Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LIQUOR CONTROL REFORM AMENDMENT (LICENSING) ACT 2009 (NO. 59 OF 2009) - SECT 32

New clause 24 of Schedule 3 inserted

After clause 23 of Schedule 3 to the Principal Act insert

        "     24     Transitional provisions—Liquor Control Reform Amendment (Licensing) Act 2009

    (1)     A general licence that authorises the supply of liquor during late night trading hours that was in force immediately before the commencement of section 11 of the Liquor Control Reform Amendment (Licensing) Act 2009 is, after the commencement of that section, taken to continue in force (subject to any conditions on which it was granted) as a late night (general) licence.

    (2)         An application for a general licence authorising trading during late night trading hours that was made but not finally determined before the commencement of section 11 of the Liquor Control Reform Amendment (Licensing) Act 2009 is taken to be an application for a late night (general) licence.

    (3)     Except as provided in subclause (5) or clause 23(2), an on-premises licence that authorises the supply of liquor during late night trading hours that was in force immediately before the commencement of section 11 of the Liquor Control Reform Amendment (Licensing) Act 2009 is, after the commencement of that section, taken to continue in force (subject to any conditions on which it was granted) as a late night (on-premises) licence.

    (4)     Except as provided in subclause (6),     an application for an on-premises licence authorising trading during late night trading hours that was made but not finally determined before the commencement of section 8 of the Liquor Control Reform Amendment (Licensing) Act 2009 is taken to be an application for a late night (on-premises) licence.

    (5)     Except in relation to an on-premises licence that is continued under clause 23, an on-premises licence that is subject to the conditions referred to in section 9(3) that was in force immediately before the commencement of section 9 of the Liquor Control Reform Amendment (Licensing) Act 2009 is, after the commencement of that section, taken to continue in force (subject to any conditions on which it was granted) as a restaurant and cafe licence.

    (6)     An application for an on-premises licence that would if granted before the commencement of section 9 of the Liquor Control Reform Amendment (Licensing) Act 2009 have been subject to the conditions referred to in section 9(3) and that was made but not finally determined immediately before that commencement is taken to be an application for a restaurant and cafe licence.

    (7)     A packaged liquor licence that authorises the supply of liquor during late night trading hours that was in force immediately before the commencement of section 11 of the Liquor Control Reform Amendment (Licensing) Act 2009 is, after the commencement of that section, taken to continue in force (subject to any conditions on which it was granted) as a late night (packaged liquor) licence.

    (8)         An application for a packaged liquor licence authorising trading during late night trading hours that was made but not finally determined before the commencement of section 11 of the Liquor Control Reform Amendment (Licensing) Act 2009 is taken to be an application for a late night (packaged liquor) licence.

    (9)     A limited licence that was granted as a renewable limited licence and that was in force immediately before the commencement of section 12 of the Liquor Control Reform Amendment (Licensing) Act 2009 is, after the commencement of that section, taken to continue in force (subject to any conditions on which it was granted) as a renewable limited licence.

    (10)     Subject to subclause (12),     an application for a limited licence for an event that was made but not finally determined before the commencement of section 12 of the Liquor Control Reform Amendment (Licensing) Act 2009 is taken to be an application for a temporary limited licence.

    (11)     An application for a limited licence (other than for an event) that was made but not finally determined before the commencement of section 12 of the Liquor Control Reform Amendment (Licensing) Act 2009 is taken to be an application for a renewable limited licence.

    (12)     The Director may treat an application for a limited licence that is made after the Liquor Control Reform Amendment (Licensing) Act 2009 receives the Royal Assent as an application for a major event licence, if the event for which the licence is sought is an event that is capable of being determined as a major event by the Director in accordance with section 14B and is proposed to be held after the commencement of section 13 of that Act.".

See:
Act No.
14/2003.
Reprint No. 2
as at
1 October 2007
and amending
Act Nos
16/2004, 39/2007, 72/2007, 4/2008, 12/2008, 40/2008, 71/2008, 73/2008 and 29/2009.
LawToday:
www.
legislation.
vic.gov.au



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback