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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015
Queensland Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Amendment of Bail Act 1980 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Amendment of s 11 (Conditions of release on bail) . . . . . . . . . . . 9 5 Replacement of s 11AB (Condition requiring completion of DAAR course) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11AB Condition requiring completion of DAAR course . . . . 9 6 Amendment of s 16 (Refusal of bail) . . . . . . . . . . . . . . . . . . . . . . 11 7 Amendment of s 20 (Undertaking as to bail) . . . . . . . . . . . . . . . . 11 8 Amendment of s 29 (Offence to breach conditions of bail). . . . . . 11 9 Amendment of s 29A (Procedure in respect of defendants apprehended under s 21(7) or the Police Powers and Responsibilities Act 2000) 11 10 Amendment of s 30 (Apprehension on variation or revocation of bail) 12 11 Insertion of new s 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 45 Transitional provision for Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2015. . . . . . . . . . . . . . . . 12 Part 3 Amendment of Fair Trading Act 1989 12 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 Omission of s 96 (Vicarious liability). . . . . . . . . . . . . . . . . . . . . . . 13 Part 4 Amendment of Gaming Machine Act 1991 14 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 15 Amendment of s 235 (Hours of gaming) . . . . . . . . . . . . . . . . . . . 13 16 Insertion of new pt 12, div 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Contents Division 20 Transitional provision for Tackling Alcohol- Fuelled Violence Legislation Amendment Act 2015 490 Continuation of hours of gaming for particular gaming machine licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Part 5 Amendment of Liquor Act 1992 17 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 18 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 15 19 Replacement of s 4B (Meaning of liquor) . . . . . . . . . . . . . . . . . . . 17 4B Meaning of liquor . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 20 Replacement of s 6 (Acceptable evidence of age) . . . . . . . . . . . . 17 6 Acceptable evidence of age . . . . . . . . . . . . . . . . . . . . 17 21 Insertion of new s 14AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 14AB Exemption for particular liquors . . . . . . . . . . . . . . . . . 19 22 Amendment of s 14B (Other exemptions for the sale of liquor) . . 20 23 Amendment of s 21 (Jurisdiction and powers of tribunal). . . . . . . 20 24 Amendment of s 73 (Authority of producer/wholesaler licence) . . 21 25 Insertion of new s 74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 74A Sale or supply of craft beer at promotional event . . . . 22 26 Amendment of s 75 (Restriction on sale of liquor under producer/ wholesaler licence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 27 Insertion of new s 75A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 75A Venue of promotional event not licensed premises for producer/wholesaler licence. . . . . . . . . . . . . . . . . . . . 24 28 Amendment of s 77 (Authority of community club licence) . . . . . 25 29 Amendment of s 86 (Hours to which application may relate etc.) 26 30 Amendment of s 100 (Available permits) . . . . . . . . . . . . . . . . . . . 27 31 Amendment of s 103G (Authority of extended hours permit) . . . . 27 32 Insertion of new pt 4A, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 8 Craft beer producer permits 103W Authority of craft beer producer permit. . . . . . . . . . . . 27 103X Restriction on grant of craft beer producer permit . . . 28 103Y Duration of craft beer producer permit . . . . . . . . . . . . 29 103Z Premises to which craft beer producer permit relates 29 103ZA Conditions on craft beer producer permits . . . . . . . . . 30 33 Amendment of s 105A (Additional requirement for particular applications--risk-assessed management plan) . . . . . . . . . . . . . 31 Page 2
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Contents 34 Amendment of s 107C (Commissioner may impose conditions on licences and permits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 35 Amendment of s 112 (Procedure for variation by commissioner). 32 36 Amendment of s 136 (Grounds for disciplinary action) . . . . . . . . 32 37 Insertion of new s 137CB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 137CB Immediate suspension of car park approval. . . . . . . . 33 38 Replacement of ss 142AA and 142AB . . . . . . . . . . . . . . . . . . . . . 33 142AA Application of division . . . . . . . . . . . . . . . . . . . . . . . . 34 142AB Licence subject to lock out condition . . . . . . . . . . . . . 35 39 Amendment of s 142AE (Application of div 6) . . . . . . . . . . . . . . . 35 40 Amendment of s 142ZAA (Immediate cancellation--identified participants) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 41 Amendment of s 142ZE (Suspension or cancellation) . . . . . . . . 36 42 Insertion of new pt 6, div 1AB. . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 1AB Sale, supply and consumption of liquor in car parks 142ZZE Sale, supply or consumption of liquor in car park. . . . 37 142ZZF Application for car park approval . . . . . . . . . . . . . . . . 37 142ZZG Commissioner's consideration of application . . . . . . . 38 142ZZH Restriction on grant of car park approval . . . . . . . . . . 38 142ZZI Conditions on car park approval. . . . . . . . . . . . . . . . . 39 142ZZJ Authority of car park approval. . . . . . . . . . . . . . . . . . . 40 43 Insertion of new s 143B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 143B Particulars to be displayed for exemption from restriction on the sale or supply of rapid intoxication drinks. . . . . . . 40 44 Insertion of new s 148AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 148AB Restriction on sale of craft beer . . . . . . . . . . . . . . . . . 41 45 Omission of s 153A (Sale, supply or consumption of liquor in car park) 41 46 Amendment of s 155 (Minors on premises) . . . . . . . . . . . . . . . . . 41 47 Amendment of s 155AC (Application of div 1A) . . . . . . . . . . . . . 42 48 Amendment of s 155AD (Who must be present or reasonably available at licensed premises etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 49 Insertion of new pt 6, div 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Division 1B Banning sale or supply of rapid intoxication drinks during restricted period 155AG Meaning of rapid intoxication drink . . . . . . . . . . . . . . . 43 155AH Application of division. . . . . . . . . . . . . . . . . . . . . . . . . 44 Page 3
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Contents 155AI Prohibition on sale or supply of rapid intoxication drinks during restricted period . . . . . . . . . . . . . . . . . . . . . . . 44 155AJ Applying for exemption . . . . . . . . . . . . . . . . . . . . . . . . 44 155AK Granting exemption . . . . . . . . . . . . . . . . . . . . . . . . . . 45 155AL Exemption notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 155AM Effect of exemption for extended hours permits . . . . . 47 155AN Commissioner must impose licence conditions for exemption 47 155AO Commissioner may suspend exemption. . . . . . . . . . . 47 155AP Varying or revoking suspension . . . . . . . . . . . . . . . . . 48 50 Amendment of s 158 (False representation of age) . . . . . . . . . . . 49 51 Amendment of s 159 (Wrongful dealing with genuine evidence of age) 49 52 Insertion of new ss 162B and 162C . . . . . . . . . . . . . . . . . . . . . . . 49 162B Taking liquor into or from area defined in commercial public event permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 162C Taking liquor into or from venue of event or occasion for community liquor permit . . . . . . . . . . . . . . . . . . . . . . . 50 53 Amendment of s 172 (Offer to purchase liquor made elsewhere than at licensed premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 54 Insertion of new pt 6AB, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 5 3a.m. safe night precincts 173O Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 173P Prescribing 3a.m. safe night precincts . . . . . . . . . . . . 52 173Q Revoking 3a.m. safe night precincts. . . . . . . . . . . . . . 53 55 Insertion of new pt 7, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 1A Preliminary 173NR Definition for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 56 Amendment of s 174AA (Production or display of identity card) . 54 57 Insertion of new s 183AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 183AA Power to require production of documents . . . . . . . . . 54 58 Amendment of s 217 (Records to be kept by licensee) . . . . . . . . 56 59 Amendment of s 226 (Contravention of conditions of licences etc.) 57 60 Insertion of new s 228C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 228C Inconsistency with authority to sell or supply craft beer and authority under commercial special facility licence. . . 57 61 Amendment of s 233 (Evidentiary provisions) . . . . . . . . . . . . . . . 58 62 Insertion of new pt 12, div 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Page 4
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Contents Division 17 Transitional provisions for Tackling Alcohol- Fuelled Violence Legislation Amendment Act 2015 Subdivision 1 Extended trading hours applications and existing extended trading hours approvals 330 Definitions for subdivision. . . . . . . . . . . . . . . . . . . . . . 59 331 Application of subdivision . . . . . . . . . . . . . . . . . . . . . . 59 332 No compensation for operation of subdivision . . . . . . 60 333 Restriction on making extended trading hours applications (takeaway liquor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 334 Certain proceedings in court or tribunal relating to extended trading hours applications (takeaway liquor) taken to end 60 335 Effect of certain court or tribunal decisions relating to extended trading hours applications (takeaway liquor) 60 336 Applications for extended trading hours between 2a.m. and 5a.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 337 Existing extended trading hours approvals for trading between 2a.m. and 5a.m. . . . . . . . . . . . . . . . . . . . . . 61 338 Effect of certain court or tribunal decisions relating to extended trading hours approvals . . . . . . . . . . . . . . . 62 Subdivision 2 Other provisions 339 Acceptable evidence of age . . . . . . . . . . . . . . . . . . . . 62 340 Conditions relating to sale etc. of liquor in car park . . 63 341 Approvals under section 153A . . . . . . . . . . . . . . . . . . 63 Part 6 Amendment of Liquor Regulation 2002 63 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 64 Insertion of new s 38AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 38AB Prescription of particular substances and maximum amounts--Act, s 14AB . . . . . . . . . . . . . . . . . . . . . . . . 64 65 Amendment of s 38A (Matters for risk-assessed management plan-- Act, s 50, definition risk-assessed management plan) . . . . . . . . 64 66 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 41A Maximum period for car park approval--Act, s 142ZZJ(3) 65 Part 7 Amendment of Penalties and Sentences Act 1992 67 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 68 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 65 69 Amendment of s 15B (Definitions for div 1) . . . . . . . . . . . . . . . . . 65 70 Amendment of s 19 (Order of court) . . . . . . . . . . . . . . . . . . . . . . 66 71 Amendment of s 20 (Contravention of order) . . . . . . . . . . . . . . . . 66 Page 5
