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PARLIAMENT OF VICTORIA
Liquor Control Reform Further Amendment Bill
2011
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
PART 2--AMENDMENTS TO THE LIQUOR CONTROL
REFORM ACT 1998 3
4 Definitions 3
5 Objects 5
6 What are the categories of licences and permits that may be
issued under this Act? 6
7 General licence 6
8 Packaged liquor licence 6
9 Late night licence 6
10 New section 13 substituted 7
13 Wine and beer producer's licence 7
11 ANZAC Day restrictions 10
12 Sexually explicit entertainment licence condition--fees 10
13 Licence condition--extended hours 11
14 Certain premises not to be licensed 11
15 Form of application 11
16 Application for transfer of licence or BYO permit 12
17 Liability of joint and incorporated licensees or permittees and
unincorporated clubs 12
18 New Part 4A inserted 12
PART 4A--DEMERITS REGISTER 12
86A Demerits Register 12
86B Commission to record demerit points 12
86C Record of day on which offence was committed 13
86D Commission must notify licensee or permittee when
demerit point is incurred 13
86E Automatic suspension of licence or permit if certain
number of demerit points incurred 14
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Clause Page
86F Date of commencement of suspension 15
86G Notice of suspension 16
86H Minister may suspend, cancel or delay a suspension 16
86I Commission may deduct demerit points 16
86J Demerit point automatically deducted after 3 years 17
86K Commission may publish details of licences and
permits 17
19 Offences by licensee and permittee 18
20 Taking orders for liquor at unlicensed premises 18
21 Power to serve an infringement notice 18
22 Infringement penalties 19
23 Search of premises after entry authorised by any other Act 19
24 Requirement to assist the fire safety inspector during search of
certain premises 19
25 Offence to refuse entry to a fire safety inspector 19
26 Service of closure and evacuation notice 19
27 Issue and service of subsequent notice 19
28 Revocation of closure and evacuation notice and subsequent
notice 19
29 Regulations 20
30 Schedule 2 amended 20
31 Amendment of Schedule 3--Savings and Transitional
Provisions 20
PART 2--LIQUOR CONTROL REFORM FURTHER
AMENDMENT ACT 2011 20
26 Transitional provision--general licence 20
27 Savings provision--packaged liquor licences 21
28 Savings provision--late night (packaged liquor)
licences 21
29 Transitional provision--vigneron's licences 22
30 Transitional provision--other licences 22
PART 3--AMENDMENTS TO THE INFRINGEMENTS
ACT 2006 23
32 Demerit point schemes 23
PART 4--FURTHER AMENDMENTS TO LIQUOR CONTROL
REFORM ACT 1998 24
33 Packaged liquor licence 24
34 Late night licence 24
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Clause Page
PART 5--REPEAL OF AMENDING ACT 25
35 Repeal of amending Act 25
ENDNOTES 26
571079B.I-26/10/2011 iii BILL LA INTRODUCTION 26/10/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Liquor Control Reform Further
Amendment Bill 2011
A Bill for an Act to amend the Liquor Control Reform Act 1998 to
introduce a demerit points system for licensees and permittees
involved in non-compliance incidents, to introduce a licence for wine
and beer producers, to recognise the importance of live music and for
other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the
Liquor Control Reform Act 1998--
5 (a) to provide for a demerit points system for
licensees and permittees involved in non-
compliance incidents; and
(b) to provide for a licence for wine and beer
producers; and
571079B.I-26/10/2011 1 BILL LA INTRODUCTION 26/10/2011
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Part 1--Preliminary
s. 2
(c) to provide in the objects of the Act for
recognition of the importance of live music;
and
(d) to provide for other matters.
5 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation on 1 July 2012, it comes into operation
10 on that day.
3 Principal Act
See: In this Act, the Liquor Control Reform Act 1998
Act No.
94/1998. is called the Principal Act.
Reprint No. 5
as at
1 April 2010
and
amending
Act Nos
13/2010,
18/2010,
52/2010,
57/2010,
64/2010,
12/2011,
13/2011,
29/2011 and
43/2011.
