Liquor Control Reform Amendment (ANZAC Day) Act 2010

i Liquor Control Reform Amendment (ANZAC Day) Act 2010 No. 8 of 2010 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 Principal Act 2 4 General licence 2 5 On-premises licence 2 6 Restaurant and cafe licence 2 7 Club licence 2 8 Packaged liquor licence 3 9 Late night licence 3 10 Limited licence 3 11 Major event licence 3 12 BYO permit 3 13 New sections 15A to 15D inserted 4 15A ANZAC Day restrictions 4 15B Exemptions from ANZAC Day restrictions—Duty free shops and aircraft 5 15C Exemptions from ANZAC Day restrictions—Residents and guests 6 15D Exemptions from ANZAC Day restrictions—Wineries 7 14 Repeal of Act 8 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 Liquor Control Reform Amendment (ANZAC Day) Act 2010 † No. 8 of 2010 [Assented to 16 March 2010] The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Liquor Control Reform Act 1998 in relation to the supply of liquor on ANZAC Day. 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 July 2010, it comes into operation on that day. Victoria -- 2 of 10 -- Liquor Control Reform Amendment (ANZAC Day) Act 2010 No. 8 of 2010 2 3 Principal Act In this Act the Liquor Control Reform Act 1998 is called the Principal Act. 4 General licence In section 8(1)(a)(iii) of the Principal Act, before "between" insert "subject to section 15A,". 5 On-premises licence (1) In section 9(1)(a)(iii) of the Principal Act, before "between" insert "subject to section 15A,". (2) In section 9(1)(b)(iii) of the Principal Act, before "between" insert "subject to section 15A,". 6 Restaurant and cafe licence (1) In section 9A(1)(a)(ii) of the Principal Act, before "at any other times" insert "subject to section 15A,". (2) In section 9A(1)(b) of the Principal Act, before "to supply" insert "subject to section 15A,". 7 Club licence (1) In section 10(2)(b) of the Principal Act, before "at any other times" insert "subject to section 15A,". s. 3 See: Act No. 94/1998. Reprint No. 4 as at 22 May 2008 and amending Act Nos 72/2007, 4/2008, 9/2008, 12/2008, 21/2008, 2/2009, 8/2009, 59/2009, 68/2009 and 88/2009. LawToday: www. legislation. vic.gov.au -- 3 of 10 -- Liquor Control Reform Amendment (ANZAC Day) Act 2010 No. 8 of 2010 3 (2) In section 10(3) of the Principal Act, for "A restricted" substitute "Subject to section 15A, a restricted". 8 Packaged liquor licence In section 11(1)(c) of the Principal Act, before "between" insert "subject to section 15A,". 9 Late night licence (1) In section 11A(2)(a)(ii) of the Principal Act, before "at any other times" insert "subject to section 15A,". (2) In section 11A(3)(a)(ii) of the Principal Act, before "at any other times" insert "subject to section 15A,". (3) In section 11A(3)(b) of the Principal Act, before "to supply" insert "subject to section 15A,". (4) In section 11A(4)(b) of the Principal Act, before "at any other times" insert "subject to section 15A,". 10 Limited licence (1) In section 14(1A)(a) of the Principal Act, after "Director" insert "subject to section 15A". (2) In section 14(1B)(a) of the Principal Act, before "authorises" insert "subject to section 15A,". 11 Major event licence In section 14A(1) of the Principal Act, after "Director" insert "subject to section 15A". 12 BYO permit In section 15(1) of the Principal Act, for "A BYO" substitute "Subject to section 15A, a BYO". s. 8 -- 4 of 10 -- Liquor Control Reform Amendment (ANZAC Day) Act 2010 No. 8 of 2010 4 13 New sections 15A to 15D inserted After section 15 of the Principal Act insert— "15A ANZAC Day restrictions (1) Subject to sections 15B(1), 15C(1) and 15D(1), the following licences do not authorise the supply of liquor at any time between 3 a.m. and 12 noon on ANZAC Day despite anything to the contrary in section 9A, 10, 11A or 14(1B) or the licence— (a) a restaurant and cafe licence; (b) a club licence; (c) a late night licence; (d) a renewable limited licence. (2) A BYO permit does not authorise the supply of liquor at any time between 3 a.m. and 12 noon on ANZAC Day despite anything to the contrary