the business will comply with the
conditions set out in
subsection (1); and
(b) the Director acknowledges receipt of
that notification by notice in writing.
(3) The Director must acknowledge receipt
within 14 days of receiving a notification
under subsection (2).
Notes
1 It is an offence under section 107 for a person
who is not a licensee to sell or offer liquor for
sale.
2 It is an offence under section 118 to make a
statement that is false or misleading in relation to
a notice under this Act.
s. 6
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6B Exemption from Act—florist or giftmaker
(1) A person who carries on a florist or
giftmaker business is exempt from any
requirement of this Act to hold a licence in
relation to the supply of liquor by that
business if the following conditions are
met—
(a) the business only supplies liquor that is
packaged together with flowers, food or
other gifts; and
(b) the liquor is not supplied to a minor;
and
(c) the business does not accept orders to
supply liquor from a minor; and
(d) the proprietor of the business or the
business purchased the liquor on a retail
basis; and
(e) not more than 1·5 litres of liquor is
supplied to each recipient in any one
day; and
(f) the value of the liquor and its container
is not more than 50 per cent of the total
sale price of the supplied items.
(2) An exemption under subsection (1) does not
take effect unless—
(a) the proprietor of the business first
notifies the Director in the form and
manner approved by the Director that—
(i) the business claims an exemption
under this section; and
(ii) the business will comply with the
conditions set out in
subsection (1); and
s. 6B
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(b) the Director acknowledges receipt of
that notification by notice in writing.
(3) The Director must acknowledge receipt
within 14 days of receiving a notification
under subsection (2).
Notes
1 It is an offence under section 107 for a person
who is not a licensee to sell or offer liquor for
sale.
2 It is an offence under section 118 to make a
statement that is false or misleading in relation to
a notice under this Act.
6C Exemption from Act—hairdressers
(1) A person who carries on a hairdresser
business is exempt from any requirement of
this Act to hold a licence in relation to the
supply of liquor to a customer by that
business if the following conditions are
met—
(a) the liquor is not supplied to a minor;
and
(b) the liquor is consumed on the business
premises; and
(c) the liquor is supplied without charge
and the supply is ancillary to the
provision of hairdressing or barber
services.
(2) An exemption under subsection (1) does not
take effect unless—
(a) the proprietor of the business first
notifies the Director in the form and
manner approved by the Director that—
(i) the business claims an exemption
under this section; and
s. 6C
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(ii) the business will comply with the
conditions set out in
subsection (1); and
(b) the Director acknowledges receipt of
that notification by notice in writing.
(3) The Director must acknowledge receipt
within 14 days of receiving a notification
under subsection (2).
Notes
1 It is an offence under section 107 for a person who is
not a licensee to sell or offer liquor for sale.
2 It is an offence under section 118 to make a statement
that is false or misleading in relation to a notice under
this Act.
6D Exemption from Act—butchers
(1) A person who carries on a butcher business
is exempt from any requirement of this Act
to hold a licence in relation to the supply of
liquor by that business if the following
conditions are met—
(a) the liquor is not supplied to a minor;
and
(b) the liquor supplied is in sealed
containers, bottles or cans for
consumption off the business premises;
and
(c) the liquor supplied is a type of liquor
prescribed by the regulations; and
(d) not more than 1·5 litres of liquor is
supplied to each recipient in any one
day.
s. 6D
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(2) An exemption under subsection (1) does not
take effect unless—
(a) the proprietor of the business first
notifies the Director in the form and
manner approved by the Director that—
(i) the business claims an exemption
under this section; and
(ii) the business will comply with the
conditions set out in subsection
(1); and
(b) the Director acknowledges receipt of
that notification by notice in writing.
(3) The Director must acknowledge receipt
within 14 days of receiving a notification
under subsection (2).
Notes
1 It is an offence under section 107 for a person who is
not a licensee to sell or offer liquor for sale.
2 It is an offence under section 118 to make a statement
that is false or misleading in relation to a notice under
this Act.".
7 On-premises licence
In section 9(1)(b) of the Principal Act, for "or"
(wherever occurring) substitute "and".
8 Club licence
In section 10(4)(c) of the Principal Act for
"an authorised member" substitute "a member".
