Liquor Control Reform (Underage Drinking and Enhanced Enforcement) Act 2004
Victorian Legislation and Parliamentary Documents
i
Liquor Control Reform (Underage Drinking and
Enhanced Enforcement) Act 2004
Act No. 92/2004
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY MATTERS 1
1. Purpose 1
2. Commencement 2
PART 2—AMENDMENTS TO THE LIQUOR CONTROL
REFORM ACT 1998 3
Division 1—Underage Drinking 3
3. Definitions 3
4. Presence of minors on licensed premises 3
5. Extension of categories of premises not to be licensed 4
6. Clarification concerning presence of minors on licensed premises 4
7. Substitution of section 125 5
125. Offence to falsely procure proof of age card 5
8. Destruction of liquor seized from minors 6
Division 2—Amendments to Enforcement and Other Provisions 6
9. Definitions 6
10. Insertion of section 3B 8
3B. Where supply occurs if off-premises request made 8
11. Changes to name and structure of Co-ordinating Council 9
12. Additional authorisation under on-premises licence 10
13. Extension of authorisation of pre-retail licences 10
14. Insertion of section 25A 11
25A. Restriction on insertion of licence condition permitting
vending machines 11
15. Additional information to be provided in licence and permit
applications 11
16. Objection to police licence variation application 12
17. Licence variation applications by police need not be displayed 12
18. Application fees 13
19. Nominees of licensee or permittee 14
20. Insertion of section 58A 15
58A. Correcting mistakes 15
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21. Additional VCAT reviews 15
22. Grounds of application for inquiry 16
23. Increases to penalties 17
24. Inspection of residents' register 17
25. Insertion of sections 101A and 101B 18
101A. Plan of premises to be given to the Director if requested 18
101B. Plan of premises to be retained and produced for
inspection 18
26. Insertion of section 103A 19
103A. Change of associates 19
27. Minor amendment 19
28. Insertion of section 106A 20
106A. Lessees etc. are liable for offences 20
29. Insertion of sections 108A and 108B 21
108A. Evidence to be produced that responsible service
programs undertaken 21
108B. Corporate licensee must provide details of directors 22
30. Insertion of section 109A 23
109A. Sale of liquor through vending machines 23
31. Repeal of redundant provisions 23
32. General warrants to enter and search 23
33. Insertion of section 130A 24
130A. Details of warrant to be given to occupier 24
34. Search and seizure powers 25
35. Insertion of sections 133A–133E 26
133A. Meaning of "authorised person" in sections 133B
to 133E 26
133B. Copies of certain seized things to be given 26
133C. Access to seized documents 27
133D. Use of equipment to examine or process documents 27
133E. Use or seizure of electronic equipment at premises 28
36. Additional infringement notice offences 30
37. Dry area polls 31
PART 3—AMENDMENTS TO THE BUSINESS LICENSING
AUTHORITY ACT 1998 32
38. Constitution of the Authority 32
39. Members of the Authority 33
═══════════════
ENDNOTES 35
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Liquor Control Reform (Underage
Drinking and Enhanced Enforcement)
Act 2004†
[Assented to 7 December 2004]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY MATTERS
1. Purpose
The purpose of this Act is—
(a) to amend the Liquor Control Reform Act
1998—
(i) to make various changes concerning
underage drinking; and
Victoria
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(ii) to enhance the enforcement powers of
members of the police force under that
Act; and
(iii) to increase the penalties that apply to a
number of the offences under that Act
and to widen the categories of
infringement notice offences; and
(iv) to make a number of technical changes
to improve the operation of that Act;
and
(b) to amend the Business Licensing Authority
Act 1998 to make minor changes to the
constitution and operation of the Business
Licensing Authority.
2. Commencement
(1) This Act (other than Part 3 and section 37) comes
into operation on the day after the day on which it
receives the Royal Assent.
(2) Subject to sub-section (3), Part 3 and section 37
come into operation on a day or days to be
proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 June 2006, it
comes into operation on that day.
__________________
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PART 2—AMENDMENTS TO THE LIQUOR CONTROL
REFORM ACT 1998
Division 1—Underage Drinking
3. Definitions
In section 3(1) of the Liquor Control Reform
Act 1998 insert the following definitions—
' "guardian", in relation to a person who is under
the age of 18 years, means a person who is
authorised by law to manage the affairs of
that young person;
"responsible adult", in relation to a person who
is under the age of 18 years, means a person
who is of or over the age of 18 years and
who is—
(a) the younger person's parent, step-
parent, guardian or grandparent; or
(b) the younger person's spouse; or
(c) a person who is acting in place of a
parent and who could reasonably be
expected to exercise responsible
supervision of the younger person;'.