LawToday:
www.
legislation.
vic.gov.au
__________________
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Part 2--Amendments to the Liquor Control Reform Act 1998
s. 4
PART 2--AMENDMENTS TO THE LIQUOR CONTROL
REFORM ACT 1998
4 Definitions
In section 3(1) of the Principal Act--
5 (a) insert the following definitions--
"authorised notifier means--
(a) the police force of Victoria; or
(b) a court, tribunal or other entity
involved in the administration of
10 the criminal justice system in
Victoria; or
(c) any other authority or person
responsible for the enforcement,
investigation or prosecution of
15 offences under this Act; or
(d) a member, employee or delegate
of an entity referred to in
paragraph (a), (b) or (c);
infringement notice has the same meaning
20 as in the Infringements Act 2006;
infringement penalty has the same meaning
as in the Infringements Act 2006;
non-compliance incident, in relation to a
licence or permit, means--
25 (a) the payment of an infringement
penalty in an infringement notice
served on the licensee or
permittee for an offence under
section 108(4), 119 or 120; or
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(b) the making of an order under
section 59 of the Infringements
Act 2006 in respect of an offence
under section 108(4), 119 or 120;
5 or
(c) the commencement of a payment
plan in respect of an infringement
notice served on the licensee or
permittee for an offence under
10 section 108(4), 119 or 120; or
(d) the successful prosecution of the
licensee or permittee for an
offence under section 108(4), 119
or 120;
15 permit means a BYO permit;
primary premises, in relation to a wine
and beer producer's licence under
section 13, means premises occupied
and used by the licensee--
20 (a) for the production, storage or
distribution of liquor that is the
licensee's product; and
(b) for the supply of liquor that is the
licensee's product for consumption
25 on or off the premises; and
(c) for the supply of liquor that is not
the licensee's product for
consumption on the licensed
premises; and
30 (d) for the supply of packaged liquor
that is the licensee's product to a
person who makes an off-premises
request;
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s. 4
promotional event includes but is not limited
to a craft market, farmers' market,
commercial market, festival,
agricultural show, food and wine event,
5 gallery opening, fair or local event but
does not include a major event or
horse-racing event;
Register means the Demerits Register
established under section 86A;
10 retail premises, in relation to a wine and beer
producer's licence under section 13,
means premises occupied and used by
the licensee for the supply of liquor that
is the licensee's product for
15 consumption off the premises;
successful prosecution means a prosecution
which results in a licensee or permittee
being convicted or found guilty of an
offence against section 108(4), 119
20 or 120;";
(b) in the definition of licensed premises, for
"13(1)(b) (vigneron's" substitute "13(1)(a)
(wine and beer producer's";
(c) in paragraph (d) of the definition of ordinary
25 trading hours, for "vigneron's" substitute
"wine and beer producer's";
(d) in the definition of venue operator's licence,
for "2003;" substitute "2003.";
(e) the definition of vigneron is repealed.
30 5 Objects
In section 4(1)(c) of the Principal Act, for
"and licensed hospitality" substitute ", licensed
hospitality and live music".
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6 What are the categories of licences and permits that
may be issued under this Act?
In section 7(h) of the Principal Act, for
"vigneron's" substitute "wine and beer
5 producer's".
7 General licence
(1) After section 8(2)(c) of the Principal Act insert--
"(ca) the condition that the supply of liquor only
for consumption off the licensed premises
10 must not be the whole of the licensee's
ordinary business of supplying liquor; and".
(2) After section 8(2) of the Principal Act insert--
"(3) For the purposes of subsection (2)(ca),
gratuitous supply of liquor under section 20
15 does not affect whether the supply of liquor
only for consumption off the licensed
premises is the whole of the licensee's
ordinary business of supplying liquor.".
8 Packaged liquor licence
20 (1) In section 11(1)(c) of the Principal Act, for
"licence--" substitute "licence; and".
(2) After section 11(1)(c) of the Principal Act
insert--
"(d) at any time on Christmas Day or on Good
25 Friday determined by the Director and
specified in the licence--".