in section 15 or the permit. (3) Subject to sections 15B(2), 15C(2) and 15D(2) the following licences do not authorise the supply of liquor at any time between 5 a.m. and 12 noon on ANZAC Day despite anything to the contrary in section 8, 9 or 11 or the licence— (a) a general licence; (b) an on-premises licence; (c) a packaged liquor licence. (4) The Director must not make a determination under section 14(1A)(a) or 14A(1) authorising the supply of liquor at any time between 3 a.m. and 12 noon on ANZAC Day unless the Director is satisfied that the supply of liquor— s. 13 -- 5 of 10 -- Liquor Control Reform Amendment (ANZAC Day) Act 2010 No. 8 of 2010 5 (a) will occur in connection with ANZAC Day commemorative activities; and (b) will be consistent with the solemn observance of that day. (5) This section applies to a licence (other than a temporary limited licence or major event licence) or BYO permit whether granted before or after the commencement of section 13 of the Liquor Control Reform Amendment (ANZAC Day) Act 2010. (6) This section applies to a temporary limited licence or major event licence granted after the commencement of section 13 of the Liquor Control Reform Amendment (ANZAC Day) Act 2010. (7) This section does not apply to a licence held by the Returned and Services League or a sub-branch of the Returned and Services League. 15B Exemptions from ANZAC Day restrictions—Duty free shops and aircraft (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— (a) that licence is held in relation to— (i) an outwards duty free shop within the meaning of section 96A of the Customs Act 1901 of the Commonwealth; or (ii) an inwards duty free shop within the meaning of section 96B of the Customs Act 1901 of the Commonwealth; or s. 13 -- 6 of 10 -- Liquor Control Reform Amendment (ANZAC Day) Act 2010 No. 8 of 2010 6 (b) that liquor is supplied for purchase or consumption on an aircraft. (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 licence if— (a) that licence is held in relation to— (i) an outwards duty free shop within the meaning of section 96A of the Customs Act 1901 of the Commonwealth; or (ii) an inwards duty free shop within the meaning of section 96B of the Customs Act 1901 of the Commonwealth; or (b) that liquor is supplied for purchase or consumption on an aircraft. 15C Exemptions from ANZAC Day restrictions—Residents and guests (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 late night (general) licence, a late night (on-premises) licence or a renewable limited licence if that supply— (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 s. 13 -- 7 of 10 -- Liquor Control Reform Amendment (ANZAC Day) Act 2010 No. 8 of 2010 7 (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 on-premises 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. 15D Exemptions from ANZAC Day restrictions—Wineries (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— (a) takes place on a winery owned or occupied by the licensee; or s. 13 -- 8 of 10 -- Liquor Control Reform Amendment (ANZAC Day) Act 2010 No. 8 of 2010 8 (b) is connected with the business activities of a winery owned or occupied by the licensee. (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 licence if that supply— (a) takes place on a winery owned or occupied by the licensee; or (b) is connected with the business activities of a winery owned or occupied by the licensee. (3) In this section— winery means a vineyard or orchard containing fruit-bearing vines or fruit trees from which liquor is produced.". 14 Repeal of Act This Act is repealed on 1 July 2011. 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. 14 -- 9 of 10 -- Liquor Control Reform Amendment (ANZAC Day) Act 2010 No. 8 of 2010 9 ENDNOTES † Minister's second reading speech— Legislative Assembly: 4 February 2010 Legislative Council: 25 February 2010 The long title for the Bill for this Act was "A Bill for an Act to amend the Liquor Control Reform Act 1998 in relation to the supply of liquor on ANZAC Day and for other purposes." Endnotes -- 10 of 10 --