Liquor Control Reform (Prohibited Products) Act 2001

i Liquor Control Reform (Prohibited Products) Act 2001 Act No. 88/2001 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Principal Act 2 4. Definitions 2 5. Objects 2 6. Grounds to apply for an inquiry 2 7. New Division 1A inserted in Part 8 2 Division 1A—Restrictions on the Supply of Liquor and Other Alcoholic Products 3 118A. Restrictions on retail supply of alcohol-based food essences 3 118B. Regulations prohibiting supply of classes of liquor 3 8. Consequential amendment of section 126 4 9. Notice of conviction 4 10. Infringement notices 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 Liquor Control Reform (Prohibited Products) Act 2001 † [Assented to 11 December 2001] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Liquor Control Reform Act 1998 to prohibit or restrict the sale of certain alcoholic products. 2. Commencement This Act comes into operation on 21 December 2001. Victoria No. 88 of 2001 -- 2 of 6 -- Act No. 88/2001 Liquor Control Reform (Prohibited Products) Act 2001 2 3. Principal Act In this Act, the Liquor Control Reform Act 1998 is called the Principal Act. 4. Definitions In section 3(1) of the Principal Act— (a) before the definition of "authorised gaming visitor" insert— ' "alcohol-based food essence" means a food flavouring preparation in liquid form intended for human consumption with an alcoholic content greater than 0·5% by volume at a temperature of 20° Celsius;'; (b) in the definition of "supply", omit ", in relation to liquor,". 5. Objects In section 4(a) of the Principal Act, after sub- paragraph (ii) insert— "(iii) restricting the supply of certain other alcoholic products; and". 6. Grounds to apply for an inquiry In section 90(1) of the Principal Act, after paragraph (b) insert— "(ba) has contravened section 118A or a regulation made under section 118B; or". 7. New Division 1A inserted in Part 8 See: Act No. 94/1998. Reprint No. 1 as at 18 October 2001. LawToday: www.dms. dpc.vic. gov.au s. 7 -- 3 of 6 -- Act No. 88/2001 Liquor Control Reform (Prohibited Products) Act 2001 3 After Division 1 of Part 8 of the Principal Act insert— "Division 1A—Restrictions on the Supply of Liquor and Other Alcoholic Products 118A. Restrictions on retail supply of alcohol-based food essences A person must not supply by retail an alcohol-based food essence that is packaged— (a) in the case of vanilla essence (whether natural or imitation)—in a container of more than 100 millilitres capacity; (b) in any other case—in a container of more than 50 millilitres capacity. Penalty: 30 penalty units. 118B. Regulations prohibiting supply of classes of liquor (1) The Governor in Council, on the recommendation of the Minister, may make regulations prohibiting the supply of any class of liquor. (2) The Minister may recommend the making of regulations under this section only if he or she is satisfied that it is in the interest of the community to do so. (3) Regulations under this section— (a) may impose a penalty not exceeding 30 penalty units for a breach of the regulations; (b) may be of general or of specially limited application; -- 4 of 6 -- Act No. 88/2001 Liquor Control Reform (Prohibited Products) Act 2001 4 (c) may differ according to differences in time, place or circumstances. (4) Regulations under this section are subject to disallowance by a House of the Parliament.". 8. Consequential amendment of section 126 In section 126(4)(c) of the Principal Act, for "supply" substitute "give". 9. Notice of conviction In section 140(1) of the Principal Act, after "this Act" insert "or the regulations". 10. Infringement notices (1) In section 141(2) of the Principal Act, after paragraph (i) insert— "(ia) section 118A (supplying alcohol-based food essences); (ib) a regulation made under section 118B (prohibition of the supply of liquor);". (2) In section 144 of the Principal Act— (a) after "of this Act" insert "or a regulation"; (b) after "that provision" insert "or regulation". ═══════════════ s. 8 -- 5 of 6 -- Act No. 88/2001 Liquor Control Reform (Prohibited Products) Act 2001 5 ENDNOTES † Minister's second reading speech— Legislative Assembly: 1 November 2001 Legislative Council: 4 December 2001 The long title for the Bill for this Act was "to amend the Liquor Control Reform Act 1998 to prohibit or restrict the sale of certain alcoholic products and for other purposes." Endnotes -- 6 of 6 --