9 Packaged liquor licence
(1) Section 11(3)(aab) and (aac) of the Principal Act
are repealed.
(2) Section 11(4) of the Principal Act is repealed.
s. 7
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10 New section 15E inserted
After section 15D of the Principal Act insert—
"15E Sexually explicit entertainment licence
condition—fees
(1) This section applies to a licence that is
subject to a condition relating to the
provision of sexually explicit entertainment.
(2) The renewal fee for a licence to which this
section applies is—
(a) if no non-compliance incidents relate to
the licence in the relevant period,
2566·30 fee units; or
(b) if there are one or 2 non-compliance
incidents that relate to the licence in the
relevant period, 3849·44 fee units; or
(c) if there are 3 or more non-compliance
incidents that relate to the licence in the
relevant period, 5132·59 fee units.
(3) In this section—
non-compliance incident means—
(a) an infringement notice within the
meaning of the Infringements
Act 2006 served on a licensee of
the licensed premises for an
offence under section 108(4), 119
or 120 in respect of which the
penalty for the offence has been
paid; or
(b) a successful prosecution;
s. 10
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relevant period means—
(a) for renewal fees payable for 2011,
1 January 2010 to
30 September 2010; or
(b) for renewal fees payable for 2012,
1 October 2010 to
30 September 2011; or
(c) for renewal fees payable for 2013
and subsequent years, 1 October
in the year two years preceding
the year in respect of which the
renewal fee is payable to
30 September in the year
preceding the year in respect of
which the renewal fee is payable;
successful prosecution means a prosecution
which results in a licensee or permittee
being convicted or found guilty of an
offence under sections 108(4), 119
or 120.".
11 New sections 26B and 26C inserted
After section 26A of the Principal Act insert—
"26B Restriction on the grant of certain
licences—approved 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.
(2) The Director 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
s. 11
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of alcohol program in the 3 years prior to the
date on which the application was made.
(3) The Director 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
Director thinks it is appropriate to do so.
(4) In making a decision under subsection (3),
the Director 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).
(5) The Director may grant an exemption under
subsection (3) for the period and on any
conditions the Director determines.
(6) The Director may revoke an exemption
granted under subsection (3) by notice in
writing.
26C Approval of responsible service of alcohol
programs
The Director 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.".
s. 11
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12 Public display of licence application
For section 34(1) of the Principal Act
substitute—
"(1) An applicant for the grant, variation or
relocation of a licence (other than a limited
licence, a major event licence or a prescribed
variation of a licence) must ensure that a
notice of the application is displayed on the
premises or site to which the application
relates or the premises to which the licence is
sought to be relocated for the period
determined under section (1A).
(1A) The notice must be continuously displayed
for a period of 28 days (or a shorter period
determined by the Director) from the date
determined by the Director.".
13 Licence to be renewed within 3 months
(1) Insert the following heading to section 59 of the
Principal Act—
"Licence to be renewed within 3 months".
(2) In section 59(1) of the Principal Act, for "21 days"
substitute "3 months".
(3) Insert the following heading to section 60 of the
Principal Act—
"Licence renewal after 3 months".
14 Application for review of other decisions
In section 88(1) of the Principal Act, for "or 104"
substitute ", 99C, 104 or 108AG".
s. 12
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15 New sections 99A to 99D inserted
After section 99 of the Principal Act insert—
"99A Free drinking water to be provided at
licensed premises
(1) The licensee under a licence that authorises
the licensee to supply liquor for consumption
on the licensed premises or authorised
premises (if any) must have available for
patrons on the licensed premises or
authorised premises, or must provide on the
request of a patron, free drinking water at
any time at which liquor is available for
supply.
Penalty: 30 penalty units.
(2) Subsection (1) does not apply to a licensee, a
class of licensees or a class of activities that
the Director has exempted under section 99B
or 99C.
(3) In this section—
drinking water means water that is intended
for human consumption.
99B Exemption from requirement to provide
free drinking water—without application
(1) The Director may, by notice in writing,
exempt a licensee or a class of licensees or
class of activities from the requirement to
provide free drinking water to patrons under
section 99A, if the Director thinks it is
appropriate to do so.
(2) The Director may grant an exemption under
subsection (1) for the period and on any
conditions the Director determines.
s. 15
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(3) The Director may revoke an exemption
granted under subsection (1) by notice in
writing.