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Contents 72 Insertion of new pt 14, div 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Division 12 Transitional provision for Tackling Alcohol- Fuelled Violence Legislation Amendment Act 2015 239 Imposition of DAAR condition. . . . . . . . . . . . . . . . . . . 67 Part 8 Amendment of Police Powers and Responsibilities Act 2000 73 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 74 Amendment of s 686 (Application of pt 3) . . . . . . . . . . . . . . . . . . 68 Page 6
2015 A Bill for An Act to amend the Bail Act 1980, the Fair Trading Act 1989, the Gaming Machine Act 1991, the Liquor Act 1992, the Liquor Regulation 2002, the Penalties and Sentences Act 1992 and the Police Powers and Responsibilities Act 2000 for particular purposes
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Tackling Alcohol-Fuelled 4 Violence Legislation Amendment Act 2015. 5 Clause 2 Commencement 6 (1) The following provisions commence on 1 July 2016-- 7 (a) part 4; 8 (b) section 18(2), to the extent it inserts definitions 3a.m. 9 safe night precinct and lock out condition; 10 (c) sections 18(5), 22(3), 29(1), 31, 34, 38, 48 and 54; 11 (d) section 62, to the extent it inserts sections 336 to 338. 12 (2) The following provisions commence on a day to be fixed by 13 proclamation-- 14 (a) section 18(2), to the extent it inserts definitions car 15 park, car park approval, craft beer, craft brewery, 16 promotional event, regulated car park and related body 17 corporate; 18 (b) sections 24 to 27, 30, 32, 33(4), 36, 37, 42, 44 to 47, 52, 19 53, 58 to 60 and 66; 20 (c) section 62, to the extent it inserts sections 340 and 341. 21 Page 8
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 2 Amendment of Bail Act 1980 [s 3] Part 2 Amendment of Bail Act 1980 1 Clause 3 Act amended 2 This part amends the Bail Act 1980. 3 Clause 4 Amendment of s 11 (Conditions of release on bail) 4 (1) Section 11(9)-- 5 insert-- 6 Notes-- 7 1 The defendant does not commit an offence against 8 section 29 by breaking the condition. See section 9 29(2)(c). 10 2 Section 30 sets out the procedures for varying the 11 defendant's bail if the condition is broken or is likely 12 to be broken. 13 (2) Section 11(9A), 'must'-- 14 omit, insert-- 15 may 16 Clause 5 Replacement of s 11AB (Condition requiring completion 17 of DAAR course) 18 Section 11AB-- 19 omit, insert-- 20 11AB Condition requiring completion of DAAR 21 course 22 (1) This section applies to a court authorised by this 23 Act to grant bail for the release of a person. 24 (2) If the person consents to completing a DAAR 25 course, the court may impose a condition for the 26 person's release that the person complete a 27 DAAR course by a stated day. 28 Notes-- 29 Page 9
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 2 Amendment of Bail Act 1980 [s 5] 1 The person does not commit an offence against 1 section 29 by breaking the condition. See section 2 29(2)(c). 3 2 Section 30 sets out the procedures for varying the 4 person's bail if the condition is broken or is likely to 5 be broken. 6 (3) In deciding whether to impose the condition, the 7 court must have regard to the following-- 8 (a) the nature of the offence in relation to which 9 bail is proposed to be granted; 10 (b) the person's circumstances, including any 11 benefit the person may derive by completing 12 a DAAR course; 13 (c) the public interest. 14 (4) However, subsection (2) does not apply if-- 15 (a) the person has completed 2 DAAR courses 16 within the previous 5 years; or 17 (b) the person is under 18 years; or 18 (c) section 11A applies. 19 (5) This section does not limit the conditions the 20 court may impose under section 11. 21 (6) In this section-- 22 approved provider means an entity approved by 23 the chief executive (health) by gazette notice to 24 provide DAAR courses. 25 chief executive (health) means the chief 26 executive of the department in which the Health 27 Act 1937 is administered. 28 DAAR stands for Drug and Alcohol Assessment 29 Referral. 30 DAAR course means a course provided to a 31 person by an approved provider in which-- 32 Page 10
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 2 Amendment of Bail Act 1980 [s 6] (a) the person's drug or alcohol use is assessed; 1 and 2 (b) the person is given information about 3 appropriate options for treatment and may 4 be offered counselling or education. 5 Clause 6 Amendment of s 16 (Refusal of bail) 6 Section 16(4), from '(3A) a court'-- 7 omit, insert-- 8 (3A)-- 9 (a) a court may impose conditions under section 10 11 or 11AB; or 11 (b) a police officer may impose conditions 12 under section 11. 13 Clause 7 Amendment of s 20 (Undertaking as to bail) 14 Section 20(3)(b)(i) and (3A)(b)(i), after 'or (9)'-- 15 insert-- 16 or 11AB 17 Clause 8 Amendment of s 29 (Offence to breach conditions of bail) 18 Section 29(2)-- 19 insert-- 20 (c) a condition of the defendant's undertaking 21 imposed under section 11(9) or 11AB. 22 Clause 9 Amendment of s 29A (Procedure in respect of defendants 23 apprehended under s 21(7) or the Police Powers and 24 Responsibilities Act 2000) 25 Section 29A(3), after '11(9)'-- 26 insert-- 27 Page 11
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 2 Amendment of Bail Act 1980 [s 10] or 11AB 1 Clause 10 Amendment of s 30 (Apprehension on variation or 2 revocation of bail) 3 Section 30(6), after '11(9)'-- 4 insert-- 5 or 11AB 6 Clause 11 Insertion of new s 45 7 After section 44-- 8 insert-- 9 45 Transitional provision for Tackling 10 Alcohol-Fuelled Violence Legislation 11 Amendment Act 2015 12 (1) Section 11AB, as inserted by the amending Act, 13 applies in relation to the release of a person on 14 bail on or after the commencement. 15 (2) For subsection (1), it is irrelevant whether the act 16 or omission constituting the offence in relation to 17 which the person is released on bail happened, or 18 the proceeding for the offence was started, before 19 or after the commencement. 20 (3) For section 29(2)(c), as inserted by the amending 21 Act, a reference to a condition imposed under 22 section 11(9) or 11AB includes a condition 23 imposed under either of those sections before the 24 commencement. 25 (4) In this section-- 26 amending Act means the Tackling 27 Alcohol-Fuelled Violence Legislation 28 Amendment Act 2015. 29 Page 12
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 3 Amendment of Fair Trading Act 1989 [s 12] Part 3 Amendment of Fair Trading Act 1 1989 2 Clause 12 Act amended 3 This part amends the Fair Trading Act 1989. 4 Clause 13 Omission of s 96 (Vicarious liability) 5 Section 96-- 6 omit. 7 Part 4 Amendment of Gaming 8 Machine Act 1991 9 Clause 14 Act amended 10 This part amends the Gaming Machine Act 1991. 11 Clause 15 Amendment of s 235 (Hours of gaming) 12 Section 235(2)-- 13 omit, insert-- 14 (2) The hours of gaming fixed for licensed premises 15 can not extend beyond a period of 2 hours after 16 the time when, under the liquor licence relating 17 to the premises, liquor is not permitted to be sold 18 on the licensed premises. 19 Clause 16 Insertion of new pt 12, div 20 20 Part 12-- 21 insert-- 22 Page 13
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 17] Division 20 Transitional provision for 1 Tackling Alcohol-Fuelled 2 Violence Legislation 3 Amendment Act 2015 4 490 Continuation of hours of gaming for particular 5 gaming machine licences 6 (1) This section applies in relation to a gaming 7 machine licence for licensed premises, if-- 8 (a) the licence was in force immediately before 9 the commencement; and 10 (b) because of the commencement of the 11 Tackling Alcohol-Fuelled Violence 12 Legislation Amendment Act 2015, section 13 62, from 1 July 2016 the hours during which 14 liquor is permitted to be sold on the 15 premises under the Liquor Act 1992 are 16 reduced. 17 (2) Despite amended section 235(2), the hours of 18 gaming fixed for the licensed premises continue 19 to apply as if the hours during which liquor is 20 permitted to be sold on the premises had not been 21 reduced. 22 (3) In this section-- 23 amended section 235(2) means section 235(2) as 24 in force on the commencement. 25 Part 5 Amendment of Liquor Act 1992 26 Clause 17 Act amended 27 This part amends the Liquor Act 1992. 28 Page 14
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 18] Clause 18 Amendment of s 4 (Definitions) 1 (1) Section 4, definition commencement-- 2 omit. 3 (2) Section 4-- 4 insert-- 5 3a.m. safe night precinct means a safe night 6 precinct prescribed by regulation under section 7 173P. 8 car park means an area with a surface designed 9 or adapted for the parking of vehicles, whether or 10 not the area is being used for that purpose. 11 car park approval see section 142ZZE(2). 12 craft beer means beer produced in a craft 13 brewery. 14 craft brewery means premises-- 15 (a) that are either-- 16 (i) licensed premises to which a 17 producer/wholesaler licence relates; or 18 (ii) premises to which an equivalent 19 licence, issued under the law of another 20 State, relates; and 21 (b) at which no more than 5 million litres of 22 beer is produced in any financial year under 23 the licence. 24 document, for part 7, see section 173NR. 25 exemption notice see section 155AL. 26 lock out condition, for part 4, division 8, see 27 section 142AB. 28 promotional event means an event held primarily 29 for the purpose of promoting produce from a 30 particular region or the hospitality industry. 31 Page 15