9 Late night licence
(1) In section 11A(4)(b) of the Principal Act, for
"licence--" substitute "licence; and".
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(2) After section 11A(4)(b) of the Principal Act
insert--
"(c) at any time on Christmas Day or on Good
Friday determined by the Director and
5 specified in the licence--".
(3) In section 11A(5) of the Principal Act, after
paragraph (d) insert--
"(da) in the case of a late night (general) licence,
the condition that the supply of liquor only
10 for consumption off the licensed premises
must not be the whole of the licensee's
ordinary business of supplying liquor; and".
(4) After section 11A(5) of the Principal Act insert--
"(5A) For the purposes of subsection (5)(da),
15 gratuitous supply of liquor under section 20
does not affect whether the supply of liquor
only for consumption off the licensed
premises is the whole of the licensee's
ordinary business of supplying liquor.".
20 (5) In section 11A(6) of the Principal Act, for "11(4)"
substitute "11(5)".
10 New section 13 substituted
For section 13 of the Principal Act substitute--
"13 Wine and beer producer's licence
25 (1) A wine and beer producer's licence
authorises the licensee--
(a) to supply liquor that is the licensee's
product at any time and on any
premises to another licensee; and
30 (b) to supply during ordinary trading hours
and at any other time determined by the
Commission and specified in the
licence--
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s. 10
(i) liquor that is the licensee's product
for consumption on or off the
licensed premises; and
(ii) liquor that is not the licensee's
5 product for consumption on the
licensed premises; and
(c) to supply packaged liquor that is the
licensee's product during ordinary
trading hours and at any other time
10 determined by the Commission and
specified in the licence to a person who
makes an off-premises request.
(2) A wine and beer producer's licence is subject
to--
15 (a) the conditions set out in section 16
(compliance with planning scheme);
and
(b) if the licence authorises the licensee to
supply liquor outside ordinary trading
20 hours, the condition set out in
section 17(1) (extended hours); and
(c) if the licensee is a body corporate, the
condition set out in section 18
(approval of directors); and
25 (d) any other conditions determined by the
Commission and specified in the
licence.
(3) In this Act, a reference to liquor that is the
licensee's product is a reference to wine,
30 cider, brandy, perry or beer that--
(a) in the case of beer--has been brewed
by or at the direction of the licensee and
the licensee has assumed the financial
risk of the production;
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(b) in the case of wine, cider, brandy or
perry--
(i) has been made from fruit grown
by the licensee and the licensee
5 has assumed the financial risk of
the production; or
(ii) has been made under the direction
of the licensee from fruit grown in
Australia that was not grown by
10 the licensee and the licensee has
assumed the financial risk of the
production.
(4) For the purposes of this section--
(a) licensed premises may consist of a
15 primary premises, or both a primary
premises and a retail premises;
(b) in the case of licensed premises that
consist of both a primary premises and
a retail premises, both premises must be
20 located in the same region specified in
the Register of Protected Geographical
Indications and Other Terms kept by
the Registrar under the Australian Wine
and Brandy Corporation Act 1980 of
25 the Commonwealth.
(5) A licensee under this section may apply
under section 29 for a condition that
authorises the supply of liquor that is the
licensee's product at promotional events that
30 are conducted off the licensed premises.
(6) An application under subsection (5)--
(a) must be accompanied by the prescribed
fee; and
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s. 11
(b) is subject to any further condition
determined by the Commission and
specified on the licence.
(7) Section 29(3)(c)(ia) does not apply to an
5 application under subsection (5).
(8) A licensee of a licence that has a condition of
the type referred to in subsection (5) must
keep a record of the name, date and location
of all promotional events at which it has
10 supplied liquor that is the licensee's product,
including records of the times at which the
licensee was supplying the product at the
event, and produce the records for inspection
upon request by an authorised person.".
15 11 ANZAC Day restrictions
In section 15A(2) of the Principal Act, for
"the supply of liquor" substitute "liquor to be
consumed, possessed or controlled on the
premises in respect of which the permit is
20 granted".