4. Presence of minors on licensed premises
(1) In the Liquor Control Reform Act 1998—
(a) for section 120(1)(b)(i) of the Liquor
Control Reform Act 1998 substitute—
"(i) in the company of a responsible adult;
or";
(b) for section 123(1)(c)(v) of the Liquor
Control Reform Act 1998 substitute—
"(v) unless he or she is in the company of a
responsible adult; or".
See:
Act No.
94/1998.
Reprint No. 2
as at
18 June 2002
and
amending Act
Nos 23/2002,
39/2002,
6/2003,
96/2003 and
114/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
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(2) After section 120(4) of the Liquor Control
Reform Act 1998 insert—
"(5) If an issue arises under this section as to
whether a person accompanying a person
under the age of 18 years is a responsible
adult or not, the test to be used is whether or
not a reasonable person would be justified in
assuming at the relevant time that the
accompanying person was a responsible
adult.".
5. Extension of categories of premises not to be
licensed
After section 22(1)(c) of the Liquor Control
Reform Act 1998 insert—
"(ca) premises that, in the opinion of the Director,
are intended by the occupier of the premises
to be primarily used by people under the age
of 18 years; or".
6. Clarification concerning presence of minors on
licensed premises
(1) In section 119(5)(d) of the Liquor Control
Reform Act 1998—
(a) after "the supply of" insert "packaged";
(b) after "age of 18 years" insert "for
consumption off the licensed or authorised
premises".
(2) After section 120(2)(c) of the Liquor Control
Reform Act 1998 insert—
"(ca) to the presence on licensed premises or
authorised premises of a person who is
employed to deliver packaged liquor for
consumption off the premises to people of or
over the age of 18 years and who is on the
premises by reason of that employment; or".
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(3) In section 123(2)(d) of the Liquor Control
Reform Act 1998—
(a) after "possession of" insert "packaged";
(b) after "age of 18 years" insert "for
consumption off the licensed or authorised
premises".
7. Substitution of section 125
For section 125 of the Liquor Control Reform
Act 1998 substitute—
"125. Offence to falsely procure proof of age
card
(1) A person who applies for a proof of age
document must not, in support of that
application—
(a) supply any information, document or
material that he or she knows is false or
misleading; or
(b) pass off any document or material that
does not relate to him or her as a
document or material that does relate to
him or her.
Penalty: 20 penalty units.
(2) A person must not give a document or other
material to another person if he or she
knows—
(a) both that the other person intends to use
the document or material to support an
application for a proof of age
document, and that the document or
material contains information that is
false or misleading; or
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(b) that the other person intends to use the
document or material contrary to sub-
section (1)(b).
Penalty: 20 penalty units.".
8. Destruction of liquor seized from minors
At the end of section 128 of the Liquor Control
Reform Act 1998 insert—
"(2) If a person from whom liquor was seized
under sub-section (1) 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.".
Division 2—Amendments to Enforcement and Other
Provisions
9. Definitions
(1) In section 3(1) of the Liquor Control Reform
Act 1998 insert the following definitions—
' "associate", in relation to a person, means—
(a) a spouse or domestic partner of the
person, or in the case of a person who is
a body corporate, of any director of the
body corporate, but does not include a
spouse or domestic partner—
(i) who is not, and has never been,
involved in any business of the
person involving the sale of
liquor; or
(ii) who will not be involved in the
business the person proposes to
conduct as a licensee or permittee;
or
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(b) a business partner of the person; or
(c) a participant in a business arrangement
or relationship with the person in
respect of any business involving the
sale of liquor;
"convenience store" means a premises of not
more than 240 square metres on which food,
drinks and other convenience goods are sold;
"domestic partner" of a person means an adult
person to whom the person is not married but
with whom the person is in a relationship as
a couple where one or each of them provides
personal or financial commitment and
support of a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are living
under the same roof, but does not include a
person who provides domestic support and
personal care to the person—
(a) for fee or reward; or
(b) on behalf of another person or an
organisation (including a government
or government agency, a body
corporate or a charitable or benevolent
organisation);
"food court" means an area set aside on a retail
premises for the consumption of food or
drink by the customers of premises used for
the sale of food or drink that are next to, or
near, the area;
"spouse" of a person means a person to whom the
person is married;
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"vending machine" means a machine or device
that is designed to enable the purchase of
items stored in the machine or device by the
insertion of money, a token, a card or a
similar object into the machine or device;'.