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 18] Examples of events held primarily for the purpose of 1 promoting produce from a particular region-- 2 craft market, farmers market, agricultural show, food 3 and wine event 4 Examples of events held primarily for the purpose of 5 promoting the hospitality industry-- 6 trade fair, craft beer festival 7 rapid intoxication drink, for part 6, division 1B, 8 see section 155AG. 9 regulated car park, for licensed premises, means 10 a car park, or part of a car park, that is in or on the 11 licensed premises. 12 related body corporate has the same meaning as 13 in the Corporations Act 2001 (Cwlth), section 9. 14 restricted period, for part 6, division 1B, see 15 section 155AH(1). 16 restriction, on the sale or supply of rapid 17 intoxication drinks for part 6, division 1B, see 18 section 155AI(2). 19 (3) Section 4, definition investigator, paragraphs (b) and (c)-- 20 omit, insert-- 21 (b) a police officer; or 22 (c) for the administration and enforcement of 23 sections 168B, 169 and 171--a community 24 police officer. 25 (4) Section 4, definition risk-assessed management plan, 26 'practices'-- 27 omit, insert-- 28 practices, relating to the matters prescribed by 29 regulation, 30 (5) Section 4, definition trading period, paragraph (a)-- 31 omit, insert-- 32 Page 16
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 19] (a) for part 5, division 5, see section 1 142AA(1)(a)(ii); and 2 Clause 19 Replacement of s 4B (Meaning of liquor) 3 Section 4B-- 4 omit, insert-- 5 4B Meaning of liquor 6 (1) Liquor is a spirituous or fermented fluid or 7 another substance-- 8 (a) in which the level of ethyl alcohol (ethanol) 9 is more than 0.5% by volume at 20ºC; and 10 (b) that is intended for human consumption. 11 Examples of spirituous or fermented fluids-- 12 alcoholic cocktails, beers, liqueurs, pre-mixed alcoholic 13 drinks, spirits and wines 14 Examples of other substances-- 15 aerosol sprays, ice confections, jellies and powders 16 (2) Liquor also includes any other substance 17 containing ethyl alcohol (ethanol) that is 18 prescribed by regulation as liquor. 19 Clause 20 Replacement of s 6 (Acceptable evidence of age) 20 Section 6-- 21 omit, insert-- 22 6 Acceptable evidence of age 23 (1) For this Act, acceptable evidence of the age of a 24 person is a document, issued to the person, that-- 25 (a) is 1 of the following-- 26 (i) an adult proof of age card; 27 (ii) a recognised proof of age card; 28 (iii) an Australian driver licence; 29 Page 17
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 20] (iv) a foreign driver licence; 1 (v) an Australian or foreign passport; and 2 (b) is current; and 3 (c) bears a photo of the person; and 4 (d) indicates, by reference to the person's date 5 of birth or otherwise, the person has attained 6 a particular age. 7 (2) In this section-- 8 adult proof of age card see the Adult Proof of 9 Age Card Act 2008, section 5. 10 Australian driver licence see the Transport 11 Operations (Road Use Management) Act 1995, 12 schedule 4. 13 authorised entity means-- 14 (a) an entity of the Commonwealth or another 15 State performing functions similar to the 16 functions of the chief executive under the 17 Adult Proof of Age Card Act 2008; or 18 (b) an entity-- 19 (i) approved by an entity mentioned in 20 paragraph (a) to issue documents used 21 as evidence of the age of persons; and 22 (ii) approved, in writing, by the 23 commissioner. 24 foreign driver licence see the Transport 25 Operations (Road Use Management) Act 1995, 26 schedule 4. 27 recognised proof of age card means a document 28 issued to a person, by an authorised entity, for the 29 purpose of evidencing the age of the person. 30 Page 18
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 21] Clause 21 Insertion of new s 14AB 1 After section 14A-- 2 insert-- 3 14AB Exemption for particular liquors 4 (1) This Act does not apply to liquor if it is to be 5 used only as-- 6 (a) a preservative or medium in which fruit is 7 offered for sale to the public in sealed 8 containers and with the contents visible; or 9 (b) a food additive or an ingredient for food 10 preparation; or 11 Examples of food additives or ingredient for food 12 preparation-- 13 Chinese cooking wine and soy sauce 14 (c) a personal hygiene product that is not 15 swallowed; or 16 Examples of personal hygiene products-- 17 perfumes, mouthwashes and topical disinfectants 18 (d) a medicine or for medicinal or chemical 19 purposes. 20 Example of a substance used as a medicine or for 21 medicinal or chemical purposes-- 22 cough syrup 23 (2) However, this Act does apply to a substance that 24 is liquor mentioned in subsection (1) if-- 25 (a) the substance is being used as a beverage or 26 for manufacturing a beverage; or 27 (b) all of the following apply-- 28 (i) a regulation prescribes the substance 29 for this paragraph; 30 (ii) the substance is sold otherwise than by 31 wholesale; 32 Page 19
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 22] (iii) if the regulation prescribes a maximum 1 amount of the substance that may be 2 contained in a container in which the 3 substance is sold--the substance is 4 sold in a container containing more 5 than the amount prescribed. 6 Clause 22 Amendment of s 14B (Other exemptions for the sale of 7 liquor) 8 (1) Section 14B(1)(a), (b) and (e)-- 9 omit. 10 (2) Section 14B(1)(c) to (n)-- 11 renumber as section 14B(1)(a) to (k). 12 (3) Section 14B(1)(j)(v) and (k)(iv), as renumbered, '5a.m.'-- 13 omit, insert-- 14 2a.m. 15 (4) Section 14B(2), definition bed and breakfast accommodation, 16 paragraph (c), '6'-- 17 omit, insert-- 18 8 adult 19 Clause 23 Amendment of s 21 (Jurisdiction and powers of tribunal) 20 Section 21(1)-- 21 insert-- 22 (y) a decision to refuse, vary or revoke an 23 exemption from the restriction on the sale of 24 rapid intoxication drinks under section 25 155AK or 155AP. 26 Page 20
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 24] Clause 24 Amendment of s 73 (Authority of producer/wholesaler 1 licence) 2 (1) Section 73-- 3 insert-- 4 (1A) Also, a producer/wholesaler licence authorises 5 the licensee, if the licensee is a producer of 6 liquor, to-- 7 (a) sell craft beer, produced by the licensee on 8 the licensed premises, to persons at a 9 promotional event, for consumption away 10 from the event, if-- 11 (i) the licence is subject to a condition 12 mentioned in section 74A(2)(a); and 13 (ii) the organiser of the promotional event 14 has given the licensee written consent 15 to sell craft beer to persons at the event; 16 or 17 (b) supply craft beer, produced by the licensee 18 on the licensed premises, to persons at a 19 promotional event, for consumption at the 20 event, free of charge and for the purpose of 21 sampling the craft beer, if-- 22 (i) the licence is subject to a condition 23 mentioned in section 74A(2)(b); and 24 (ii) the organiser of the promotional event 25 has given the licensee written consent 26 to supply craft beer samples to persons 27 at the event. 28 (2) Section 73(2), 'under subsection (1)'-- 29 omit, insert-- 30 under subsection (1) or (2) 31 (3) Section 73(1A) and (2)-- 32 renumber as section 73(2) and (3). 33 Page 21
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 25] Clause 25 Insertion of new s 74A 1 After section 74-- 2 insert-- 3 74A Sale or supply of craft beer at promotional 4 event 5 (1) This section applies if the commissioner is 6 satisfied licensed premises for a 7 producer/wholesaler licence are a craft brewery. 8 (2) The commissioner may impose a condition on 9 the licence authorising the licensee to-- 10 (a) sell craft beer, produced by the licensee at 11 the craft brewery, to persons at a 12 promotional event, for consumption away 13 from the event; or 14 (b) supply craft beer, produced by the licensee 15 at the craft brewery, to persons at a 16 promotional event, for consumption at the 17 event if-- 18 (i) the supply is for persons to sample the 19 craft beer; and 20 (ii) no charge is made for the sample. 21 (3) The commissioner must not impose a condition 22 under subsection (2) if-- 23 (a) the total number of producer/wholesaler 24 licences, or equivalent licences issued under 25 the law of another State, held by the 26 licensee, and any related body corporate of 27 the licensee, is more than 1; and 28 (b) more than 5 million litres of beer is 29 produced, in any financial year, at 1 or more 30 of the following premises-- 31 (i) licensed premises for a 32 producer/wholesaler licence mentioned 33 in paragraph (a); 34 Page 22
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 26] (ii) premises to which an equivalent 1 licence, mentioned in paragraph (a), 2 relates. 3 (4) For subsection (2)(a), unless a further condition 4 imposed on the licence under subsection (5)(a) 5 states otherwise, the total volume of craft beer 6 that may be sold and supplied to each person at 7 the promotional event, for consumption away 8 from the event, is 9 litres. 9 (5) If the commissioner imposes a condition under 10 subsection (2), the commissioner may also 11 impose further conditions on the licence in 12 relation to the following-- 13 (a) the total volume of the licensee's craft beer 14 that may be sold to each person at a 15 promotional event for consumption away 16 from the event; 17 (b) for craft beer that may be supplied to 18 persons at a promotional event, for 19 consumption at the event, free of charge and 20 for the purpose of sampling the craft beer-- 21 (i) the total volume of the craft beer that 22 may be supplied to each person at the 23 event for the purpose of sampling; or 24 (ii) the volume of the individual samples 25 that may be supplied to persons at the 26 event. 27 (6) This section does not limit the power of the 28 commissioner, under part 5, to impose, amend or 29 revoke conditions on a licence. 30 Clause 26 Amendment of s 75 (Restriction on sale of liquor under 31 producer/wholesaler licence) 32 Section 75(2)-- 33 insert-- 34 Page 23
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 27] (c) to the extent the holder is authorised under 1 section 73(2) to sell or supply craft beer 2 produced by the holder to persons at a 3 promotional event--sell or supply the craft 4 beer to persons at the event. 5 Clause 27 Insertion of new s 75A 6 Part 4, division 4-- 7 insert-- 8 75A Venue of promotional event not licensed 9 premises for producer/wholesaler licence 10 (1) This section applies if a holder of a 11 producer/wholesaler licence is authorised under 12 section 73(2) to sell or supply craft beer, 13 produced by the holder, to persons at a 14 promotional event. 15 (2) The following are not licensed premises for the 16 producer/wholesaler licence, or premises to 17 which the producer/wholesaler licence relates-- 18 (a) the venue of the promotional event; 19 (b) a part of the venue. 20 (3) However, a relevant part 6 provision applies as if 21 a reference in the provision to licensed premises, 22 or premises to which a licence relates, includes-- 23 (a) if the commissioner imposes a condition on 24 the producer/wholesaler licence defining the 25 area at the venue of the event in which the 26 craft beer may be sold or supplied by the 27 holder to persons at the event--the area 28 defined in the condition; or 29 (b) otherwise--the area, at the venue of the 30 event, allocated by the organiser of the event 31 to the holder for the purpose of selling or 32 supplying craft beer produced by the holder 33 to persons at the event. 34 Page 24