12 Sexually explicit entertainment licence condition--
fees
In section 15E(3) of the Principal Act--
(a) for "section--" substitute "section,";
25 (b) the definition of non-compliance incident is
repealed;
(c) in paragraph (c) of the definition of relevant
period, for "is payable;" substitute
"is payable.";
30 (d) the definition of successful prosecution is
repealed.
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s. 13
13 Licence condition--extended hours
In section 17(2)(c) of the Principal Act, for
"vigneron's" substitute "wine and beer
producer's".
5 14 Certain premises not to be licensed
(1) In section 22(ca) of the Principal Act, for
"18 years; or" substitute "18 years, unless the
Commission is satisfied that the grant of a licence
or permit would not present a specific risk of
10 supply of liquor to a person under the age of
18 years; or".
(2) After section 22(3) of the Principal Act insert--
"(3A) For the purposes of section 22(1)(ca), factors
that the Commission may consider include
15 but are not limited to--
(a) whether the proposed licence or permit
authorises supply of liquor at a time
when the premises will not be used
primarily by persons under the age of
20 18 years; and
(b) whether the proposed licence or permit
provides that any person under the age
of 18 years must be accompanied by a
responsible adult at all times during
25 which the proposed supply of liquor is
to occur.".
15 Form of application
After section 28(1)(aa) of the Principal Act
insert--
30 "(ab) disclose any demerit points that have accrued
within the previous 3 years on a licence or
permit that the applicant or a nominee of the
applicant has held or holds at the time of the
application; and".
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16 Application for transfer of licence or BYO permit
After section 32(2)(ab) of the Principal Act
insert--
"(ac) disclose any demerit points that have accrued
5 within the previous 3 years on a licence or
permit that the proposed transferee or a
nominee of the proposed transferee has held
or holds at the time of the application; and".
17 Liability of joint and incorporated licensees or
10 permittees and unincorporated clubs
(1) In section 53(2) of the Principal Act, after
"liable as" insert "if they were the".
(2) In section 53(3) of the Principal Act, after
"liable as" insert "if they were the".
15 18 New Part 4A inserted
After Part 4 of the Principal Act insert--
"PART 4A--DEMERITS REGISTER
86A Demerits Register
The Commission must keep a Demerits
20 Register and must record against a licence or
permit any demerit points that are incurred in
relation to that licence or permit.
86B Commission to record demerit points
(1) The Commission must record in the Register
25 a demerit point against a licence or permit if
the Commission is notified by an authorised
notifier that a non-compliance incident has
occurred in respect of the licensed premises.
(2) Despite anything to the contrary in this Part,
30 the Commission must not record demerit
points against a licence or permit in the
Register if more than 12 months have
elapsed since the Commission was notified
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s. 18
by an authorised notifier of the non-
compliance incident.
(3) In this Part, a reference to a licence or permit
does not include a licence granted under
5 section 14(1A) or 14A.
86C Record of day on which offence was
committed
The Commission must record demerit points
in the Register in relation to the day the
10 offence that is the basis of the
non-compliance incident to which the
demerit point relates is alleged to have been
committed.
86D Commission must notify licensee or
15 permittee when demerit point is incurred
(1) If a demerit point has been incurred in
respect of a licence or permit, the
Commission must give the licensee or
permittee a notice advising that the demerit
20 point has been incurred.
(2) A notice under subsection (1) must contain
the following details--
(a) details of the licence or permit;
(b) details of the offence that is alleged to
25 have been committed which is the basis
of the non-compliance incident to
which the demerit point relates;
(c) the date on which the demerit point was
recorded in the Register;
30 (d) the total number of demerit points
recorded against the licence or permit
in the previous 3 years.
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86E Automatic suspension of licence or permit
if certain number of demerit points
incurred
(1) The Commission must suspend a licence or
5 permit--
(a) in the case of a licence or permit that
has accrued 5 demerit points in a 3 year
period, for 24 hours, commencing
during ordinary trading hours;
10 (b) in the case of a licence or permit that
has accrued 10 demerit points in a
3 year period, for 7 days, commencing
during ordinary trading hours;
(c) in the case of a licence or permit that
15 has accrued 15 demerit points in a
3 year period, for 28 days, commencing
during ordinary trading hours.