99C Exemption from requirement to provide
free drinking water—on application
(1) A licensee may apply to the Director to be
exempted from the requirement to provide
free drinking water to patrons under
section 99A.
(2) The Director may approve an application if
the Director thinks it is appropriate to do so.
(3) The Director must give the licensee notice in
writing of the approval or refusal of an
application.
(4) The Director may grant an exemption under
subsection (2) for the period and on any
conditions the Director determines.
(5) The Director may revoke an exemption
granted under subsection (2) by notice in
writing.
99D Matters Director 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 Director 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. 15
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16 Copy of licence or permit to be displayed on
premises
In section 101 of the Principal Act, after "BYO
permit" insert "most recently issued to and
received by the licensee or permittee".
17 New section 106B inserted
After section 106A of the Principal Act insert—
"106B Requirement to notify Director that
sexually explicit entertainment provided
on licensed premises
A licensee must notify the Director in
writing within 21 days after commencing to
provide sexually explicit entertainment on
the licensed premises.
Penalty: 10 penalty units.".
18 Section 108A repealed
Section 108A of the Principal Act is repealed.
19 Sections 108AA to 108AH inserted
Before section 108B of the Principal Act insert—
"108AA Licensee must complete refresher
approved responsible service of alcohol
programs
(1) This section applies to a general licence,
on-premises licence, packaged liquor licence
or late night licence.
(2) The licensee (except in the case of a body
corporate) must complete an approved
responsible service of alcohol program
within 3 years from the date on which the
licensee last completed an approved
responsible service of alcohol program.
Penalty: 60 penalty units.
s. 16
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(3) If the licensee is a body corporate, the
licensee must ensure that the person
responsible for the management or control of
the licensed premises completes an approved
responsible service of alcohol program
within 3 years from the date on which the
person last completed an approved
responsible service of alcohol program.
Penalty: 60 penalty units.
108AB Licensee must ensure staff complete
approved responsible service of alcohol
programs
(1) This section applies to a general licence,
on-premises licence, packaged liquor licence
or late night licence.
(2) The licensee must ensure that any person
who sells, offers for sale or serves liquor on
the licensed premises of the licensee—
(a) has completed an approved responsible
service of alcohol program within the
period of 3 years prior to the date on
which that person first sells, offers for
sale or serves liquor on the licensed
premises; or
(b) completes an approved responsible
service of alcohol program within one
month after the date on which that
person first sells, offers for sale or
serves liquor on the licensed premises.
Penalty: 60 penalty units.
s. 19
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108AC Licensee must ensure staff complete
refresher approved responsible service of
alcohol programs
(1) This section applies to a general licence,
on-premises licence, packaged liquor licence
or late night licence.
(2) The licensee must ensure that any person
who sells, offers for sale or serves liquor on
the licensed premises of the licensee
completes an approved responsible service of
alcohol program within 3 years from the date
on which that person last completed an
approved responsible service of alcohol
program.
Penalty: 60 penalty units.
108AD Licensee must keep approved responsible
service of alcohol register
(1) This section applies to a general licence,
on-premises licence, packaged liquor
licence, late night licence or any other
licence which is subject to a condition in
relation to responsible service of alcohol.
(2) The licensee must establish and maintain an
approved responsible service of alcohol
program register in accordance with
subsection (3).
Penalty: 5 penalty units.
(3) An approved responsible service of alcohol
program register must—
(a) record the name of the licensee, and if
the licensee is a body corporate, the
name of the person responsible for the
management or control of the licensed
premises; and
s. 19
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(b) include a copy of the most recent
certificate or report evidencing
completion of an approved responsible
service of alcohol program issued to the
licensee or person responsible for the
management or control of the licensed
premises; and
(c) record the name of each person who
sells, offers for sale or serves liquor on
the licensed premises and the date on
which each person first sold, offered for
sale or served liquor on the licensed
premises; and
(d) include a copy of the most recent
certificate or report evidencing
completion of an approved responsible
service of alcohol program issued to
each person who sells, offers for sale or
serves liquor on the licensed premises.