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 28] (4) Also, section 142ZZC applies to the holder as if 1 subsection (2)(b) of that section were omitted. 2 (5) In this section-- 3 relevant part 6 provision means a provision of 4 part 6 other than the following provisions-- 5 (a) part 6, division 1AB; 6 (b) section 143; 7 (c) sections 144 to 145A; 8 (d) section 148AA; 9 (e) section 150; 10 (f) section 153; 11 (g) sections 154 to 155AB; 12 (h) part 6, division 1A; 13 (i) section 157(1); 14 (j) sections 162 and 163; 15 (k) section 168A; 16 (l) part 6, division 5. 17 Clause 28 Amendment of s 77 (Authority of community club licence) 18 (1) Section 77(1)(a)(i) and (ii)-- 19 omit, insert-- 20 (i) a member of the club for consumption 21 on or off the premises; or 22 (ii) a member of a reciprocal club, whose 23 members' reciprocal rights are secured 24 by formal reciprocal arrangements, for 25 consumption on or off the premises; or 26 (2) Section 77(1)(a)(iv) and (v)-- 27 omit, insert-- 28 Page 25
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 29] (iv) a guest of a person mentioned in 1 subparagraph (i) or (ii), in the person's 2 company, for consumption on or off the 3 premises; or 4 (v) a visitor to the club, for consumption 5 on or off the premises, whose ordinary 6 place of residence is in-- 7 (A) another State or in a foreign 8 country; or 9 (B) the State, at least 15km from the 10 club's premises; or 11 Clause 29 Amendment of s 86 (Hours to which application may 12 relate etc.) 13 (1) Section 86(1), from 'between'-- 14 omit, insert-- 15 between-- 16 (a) for a commercial special facility licence 17 relating to an airport or casino--12a.m. and 18 5a.m.; or 19 (b) for a licence relating to premises in a 3a.m. 20 safe night precinct--12a.m. and 3a.m.; or 21 (c) otherwise--12a.m. and 2a.m. 22 (2) Section 86(2A), from 'include trading'-- 23 omit, insert-- 24 include the following-- 25 (a) trading between 9a.m. and 10a.m.; 26 (b) for a commercial special facility licence 27 relating to an airport or casino--trading 28 between 10p.m. and midnight. 29 Page 26
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 30] Clause 30 Amendment of s 100 (Available permits) 1 Section 100-- 2 insert-- 3 (g) a craft beer producer permit. 4 Clause 31 Amendment of s 103G (Authority of extended hours 5 permit) 6 Section 103G-- 7 insert-- 8 Note-- 9 The extended hours permit may be subject to a lock out 10 condition. See part 5, division 5. 11 Clause 32 Insertion of new pt 4A, div 8 12 Part 4A-- 13 insert-- 14 Division 8 Craft beer producer 15 permits 16 103W Authority of craft beer producer permit 17 (1) A craft beer producer permit authorises the 18 permittee to-- 19 (a) sell craft beer, produced by the permittee at 20 the permittee's craft brewery, to persons at a 21 promotional event, with the written consent 22 of the organiser of the event, for 23 consumption away from the event; or 24 Note-- 25 See section 172(4) in relation to the sale of craft 26 beer by a permittee to persons at the promotional 27 event by the taking or receiving of orders. 28 (b) supply craft beer, produced by the permittee 29 at the permittee's craft brewery, to persons 30 Page 27
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 32] at a promotional event, with the written 1 consent of the organiser of the event, for 2 consumption at the event, free of charge and 3 for the purpose of sampling the craft beer. 4 (2) A craft beer producer permit applies-- 5 (a) if the permit is granted for a single 6 promotional event--during the promotional 7 event; or 8 (b) if the permit is granted for a recurring 9 promotional event--during each occurrence 10 of the event-- 11 (i) while the permit is in force; and 12 (ii) only if, for each occurrence-- 13 (A) the same place is used; and 14 (B) the type of event remains the 15 same. 16 Example of a recurring promotional event-- 17 a fortnightly farmers market 18 (3) For subsection (1)(a), unless a condition imposed 19 on the permit states otherwise, the total volume 20 of craft beer that may be sold and supplied to 21 each person at the promotional event, for 22 consumption away from the event, is 9 litres. 23 (4) A craft beer producer permit is subject to the 24 conditions stated in the permit. 25 103X Restriction on grant of craft beer producer 26 permit 27 (1) The commissioner may grant a craft beer 28 producer permit only-- 29 (a) to the operator of a craft brewery; and 30 (b) if the commissioner is satisfied the operator 31 will only sell or supply, to persons at the 32 Page 28
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 32] promotional event that is the subject of the 1 permit, craft beer produced at the operator's 2 craft brewery. 3 (2) However, the commissioner must not grant a 4 craft beer producer permit if-- 5 (a) the total number of producer/wholesaler 6 licences, or equivalent licences issued under 7 the law of another State, held by the 8 operator, and any related body corporate of 9 the operator, is more than 1; and 10 (b) more than 5 million litres of beer is 11 produced, in any financial year, at 1 or more 12 of the following premises-- 13 (i) licensed premises for a 14 producer/wholesaler licence mentioned 15 in paragraph (a); 16 (ii) premises to which an equivalent 17 licence, mentioned in paragraph (a), 18 relates. 19 103Y Duration of craft beer producer permit 20 A craft beer producer permit-- 21 (a) is issued for the term stated in it, of not 22 longer than 3 months, unless it is sooner 23 surrendered, suspended or cancelled under 24 this Act; and 25 (b) is not renewable; and 26 (c) is not transferable. 27 103Z Premises to which craft beer producer permit 28 relates 29 The premises to which a craft beer producer permit 30 relates is-- 31 Page 29
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 32] (a) if the commissioner imposes a condition on 1 the permit defining the area, at the venue of 2 the promotional event the subject of the 3 permit, in which the craft beer may be sold 4 or supplied by the permittee to persons at 5 the event--the area defined in the condition; 6 or 7 (b) otherwise--the area, at the venue of the 8 event, allocated by the organiser of the event 9 to the permittee for the purpose of selling or 10 supplying craft beer produced by the 11 permittee to persons at the event. 12 103ZA Conditions on craft beer producer permits 13 (1) The commissioner may impose conditions on a 14 craft beer producer permit in relation to the 15 following-- 16 (a) the total volume of the permittee's craft beer 17 that may be sold to each person at a 18 promotional event for consumption away 19 from the event; 20 (b) for craft beer that may be supplied to 21 persons at a promotional event, for 22 consumption at the event, free of charge and 23 for the purpose of sampling the craft beer-- 24 (i) the total volume of the craft beer that 25 may be supplied to each person at the 26 event for the purpose of sampling; or 27 (ii) the volume of the individual samples 28 that may be supplied to persons at the 29 event. 30 (2) This section does not limit the power of the 31 commissioner, under part 5, to impose, amend or 32 revoke conditions on a permit. 33 Page 30
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 33] Clause 33 Amendment of s 105A (Additional requirement for 1 particular applications--risk-assessed management 2 plan) 3 (1) Section 105A(1), from 'a subsidiary'-- 4 omit, insert-- 5 any of the following licences relating to low risk 6 premises-- 7 (a) a subsidiary on-premises licence (meals); 8 (b) a subsidiary off-premises licence if the 9 principal activity stated in the licence is the 10 provision of-- 11 (i) floral arrangements; or 12 (ii) gift baskets. 13 (2) Section 105A(3), 'subsidiary on-premises licence (meals)'-- 14 omit, insert-- 15 licence mentioned in subsection (1)(a) or (b) 16 (3) Section 105A(6), definition low risk premises, paragraph 17 (a)-- 18 omit, insert-- 19 (a) if the application were to be granted, the 20 premises would not be the subject of-- 21 (i) an adult entertainment permit; or 22 (ii) an extended trading hours approval that 23 extends trading hours to include 24 trading between 12a.m. and 5a.m.; 25 (4) Section 105A(6), definition relevant application, paragraph 26 (f)-- 27 omit, insert-- 28 (f) a car park approval. 29 Page 31
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 34] Clause 34 Amendment of s 107C (Commissioner may impose 1 conditions on licences and permits) 2 Section 107C(2), example, 'section 142AA(4)'-- 3 omit, insert-- 4 section 142AA(3) 5 Clause 35 Amendment of s 112 (Procedure for variation by 6 commissioner) 7 Section 112(2)-- 8 omit, insert-- 9 (2) This section does not apply to-- 10 (a) a variation of a licence for a disciplinary 11 action relating to the licence under section 12 137A; or 13 (b) the imposition of a condition on a licence 14 for an exemption from the restriction on 15 rapid consumption drinks under section 16 155AN; or 17 (c) the variation of a condition under section 18 155AP. 19 Clause 36 Amendment of s 136 (Grounds for disciplinary action) 20 (1) Section 136(1)(a)(iv)-- 21 renumber as section 136(1)(a)(v). 22 (2) Section 136(1)(a)-- 23 insert-- 24 (iv) comply with a condition stated in a car 25 park approval for the licensed 26 premises; or 27 Page 32
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 37] Clause 37 Insertion of new s 137CB 1 After section 137CA-- 2 insert-- 3 137CB Immediate suspension of car park approval 4 (1) This section applies if the commissioner believes 5 on reasonable grounds a ground mentioned in 6 section 136(1)(a)(iv) exists for taking 7 disciplinary action in relation to a licence. 8 (2) The commissioner may immediately suspend the 9 car park approval by giving the licensee a written 10 notice that-- 11 (a) states the car park approval is suspended; 12 and 13 (b) complies with section 157(2) of the tribunal 14 Act. 15 (3) The suspension takes effect immediately after the 16 notice is given to the licensee. 17 (4) At the same time the commissioner gives the 18 licensee the notice, the commissioner must give 19 the licensee a notice under section 137(1). 20 (5) The suspension continues until the first of the 21 following happens-- 22 (a) the commissioner revokes it; 23 (b) the commissioner, under section 137B(1), 24 gives the licensee notice of the 25 commissioner's decision under section 26 137A(1) or (4); 27 (c) the end of 60 days after the notice under 28 subsection (3) was given to the licensee. 29 Clause 38 Replacement of ss 142AA and 142AB 30 Sections 142AA and 142AB-- 31 Page 33