(2) For the purposes of subsection (1), the 3 year
period commences on the date that the first
20 demerit point is recorded on the Register.
(3) For the purposes of subsection (1), a
suspension must not commence on a day
which is not during the authorised trading
hours of the licence.
25 (4) If the Commission suspends a licence or
permit under subsection (1)(c), the
Commission must, when calculating demerit
points recorded against the licence or permit
at any time after the period of suspension,
30 disregard all demerit points recorded against
the licence or permit as at the date of
suspension.
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(5) A suspension under this section must
commence--
(a) on the same day of the week as the day
that the alleged offence that is the basis
5 of the non-compliance incident
occurred that resulted in the latest
demerit point being recorded; or
Example
If an offence that results in a licence's 5th
10 demerit point being recorded occurs on a
Friday, the 24 hour suspension must commence
on a subsequent Friday.
(b) if the alleged offence that is the basis of
the non-compliance incident that
15 resulted in the latest demerit point
being recorded occurred between
12.01am and 7.00am, on the same day
of the week as the previous day of the
week that the incident occurred; or
20 Example
If an offence that results in a licence's 5th
demerit point being recorded occurs at 12.01am
on a Sunday, the 24 hour suspension must
commence on a subsequent Saturday.
25 (c) if the alleged offence that is the basis of
the non-compliance incident that
resulted in the latest demerit point
being recorded occurred on a day that
was not ordinarily part of the licensee's
30 authorised trading hours, on the next
day that falls within the licensee's
authorised trading hours.
86F Date of commencement of suspension
The date of commencement of a suspension
35 under section 86E must be a day no less than
14 days after the date of a notice under
section 86G and no more than 60 days after
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the date that the latest demerit point was
recorded on the Register.
86G Notice of suspension
If a licence or permit is to be suspended
5 under section 86E, the Commission must
give a notice to the licensee or permittee
containing the following details--
(a) details of the licence or permit to which
the suspension relates;
10 (b) the period of the suspension;
(c) the date the suspension commences;
(d) the date the suspension ends;
(e) any other prescribed details.
86H Minister may suspend, cancel or delay a
15 suspension
(1) The Minister may suspend, cancel or delay
the suspension of a licence or permit under
section 86E if the Minister is satisfied that
the cost to the community of the suspension
20 outweighs the benefit of the suspension.
(2) If a licensee or permittee makes an
application under this section, the suspension
of the licence or permit under section 86F
does not take effect until the Minister
25 determines the application.
86I Commission may deduct demerit points
(1) If a licence or permit that has accrued
demerit points has been transferred under
section 32, the new licensee or permittee
30 may apply to the Commission to remove any
demerit points from the Register accrued in
respect of the licence or permit before the
transfer.
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(2) An application under subsection (1) must be
accompanied by the prescribed fee.
(3) The Commission must not remove any
demerit points under subsection (1) unless
5 the Commission is satisfied that the new
licensee or permittee has taken sufficient
measures in respect of the licence or permit
to improve compliance with this Act.
(4) For the purposes of subsection (3), factors
10 that the Commission may consider include
but are not limited to--
(a) written evidence that the new licensee
or permittee has no business or family
association with the previous licensee,
15 permittee or the nominee of the licensee
or permittee or any associates of the
licensee or permittee;
(b) evidence of a change of management
practices or staff training.
20 86J Demerit point automatically deducted
after 3 years
The Commission must remove a demerit
point from the Register on the day
immediately after 3 years have expired since
25 the date the demerit point was incurred.
86K Commission may publish details of
licences and permits
(1) The Commission may publish the following
details on its website--
30 (a) details of any licence or permit that
appear on the licence or permit;
(b) details of a licence or permit that has
accrued demerit points, including
details of the licensee or permittee or
35 nominee of the licensee or permittee;
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(c) a copy of any licence or permit;
(d) the total accumulated demerit points
relating to a licence or permit;
(e) any other prescribed information.