(2) In section 3(1) of the Liquor Control Reform
Act 1998, in the definition of "guest", for
paragraph (b) substitute—
"(b) in relation to licensed premises under a club
licence, means a person introduced to the
club by a member in accordance with the
rules of the club;".
10. Insertion of section 3B
After section 3A of the Liquor Control Reform
Act 1998 insert—
"3B. Where supply occurs if off-premises
request made
For the purposes of this Act, if liquor is
provided to a person who was not on
licensed premises at the time the person
ordered the liquor, the supply of the liquor to
the person occurs at the place where the
liquor provided was appropriated to the
person's order.
Examples:
1. A customer sits down at a kerb-side table of
premises operated by the holder of a general
licence. She orders a glass of wine. The waiter
takes the order to the bar, where a glass is
filled. The waiter then takes the glass to the
customer. In this scenario the wine in the glass
is supplied to the customer at the bar because
that is where it was appropriated to the
customer's order.
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2. A customer orders the home delivery of a
carton of beer by phone from the manager of
premises licensed to supply liquor for
consumption off the premises. The customer
pays for the beer by providing his credit card
details over the phone. The manager selects the
beer from the fridge, and a staff member
delivers the beer to the customer's house. In
this scenario the beer is supplied to the
customer at the fridge because that is where it
was appropriated to the customer's order.".
11. Changes to name and structure of Co-ordinating
Council
(1) In section 5 of the Liquor Control Reform Act
1998, insert the following heading—
"Liquor Control Advisory Council".
(2) For sections 5(1), 5(2) and 5(3) of the Liquor
Control Reform Act 1998 substitute—
"(1) There is established a Liquor Control
Advisory Council to advise the Minister on
problems of alcohol abuse and on any other
matters referred to it by the Minister.
(2) The Council consists of a Chairperson and as
many other members as the Minister
considers it appropriate to appoint.
(3) In appointing a person to be a member of the
Council, the Minister must be satisfied that
the person has appropriate knowledge,
experience or skills.".
(3) In section 5(7) of the Liquor Control Reform
Act 1998, for "Governor in Council" substitute
"Minister".
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(4) The Co-ordinating Council under the Liquor
Control Reform Act 1998 as in force
immediately before the commencement of this
section is abolished and the members of that
Council cease to hold office.
12. Additional authorisation under on-premises licence
In section 9(1) of the Liquor Control Reform
Act 1998—
(a) in paragraph (b), for "premises." substitute
"premises; and";
(b) after paragraph (b) insert—
"(c) if specifically authorised by the
Director, to supply liquor in an open
container for consumption in a food
court next to, or near, the licensed
premises.".
13. Extension of authorisation of pre-retail licences
For section 12(1) of the Liquor Control Reform
Act 1998 substitute—
"(1) A pre-retail licence authorises the licensee to
supply liquor at any time and on any
premises—
(a) to a person who holds a licence under
this Act; and
(b) to a person licensed to sell or supply
liquor by or under a law of another
State or Territory if the liquor supplied
is to be consumed outside Victoria; and
(c) to a person for the purpose of exporting
the liquor supplied out of Australia.".
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14. Insertion of section 25A
After section 25 of the Liquor Control Reform
Act 1998 insert—
"25A. Restriction on insertion of licence
condition permitting vending machines
The Director may only specify in a licence
that the licensee may sell liquor by means of
a vending machine if the Director has the
approval of the Minister to do so.".
15. Additional information to be provided in licence and
permit applications
(1) In section 28(1) of the Liquor Control Reform
Act 1998—
(a) after paragraph (a) insert—
"(aa) list the names and addresses of the
applicant's associates; and";
(b) after paragraph (c)(i) insert—
"(ia) a plan or depiction of the premises in
respect of which the licence or BYO
permit is sought in a form specified by
the Director; and".
(2) After sections 29(3)(c)(i) and 32(2)(c)(i) of the
Liquor Control Reform Act 1998 insert—
"(ia) a plan or depiction of the licensed premises
in a form specified by the Director; and".
(3) After section 31(2)(c)(i) of the Liquor Control
Reform Act 1998 insert—
"(ia) a plan or depiction of the premises to which
it is sought to relocate the licence or BYO
permit in a form specified by the Director;
and".