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 38] omit, insert-- 1 142AA Application of division 2 (1) This division applies to licensed premises-- 3 (a) if-- 4 (i) the premises are located in a 3a.m. safe 5 night precinct; and 6 (ii) the licensee for the premises is 7 authorised to sell or supply liquor 8 during all or any part of the period 9 between 1a.m. and 3a.m. (the trading 10 period) on a regular basis under an 11 extended trading hours approval; or 12 (b) if-- 13 (i) the licensee for the premises is 14 authorised to sell or supply liquor 15 during all or any part of the trading 16 period on a day under an extended 17 trading hours permit; and 18 (ii) it is a condition of the permit that this 19 division applies. 20 (2) However, this division does not apply-- 21 (a) on Anzac Day if the licensed premises or 22 premises to which the permit relates are an 23 RSL or Services Club; or 24 (b) on New Year's Day; or 25 (c) to a commercial special facility licence 26 relating to an airport or casino; or 27 (d) to that part of licensed premises used 28 principally for the residential 29 accommodation of guests staying on the 30 premises. 31 (3) Further, this division does not apply if a 32 condition stated in a licensee's licence requires 33 Page 34
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 39] that a patron of the licensed premises must not be 1 allowed to enter the premises during a period 2 starting at a time earlier than 1a.m. 3 (4) For subsection (1), it is immaterial whether or not 4 the trading period is part of another period during 5 which the licensee is authorised under this Act to 6 sell or supply liquor on the premises. 7 142AB Licence subject to lock out condition 8 (1) It is a condition (a lock out condition) of the 9 holder's licence or permit that a patron of the 10 licensed premises must not be allowed to enter 11 the premises during the trading period. 12 Example-- 13 A patron of licensed premises leaves the premises and a 14 short time later re-enters the premises. The re-entry is a 15 separate entry of the premises. 16 (2) However, the condition does not apply in relation 17 to a resident or a guest of a resident while in the 18 resident's company, who is entering the premises. 19 (3) The holder must comply with the condition. 20 Maximum penalty--100 penalty units. 21 Clause 39 Amendment of s 142AE (Application of div 6) 22 Section 142AE(4)-- 23 insert-- 24 (d) section 142AI(a) and (b) does not apply to a 25 licensee to the extent an incident mentioned 26 in section 142AI(a) must be recorded in a 27 register kept by the licensee under the 28 Security Providers Act 1993. 29 Page 35
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 40] Clause 40 Amendment of s 142ZAA (Immediate 1 cancellation--identified participants) 2 (1) Section 142ZAA(2)-- 3 omit, insert-- 4 (2) The commissioner must, as soon as practicable 5 after the person becomes a disqualified person, 6 give written notice of the cancellation of the 7 approval to-- 8 (a) the person; and 9 (b) if the commissioner knows or suspects the 10 person is employed by a licensee for 11 licensed premises or a permittee for 12 premises to which a permit relates--the 13 licensee or permittee. 14 (2) Section 142ZAA(3), after 'written notice'-- 15 insert-- 16 given to the disqualified person 17 Clause 41 Amendment of s 142ZE (Suspension or cancellation) 18 (1) Section 142ZE(4)-- 19 omit, insert-- 20 (4) The commissioner must, as soon as practicable 21 after making the decision, give written notice of 22 the decision to-- 23 (a) the holder of the approval; and 24 (b) if the commissioner knows or suspects the 25 holder of the approval is employed by a 26 licensee for licensed premises or a permittee 27 for premises to which a permit relates--the 28 licensee or permittee. 29 (2) Section 142ZE(4A), after 'written notice'-- 30 insert-- 31 Page 36
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 42] given to the holder of the approval 1 Clause 42 Insertion of new pt 6, div 1AB 2 Part 6-- 3 insert-- 4 Division 1AB Sale, supply and 5 consumption of liquor in 6 car parks 7 142ZZE Sale, supply or consumption of liquor in 8 car park 9 (1) A licensee must not, in a regulated car park for 10 the licensee's licensed premises-- 11 (a) sell or supply liquor; or 12 (b) allow liquor to be consumed. 13 Maximum penalty--25 penalty units. 14 (2) Subsection (1) does not apply to the extent the 15 licensee is authorised, under an approval (a car 16 park approval) granted by the commissioner, to 17 sell or supply liquor, or allow liquor to be 18 consumed, in the regulated car park. 19 142ZZF Application for car park approval 20 (1) A licensee may apply for a car park approval for 21 the licensed premises. 22 (2) In addition to the requirements under section 23 105, the application must-- 24 (a) identify the licensed premises to which the 25 approval will apply; and 26 (b) state the days on which the licensee 27 proposes to sell or supply liquor, or allow 28 Page 37
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 42] liquor to be consumed, in a regulated car 1 park. 2 142ZZG Commissioner's consideration of 3 application 4 (1) When considering an application for a car park 5 approval, the commissioner must consider the 6 effect on the health and safety of members of the 7 public, and the amenity of the community or 8 locality, that-- 9 (a) the grant of the approval may have; and 10 (b) if the licensee has previously been granted 11 authority under this Act to sell or supply 12 liquor, or allow liquor to be consumed, in a 13 car park, including under a car park 14 approval (whether or not for the licensed 15 premises the subject of the 16 application)--the grant of that authority 17 had. 18 (2) If an application for a car park approval states 19 more than 1 day on which the licensee proposes 20 to sell or supply liquor, or allow liquor to be 21 consumed, in a regulated car park, the 22 commissioner may grant the car park approval 23 for some or all of the stated days. 24 142ZZH Restriction on grant of car park approval 25 (1) This section applies if the commissioner is 26 satisfied a licensee has failed to comply with a 27 condition of a car park approval (the earlier 28 approval) for a regulated car park. 29 (2) The commissioner must not grant another car 30 park approval to the licensee for the regulated car 31 park for a day that is less than 3 months after the 32 day the commissioner became satisfied of the 33 Page 38
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 42] failure to comply with the condition of the earlier 1 approval. 2 142ZZI Conditions on car park approval 3 (1) The commissioner may impose conditions on a 4 car park approval-- 5 (a) to give effect to the main purpose of this Act 6 mentioned in section 3(a); or 7 (b) to ensure appropriate compliance with this 8 Act; or 9 (c) to minimise alcohol-related disturbances, or 10 public disorder, in the locality; or 11 (d) about the provision of amplified 12 entertainment, including, for example, 13 amplified music, in the regulated car park; 14 or 15 Examples for paragraph (d)-- 16 • a condition prohibiting the provision of 17 amplified entertainment 18 • a condition about the maximum volume at 19 which amplified entertainment may be 20 provided 21 • a condition about the times during which 22 amplified entertainment may be provided 23 (e) about other noise, including patron noise, 24 resulting from or associated with the sale, 25 supply or consumption of liquor in the 26 regulated car park. 27 (2) Section 128C applies to the commissioner's 28 power, under subsection (1)(a), to impose 29 conditions on a car park approval as if a reference 30 in section 128C to a licence or permit under part 31 5 were a reference to a car park approval. 32 Page 39
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 43] 142ZZJ Authority of car park approval 1 (1) A car park approval authorises the licensee to sell 2 or supply liquor, or allow liquor to be consumed, 3 in a regulated car park-- 4 (a) to which the approval applies; and 5 (b) on the days, and during the hours, stated in 6 the approval; and 7 (c) subject to the conditions stated in the 8 approval. 9 (2) A car park approval must not authorise the sale, 10 supply or consumption of liquor, outside the 11 trading hours authorised under the licence for the 12 licensed premises. 13 (3) A regulation may prescribe the maximum period 14 for which a car park approval may be granted. 15 Clause 43 Insertion of new s 143B 16 After section 143A-- 17 insert-- 18 143B Particulars to be displayed for exemption 19 from restriction on the sale or supply of rapid 20 intoxication drinks 21 A licensee who is exempt from the restriction on the 22 sale or supply of rapid intoxication drinks for licensed 23 premises under section 155AK must, at all times while 24 the exemption is in force, keep the exemption notice at 25 the premises. 26 Maximum penalty--25 penalty units. 27 Clause 44 Insertion of new s 148AB 28 Part 6-- 29 insert-- 30 Page 40
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 45] 148AB Restriction on sale of craft beer 1 (1) A licensee or permittee authorised under this Act 2 to sell, to persons at a promotional event, craft 3 beer produced by the licensee or permittee must 4 not sell the craft beer to a person, or permit or 5 allow the craft beer to be sold to a person-- 6 (a) for consumption at the promotional event; or 7 (b) in unsealed containers. 8 Maximum penalty--100 penalty units. 9 (2) A licensee or permittee authorised under this Act 10 to supply, to persons at a promotional event, craft 11 beer produced by the licensee or permittee for 12 consumption at the event, free of charge and for 13 the purpose of sampling the craft beer, must 14 not-- 15 (a) charge a person for a sample; or 16 (b) allow or permit a person to be charged for a 17 sample. 18 Maximum penalty--100 penalty units. 19 Clause 45 Omission of s 153A (Sale, supply or consumption of 20 liquor in car park) 21 Section 153A-- 22 omit. 23 Clause 46 Amendment of s 155 (Minors on premises) 24 Section 155(4), definition exempt minor, paragraph (d), 'other 25 licence'-- 26 omit, insert-- 27 Page 41
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 47] other licence, craft beer producer permit 1 Clause 47 Amendment of s 155AC (Application of div 1A) 2 Section 155AC(1)(b)-- 3 omit, insert-- 4 (b) premises to which a permit relates, other 5 than premises to which-- 6 (i) a craft beer producer permit relates; or 7 (ii) a community liquor permit or restricted 8 liquor permit relates if liquor is served 9 or supplied at the premises only by 10 volunteers. 11 Clause 48 Amendment of s 155AD (Who must be present or 12 reasonably available at licensed premises etc.) 13 (1) Section 155AD(2)(b), from 'during approved' to 'relates.'-- 14 omit, insert-- 15 at the licensed premises or premises to 16 which the permit relates during approved 17 extended trading hours between-- 18 (i) for a commercial special facility 19 licence relating to an airport or casino 20 or an extended hours permit--12a.m. 21 and 5a.m.; or 22 (ii) for a licence relating to premises 23 located in a 3a.m. safe night 24 precinct--12a.m. and 3a.m.; or 25 (iii) otherwise--12a.m. and 2a.m. 26 (2) Section 155AD(3)(b), from 'during approved' to 'relates.'-- 27 omit, insert-- 28 Page 42