5 (2) To the extent necessary to give effect to
subsection (1), sections 32 and 33 of the
Infringements Act 2006 do not apply.
__________________".
19 Offences by licensee and permittee
10 In section 108(2)(b) of the Principal Act, for
"vigneron's" substitute "wine and beer
producer's".
20 Taking orders for liquor at unlicensed premises
In section 109(2)(b) of the Principal Act, for
15 "vigneron's" substitute "wine and beer
producer's".
21 Power to serve an infringement notice
In section 141(2) of the Principal Act--
(a) before paragraph (a) insert--
20 "(aaa) section 54(11) (failure to notify
Commission of person ceasing to be
nominee);";
(b) in paragraph (n), for "directions)." substitute
"directions);";
25 (c) after paragraph (n) insert--
"(o) clause 25(2), (3), (4), (5), (6), (7) or (9)
of Schedule 3 (transitional provisions--
Liquor Control Reform Amendment
Act 2010);
30 (p) clause 26 (transitional provision--
Liquor Control Reform Further
Amendment Act 2011).".
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22 Infringement penalties
Section 144(5) of the Principal Act is repealed.
23 Search of premises after entry authorised by any
other Act
5 In section 148X(2) of the Principal Act, for
"have management or control of the licensed
premises" substitute "be a responsible person".
24 Requirement to assist the fire safety inspector
during search of certain premises
10 In section 148Y of the Principal Act, for
"have management or control of the licensed
premises" substitute "be a responsible person".
25 Offence to refuse entry to a fire safety inspector
In section 148ZA of the Principal Act, for
15 "have management or control of a licensed
premises" substitute "be a responsible person".
26 Service of closure and evacuation notice
In section 148ZE(1) of the Principal Act, for
"have management or control of the licensed
20 premises" substitute "be a responsible person".
27 Issue and service of subsequent notice
In section 148ZF(3) of the Principal Act, for
"have management or control of the licensed
premises" substitute "be a responsible person".
25 28 Revocation of closure and evacuation notice and
subsequent notice
In section 148ZP(2) of the Principal Act, for
"have management or control of the licensed
premises" substitute "be a responsible person".
571079B.I-26/10/2011 19 BILL LA INTRODUCTION 26/10/2011
Liquor Control Reform Further Amendment Bill 2011
Part 2--Amendments to the Liquor Control Reform Act 1998
s. 29
29 Regulations
After section 180(4)(a) of the Principal Act
insert--
"(ab) may provide for different fees or discounts
5 on fees depending on whether the licence or
permit has incurred demerit points under
Part 4A or is the subject of non-compliance
incidents;
(ac) may provide for different fees for licences
10 that have different conditions;".
30 Schedule 2 amended
In item 8 of Schedule 2 to the Principal Act, for
"114(d)" substitute "114(2)".
31 Amendment of Schedule 3--Savings and
15 Transitional Provisions
(1) In Schedule 3 to the Principal Act, before clause 1
insert the following heading--
"PART 1--GENERAL PROVISIONS".
(2) After clause 25 of Schedule 3 to the Principal Act,
20 insert--
"PART 2--LIQUOR CONTROL REFORM
FURTHER AMENDMENT ACT 2011
26 Transitional provision--general licence
(1) In this section a pre-2011 general licence
25 means a general licence as in force before
the commencement of section 7 of the
Liquor Control Reform Further
Amendment Act 2011 under which a
licensee supplies packaged liquor only for
30 consumption off the licensed premises as the
whole of the licensee's ordinary business of
supplying liquor.
571079B.I-26/10/2011 20 BILL LA INTRODUCTION 26/10/2011
Liquor Control Reform Further Amendment Bill 2011
Part 2--Amendments to the Liquor Control Reform Act 1998
s. 31
(2) The Commission may--
(a) impose a condition that the licensee of
a pre-2011 general licence comply with
the code of conduct (if any) determined
5 by the Minister under section 11(5) as
in force from time to time; and
(b) charge the prescribed renewal fee for a
licence that is subject to the condition
set out in paragraph (a).