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16. Objection to police licence variation application
In section 30 of the Liquor Control Reform Act
1998—
(a) for paragraphs (a) and (b) substitute—
"(a) the Director must, not later than
14 days after the application is received
by him or her, give a copy of the
application—
(i) to the licensee or permittee; and
(ii) to the owner, and any mortgagee
registered with the Director, of the
licensed premises;
(b) the licensee or permittee may, within
21 days after receiving the copy of the
application, object to the application by
giving notice in writing to the Director
of the objection and the grounds for
objecting;";
(b) in paragraph (c), for "objection" (wherever
occurring) substitute "notice".
17. Licence variation applications by police need not be
displayed
After section 34(7) of the Liquor Control
Reform Act 1998 insert—
"(8) This section does not apply in respect of an
application made under section 29(1)(b) for
the variation of a licence.
Note: Applications for variation under section
29(1)(b) can only be made by the Chief
Commissioner or a licensing inspector.".
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18. Application fees
(1) This section amends the Liquor Control Reform
Act 1998.
(2) After section 54(2) insert—
"(2A) An application under this section must be
accompanied by the fee specified in the
regulations for the purposes of this section.".
(3) After section 80(2) insert—
"(3) An application under this section must be
accompanied by the fee specified in the
regulations for the purposes of this section.".
(4) At the end of section 81 insert—
"(2) An application under this section must be
accompanied by the fee specified in the
regulations for the purposes of this section.".
(5) After section 104(1) insert—
"(1A) An application under this section must be
accompanied by the fee specified in the
regulations for the purposes of this section.".
(6) After section 105(1) insert—
"(1A) A request for the Director's consent must be
accompanied by the fee specified in the
regulations for the purposes of this section.".
(7) After section 106(1) insert—
"(1A) A request for the Director's consent must be
accompanied by the fee specified in the
regulations for the purposes of this section.".
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(8) After section 120(2) insert—
"(2A) A request for the Director's approval for the
purposes of sub-section (2)(a)(i) must be
accompanied by the fee specified in the
regulations for the purposes of that sub-
section.".
(9) In section 176(2)—
(a) in paragraph (b), for "Director." substitute
"Director; and";
(b) after paragraph (b) insert—
"(c) accompanied by the fee specified in the
regulations for the purposes of this
section.".
19. Nominees of licensee or permittee
(1) After section 54(6) of the Liquor Control
Reform Act 1998 insert—
"(6A) A person becomes the nominee of the
licensee or permittee on the Director
granting the application.".
(2) After section 54(9) of the Liquor Control
Reform Act 1998 insert—
"(10) A person ceases to be a nominee on ceasing
to manage or control the licensed premises in
circumstances in which that cessation is, or
is likely to be, permanent.
Note: On a person ceasing to be a nominee,
section 53(4) ceases to apply. This has the
effect under section 53 of re-imposing liability
as a licensee or permittee on the directors or
members of the committee of management (as
the case may be) of the body holding the
licence or permit.
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(11) The licensee or permittee must notify the
Director in writing that a person has ceased
to be the nominee of the licensee or
permittee within 14 days after that cessation
occurs.
Penalty applying to this sub-section:
5 penalty units.".
20. Insertion of section 58A
After section 58 of the Liquor Control Reform
Act 1998 insert—
"58A. Correcting mistakes
The Director, at his or her own initiative,
may at any time vary a licence or BYO
permit to correct—
(a) a clerical mistake; or
(b) an error arising from an accidental slip
or omission; or
(c) a material miscalculation of figures or a
material mistake in the description of
any person, thing or matter referred to
in the licence or permit; or
(d) a defect of form.".
21. Additional VCAT reviews
After section 88(3) of the Liquor Control
Reform Act 1998 insert—
"(4) If—
(a) the Chief Commissioner lodges an
objection to an application, or the grant
of an application, under section 54, 62,
83 or 104; and
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(b) the Director grants or approves the
application—
the Chief Commissioner may apply to the
Tribunal for a review of the Director's
decision in respect of the application.
(5) If—
(a) a person objects to the giving of a
consent under section 105 or 106; and
(b) the consent is given; and
(c) the objection was considered by the
Director before the consent was
given—
the person who lodged the objection may
apply to the Tribunal for a review of the
Director's decision in respect of the giving of
the consent.".