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 49] at the licensed premises or premises to 1 which the permit relates during approved 2 extended trading hours between-- 3 (i) for a commercial special facility 4 licence relating to an airport or casino 5 or an extended hours permit--12a.m. 6 and 5a.m.; or 7 (ii) for a licence relating to premises 8 located in a 3a.m. safe night 9 precinct--12a.m. and 3a.m.; or 10 (iii) otherwise--12a.m. and 2a.m. 11 Clause 49 Insertion of new pt 6, div 1B 12 Part 6-- 13 insert-- 14 Division 1B Banning sale or supply of 15 rapid intoxication drinks 16 during restricted period 17 155AG Meaning of rapid intoxication drink 18 A drink that includes liquor is a rapid intoxication 19 drink if-- 20 (a) it is of a type that facilitates or encourages 21 rapid intoxication because the drink-- 22 (i) is designed to be consumed rapidly; or 23 (ii) contains a high percentage of alcohol; 24 and 25 (b) the type of drink is prescribed by regulation 26 for this section. 27 Page 43
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 49] 155AH Application of division 1 (1) This division applies to licensed premises, or 2 premises to which a permit relates, if the licensee 3 or permittee for the premises is authorised under 4 this Act to sell or supply liquor on the premises 5 during all or any part of the period starting at 6 12a.m. on a day and ending at 5a.m. on the day 7 (the restricted period). 8 (2) However, this division does not apply to-- 9 (a) an airport or casino to which a commercial 10 special facility licence relates; or 11 (b) premises to which an industrial canteen 12 licence relates. 13 155AI Prohibition on sale or supply of rapid 14 intoxication drinks during restricted period 15 (1) A licensee or permittee for licensed premises or 16 premises to which a permit relates must not, 17 during the restricted period, sell or supply a rapid 18 intoxication drink at the premises. 19 Maximum penalty--100 penalty units. 20 (2) The requirement under subsection (1) is the 21 restriction on the sale or supply of a rapid 22 intoxication drink by the licensee or permittee. 23 (3) However, subsection (1) does not apply to a 24 licensee in relation to the premises to the extent 25 an exemption granted under section 155AK is in 26 force for the premises. 27 155AJ Applying for exemption 28 A licensee may apply to the commissioner for an 29 exemption from the restriction on the sale or supply of 30 rapid intoxication drinks for licensed premises or a 31 part of licensed premises. 32 Page 44
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 49] 155AK Granting exemption 1 (1) The commissioner may grant the exemption if 2 the commissioner is satisfied-- 3 (a) the licensed premises or part of the premises 4 the subject of the application-- 5 (i) are used primarily for the sale or 6 supply of premium spirits; and 7 (ii) have the capacity to seat not more than 8 60 patrons at any one time; and 9 (b) if the application relates to a part of licensed 10 premises--the part of the premises consists 11 of a fixed area capable of being defined on a 12 permanent or semipermanent basis; and 13 Example-- 14 A part of the premises may be defined on a 15 permanent or semipermanent basis by walls or 16 other structures. 17 (c) the exemption would not otherwise have an 18 adverse impact on the health and safety of 19 members of the public or the amenity of a 20 community or locality; and 21 (d) the way in which liquor is served at the 22 premises is unlikely to result in the rapid 23 consumption of liquor, having regard to, for 24 example, the size of the offerings of liquor 25 typically served at the premises; and 26 (e) the type and quality of liquor sold, and the 27 way in which liquor is served at the 28 premises, differs from other types and 29 qualities of liquor sold, and ways in which 30 liquor is served, in the locality. 31 (2) The exemption may be granted in relation to-- 32 (a) all or a part of the licensed premises; and 33 Page 45
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 49] (b) 1 or more types of rapid intoxication drinks; 1 and 2 (c) all or part of the restricted period. 3 (3) If the commissioner refuses the exemption, the 4 commissioner must give the licensee an 5 information notice for the decision. 6 (4) In this section-- 7 premium spirits means liquor prescribed by 8 regulation for this definition that has, or is of, a 9 higher value or quality than ordinary liquor. 10 155AL Exemption notice 11 (1) If the commissioner decides to grant the 12 exemption, the commissioner must give the 13 licensee a notice (an exemption notice) under 14 this section. 15 (2) The exemption takes effect on the day stated in 16 the exemption notice. 17 (3) The exemption notice must also state-- 18 (a) if the exemption is granted for a part of the 19 premises--the part of the premises to which 20 the exemption relates; and 21 (b) the type or types of rapid intoxication drinks 22 to which the exemption relates; and 23 (c) if the exemption is granted for a part of the 24 restricted period--the part of the period; and 25 (d) any other requirements the commissioner 26 considers necessary-- 27 (i) to remain satisfied of a matter 28 mentioned in section 155AK(1)(a) to 29 (d); and 30 (ii) relating to a matter mentioned in 31 section 155AK(2). 32 Page 46
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 49] 155AM Effect of exemption for extended hours 1 permits 2 If an extended hours permit is granted for the licensed 3 premises, the exemption applies for the hours during 4 which the licensee or permittee is authorised, under 5 the permit, to sell or supply liquor on the premises, 6 unless the permit states otherwise. 7 155AN Commissioner must impose licence 8 conditions for exemption 9 The commissioner must, on granting the exemption, 10 impose a condition on the licensee's licence stating 11 that while the exemption is in force for the licensed 12 premises-- 13 (a) the licensee must not allow the sale or 14 supply of liquor at the premises in a way 15 that encourages patrons to consume 16 excessive amounts of liquor or consume 17 liquor more rapidly than they would 18 otherwise do; and 19 (b) if the premises to which the exemption 20 relates are a part of licensed premises, the 21 licensee must not allow patrons to take 22 liquor from the premises to another part of 23 the licensed premises; and 24 (c) the licensee must comply with the matters 25 stated in the exemption under section 26 155AL(3), or any variation of those matters 27 made under section 155AP. 28 155AO Commissioner may suspend exemption 29 (1) The commissioner may, by written notice, 30 immediately suspend the exemption if the 31 commissioner believes on reasonable grounds 32 that the licensee or permittee has failed to comply 33 with the conditions imposed on the licence or 1 Page 47
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 49] permit under section 155AN. 2 (2) The suspension takes effect when the notice is 3 given to the licensee or permittee. 4 (3) The suspension continues until the first of the 5 following happens-- 6 (a) the commissioner, by written notice, ends 7 the suspension; 8 (b) the commissioner decides to vary or revoke 9 the exemption under section 155AP; 10 (c) the end of 60 days after the suspension takes 11 effect. 12 155AP Varying or revoking suspension 13 (1) After suspending the exemption, the 14 commissioner may vary or revoke the exemption, 15 if the commissioner believes on reasonable 16 grounds the licensee will continue to fail to 17 comply with the conditions imposed on the 18 licence under section 155AN. 19 (2) Before varying or revoking the exemption, the 20 commissioner must give a written notice to the 21 licensee stating-- 22 (a) the proposed variation, or that the 23 commissioner proposes to revoke the 24 exemption (either of which is the proposed 25 action); and 26 (b) the reasons for the proposed action; and 27 (c) that the licensee may, within 14 days after 28 receiving the notice, give the commissioner 29 a written notice of objection to the proposed 30 action. 31 (3) The licensee may, within 14 days after receiving 1 the notice, give to the commissioner a written 2 notice of objection to the proposal. 3 Page 48
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 50] (4) If, after considering the notice of objection, the 4 commissioner still believes the licensee will 5 continue to fail to comply with the conditions, 6 the commissioner may, by written notice given to 7 the licensee, take the proposed action. 8 (5) The notice must be accompanied by an 9 information notice for the decision. 10 (6) If the commissioner decides to-- 11 (a) vary the exemption, the commissioner must 12 give the licensee an amended exemption 13 notice showing the exemption as varied; or 14 (b) revoke the exemption, the commissioner 15 must vary the conditions of the licence to 16 remove the conditions mentioned in section 17 155AN. 18 Clause 50 Amendment of s 158 (False representation of age) 19 Section 158(3), from 'a proof of age' to 'be false'-- 20 omit, insert-- 21 a document that is acceptable evidence of the age of 22 the person 23 Clause 51 Amendment of s 159 (Wrongful dealing with genuine 24 evidence of age) 25 Section 159(1)(b), from 'a proof of age' to 'section 6(1)'-- 26 omit, insert-- 27 a document that is acceptable evidence of the age of a 28 person 29 Clause 52 Insertion of new ss 162B and 162C 1 After section 162A-- 2 insert-- 3 Page 49
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 52] 162B Taking liquor into or from area defined in 4 commercial public event permit 5 (1) This section applies if a commercial public event 6 permit to sell or supply liquor at a public event is 7 granted to a licensee. 8 (2) A person must not take liquor into the area 9 defined in the permit for the event while the 10 permit is in force. 11 Maximum penalty--25 penalty units. 12 (3) A person must not take liquor from the area 13 defined in the permit for the event-- 14 (a) while the permit is in force; and 15 (b) during the 1-hour period after the permit 16 expires. 17 Maximum penalty--25 penalty units. 18 (4) However, a person may take liquor into or from 19 the area defined in the permit if-- 20 (a) both of the following apply-- 21 (i) the person is the licensee, an employee 22 of the licensee, an agent of the licensee 23 or another person acting under the 24 direction of the licensee; 25 (ii) the taking of the liquor into or from the 26 area is for the purpose of conducting 27 the event; or 28 (b) the taking of the liquor into or from the area 29 is otherwise permitted under the permit. 30 162C Taking liquor into or from venue of event or 1 occasion for community liquor permit 2 (1) This section applies if a community liquor permit 3 for an event or occasion is granted to a permittee. 4 Page 50