10 (3) On and from the commencement of section 7
of the Liquor Control Reform Further
Amendment Act 2011, a licensee of a
pre-2011 general licence must notify the
Commission in writing within 3 months after
15 commencing supply of packaged liquor only
for consumption off the licensed premises as
the whole of the licensee's ordinary business
supplying liquor.
Penalty: 10 penalty units.
20 27 Savings provision--packaged liquor
licences
Section 11(1) as amended by the Liquor
Control Reform Further Amendment Act
2011 is taken to have applied in respect of
25 any packaged liquor licence in force on or
after 1 January 2010.
28 Savings provision--late night (packaged
liquor) licences
Section 11A(4) as amended by the Liquor
30 Control Reform Further Amendment Act
2011 is taken to have applied in respect of
any late night (packaged liquor) licence
granted on or after 1 January 2010.
571079B.I-26/10/2011 21 BILL LA INTRODUCTION 26/10/2011
Liquor Control Reform Further Amendment Bill 2011
Part 2--Amendments to the Liquor Control Reform Act 1998
s. 31
29 Transitional provision--vigneron's
licences
On and from the commencement of
section 10 of the Liquor Control Reform
5 Further Amendment Act 2011, any
vigneron's licence that was in force
immediately before that commencement is
taken to continue in force (subject to any
conditions on which it was granted) as if it
10 were a wine and beer producer's licence.
30 Transitional provision--other licences
(1) A licensee of a licence that is not a late night
licence that was in force immediately before
the commencement of section 10 of the
15 Liquor Control Reform Further
Amendment Act 2011 may, within 1 year of
that commencement, apply to the
Commission for a variation of the licence to
a wine and beer producer's licence.
20 (2) If the Commission is satisfied that the
conditions for a wine and beer producer's
licence have been met, the Commission may
authorise the variation.
(3) Section 29 does not apply to an application
25 under this section.
(4) An application under this section is not
subject to any fee.".
__________________
571079B.I-26/10/2011 22 BILL LA INTRODUCTION 26/10/2011
Liquor Control Reform Further Amendment Bill 2011
Part 3--Amendments to the Infringements Act 2006
s. 32
PART 3--AMENDMENTS TO THE INFRINGEMENTS
ACT 2006
32 Demerit point schemes
In section 34 of the Infringements Act 2006-- See:
Act No.
5 (a) in paragraph (b), for "offence." substitute 12/2006.
Reprint No. 3
"offence; and"; as at
22 June 2011.
(b) after paragraph (b) insert-- LawToday:
www.
"(c) an offence under section 108(4), 119 legislation.
vic.gov.au
or 120 of the Liquor Control Reform
10 Act 1998 does not prevent the incurring
of demerit points under that Act in
relation to that offence.".
__________________
571079B.I-26/10/2011 23 BILL LA INTRODUCTION 26/10/2011
Liquor Control Reform Further Amendment Bill 2011
Part 4--Further Amendments to Liquor Control Reform Act 1998
s. 33
PART 4--FURTHER AMENDMENTS TO LIQUOR CONTROL
REFORM ACT 1998
33 Packaged liquor licence
In section 11(1)(d) of the Principal Act, for
5 "Director" substitute "Commission".
34 Late night licence
In section 11A(4)(c) of the Principal Act, for
"Director" substitute "Commission".
__________________
571079B.I-26/10/2011 24 BILL LA INTRODUCTION 26/10/2011
Liquor Control Reform Further Amendment Bill 2011
Part 5--Repeal of amending Act
s. 35
PART 5--REPEAL OF AMENDING ACT
35 Repeal of amending Act
This Act is repealed on 1 July 2013.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
571079B.I-26/10/2011 25 BILL LA INTRODUCTION 26/10/2011
Liquor Control Reform Further Amendment Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571079B.I-26/10/2011 26 BILL LA INTRODUCTION 26/10/2011
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