22. Grounds of application for inquiry
In section 90(1) of the Liquor Control Reform
Act 1998—
(a) for paragraph (a) substitute—
"(a) has contravened this Act, the
regulations, the licence or BYO permit,
or a condition of the licence or BYO
permit; or";
(b) for paragraph (d) substitute—
"(d) has been convicted of an offence under
Part 2 of the Food Act 1984 in relation
to liquor supplied by him, her or it; or";
(c) in paragraph (fa) omit "26F or";
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(d) after paragraph (h) insert—
"(ha) has altered the licensed premises in a
way that would have prevented the
granting of the licence under section 22
had the alterations been in place
immediately before the licence was
granted; or".
23. Increases to penalties
(1) For section 91(1)(b)(iv) of the Liquor Control
Reform Act 1998 substitute—
"(iv) an order imposing a fine on the licensee or
permittee not exceeding $30 000;".
(2) In the Liquor Control Reform Act 1998—
(a) in sections 105(1), 106(1), 108(1), 118(1),
119(1), 119(2), 119(3), 120(1) and 121, for
"20 penalty units" substitute "60 penalty
units";
(b) in section 107(1), for "50 penalty units"
substitute "120 penalty units";
(c) in section 119(4), for "5 penalty units"
substitute "10 penalty units";
(d) in section 122(1), for "10 penalty units"
substitute "60 penalty units";
(e) in section 129(5), for "15 penalty units"
substitute "60 penalty units".
24. Inspection of residents' register
In section 100 of the Liquor Control Reform
Act 1998—
(a) in paragraph (d), for "entry." substitute
"entry;";
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(b) after paragraph (d) insert—
"(e) must produce the register for inspection
if asked to do so by a member of the
police force.".
25. Insertion of sections 101A and 101B
After section 101 of the Liquor Control Reform
Act 1998 insert—
"101A. Plan of premises to be given to the
Director if requested
(1) The Director may, at any time, require a
licensee or permittee to give to the Director a
current plan or depiction of the licensed
premises in a form specified by the Director.
(2) A requirement must be made in writing and
must specify the form in which the plan or
depiction is required.
(3) As soon as is practicable after receiving a
written requirement under this section, a
licensee or permittee must comply with the
requirement.
Penalty: 10 penalty units.
(4) The Director may certify that a plan or
depiction provided to him or her under this
section is in the required form.
101B. Plan of premises to be retained and
produced for inspection
(1) A licensee or permittee must keep on the
licensed premises at all times a copy of the
last plan or depiction of the licensed
premises that was—
(a) submitted to the Director under
Division 4 of Part 2 as part of an
application that was granted; or
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(b) that was certified by the Director under
section 101A—
(whichever is the later document).
Penalty: 10 penalty units.
(2) The licensee or permittee must produce a
copy of the plan or depiction for inspection if
asked to do so by a member of the police
force.
Penalty: 10 penalty units.".
26. Insertion of section 103A
After section 103 of the Liquor Control Reform
Act 1998 insert—
"103A. Change of associates
(1) This section applies if a licensee or permittee
has previously given the Director the names
and addresses of his, her or its associates.
(2) The licensee or permittee must, within
14 days after the occurrence of either of the
following events, notify the Director in
writing of the event—
(a) that a person has ceased to be his, her
or its associate; or
(b) that a person has become his, her or its
associate.
Penalty: 5 penalty units.".
27. Minor amendment
In section 105(1) of the Liquor Control Reform
Act 1998, before "the right to supply" insert
"assign".
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28. Insertion of section 106A
After section 106 of the Liquor Control Reform
Act 1998 insert—
"106A. Lessees etc. are liable for offences
(1) This section applies to a person—
(a) who, under a consent given under
section 105, lets or sub-lets any part of
any licensed premises or is assigned the
right to supply liquor; or
(b) who, under a consent given under
section 106, carries on the business of
supplying liquor on any licensed
premises.
(2) This section applies if the person does, or
omits to do, anything while operating under
the consent given under section 105 or 106
that would be an offence under this Act if the
person were the licensee or permittee of the
premises in respect of which the consent was
given.
(3) The person is liable for his, her or its act or
omission as if he, she or it were the licensee
or permittee.
(4) If the person is a body corporate, the
directors of the body corporate at the time of
the act or omission are severally liable for
the act or omission as if they were the
licensee or permittee.
(5) Nothing in this section is intended to affect
or reduce the liability of the licensee or
permittee with respect to the act or omission
of the person.".