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 53] (2) A person must not take liquor into the venue of 5 the event or occasion while the permit is in force. 6 Maximum penalty--25 penalty units. 7 (3) A person must not take liquor from the venue of 8 the event or occasion-- 9 (a) while the permit is in force; and 10 (b) during the 1-hour period after the permit 11 expires. 12 Maximum penalty--25 penalty units. 13 (4) However, a person may take liquor into or from 14 the venue if-- 15 (a) both of the following apply-- 16 (i) the person is the permittee, an 17 employee of the permittee, an agent of 18 the permittee or another person acting 19 under the direction of the permittee; 20 (ii) the taking of the liquor into or from the 21 venue is for the purpose of conducting 22 the event or occasion; or 23 (b) the taking of the liquor into or from the 24 venue is otherwise permitted under the 25 permit. 26 Clause 53 Amendment of s 172 (Offer to purchase liquor made 27 elsewhere than at licensed premises) 28 (1) Section 172(2)-- 29 omit, insert-- 30 (2) Subsection (1) does not apply to the holder of a 1 producer/wholesaler licence for orders taken-- 2 (a) to supply liquor by wholesale to a person 3 mentioned in section 75(1); or 4 Page 51
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 54] (b) if the holder is authorised under section 5 73(2)(a), or under a craft beer producer 6 permit, to sell the holder's craft beer at a 7 promotional event--at the promotional 8 event. 9 (2) Section 172-- 10 insert-- 11 (4) Subsection (3) does not apply to the holder of a 12 craft beer producer permit for orders taken at the 13 promotional event that is the subject of the 14 permit. 15 Clause 54 Insertion of new pt 6AB, div 5 16 Part 6AB-- 17 insert-- 18 Division 5 3a.m. safe night precincts 19 173O Purpose of division 20 (1) This division provides for the approval of safe 21 night precincts as 3a.m. safe night precincts. 22 (2) A licensee for licensed premises located in a 23 3a.m. safe night precinct may, under part 4, 24 division 7, apply for an extended trading hours 25 approval for the premises that, if granted, would 26 extend trading hours on a regular basis to include 27 trading between 12a.m. and 3a.m. 28 173P Prescribing 3a.m. safe night precincts 1 (1) A regulation may prescribe a safe night precinct 2 to be a 3a.m. safe night precinct. 3 (2) Before recommending that the Governor in 4 Council make a regulation mentioned in 5 Page 52
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 54] subsection (1) for a safe night precinct, the 6 Minister must-- 7 (a) consult with the local board for the safe 8 night precinct; and 9 (b) be satisfied of the following matters-- 10 (i) there is a local board for the safe night 11 precinct; 12 (ii) prescribing the safe night precinct 13 under subsection (1) is consistent with 14 the purposes of this part and would not 15 have an undue adverse effect on the 16 health or safety of members of the 17 public, or the amenity of the 18 community. 19 173Q Revoking 3a.m. safe night precincts 20 (1) The Minister may recommend the Governor in 21 Council repeal a regulation prescribing a 3a.m. 22 safe night precinct only if-- 23 (a) the local board has asked the Minister to 24 repeal the regulation; or 25 (b) the Minister is no longer satisfied of a 26 matter mentioned in section 173P(2)(b)(i) or 27 (ii). 28 (2) If the Minister is no longer satisfied of a matter 29 mentioned in section 173P(2)(b)(ii), the Minister 30 must consult with the local board for the 3a.m. 31 safe night precinct before making the 32 recommendation. 33 (3) On the day the regulation repealing the 3a.m. safe 1 night precinct commences, an extended trading 2 hours approval for each licensed premises in the 3 safe night precinct extends trading hours only to 4 the extent the hours include trading between 5 12a.m. and 2a.m. on any day. 6 Page 53
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 55] Clause 55 Insertion of new pt 7, div 1A 7 Part 7, before division 1-- 8 insert-- 9 Division 1A Preliminary 10 173NR Definition for part 11 In this part-- 12 document see the Evidence Act 1977, schedule 3. 13 Clause 56 Amendment of s 174AA (Production or display of identity 14 card) 15 Section 174AA(3), 'inspector'-- 16 omit, insert-- 17 investigator 18 Clause 57 Insertion of new s 183AA 19 After section 183-- 20 insert-- 21 183AA Power to require production of documents 22 (1) An investigator may require a person, by written 23 notice given to the person, to produce to the 24 investigator, at a reasonable time and place stated 25 in the notice, any documents the investigator 1 believes, on reasonable grounds-- 2 (a) the person has possession or control of; and 3 (b) are relevant to the administration or 4 enforcement of this Act. 5 (2) An investigator may require the person to give 6 the investigator reasonable assistance in relation 7 to the exercise of the power mentioned in 8 subsection (1). 9 Page 54
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 57] (3) A person must not, without reasonable excuse, 10 fail to comply with a requirement made under 11 subsection (1). 12 Maximum penalty--50 penalty units. 13 (4) It is a reasonable excuse for a person to fail to 14 produce a document, other than a document 15 required to be kept by the person under this Act, 16 if producing the document might tend to 17 incriminate the person. 18 (5) An investigator may examine the document 19 and-- 20 (a) make copies of, or take extracts from, the 21 document; or 22 (b) if the investigator considers, on reasonable 23 grounds, it is necessary to remove the 24 document to examine or copy it--remove 25 the document from the person's possession 26 or control. 27 (6) Subsection (7) applies if a document removed 28 under subsection (5) is-- 29 (a) a record made and kept under section 217; 30 or 31 (b) an accounting record or other record about a 32 business conducted under authority of a 33 licence. 34 (7) The investigator must permit, at all reasonable 1 times, a person who, if the record had not been 2 removed, would be entitled to inspect the record 3 or make additions to the record to-- 4 (a) inspect the record; and 5 (b) make additions to the record. 6 (8) An investigator who has removed a document 7 under subsection (5) must, as soon as is 8 practicable after the removal-- 9 Page 55
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 58] (a) examine and, if the investigator considers it 10 necessary, copy the document; and 11 (b) return the document to the person from 12 whom it was removed. 13 Clause 58 Amendment of s 217 (Records to be kept by licensee) 14 (1) Section 217-- 15 insert-- 16 (4A) A licensee under a producer/wholesaler licence, 17 or a permittee under a craft beer producer permit, 18 (each a producer) must make and maintain a 19 correct and up-to-date record (a promotional 20 events record) of each promotional event at 21 which the producer-- 22 (a) sells, to persons at the event, craft beer 23 produced by the producer for consumption 24 away from the event including, for example, 25 by taking or receiving, or causing or 26 permitting an agent or employee to take or 27 receive, orders for the producer's craft beer; 28 or 29 (b) supplies, to persons at the event, craft beer 30 produced by the producer, free of charge, for 31 the purpose of sampling the craft beer. 32 Maximum penalty--350 penalty units. 33 (4B) A promotional events record must-- 1 (a) be in a language and form acceptable to the 2 commissioner; and 3 (b) include the written consent, mentioned in 4 section 73(2)(a)(ii) or (b)(ii), or section 5 103W(1)(a) or (b), for the promotional 6 event; and 7 (c) be kept, at the producer's craft brewery or in 8 another place approved by the 9 Page 56
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 59] commissioner, for 6 years after the day on 10 which the record is made, by the producer 11 or, if the craft brewery is no longer operated 12 by the producer, by the operator of the craft 13 brewery. 14 (2) Section 217(5)-- 15 insert-- 16 (c) the producer's promotional events records 17 are not kept as required by subsection (4B). 18 Clause 59 Amendment of s 226 (Contravention of conditions of 19 licences etc.) 20 Section 226-- 21 insert-- 22 (d) a car park approval. 23 Clause 60 Insertion of new s 228C 24 After section 228B-- 25 insert-- 26 228C Inconsistency with authority to sell or supply 27 craft beer and authority under commercial 28 special facility licence 29 (1) This section applies if-- 30 (a) a person is authorised, under either of the 1 following, to sell or supply, to persons at a 2 promotional event, craft beer produced by 3 the person-- 4 (i) a producer/wholesaler licence; 5 (ii) a craft beer producer permit; and 6 (b) sale or supply of liquor at the event is also 7 authorised under a commercial special 8 facility licence; and 9 Page 57
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 61] (c) there is an inconsistency between the 10 authority mentioned in paragraph (a) and the 11 authority mentioned in paragraph (b). 12 (2) The commercial special facility licence prevails 13 to the extent of the inconsistency. 14 Example-- 15 A promotional event is held at a venue that is the subject 16 of a commercial special facility licence. Sale and supply 17 of liquor at the event is authorised under that licence. 18 The holder of a producer/wholesaler licence is also 19 authorised under that licence to sell or supply the 20 holder's craft beer to persons at the event. 21 A condition imposed on the commercial special facility 22 licence states the total volume of liquor that may be sold 23 to each person at a promotional event is 4 litres. A 24 condition imposed on the holder's producer/wholesaler 25 licence states the total volume of the licensee's craft 26 beer that may be sold to each person at a promotional 27 event is 8 litres. 28 Despite the condition imposed on the holder's licence, 29 the holder may sell only a total of 4 litres of the holder's 30 craft beer to each person at a promotional event. 31 Clause 61 Amendment of s 233 (Evidentiary provisions) 32 Section 233(2)-- 33 insert-- 34 (ba) a copy of a certificate signed by a doctor or 1 authorised police officer under the 2 Transport Operations (Road Use 3 Management) Act 1995, section 80(15) as 4 applied in relation to a person suspected of 5 committing a relevant assault offence under 6 the Police Powers and Responsibilities Act 7 2000, chapter 18A, is admissible as 8 evidence of the concentration of alcohol 9 present in the blood or breath of the person 10 the subject of the certificate; and 11 Page 58