108AE Licensee must produce approved
responsible service of alcohol program
register for inspection
(1) This section applies to a general licence,
on-premises licence, packaged liquor
licence, late night licence or any other
licence which is subject to a condition in
relation to responsible service of alcohol.
(2) The licensee must produce the approved
responsible service of alcohol program
register kept by the licensee for inspection on
being asked to do so by a member of the
police force or a compliance inspector.
Penalty: 5 penalty units.
s. 19
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108AF Exemption from approved responsible
service of alcohol program
requirements—without application
(1) The Director may, by notice in writing,
exempt a licensee or a class of licensees
from any of the requirements of
sections 108AA to 108AE, if the Director
thinks it is appropriate to do so.
(2) The Director may grant an exemption under
subsection (1) for the period and on any
conditions the Director determines.
(3) The Director may revoke an exemption
granted under subsection (1) by notice in
writing.
108AG Exemption from approved responsible
service of alcohol program
requirements—on application
(1) A licensee may apply to the Director to be
exempted from any of the requirements of
sections 108AA to 108AE.
(2) The Director may approve an application if
the Director thinks it is appropriate to do so.
(3) The Director must give the licensee notice in
writing of the approval or refusal of an
application.
(4) The Director may grant an exemption under
subsection (2) for the period and on any
conditions the Director determines.
(5) The Director may revoke an exemption
granted under subsection (2) by notice in
writing.
s. 19
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108AH Matters Director must consider when
exempting licensees from responsible
service of alcohol program requirements
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 Director 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
sections 108AA to 108AE.".
20 Sufficient evidence of certain matters
In section 136(2)(e) of the Principal Act, for
", a licensing inspector or an authorised member
of the police force" substitute "or a licensing
inspector".
21 Power to serve an infringement notice
(1) After section 141(2)(aa) of the Principal Act
insert—
"(aab) section 99A (free drinking water to be
provided);".
(2) After section 141(2)(db) of the Principal Act
insert—
"(dc) section 106B (failure to notify Director that
sexually explicit entertainment provided on
licensed premises);".
(3) After section 141(2)(ea) of the Principal Act
insert—
"(eab) section 108AA (licensee, or the person
responsible for the management or control of
the licensed premises, must complete
s. 20
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refresher approved responsible service of
alcohol programs);
(eac) section 108AB (licensee must ensure staff
complete approved responsible service of
alcohol programs);
(ead) section 108AC (licensee must ensure staff
complete refresher approved responsible
service of alcohol programs);
(eae) section 108AD (licensee must keep approved
responsible service of alcohol register);
(eaf) section 108AE (licensee must produce
approved responsible service of alcohol
program register for inspection);".
22 Issue of banning notice
In section 148B of the Principal Act, for "relevant
police member" (wherever occurring) substitute
"member of the police force".
23 Content of banning notice
In section 148C of the Principal Act, for "relevant
police member" (wherever occurring) substitute
"member of the police force".
24 Requirement to give name and address
In section 148D of the Principal Act, for "relevant
police member" (wherever occurring) substitute
"member of the police force".
25 Variation and revocation of banning notice
In section 148E(1) of the Principal Act, for
"relevant police member" substitute "member of
the police force".
26 Section 148N repealed
Section 148N of the Principal Act is repealed.
s. 22
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27 Disclosure of information for enforcement purposes
In section 148P of the Principal Act, for "relevant
police member" substitute "member of the police
force".
28 Regulations
After section 180(3)(ca) of the Principal Act
insert—
"(cb) may exempt a business or a class or classes
of business from the requirement to hold a
licence subject to specified conditions;
(cc) may prescribe a type or types of liquor for
the purposes of section 6D;".
29 Transitional provisions
After clause 24 of Schedule 3 to the Principal Act
insert—
"25 Transitional provisions—Liquor Control
Reform Amendment Act 2010
(1) A condition in relation to responsible service
of alcohol programs that was imposed on a
general licence, on-premises licence,
packaged liquor licence or late night licence
that was existing immediately before the
commencement of the section 19 of the
Liquor Control Reform Amendment Act
2010 ceases to have effect on that
commencement.