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29. Insertion of sections 108A and 108B
After section 108 of the Liquor Control Reform
Act 1998 insert—
"108A. Evidence to be produced that responsible
service programs undertaken
(1) This section applies if it is a condition of a
licence or permit that the licensee or
permittee, or a person acting on behalf of the
licensee or permittee under the licence or
permit, has completed a responsible service
of alcohol program or course.
(2) The licensee or permittee must, on being
asked by a member of the police force,
produce for inspection—
(a) evidence that the licensee, permittee or
person acting on behalf of the licensee
or permittee has completed the required
program or course; and
(b) if the relevant licence or permit
condition requires that the licensee,
permittee or person have completed the
required program or course during a
particular period of time, evidence that
the program or course was completed
by that person within that period.
Penalty: 5 penalty units.
(3) Sub-section (2) does not apply if the
licensee, permittee or person acting on behalf
of the licensee or permittee has not
completed the required program or course, or
did not complete the program or course
within a required period.
Note: Sub-section (3) ensures that a person does not
commit an offence by failing to produce evidence
that does not exist. If the evidence does not exist the
person would have committed a more serious offence
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under section 108 in not complying with the licence
or permit conditions.
108B. Corporate licensee must provide details of
directors
(1) A licensee who is a body corporate (other
than a club) must give a list of the names and
addresses of its directors as at a specified
date to a member of the police force within
48 hours after being asked to do so by the
member.
Penalty: 10 penalty units.
(2) A licensee who is a club must give a list of
the names and addresses of the members of
its committee of management as at a
specified date to a member of the police
force within 48 hours after being asked to do
so by the member.
Penalty: 10 penalty units.
(3) In responding to a request under this section,
a licensee must not give the member any
information that is false or misleading.
Penalty: 20 penalty units.
(4) It is a defence to a prosecution under sub-
section (3) for the defendant to prove that
when the information was given the
defendant—
(a) believed on reasonable grounds that the
false matter was true; or
(b) believed on reasonable grounds that the
misleading matter was not
misleading.".
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30. Insertion of section 109A
After section 109 of the Liquor Control Reform
Act 1998 insert—
"109A. Sale of liquor through vending machines
A person must not sell liquor by means of a
vending machine unless—
(a) it is specified by the Director in a
licence that the person may do so; and
(b) the vending machine is on the licensed
premises; and
(c) the person complies with any
conditions specified by the Director in
the licence concerning the use of the
vending machine.
Penalty: 60 penalty units.".
31. Repeal of redundant provisions
Sections 126(2) and 126(3) of the Liquor Control
Reform Act 1998 are repealed.
32. General warrants to enter and search
(1) In section 130(1) of the Liquor Control Reform
Act 1998—
(a) for paragraph (a) substitute—
"(a) in any premises liquor is supplied by a
person—
(i) who does not hold a licence
authorising the supply; and
(ii) who is required under this Act to
hold such a licence to supply the
liquor; or";
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(b) for paragraph (f) substitute—
"(f) to take possession of any documents
relating to the supply or purchase of
liquor; and".
(2) After section 130(1) of the Liquor Control
Reform Act 1998 insert—
"(1A) The person to whom a warrant is issued must
ensure that any thing that was seized under
the warrant is brought before the Magistrates'
Court as soon as is practicable after the
seizure to enable the thing to be dealt with
according to law.".
33. Insertion of section 130A
After section 130 of the Liquor Control Reform
Act 1998 insert—
"130A. Details of warrant to be given to occupier
(1) If the occupier is present at the premises
where a search warrant is being executed, the
member of the police force must—
(a) identify himself or herself to the
occupier if he or she is not in uniform;
and
(b) give to the occupier a copy of the
warrant.
(2) If the occupier is not present at the premises
where a search warrant is being executed but
another person is present, the member of the
police force must—
(a) if he or she is not in uniform, identify
himself or herself to that person; and
(b) give the person a copy of the warrant.".
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34. Search and seizure powers
(1) After section 133(1) of the Liquor Control
Reform Act 1998 insert—
"(1A) Before exercising a power under sub-section
(1) (other than the initial entry on to any
premises under sub-section (1)(a))—
(a) an authorised person who is not a
member of the police force must
produce for inspection evidence of his
or her authority to act as an authorised
person;
(b) a member of the police force must
produce for inspection his or her
identification as a member of the police
force if he or she is not in uniform.".