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 62] Clause 62 Insertion of new pt 12, div 17 12 Part 12-- 13 insert-- 14 Division 17 Transitional provisions for 15 Tackling Alcohol-Fuelled 16 Violence Legislation 17 Amendment Act 2015 18 Subdivision 1 Extended trading hours 19 applications and existing 20 extended trading hours 21 approvals 22 330 Definitions for subdivision 23 In this subdivision-- 24 extended trading hours application (takeaway 25 liquor) means an application under section 26 86(2A)(b), as in force before the commencement, 27 to extend trading hours for the sale of takeaway 28 liquor to include trading between 10p.m. and 29 midnight. 30 retrospectivity period means the period starting 1 on 10 November 2015 and ending on the 2 commencement. 3 331 Application of subdivision 4 This subdivision does not apply in relation to an 5 extended trading hours application (takeaway liquor) 6 or an extended trading hours approval for an airport or 7 casino to which a commercial special facility licence 8 relates. 9 Page 59
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 62] 332 No compensation for operation of subdivision 10 Despite any Act or other law, no compensation is 11 payable by the State to a person because of the 12 operation of this subdivision. 13 333 Restriction on making extended trading hours 14 applications (takeaway liquor) 15 (1) A person may not make an extended trading 16 hours application (takeaway liquor) during the 17 retrospectivity period. 18 (2) An extended trading hours application (takeaway 19 liquor) made or purportedly made during the 20 retrospectivity period is of no effect. 21 (3) If an extended trading hours application 22 (takeaway liquor) was made but had not been 23 decided before the start of the retrospectivity 24 period, the application is taken to have lapsed on 25 10 November 2015. 26 334 Certain proceedings in court or tribunal 1 relating to extended trading hours 2 applications (takeaway liquor) taken to end 3 (1) This section applies to a proceeding in a court or 4 tribunal relating to an extended trading hours 5 application (takeaway liquor) that, immediately 6 before the commencement, had not been decided. 7 (2) On the commencement, the proceeding ends and 8 must not be further considered by the court or 9 tribunal. 10 335 Effect of certain court or tribunal decisions 11 relating to extended trading hours 12 applications (takeaway liquor) 13 (1) This section applies to a decision of a court or 14 tribunal made during the retrospectivity period on 15 Page 60
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 62] a proceeding relating to an extended trading 16 hours application (takeaway liquor). 17 (2) Despite anything in the decision that provides 18 otherwise, on the day the decision takes effect, 19 any extended trading hours approval for the 20 application does not authorise the sale of 21 takeaway liquor between 10p.m. and midnight. 22 336 Applications for extended trading hours 23 between 2a.m. and 5a.m. 24 (1) This section applies if-- 25 (a) immediately before 1 July 2016, an 26 application for an extended trading hours 27 approval had been made but not decided; 28 and 29 (b) the application, if granted, would extend 30 trading hours to include trading between 31 2a.m. and 5a.m. 32 (2) The commissioner may grant the approval only to 1 the extent it authorises trading between-- 2 (a) if the premises to which the approval relates 3 are located in a 3a.m. safe night 4 precinct--12a.m. and 3a.m.; or 5 (b) otherwise--12a.m. and 2a.m. 6 337 Existing extended trading hours approvals for 7 trading between 2a.m. and 5a.m. 8 (1) This section applies if-- 9 (a) immediately before 1 July 2016, an 10 extended trading hours approval was in 11 force for licensed premises; and 12 (b) the approval extended trading hours to 13 include trading between 2a.m. and 5a.m. 14 Page 61
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 62] (2) From 1 July 2016, the extended trading hours 15 approval has effect as if it authorised trading only 16 between-- 17 (a) if the premises to which the approval relates 18 are located in a 3a.m. safe night 19 precinct--12a.m. and 3a.m.; or 20 (b) otherwise--12a.m. and 2a.m. 21 338 Effect of certain court or tribunal decisions 22 relating to extended trading hours approvals 23 (1) This section applies to a decision of a court or 24 tribunal on a proceeding relating to an extended 25 trading hours approval for licensed premises if 26 the proceeding had started, but was not decided 27 before 1 July 2016. 28 (2) Despite anything in the decision that provides 29 otherwise, on the day the decision takes effect, 30 the extended trading hours approval has effect as 31 if it authorised trading only between-- 32 (a) if the premises to which the approval relates 1 are located in a 3a.m. safe night 2 precinct--12a.m. and 3a.m.; or 3 (b) otherwise--12a.m. and 2a.m. 4 Subdivision 2 Other provisions 5 339 Acceptable evidence of age 6 (1) This section applies if a document was 7 acceptable evidence of the age of a person under 8 section 6 as in force immediately before the 9 commencement. 10 (2) Despite the amendment of section 6 by the 11 Tackling Alcohol-Fuelled Violence Legislation 12 Amendment Act 2015, the document continues, 13 Page 62
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 5 Amendment of Liquor Act 1992 [s 62] from the commencement, to be acceptable 14 evidence of the age of the person for this Act 15 until-- 16 (a) if the document is cancelled or revoked 17 before it expires--the document is cancelled 18 or revoked; or 19 (b) otherwise--the document expires. 20 340 Conditions relating to sale etc. of liquor in car 21 park 22 (1) This section applies if, immediately before the 23 commencement, a licence was subject to a 24 condition relating to the sale, supply or 25 consumption of liquor in a car park, or part of a 26 car park, that is in or on the licensee's licensed 27 premises. 28 (2) From the commencement, section 142ZZE 29 applies to the licensee despite the condition. 30 (3) A car park approval granted in relation to a 1 regulated car park for the licensee's licensed 2 premises prevails over the condition to the extent 3 of any inconsistency. 4 (4) To remove any doubt, it is declared that the 5 condition does not have effect as a car park 6 approval for section 142ZZE. 7 (5) Despite any Act or other law, no compensation is 8 payable by the State to a person because of the 9 operation of this section. 10 341 Approvals under section 153A 11 (1) An approval that is in force immediately before 12 the commencement under previous section 153A 13 stops having effect on the commencement. 14 (2) In this section-- 15 Page 63
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 6 Amendment of Liquor Regulation 2002 [s 63] previous section 153A means section 153A as in 16 force from time to time before the 17 commencement. 18 Part 6 Amendment of Liquor 19 Regulation 2002 20 Clause 63 Regulation amended 21 This part amends the Liquor Regulation 2002. 22 Clause 64 Insertion of new s 38AB 23 After section 38AA-- 24 insert-- 25 38AB Prescription of particular substances and 1 maximum amounts--Act, s 14AB 2 (1) For section 14AB(2)(b)(i) of the Act, spirituous 3 cooking essence is prescribed. 4 (2) For section 14AB(2)(b)(iii) of the Act, the 5 following maximum amounts are prescribed for 6 spirituous cooking essence-- 7 (a) if the essence is vanilla essence--100mL; 8 (b) otherwise--50mL. 9 Clause 65 Amendment of s 38A (Matters for risk-assessed 10 management plan--Act, s 50, definition risk-assessed 11 management plan) 12 (1) Section 38A, heading, 's 50'-- 13 omit, insert-- 14 s4 15 Page 64
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 7 Amendment of Penalties and Sentences Act 1992 [s 66] (2) Section 38A(1), 'section 50'-- 16 omit, insert-- 17 section 4 18 Clause 66 Insertion of new s 41A 19 After section 41-- 20 insert-- 21 41A Maximum period for car park approval--Act, s 22 142ZZJ(3) 23 For section 142ZZJ(3) of the Act, the period is 3 24 months. 25 Part 7 Amendment of Penalties and 1 Sentences Act 1992 2 Clause 67 Act amended 3 This part amends the Penalties and Sentences Act 1992. 4 Clause 68 Amendment of s 4 (Definitions) 5 Section 4-- 6 insert-- 7 DAAR condition, for part 3, division 1, see 8 section 19(2B). 9 Clause 69 Amendment of s 15B (Definitions for div 1) 10 (1) Section 15B-- 11 insert-- 12 DAAR condition see section 19(2B). 13 Page 65
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 7 Amendment of Penalties and Sentences Act 1992 [s 70] (2) Section 15B, definition drug assessment and education 14 session, 'one-on-one'-- 15 omit. 16 Clause 70 Amendment of s 19 (Order of court) 17 (1) Section 19-- 18 insert-- 19 (2B) Also, without limiting subsection (2) or (2A), if 20 the offender consents to completing a DAAR 21 course, the court may impose a condition (a 22 DAAR condition) that the offender complete a 23 DAAR course by a stated day. 24 (2) Section 19-- 25 insert-- 26 (4) In this section-- 1 DAAR course see the Bail Act 1980, section 2 11AB(6). 3 Note-- 4 DAAR stands for Drug and Alcohol Assessment 5 Referral. See the Bail Act 1980, section 11AB(6), 6 definition DAAR. 7 Clause 71 Amendment of s 20 (Contravention of order) 8 (1) Section 20(1A), 'drug diversion'-- 9 omit, insert-- 10 relevant 11 (2) Section 20-- 12 insert-- 13 (3) In this section-- 14 relevant condition means-- 15 (a) a drug diversion condition; or 16 Page 66
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 8 Amendment of Police Powers and Responsibilities Act 2000 [s 72] (b) a DAAR condition. 17 Clause 72 Insertion of new pt 14, div 12 18 Part 14-- 19 insert-- 20 Division 12 Transitional provision for 21 Tackling Alcohol-Fuelled 22 Violence Legislation 23 Amendment Act 2015 24 239 Imposition of DAAR condition 25 (1) Section 19(2B), as inserted by the amending Act, 26 applies to an order made under section 19(1)(b) 27 in relation to an offender on or after the 1 commencement. 2 (2) For subsection (1), it is irrelevant whether the act 3 or omission constituting the offence for which 4 the order is made happened, or the proceeding for 5 the offence was started, before or after the 6 commencement. 7 (3) In this section-- 8 amending Act means the Tackling 9 Alcohol-Fuelled Violence Legislation 10 Amendment Act 2015. 11 Part 8 Amendment of Police Powers 12 and Responsibilities Act 2000 13 Clause 73 Act amended 14 This part amends the Police Powers and Responsibilities Act 15 2000. 16 Page 67
Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015 Part 8 Amendment of Police Powers and Responsibilities Act 2000 [s 74] Clause 74 Amendment of s 686 (Application of pt 3) 17 Section 686(2)(e), after 'specimen of'-- 18 insert-- 19 saliva, 20 © State of Queensland 2015 Authorised by the Parliamentary Counsel Page 68
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