(2) A licensee (except a body corporate) of a
general licence, on-premises licence,
packaged liquor licence or late night licence
that was existing immediately before the
commencement of section 19 of the Liquor
Control Reform Amendment Act 2010
who has not completed a responsible service
of alcohol program in the 3 years before that
commencement, must complete an approved
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Liquor Control Reform Amendment Act 2010
No. 57 of 2010
24
responsible service of alcohol program
within 12 months of that commencement.
Penalty: 60 penalty units.
(3) If a licensee of a general licence,
on-premises licence, packaged liquor licence
or late night licence that was existing
immediately before the commencement of
section 19 of the Liquor Control Reform
Amendment Act 2010 is a body corporate
and the person responsible for the
management or control of the licensed
premises has not completed a responsible
service of alcohol program in the 3 years
before that commencement, the licensee
must ensure the person completes an
approved responsible service of alcohol
program within 12 months of that
commencement.
Penalty: 60 penalty units.
(4) A licensee (except a body corporate) of a
general licence, on-premises licence,
packaged liquor licence or late night licence
that was existing immediately before the
commencement of section 19 of the Liquor
Control Reform Amendment Act 2010
who has completed a responsible service of
alcohol program in the 3 years before that
commencement, must complete an approved
responsible service of alcohol program
within the later of the following periods—
(a) the period commencing on that
commencement and the period ending
3 years from the date on which the
licensee completed the responsible
service of alcohol program;
s. 29
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Liquor Control Reform Amendment Act 2010
No. 57 of 2010
25
(b) the period ending 12 months from that
commencement.
Penalty: 60 penalty units.
(5) If a licensee of a general licence,
on-premises licence, packaged liquor licence
or late night licence that was existing
immediately before the commencement of
section 19 of the Liquor Control Reform
Amendment Act 2010 is a body corporate
and the person responsible for the
management or control of the licensed
premises has completed a responsible service
of alcohol program in the 3 years before that
commencement, the licensee must ensure the
person completes an approved responsible
service of alcohol program within the later of
the following periods—
(a) the period commencing on that
commencement and ending 3 years
from the date on which the person
completed the responsible service of
alcohol program;
(b) the period ending 12 months from that
commencement.
Penalty: 60 penalty units.
(6) A licensee of a general licence, on-premises
licence, packaged liquor licence or late night
licence that was existing immediately before
the commencement of section 19 of the
Liquor Control Reform Amendment Act
2010 must ensure that any person who on
that commencement is engaged or employed
by the licensee to sell, offer for sale or serve
liquor on the licensed premises and has not
completed a responsible service of alcohol
program in the 3 years before that
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No. 57 of 2010
26
commencement completes an approved
responsible service of alcohol program
within 12 months of that commencement.
Penalty: 60 penalty units.
(7) A licensee of a general licence, on-premises
licence, packaged liquor licence or late night
licence that was existing immediately before
the commencement of section 19 of the
Liquor Control Reform Amendment Act
2010 must ensure that any person who on
that commencement is engaged or employed
by the licensee to sell, offer for sale or serve
liquor on the licensed premises and has
completed a responsible service of alcohol
program in the 3 years before that
commencement completes an approved
responsible service of alcohol program
within the later of the following periods—
(a) the period commencing on that
commencement and ending 3 years
from the date on which the person
completed the responsible service of
alcohol program;
(b) the period ending 12 months from that
commencement.
Penalty: 60 penalty units.
(8) Section 99A does not apply to a licensee in
respect of a licence that was existing
immediately before the commencement of
section 15 of the Liquor Control Reform
Amendment Act 2010 until one month after
that commencement.
(9) A licensee who provides sexually explicit
entertainment on licensed premises at the
commencement of section 17 of the Liquor
Control Reform Amendment Act 2010
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No. 57 of 2010
27
must notify the Director in writing of this
within 3 months after that commencement.
Penalty: 10 penalty units.".
30 Change of name of the Prostitution Control
Act 1994
In section 3(1) of the Principal Act, in the
definition of sexually explicit entertainment, for
"Prostitution Control Act 1994" substitute
"Sex Work Act 1994".
31 Repeal of Act
This Act is repealed on 1 September 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).
═══════════════
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28
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 28 July 2010
Legislative Council: 12 August 2010
The long title for the Bill for this Act was "A Bill for an Act to amend the
Liquor Control Reform Act 1998 and for other purposes."
Endnotes
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