(2) After section 133(2) of the Liquor Control
Reform Act 1998 insert—
"(2A) A person is not guilty of an offence under
sub-section (2)(a), (2)(b) or (2)(c) in respect
of an act or omission if the person was not
warned by the authorised person that the act
or omission constituted an offence under this
Act.".
(3) In section 133(7) of the Liquor Control Reform
Act 1998—
(a) in paragraph (b), for "sub-section (6)."
substitute "sub-section (6);";
(b) after paragraph (b) insert—
"(c) the Chief Commissioner;
(d) a licensing inspector.".
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35. Insertion of sections 133A–133E
After section 133 of the Liquor Control Reform
Act 1998 insert—
'133A. Meaning of "authorised person" in
sections 133B to 133E
In sections 133B to 133E "authorised
person" means—
(a) in the case of a seizure under
section 130, the member of the police
force executing the warrant;
(b) in the case of a seizure under
section 133, the person exercising the
power conferred by that section.
133B. Copies of certain seized things to be given
(1) If, in exercising a power under section 130 or
133, an authorised person seizes a document,
he or she must give a copy of the document
to the owner or custodian of the document as
soon as is practicable after the seizure, and in
any event no later than 21 days after the
seizure.
(2) Sub-section (1) does not apply if the
authorised person is unable to discover the
identity of the owner or custodian of the
document.
(3) If the authorised person does not give a copy
of a document to the owner or custodian of
the document before the authorised person
leaves the premises, the authorised person
must give a receipt for the document to the
person from whom it is seized and removed.
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(4) In the case of a paper document, the
authorised person must certify on any copy
of the document given to a person under this
section that the copy is an accurate copy of
the document.
(5) A copy of a document certified under sub-
section (4) is to be received in all courts and
tribunals as evidence of equal validity to the
original.
133C. Access to seized documents
(1) If a document is seized under this Part, the
authorised person who seized the document
must, if practicable, allow the person who
would normally be entitled to possession of
the document reasonable access to it while it
remains in the possession, or under the control,
of the authorised person.
(2) This section does not apply if the authorised
person has given the person an accurate copy
of the document.
133D. Use of equipment to examine or process
documents
(1) An authorised person may bring on to any
premises any equipment reasonably
necessary for the examination or processing
of documents found at the premises in order
to determine whether they are documents
that may be seized.
(2) If—
(a) it is not practicable to examine or
process the documents at the premises;
or
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(b) the occupier of the premises consents in
writing—
the documents may be moved to another
place so that the examination or processing
can be carried out in order to determine
whether they are documents that may be
seized.
(3) The authorised person, or a person assisting
the authorised person, may operate
equipment already at the premises to carry
out the examination or processing of a
document found at the premises in order to
determine whether it is a document that may
be seized, if the authorised person or person
assisting believes on reasonable grounds
that—
(a) the equipment is suitable for the
examination or processing; and
(b) the examination or processing can be
carried out without damage to the
equipment or the document.
133E. Use or seizure of electronic equipment at
premises
(1) If—
(a) a thing found at any premises is, or
includes, a disk, tape or other device for
the storage of information; and
(b) equipment at the premises may be used
with the disk, tape or other storage
device; and
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(c) the authorised person believes on
reasonable grounds that the information
stored on the disk, tape or other storage
device is relevant to furthering the
purpose of the authorised person's
inspection—
the authorised person or a person assisting
the authorised person may operate, or may
require the occupier or an employee of the
occupier to operate, the equipment to access
the information.
(2) If the authorised person or a person assisting
the authorised person finds that a disk, tape
or other storage device at the premises
contains information of the kind referred to
in sub-section (1)(c), he or she may—
(a) put the information in documentary
form and seize the documents so
produced; or
(b) copy the information to another disk,
tape or other storage device and remove
that storage device from the premises;
or
(c) if it is not practicable to put the
information in documentary form nor to
copy the information, seize the disk,
tape or other storage device and the
equipment that enables the information
to be accessed.
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(3) An authorised person or a person assisting an
authorised officer must not operate or seize
equipment for the purpose mentioned in this
section unless the authorised person or
person assisting believes on reasonable
grounds that the operation or seizure of the
equipment can be carried out without
damage to the equipment.'.
36. Additional infringement notice offences
In section 141(2) of the Liquor Control Reform
Act 1998—
(a) for paragraph (a) substitute—
"(a) section 98 (owners and mortgagees of
licensed premises);
(aa) section 99 (refreshments to be
available);
(ab) section 100 (except paragraph (d))
(residents' register);";
(b) after paragraph (b) insert—
"(ba) section 101B(2) (failure to produce
plan of premises to police on request);";
(c) after paragraph (d) insert—
"(da) section 105 (no letting or sub-letting
without consent);";
(d) after paragraph (e) insert—
"(ea) section 108A (licensee must produce
evidence that responsible service
programs undertaken);
(eb) section 108B (except sub-section (3))
(corporate licensee must provide details
of directors);";
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(e) after paragraph (f) insert—
"(fa) section 111(a) (certain offences at
licensed premises contrary to the
licence or permit);";
(f) in paragraph (k), for "minor)." substitute
"minor);";
(g) after paragraph (k) insert—
"(l) section 130(3) (fail to give, or give
false, name or address to police
exercising search warrant).".
37. Dry area polls
In Schedule 3 to the Liquor Control Reform Act
1998—
(a) after clause 17(2)(e)(ii) insert—
"(iii) the voting may be conducted by means of
postal voting;";
(b) after clause 17(3) insert—
"(4) The applicants for the new licence, or the
relocation of an existing licence, are liable for
the reasonable expenses incurred by the
Electoral Commissioner in conducting any vote
of electors taken under this clause.".
__________________
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PART 3—AMENDMENTS TO THE BUSINESS LICENSING
AUTHORITY ACT 1998
38. Constitution of the Authority
(1) For section 5(1) of the Business Licensing
Authority Act 1998 substitute—
"(1) The Authority is constituted by—
(a) a Chairperson, and a Deputy
Chairperson, appointed by the
Governor in Council; and
(b) the Director of Liquor Licensing
appointed under the Liquor Control
Reform Act 1998; and
(c) any other person appointed by the
Governor in Council as a member of
the Authority.".
(2) In section 5(2) of the Business Licensing
Authority Act 1998, after "as a member" insert
"under sub-section (1)(a) or (1)(c)".
(3) Section 5(3) of the Business Licensing Authority
Act 1998 is repealed.
(4) After section 5(4) of the Business Licensing
Authority Act 1998 insert—
"(5) Despite sub-section (4), clauses 1 to 6 of the
Schedule do not apply to the Director of
Liquor Licensing.
(6) The changes made in relation to the
Authority by Part 3 of the Liquor Control
Reform (Underage Drinking and
Enhanced Enforcement) Act 2004 do not
affect any other act, matter or thing except as
is provided for in the amendments effecting
the changes.".
See:
Act No.
49/1998.
Reprint No. 1
as at
15 April 2004.
LawToday:
www.dms.
dpc.vic.
gov.au
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39. Members of the Authority
(1) In the Schedule to the Business Licensing
Authority Act 1998, for clause 4 substitute—
"4. Acting appointments
(1) When—
(a) the office of Chairperson is vacant; or
(b) the Chairperson is absent from Victoria or is
unable, for any reason, to perform the duties of
the office—
the Deputy Chairperson must act as Chairperson.
(2) While the Deputy Chairperson is acting as
Chairperson, he or she has and may exercise all the
powers, and must perform all the duties, of the
Chairperson.
(3) The Minister may appoint a member of the Authority
to act as Deputy Chairperson—
(a) during a vacancy in the office of Deputy
Chairperson; or
(b) during any period, or during all periods, when
the Deputy Chairperson is acting as
Chairperson or is unable, for any reason, to
perform the duties of the Deputy Chairperson.
(4) The Minister may appoint a person who is qualified to
be a member of the Authority to act as a member
(other than the Chairperson or Deputy Chairperson) of
the Authority during any period, or during all periods,
when a member is acting as Deputy Chairperson or is
unable, for any reason, to perform the duties of
office.".
(2) In clause 5 to the Schedule to the Business
Licensing Authority Act 1998—
(a) insert the following heading—
"Acting members—conditions";
(b) clause 5(1) is repealed.
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(3) In the Schedule to the Business Licensing
Authority Act 1998, for clause 6 substitute—
"6. Decision not invalid by reason of vacancy etc.
An act or decision of the Authority is not invalid
only—
(a) because of a vacancy in the membership of the
Authority; or
(b) because of a defect or irregularity in the
appointment of a member or acting member; or
(c) because the occasion for the appointment of an
acting member had ceased to exist.".
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 14 October 2004
Legislative Council: 16 November 2004
The long title for the Bill for this Act was "to amend the Liquor Control
Reform Act 1998 and the Business Licensing Authority Act 1998 and
for other purposes."
Endnotes
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